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KMID : 1025620050080010021
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Korean Journal of Medical Ethics
2005 Volume.8 No. 1 p.21 ~ p.33
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A Critical Analysis of the‘ Bioethics & Biosafety Act
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Kim Joong-Ho
Ku In-Hoe
Hong Suk-Young
Koo Young-Mo
Lee Kyung-Sang
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Abstract
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We critically examine the ’Bioethics & Biosafety Act’(Act No. 7150), gone into effect in January 2005, and propose the directions to be considered for the amendment of this Act. This Act is the first comprehensive law in bioethics in Korea. But this Act has serious problems with respect to the dignity of human life.
1. The legislation of this Act was in such a hurry that it failed to offer sufficient time for debating controversial issues.
2. The purpose of the Act, ’creating environment that enables the development of life science’, is inappropriate. The
purpose of the Act must guarantee and protect the human dignity in life science, instead
3. With regard to National Bioethics Committee, there are problems of composition. The number of government minister should be reduced. The majority of the Committee members should come from the outside of the government.
4. Concerning Institutional Review Board, the total number of non-medical/scientific members and external members should count at least one-fifth of the entire committee.
5. The ban on human cloning should read to include the prohibition on the somatic cell nucleus transfer.
6. The ban on the transfer of embryos between different species should include the ban on the transfer of a human
somatic cell nucleus to a an animal egg from which nucleus was removed.
7. ’Embryo Production Research’(Chapter 3) should be completely amended or eliminated. Because human embryo is
not a mere cell but an early stage of human life, the research destroying human embryo should to be banned.
8. Some articles related to ’DNA testing’, ’Protection and Use of Genetic Information’, and ’Punishment’ need to be
specified or amended.
9. We propose the article on ’Support for Adult Stem Cell Research’ to be amended: ’The national and local governments should prioritize financial support for adult stem cell research.’
10. The interim measures on remaining embryo research and embryonic stem cell research listed in ’Additional Provisions’ should to be deleted.
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KEYWORD
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Bioethics & Biosafety Act, National Bioethics Committee, Institutional Review Board, The ban on human cloning, Embryo production research, Support for adult stem cell research
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