생명과학기술의 발달에 따른 형사입법의 회고와 전망 = A Study on the Prospect and Retrospect of Criminal Law in the Rapid Developments of Biotechnology

• 제어번호 : 76486411
• 저자명 : 이인영(Lee In-Young) ,김성천
• 학술지명 : 刑事法硏究
• 권호사항 : Vol.19 No.3 [2007]
• 발행처 : 한국형사법학회
• 발행처 URL : http://www.kcla.net
• 자료유형 : 학술저널
• 수록면 : 33-58(26쪽)
• 언어 : -
• 발행년도 : 2007년
• KDC : 364
• 등재정보 : KCI등재
• 주제어 : 생명윤리 ,위험형법 ,안전법 ,과학입법 ,유전공학 ,Biotechnology and Law ,Bioethics ,Biosafety ,Gene Technology

초록 (Abstract)

Scientific and technological developments have been of great benefit to humankind and such developments make an offer to promote equitable access to medical and scientific benefits. But The rapid developments in science and technology, which increasingly affect our understanding of life and life itself should be attended with danger and involve some risk of the present and future generations and ecosystem.
Therefore those scientific developments should be examined with due respect to the dignity of the human person and human rights.
Last fifty years those developments in science and technology was given rapidly and hastily to our society and was resulted in a strong demand for a legislations in connection with technological promotion and control system.
At the start the Korean Government provided for technological promotion in some legislations. These laws aims to enhance the health of human beings and the quality of human life by creating conditions that allow for the development of life sciences and biotechnology. In company with promotion laws, the Korean Government recognized that the appropriate assessment and adequate management of risk related to biotechnology should be established.
In the last ten years our society considered that biotechnology are developed safely and in accordance with the principles of bioethics. The impact of life sciences on future generations, including on their genetic constitution, should be given due regard. Ethical reflection is an integral part of scientific developments and that bioethics plays today a predominant role in connection with technology and law.
In this study I considered historical change of laws in applying and advancing scientific knowledge, associated biotechnology. And then I analysed the contents of the laws and especially pointed out biosafety and bioethics, privacy and the confidentiality of their personal information. In conclusion I emphasize that any possible harm to such individuals raised by technological developments should be minimized, but our society should not settle this problem by enacting and legislating overgovernmented laws.

목차 (Table of Contents)

Ⅱ. 생명과학기술의 발달과 법적 제재에 대한 요청

Ⅲ. 지난 50년간 과학기술계 동향 및 과학입법의 제·개정

Ⅳ. 특별형법으로서 과학입법의 주요 내용 분석

Ⅴ. 미래적 관점에서의 과학입법의 방향성

〈Abstract〉

[토론문] ‘생명과학기술의 발달에 따른 형사입법의 회고와 전망’에 대한 토론