Biotechnology and Legislative Policy
사회과학 > 법학
( Un Jong Pak )
이화여자대학교 법학연구소
법학논집 2001년, 제6권 제1호, 355~369페이지(총15페이지)
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    Biotechnology should be protected and cultivated as an invigorating source which could propel the freedom of human spirit, improve medical or economic benefits and thus promote public welfare of the hu man being. However, on the other hand, it is also necessary to formulate legal devices to regulate the risks or misuse of the scientific techniques, as it could threaten the safety and integrity of the society. Before we go into the question of whether the problems in bioethics could be regulated by law, we should consider the limit of its effectiveness in this area. But considerations of the limit of law does not mean that law should disregard the possible damages of the application of the technology. Whether, and to what extent, law should intervene depends on the characteristics of each problem raised in the area of biotechnology and thus legal response thereto should be differently devised to cope with each of them. Judicial settlement is useful to deal with the delicate conflicts in such problems - for example, those involving right to child custody in artificial insemination cases - about which it is hard to prescribe exhaustively. Administrative regulations would be appropriate for the complex and technical problems that require participation of experts in such cases like involving the research institutes. On the other hand, legislative response would be more desirable where regulating the conducts is important. And if the national consensus is required, that should be made constitutional issue of.
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