초록

This Research examines some problems of the domestic laws related to the biotechnology and schemes for improvement of it. This Research examines and reviews the status of the laws related to the domestic biotechnology under the new government systems constituted by the amalgamation and centralization of governmental organization in 2008. In addition, the Research also examines the status of the laws related to the domestic biotechnology in accordance with the purposes of the laws, such as support and promotion of the biotechnology, improvement of the biotechnological infrastructure, effective management of biotechnological results, and proper regulations on the industries related to the biotechnology. After examining the legislative statuses of laws related to the biotechnology, this Research analyzes problems of the domestic laws related to the biotechnology and schemes for improvement of it, such as Biotechnology Support Act, LMO Act, and Life Ethics Act. Suggested schemes for the improvement of domestic laws related to the biotechnology are as below: (1) Enhancement of national biotechnology policy control function. The “Council for Comprehensive Biotechnology Policy” under the Minister of Science and Technology needs to be changed to the “Council for the Biotechnology Policy Adjustment” under the Prime Minister in order to control the conflicts of interest or the unclearness of the department’s service sectors. And participation of the civil experts to the policy making process must be guaranteed. (2) Improvement of systems and controls of laws related to the biotechnology. Laws related to Biotechnology are better to be specialized in the biotechnology support act and the biotechnology regulation act. Establishment of “the Special Committee for Biotechnology Legislative Deliberation” under the Ministry of Legislation as an organization for the adjustment of laws related to biotechnology could be considered. (3) Adjustment of laws related to bio-fusion technology(such as BT+NT, BT+IT). (4) Needs of the Ministry of Legislation’s affirmative adjustments for the related laws and regulation. In order to adjust some inconsistencies of the laws related to biotechnology, the Ministry of Legislation needs to aspire to choose the subject related to biotechnology when the Ministry selects the subjects for the adjustment of laws and regulations.

키워드

생명공학, 생명공학 관련법률, 생명공학 성과관리법, 생명공학육성법, LMO법, 생명윤리법

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