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KMID : 1234820170180010037
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Korean Society of Law and Medicine
2017 Volume.18 No. 1 p.37 ~ p.60
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Ownership of Human Biological Material - Concerning on Dead Body -
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Jung Kyu-Won
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Abstract
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Ownership is the bundle of rights that allow a person or institute to use and control an object. As the biomedical science is advanced, we should consider whether human biological material should be recognized as property. Whether separated parts of the human body can be objects of ownership is a different issue. Many thought that separated parts of the human body could not be objects of ownership. This idea is primarily based on this thought: even if a piece of human biological material is separated from a person, it still relates to that person, and if treated as a thing, human dignity may be harmed. However, some commentators have admitted separated parts of the human body into the realm of property. Though a person owns his/her body or body parts, this does not mean that he/she can do anything he/she desires. There are many natural and social limitations to exercise the ownership of human biological material as discussed above. Human dignity is the core consideration whether or not we recognize that ownership of human biological material biomedical research and knowledge.
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KEYWORD
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Human biological material, Ownership, Ownership of Dead Body, Autonomy Model, Property Model
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