바이오안전성의정서의 의미와 주요내용 = Significance and Major Matter on the Cartagena Protocol on Biosafety

다국어 초록 (Multilingual Abstract)

Modern Biotechnology has developed into highly advanced techniques for the creation of Living Modified Organisms (LMOs) which have applications in every industrial sector and great potential for contributing to human society. These LMOs contain infinite and valuable possibilities for humans in terms of their social, and economic benefits. Taking into account the rapid development and application of LMOs, it would not be difficult for us to find LMOs becoming the huge driving force behind industrial development in the future.
On the other hand, people have had concerns about the development of LMOs since the early 1990s. There has been a great deal of speculation about the potential risks of consuming LMOs or releasing them in to the environment. There have also been numerous concerns regarding transborder effects.
With such concerns, the Biosafety Protocol was adopted to minimize the risks which biotechnology may cause and to maximize the benefit biotechnology may offer, as well as to receive international accountability to act as a functional and effective safeguard.
The Biosafety Protocol is an addendum protocol of the Convention on Biological Diversity (CBD) the ultimate goal of which is to protect biodiversity. In order to achieve such a goal, the Biosafety Protocol adopts the precautionary principle, the advanced informed agreement procedure, and scientific risk assessment. This means that parties are entitled to safety in transboundary movements of LMOs, as well as in movements within their respective borders. In this context, it is essential for countries to ratify the Biosafety Protocol in a timely manner if they are to protect public health and the environment from the potential risks of LMOs while promoting the industries related to LMOs on a sound basis.
Many countries around the world have established laws and guidelines for managing the import and export of LMOs in order to protect people and the environment within the native territory from potential risks which may originate from LMOs. It goes without saying that the procedures of the Protocol are reflected in those national regulatory regimes.
Korea became a party to the Biosafety Protocol on January 1st, 2008. At the same time, Korea is in the process of implementing a national basic law on LMOs that includes the transboundary movement procedures stipulated in the Protocol.
This study considers the significance of the Biosafety Protocol as well as its major components. Part Ⅱ looks at the circumstances and background of the adoption of the Biosafety Protocol. In Part Ⅲ, the main contents of the Biosafety Protocol are analyzed. Part Ⅳ looks into the status of each nation’s domestic efforts to implement the Biosafety Protocol. Finally, Part Ⅴ examines and prospects the significance of the Biosafety Protocol.

참고문헌 (Reference)

• 1 "유전자재조합생물 등의 사용 등 규제에 따른 생물다양성확보에 관한 시행규칙 실행에 관한 규정"
• 2 장호민, "유전자변형제품의 안전성 확보를 위한 무역규제에 관한 고찰" 17 (17): 2002
• 3 "유전자변형제품의 수출입검사 및 검역관리 조례"
• 4 최승환, "유전자변형식품에 대한 국제법상의 위생 및 검역규제" 28 : 1999
• 5 "유전자변형생물체의 의도적 환경 방출에 대한 지침(2001/18/EC)" 2001
• 6 "유전자변형생물체의 국가간 이동 등에 관한 법률"
• 7 "유전자변형생물 등의 사용 등 규제에 따른 생물다양성확보에 관한 법률"
• 8 "유전자변형 식품 및 사료의 안전성 및 시장출시에 관한 규칙(641/2004)" 2004
• 9 "유전자변형 식품 및 사료에 관한 규칙(1829/2003)" 2003
• 10 "유전자변형 미생물의 밀폐이용에 대한 지침(90/219/EEC)"
• 11 "유전공학에 관한 행정안전 조례"
• 12 박용하, "생명공학안전성의정서의 채택 및 이에 대한 분석" 22 : 2000
• 13 이재협, "생명공학기술의 안전성 확보에 관한 법적 고찰" 집문당 2004
• 14 KBCH, "산업자원부" 7 (7): 2006
• 15 KBCH, "산업자원부" 5 (5): 2004
• 16 KBCH, "산업자원부" 6 : 2005
• 17 "보건복지부 고시 제1197-22"
• 18 이종영, "바이오안전성의정서의 성립배경과 내용" 25 (25): 2001
• 19 "농업유전자변형생물체 표시관리 조례"
• 20 "농업유전자변형생물체 안전성평가관리 조례"
• 21 "농업유전자변형생물체 수입안전관리 조례"
• 22 "농업유전자변형생물 안전관리 조례"
• 23 "농업생물유전공학에 관한 행정안전시행 조례"
• 24 CBD, "The Cartagena Protocol on Biosafety: A Record of the Negotiations" 2003
• 25 Sato, S., "Japan Biotechnology Annual Report 2007, GAIN Report No. JA7040" USDA Foreign Agriculture Service 2007
• 26 James, C., "Global Status of Commercialized Biotech: GM crops" (37) : 2007
• 27 Cohen, S., "EU-27 Biotechnology Agricultural Biotechnology Annual Report 2007, GAIN Report No. C40000" USDA Foreign Agriculture Service 2007
• 28 Japan Food Industry Center, "Distribution Manual: How to Handle Products producedfrom Non-Genetically Modified Potato" Ministry of Agriculture, Forestry and Fisheries, General Food Policy Bureau, Standards and Labelling Division, Japan Food Industry Center 2002
• 29 Japan Food Industry Center, "Distribution Manual: How to Handle Bulk Shipments of U.S. and Canadian-Grown Non-Genetically Modified Agricultural Products (Soybeans and Corn)" Ministry of Agriculture, Forestry and Fisheries, General Food Policy Bureau, Standards and Labelling Division, Japan Food Industry Center 2001
• 30 Cino, A., "China Peoples Republic of Biotechnology Agricultural Biotechnology Annual Report 2005, GAIN Report No.CH5069" USDA Foreign Agriculture Service 2007
• 31 Krainin, Daniel M., "Biotech Crops, Biosafety Protocol: Genetically Nidified Sustainability?" 19 : 2004
• 32 Mackenzie, R., "An Explanatory guide to the Cartagena Protocol on Biosafety, IUCN Environmental Policy and Law Paper No.46" IUCN Environmental Law Centre 2003
• 33 한국생명공학연구원, "2007 바이오안전성백서" 2007
• 34 한국생명공학연구원, "2003 바이오안전성백서" 2003