발행년 : | 2009 |
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구분 : | 국내학술지 |
학술지명 : | 한국의료법학회지 Vol.17 No.2 |
관련링크 : | http://www.riss.kr/link?id=A99949175 |
생식세포, 배아에 대한 쟁점사항 및 입법논의 = Issues on the Human Embryo, Human eggs and Human sperms and the Related Laws
초록 (Abstract)
Human Embryo means a vertebrate at any stage of development prior to birth or hatching, and the developing human individual from the time of implantation to the end of the eighth week after conception. Eggs are to live human eggs, including cells of the female germ line at any stage of maturity, but not including eggs that are in the process of fertilization or are undergoing any other process capable of resulting in an embryo, and sperm are to live human sperm, including cells of the male germ line at any stage of maturity. Most embryonic stem cells are derived from embryos that develop from eggs that have been fertilized in vitro-in an in vitro fertilization clinic-and then donated for research purposes with informed consent of the donors. They are not derived from eggs fertilized in a woman"s body. The embryos from which human embryonic stem cells are derived are typically four or five days old and are a hollow microscopic ball of cells called the blastocyst. But research on human embryonic stem cells has generated much interest and public debate. In the case of embryonic stem cell research, the end that scientists hope to achieve is the relief of human suffering. That this is a humanitarian and worthy end is not in dispute. The controversy is about the means, namely, the consumption of donated embryos. the Holy See of the Roman Catholic is unequivocal in its opposition to the use of embryos as means. For one who holds that we should treat every embryo as a person for purposes of the duty not to kill, embryo-destructive experiments could gain justification only if it were argued that it is sometimes permissible to kill some persons in order to help other persons, and that is an uphill argument within any moral view. According to Bioethics and Biosafety Act in Korea, no one shall produce embryos other than for the purpose of pregnancy. In producing embryos for the purpose of pregnancy, no one shall perform any of the following acts: 1. Fertilizing an oocyte, when the oocyte and/or sperm have been specially selected for the purpose of producing offspring of a particular gender; 2. Fertilizing an oocyte, when the oocyte and/or sperm are those of a non-living human; or 3. Fertilizing an oocyte, when the oocyte and/or sperm are those of an under-aged human. However, this shall be allowed when married under-aged parents wish to conceive a child. No one shall induce or assist in providing or utilizing sperm or eggs for the purpose of receiving financial reward, property, or any other personal benefits. Payments to woman providing eggs should be fair and not so substantial that they become undue inducements that will lead donors to discount risks. to discourage improper decisions to donate eggs, programs should adopt an effective information disclosure and counseling process. Regardless of how prospective donors are recruited, programs should be ensure that they receive accurate and meaningful information on the potential physical, psychological, and legal effects of eggs retrieval and donation. But there are no regulations on the storage, disposal and donation of garnets. Though belated, government should strive actively to solve the matter and should be planning to enact the related laws.
목차 (Table of Contents)
Ⅰ. 들어가는 말
Ⅱ. 생식세포 및 배아의 의의
Ⅲ. 생명의 시작과 관련된 배아의 지위에 관한 논변들
Ⅳ. 생식세포 및 배아의 처분권에 관한 논변들
Ⅴ. 생식세포 매매금지 관련 논쟁
Ⅵ. 생식세포 및 배아와 관련된 입법현황
Ⅶ. 맺음말
참고문헌
【ABSTRACT】