한국에서의 인공수정관련법의 입법동향과 법체계상의 올바른 입법방식

• 영문명: Legislative Tendency of Laws Related to Artificial Insemination and Right Legislative Direction of Legal Systems in Korea
• 발행기관: 원광대학교 법학연구소
• 저자명: 송영민(Song, Young-Min)
• 간행물 정보: 『원광법학』제25권 제3호, 29~50쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

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

Ⅱ. 한국에서의 인공수정관련법의 입법동향

Ⅲ. 한국에서의 인공수정법의 올바른 입법방식

Ⅳ. 결 론

참고문헌

Abstract

키워드

인공수정 생명윤리 및 안전등에 관한 법률 장기등 이식에 관한 법률 행위규제 민법 Artificial Insemination Paternity Relationship Regulation Civil Law Bioethics and Safety Act Internal Organs etc. Transplant Act 親子關係