동물보호법과 이종이식에서의 공여동물의 보호

Abstract

Xenotransplantation is usually regarded as transplanting or implanting into human recipient of live cells, tissues, or organs from a nonhuman animal source. Thus, it is essential to use source(=donor) animals in xenotransplantation. Due to this reality, there are several legal problems can be occurred in xenotransplantation. The advocates of animal rights consistantly insist that xenotransplantation is cruel and ignores welfare of source(=donor) animals. On top of that, there are strong assertions that a special protection must be given to the transgenic animals and a special guidance should be issued for that. In addition, the general statutes for protecting animals are implemented in the U.S. and Korea in the name of Animal Welfare Act and Animal Protection Act, respectively. Under the notion that source(=donor) animals in xenotransplantation is required, I will explore the legal concerns between the protection provisions in the Animal Protection Act and protection of source(=donor) animals in xenotransplanation in this article. According to this goal of the article, I will examine the salient features of the first animal protection act in Korea (Animal Protection Act of 1991 that was the only declaratory statute for protecting animals) in chapter Ⅱ. After that, I will look closely at the substantial statute for protecting animals (Animal Protection Act of 2007 that amended the 1991 Act) in chapter Ⅲ. In chapter Ⅳ, I will abstract the relevant provisons for protecting source(=donor) animals in xenotransplantation from Animal Protection Act of 2007. As a conclusion of this article, in chapter Ⅴ, I will suggest some recommendations to amend the 2007 Act after comparing and analyzing between the 2007 Act and the current guidances in the research centers in order to guarantee both protecting source(=donor) animals and promoting xenotransplantation research.