생명윤리에서 바라 본 형사법적 쟁점 = A Study on Criminal Issues Related to Bioethics

다국어 초록 (Multilingual Abstract)

Considering the origin and process of academic development of biomedical ethics, bioethics which is reflected from the standpoint of medicine seems much like biomedical ethics which is on the backbone of medical ethics. Of many a theme on bioethics from the standpoint of medicine, topics on principle of medical ethics, human dignity, and life justice could be regarded as exemplary ones. Nowadays, the fundamental principles of medical ethics have been the principle of respect for autonomy, the principle of nonmaleficence, the principle of beneficence, and the principle of justice. Additionally, from the standpoint of life justice, natural basic value of life is second to none of every other social basic value and makes a basic constituent of the equality of human rights. Every human life should be protected from the very beginning and guaranteed to be concepted in the midst of human relationships and born in the complete and genial family relations. Also, every privacy which could be laid in the process of conception and birth should be protected lest it should be invaded. Medicine is, by nature, a moral profession. Even though, these days, the events on the beginning and the end of life would not be wrapped in a awe of mystery, the time of life should be received as the most significant and precious thing in the whole world. Recently, the research in embryonic stem cell which has been suggested as a new treatment for some incurable diseases leads to fast development in biological science. In Korea, biological science has been a special attention. People who don`t have any professional knowledge know the scientific term, “stem cell”. It is clear that life science is one of the major disciplines in the future. However, there are controversies on ethical aspects of life science. Hence, we would like to raise major issues in the field of recent biological science. We would suggest different aspects about the time point life starts. We also consider the induction of superovulation and its side effects because human egg is the key of biological science and superovulation is the way of gathering ova. Genetic engineering is associated with genetic testing and designer baby. Chimera for organ transplantation, animal experiments, and genetically modified organisms are urgent problems life science face. We would introduce regulations for clinical trials and research honesty, moral character which should be built inside the scientists` mind. The major purposes of biological science are promotion of human health. The study of biological science would contribute to human welfare; however, ethical problems are not to be avoided. The tendency of the world science is toward life science. Searching for the appropriate answers to growth power of 21 century i.e. contribution to the human health promotion, and misuse of personal genetic information, eugenic modification to embryos is really important. It is the matter of the highest priority that we should try to find solutions through discussions, which would lead us to the ethical points. Criminal Law protects the human life with the provision of murder when he/she has born, and with the provision of abortion before the birth, which punishes the criminal less severely. And the fetus, that is the object of abortion and becomes a person by the birth, is the existence after implantation of fertilized egg. Therefore the life of fertilized egg or embryo, especially the life of early embryo before appearance of the primitive streak is denied and excluded from the legal protection. But accordingly the development of bio technology, genetic diagnosis and in vitro fertilization(lVF), it becomes possible to manipulate embryo artificially before implantation. For the protection of bioethics and biosafety, Bioethics and Biosafety Act is in force, but the purpose of this act is protecting of bioethics and human dignity in bio technology, not the life of embryo itself. Oppositely it is alleged that embryo should be regarded as valuable as an early form of human life. And quite recently, the Constitutional Court of Korea has decided that the early embryo is not the human being. This paper discusses the regulations of Bioethics and Biosafety Act concerning embryo and the grounds of that decision.

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