유전정보 보호에 관한 법적 고찰
= Legal Regulation of the Use of Genetic Information

저자명: 정규원:

학술지명: 한림법학

권호사항: Vol.10 No.- [2001

발행처: 한림대학교 법학연구소

자료유형: 학술저널

초록

Recent development of genetic technologies has gives rise to the concept of genetic privacy. Not only ethics but also law concerns about genetic informations and the use and abuse of them.
Recent concerns about genetic informations includes several issues;Genetic privacy in the workplace and in the insurance, abortion, DNA data bank. The systematic collection of genetic information by the employers or the insurance companies can increase the abuse of genetic informations and man can be discriminated due to his genetic informations. And if the parents, their relatives or the insurance companies could be acquainted with the genetic information of fetus, abortion could be increased. DNA data bank-repositories of genetic information about individuals obtained from the analysis of DNA samples-can be useful for many purposes, like finding missed kids, arrest the criminals. But the management of DNA data bank by the government can give harms to individuals. If the government would use the genetic informations of individuals for the purpose of controlling the people, these behaviors can threaten people`s privacy and freedom.
Legal regulation of the abuse of genetic informations can be designed in the various forms. But overuse of legal regulation for these issues can make many problems and I think we must distinguish legal arguments from ethical arguments. The benefits of genetic technologies must be promoted but the abuses of genetic informations and other side-effects of the genetic technologies must be regulated by the law. So legal regulation of these issues must aim to decrease undesirable results of the genetic technologies. And regulation of the genetic technologies by the criminal law might be allowable only when the other legal methods are not effective to control the side-effects of these technologies.