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KMID : 1172020030040010021
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Journal of Korean Bioethics Association
2003 Volume.4 No. 1 p.21 ~ p.44
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Policy of the Legislation on Bioethics and Biosafety in Korea
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Park Eun-Jung
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Abstract
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Since the birth of clone sheep "Dolly," there have been efforts to legislate acts on bioethics and safety in 8 or 9 times in Korea. While some were proposed as a part of the amendment of the existing Biotechnology Support Act, new legislative bills were introduced such as "the Bill of Act on Human Cloning Prohibition," "Bill on Bioethics Framework," etc. Half of them were presented by the congress, mainly focusing on the prohibition of human cloning. The remainder were drafted by the administration since after 2000 with more diverse contents ranging from embryo research and embryonic stem(ES) cell research to the protection of genetic information and biotech patent, etc. However, such legislative efforts were all in vain. Such failure to enact legislation could be attributed to various reasons. First of all, the Progress-First oriented policymakers could not cast aside their concern about the negative affects on the development of the biotechnology that may be caused in case of legal regulation there of, and supposed that it would not be late to take an action after observing the legislation in other countries. I also have sensed that in the course of public hearing, more weight was laid on the biotechnologists’ negative perspective on the regulation in general, and some of the mass media themselves seemed inclined to stand on the scientific utilitarianism rather than inform the public of various problems in this area in well balanced perspective. Besides, somewhat rigid corresponding logics between the religious circle and the civil organizations may be referred to as one of the reasons. Above all, the keen competition within the inside of the government to take the initiative in the related legislation should be mentioned. The government-led draft bills for the legislation on bioethics and safety introduced since after 2000 have been separately prepared and drawn up by Ministry of Science and Technology(MOST) and Ministry of Health and Welfare(MOHW) concurrently. While the MOST bill reflects the views from the biotech world and the industrial world, which prefers such legislation as based on the principle of minimum regulation so as not to hinder the promotion and development of the science and technology, the MOHW bill rather incorporates the result of the public opinion laying weight on the public’s health and human dignity. Therefore, each of the two ministries have held the other in check in respect of legislation or any other legislative actions, dissatisfied with the
legislative efforts by the other and thus impeding legislative activities each other, which in consequence have frequently caused delay or failure in the legislation concerned. This article briefly reviews the progress of the legislative circumstances related to bioethics and safety, focusing on the significant bills proposed for the last 6 years, and tries to identify the issues surrounding the recent legislative actions in Korea and present the direction for the legislation.
Currently one of the issues in the legislation is whether to enact legislation of a comprehensive bioethics regulation or to enact at least individual acts covering issue by issue (sui generis). Considered the state of the legislative progress and the process of the related discussion there on so far, it is deemed appropriate from the perspective of time-concern and practical point of view to legislate in the form of covering at least the minimum level of critical points on bioethics and safety comprehensively. The next issue in legislation is to what extent the research should be allowed. Presently controversy is brewing over the permissibility of the human embryonic clone by means of somatic cell nuclear transfer (therapeutic cloning) and the hybrid nuclear transfer/transplantation. With regard to the human embryo research, including those of somatic cell nuclear transfer, it is viewed acceptable at this stage to take a compromise that is based on the principle of free research with a certain limit requiring careful concern and protection in terms of ethical point of view.
Furthermore, issues on the status and role of the National Bioethics Committee, if set up, are under discussion.
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KEYWORD
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Biotechnology Support Act, Bill on Bioethics Framework, Bill of Act on Human Cloning Prohibition and Stem Cell Research, Bill on Bioethics and Biosafety
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