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KMID : 1011120150090010071
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Bioethics Policy Studies
2015 Volume.9 No. 1 p.71 ~ p.101
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A Study on the Claim for Damage to Eggs Collection : in terms of the Protection of Women Donated Eggs
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Kim Hyun-Ah
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Abstract
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The two plaintiff women in the target court rulings of this paper, since 2004 in the Hwang Woo-suk driving syndrome in our country who had provided eggs, after this research has been revealed to false, claimed damages against the Republic of Korea and the relevant IRB. This was the first decision on invasion of the right of self-determination of the women who provided the eggs voluntarily for the purpose of public interst, but it was rejected.
This paper raises the following issues for the decision
(1) The reasons to be possible for providing numerous eggs unprecedently worldwide were due to old practices that were mobilized women to national development, that did not reveal women’s experience and the practice did not respect the right to health of women. And though providing such a large number of eggs women, it is still not accounted for not leading position in the development of eggs research.
(2) If you collect the eggs from women for life science research, the legality and legitimacy of the egg supply process is governed by agreement of the provider eventually.
At this time, for the general women as altruistic donors oppose payment of the judgment, as plaintiff, it is necessary to give more detailed and sufficient information about the risk than the self-collected infertile women. The eggs retrieval procedures and actions should be explained otherwise amenable to further strengthen unlike the other general treatment.
(3) In addition, for the assumption to respect the self-determination of the plaintiff, the informed consent by the sufficient explanation and information should be judged strictly. Like this judgment, to let up with an obligation to provide and account of the process and result for the reasons that medical tests are unclear and professional.
Taking a lesson from the Hwang Woo-seok scandal, the construction of the National Bioethics Committee should be equal. And the bioethics should be developed on the basis that respects women’s experience and human rights.
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KEYWORD
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eggs collection, protection of women donated eggs, eggs donation, bioethics, informed consent
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