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KMID : 0986720150230010021
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Korean Journal of Medicine and Law
2015 Volume.23 No. 1 p.21 ~ p.37
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The Rights and Criteria of Distribution of Human Biological Materials and Genetic Information
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You Ho-Jong
Kim So-Yoon
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Abstract
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The providers of their human biological materials and genetic information have personality right to the materials and information. The right will have been maintained even after the time of providing the materials and information. Receivers of the materials and information such as researchers, bio banks, genetic testing organizations have the right of management to the materials and information. The personality right of the providers is stronger than the management right of the receivers. Therefore, the providers should have the right of choice when the materials and information are secondary distributed. The providers should be able to do more detail consent in comparing to the comprehensive consent. If the comprehensive consent of the providers is inevitable, the receivers can have the right of more detail choice. In that time, the receivers must choose on the basis of the criteria that is scientifically sound and morally fair.
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KEYWORD
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Human Biological Materials, Genetic Information, Comprehensive Consent, Bio Bank, Personality Right, Right of Management
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