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KMID : 0986720130210010069
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Korean Journal of Medicine and Law
2013 Volume.21 No. 1 p.69 ~ p.95
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Genetic diagnostic information and legal challenges of the insurance - Recent trends of international legislation and effects on the insurance contracts
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Park Eun-Gyoung
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Abstract
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This article deals with the relationship of the conclusion of insurance contracts and genetic data. First, it is introduced to the subject and presents the development of the discovery of the human genome and its subsequent use in medicine. The author provides an overview of the present Law on Human Genetic Testing (Gendiagnostikgesetz - GenDG) in Germany, in which 1.2.2010 is in force. After this it will be explained to comment in detail the various regulations and in particular those based on the legislative materials of another countries.
Second, it is investigated with the general part of the normalized mainly purpose and scope of the GenDG and a ban on discrimination. After that, here are illuminated the rules for a collection of genetic data in the medical field and the extent existing disclosure obligations and advisory duties. In addition, here is discussed the stipulations for the investigation of genetic material on risk assessment in connection with the conclusion of insurance contracts.
Finally, it is concluded that the genetic knowledge has achieved both bright and dark sides, which must be adequately covered by the policy.
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KEYWORD
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GenDG, predictive analysis, right not to know, informational self-determination, adverse selection, insure contract, insurer
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