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한국에서의 인공수정관련법의 입법동향과 법체계상의 올바른 입법방식

원문정보

Legislative Tendency of Laws Related to Artificial Insemination and Right Legislative Direction of Legal Systems in Korea

송영민

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초록

영어

Looking into legislative process of the present high-tech medical services and laws related to Bioethics, it has been made under not adequate inquiry over whole legal systems, therefore, it is not good
enough to be considered as a synthetic and systematic law. For this reason, there are a lot of cases like that a similar legal provision has
been expressed repeatedly or overlapped according to its law, so I suppose it has a lot of difficulties with applying laws.
It is generally considered that the major purpose of legislation or revision includes the function of settlement which is to solve the legal disputes occurring already, and the function of prevention to predict legal problems being able to occur in the future. Owing to development of biotechnology, unpredictable legal problems would happen, however, I suppose, even though it is the only one case of legislation, legislative works being able to prepare for various medical problems occurring in the medical field would be necessary.
From this point of view, the laws, 'Act related to Subsidiary Generative Medical Services' and 'Act related to External Inseminations', are being effected, collide or overlap with their regulatory laws, Bioethics and Safety Act, thus the part related to the regulations out of the contents of the above two laws should be settled through the revision of Bioethics and Safety Act, and, simultaneously, I suppose the problem that the paternity relationship establishment about legal status of the person who was born by a artificial insemination should be arranged through the revision of Paternity Relationship Act of Civil Law considering its nature.

목차

I. 한국에서의 인구정책과 인공수정의 현황
  1. 한국에서의 인구정책
  2. 인공수정의 현황
 II. 한국에서의 인공수정관련법의 입법동향
  1. 인공수정관련법안 및 그 내용 
  2. 양 법률안에 대한 검토
 III. 한국에서의 인공수정법의 올바른 입법방식
  1. 올바른 입법을 위한 선결과제
  2. 생식세포에 관한 규율
 IV. 결론
 참고문헌
 ABSTRACT

저자정보

  • 송영민 Song, Young-Min. 원광대학교 법학전문대학원 조교수, 법학박사

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