Detailed Information

Cited 0 time in webofscience Cited 0 time in scopus
Metadata Downloads

이종이식의 법적 문제와 규제

Authors
박수헌
Issue Date
Apr-2008
Publisher
이화여자대학교 생명의료법연구소
Keywords
이종이식; 충분한 설명에 의한 동의; 수탁원칙; 사전예방원칙; 동물권
Citation
생명윤리정책연구, v.2, no.1, pp.45 - 64
Journal Title
생명윤리정책연구
Volume
2
Number
1
Start Page
45
End Page
64
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/7962
ISSN
1976-3719
Abstract
Transplantation of organs has been one of the remarkable success of modern medicine in the last half century. As more and more patients have benefited from organs received from either recently deceased or living organ donors, the demand for more organs has grown much faster than the supply. In order to supply enough organs to the patients waiting for transplantation, the researchers in the field of transplantation were stimulated to return to the notion that perhaps organs from other species can substitute for human organs. However, xenotransplantation has several critical problems including legal aspects. There s also no individual statute governing xenotransplantation. In this article, I examine some legal aspects of xenotransplantation at first. It is divided into three categories-domestic, human rights related, and international legal problems of xenotransplantation. Most of all, informed consent by the patient, monitoring mechanism, animal rights, and cooperation among countries are regarded as the salient and important aspects to be considered and to be solved. Then, I suggest in this article that an individual statute governing xenotransplantation be enacted. Even though several guidances exist as a way to regulate xenotransplantation, it is much more necessary to regulate xenotransplantation with an individual statute because the issues such as human dignity, human rights, privacy etc. are governed by constitutional law and statutes in our legal system. When an individual statute governing xenotransplanation would be enacted, it must consider the scope of regulation, cooperation among agencies, international legal principles like trusteeship and precautionary principle, risk-benefit analysis, and penalties. Legal decisions and the introduction of new laws will be influenced by the public attitude toward this from of therapy, and will depend to a great degree on whether society embraces it wholeheartedly or not.
Files in This Item
Go to Link
Appears in
Collections
법과대학 > 법학부 > 1. Journal Articles

qrcode

Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.

Altmetrics

Total Views & Downloads

BROWSE