배아연구와 인간의 존엄과 가치

• 영문명: The Debate on Human Embryo Research and Human Dignity(Human Right to Life) - The Constitutional Court Decision on May. 27. 2010, case no. 2005 heonma 346 -
• 발행기관: 원광대학교 법학연구소
• 저자명: 서종희(Seo, Jong-Hee)
• 간행물 정보: 『원광법학』제27권 제1호, 243~270쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

One of the understanding the latest issues in bioethics is stem cell research used embryos, which is being discussed intensely in society from all corners of the earth. Embryos are used in various techniques of assisted reproductive technology, such as in vitro fertilization and embryo donation. They may be subject to embryo cryopreservation for later use if IVF procedures have resulted in more embryos than is currently needed. Some aspects, e.g. selective reduction in the beginning of pregnancy have triggered a moral debate, because prenatal diagnosis or preimplantation diagnosis involves testing embryos for diseases or conditions. At the same time, human embryos are being researched to determine their use in treating diseases. Stem cell research, reproductive cloning, and germline engineering are all currently being explored. The morality of this research is also debated because an embryo is commonly sacrificed. That is to say, this research cannot be divorced from ethical problems since it requires the destruction of eggs of fertilized eggs. Lively debates have been held over which should be more respected, freedom of research or human dignity(the right to life of embryo). Some insist that a human embryo can't have the right to life and human dignity since it is not considered viable organism, because it cannot survive outside the uterus. Others say that though embryo has the right to life or the human dignity, the human dignity and embryo research are compatible. Recently, many nations said “yes” to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. However human dignity and mankind’'s diversity attacked by an indiscreet research which is such an important characteristic of the ‘'human status’' would become meaningless, that is, it is a threat to human existence. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for human dignity. Also we must always be careful of violating of human dignity in that there is still eugenical discrimination by embryo research through the creation of human iPS (induced Pluripotent Stem cells) and artificial abortion in use of PGD(preimplatation genetic diagnosis).

목차

Ⅰ. 들어가는 말

Ⅱ. 대상결정에 대한 기본적 이해

Ⅲ. 생명윤리법 제17조에 대한 대상결정 분석

Ⅳ. 생명윤리법 제16조에 대한 대상결정 분석

Ⅴ. 맺는말

참고문헌

Abstract

키워드

배아연구 배아의 법적 지위 생명권 인간의 존엄과 가치 생명윤리법 헌재 2010.5.27. 선고 2005헌마346 전원재판부 결정 줄기세포 연구 Human Embryo Research Legal Status of the Embryo The Right to Life of Embryo Human Dignity Stem Cell research Bioethics & Biosafety Act The Constitutional Court Decision on May. 27. 2010 case no. 2005 heonma 346