유전자검사에 관한 규제 현황과 미비점에 관한 고찰 (Regulation of Genetic Testing in Korea)

서지정보

· 발행기관 : 전북대학교 동북아법연구소
· 수록지 정보 : 동북아법연구 / 7권 / 3호 / 211 ~ 227페이지
· 저자명 : 백수진

초록

After Human Genome Project, as the advances of genomics, genetic testing is becoming more commonplace in various fields. According to the Dictionary, a genetic test examines the genetic information contained inside a person's cells, called DNA, to determine if that person has or will develop a certain disease or could pass a disease to his or her offspring.
In korea, Bioethics and Safety Act regulates the genetic test. According to this act, the term ‘genetic test’ means a test conducted to obtain genetic information from a human material for identifying an individual or for preventing, diagnosing, or treating a disease. In article 49 of this act, it prescribes that a person who intends to conduct genetic tests shall secure facilities, human resources, etc. specified by Ordinance of the Ministry of Health and Welfare and report his/her business to the Minister of Health and Welfare: Provided, that foregoing shall not apply to a State agency that intends to conduct genetic test. In other words, a person who intends to conduct genetic tests should be reported to the Minister of Health and Welfare a genetic testing institution.
With respect to restriction of genetic testing, it prescribed that no genetic testing institution shall conduct any genetic test for physical appearance of character, which has no reliable scientific proof and is likely to mislead the testee, or any other genetic test specified by Presidential Decree through deliberation by the National Committee in article 50. However, it did not present what are not reliable scientific proof.
Genetic testing are used as a health care tool to detect gene variants associated with a specific disease or condition, as well as for non-clinical uses such as paternity testing and forensics. In the clinical setting, genetic tests can be performed to determine the genetic cause of a disease, confirm a suspected diagnosis, predict future illness, detect when an individual might pass a genetic mutation to his or her children, and predict response to therapy.
The development of science and technology related to genetic testing has given us hopes, but at the same time, it has raised a variety of concerns. The concerns are, some times, based on uncertainty. Therefore, restrictions regarding genetic tests should be established after setting clear understanding and the direction of genetic tests, and the principles of the restrictions. Together, it is necessary to come up with more realistic restrictions that take accounts of the meaning and the effectiveness of genetic information. In this regard, most genetic tests are not yes regulated properly in korea.

영어초록

After Human Genome Project, as the advances of genomics, genetic testing is becoming more commonplace in various fields. According to the Dictionary, a genetic test examines the genetic information contained inside a person's cells, called DNA, to determine if that person has or will develop a certain disease or could pass a disease to his or her offspring.
In korea, Bioethics and Safety Act regulates the genetic test. According to this act, the term ‘genetic test’ means a test conducted to obtain genetic information from a human material for identifying an individual or for preventing, diagnosing, or treating a disease. In article 49 of this act, it prescribes that a person who intends to conduct genetic tests shall secure facilities, human resources, etc. specified by Ordinance of the Ministry of Health and Welfare and report his/her business to the Minister of Health and Welfare: Provided, that foregoing shall not apply to a State agency that intends to conduct genetic test. In other words, a person who intends to conduct genetic tests should be reported to the Minister of Health and Welfare a genetic testing institution.
With respect to restriction of genetic testing, it prescribed that no genetic testing institution shall conduct any genetic test for physical appearance of character, which has no reliable scientific proof and is likely to mislead the testee, or any other genetic test specified by Presidential Decree through deliberation by the National Committee in article 50. However, it did not present what are not reliable scientific proof.
Genetic testing are used as a health care tool to detect gene variants associated with a specific disease or condition, as well as for non-clinical uses such as paternity testing and forensics. In the clinical setting, genetic tests can be performed to determine the genetic cause of a disease, confirm a suspected diagnosis, predict future illness, detect when an individual might pass a genetic mutation to his or her children, and predict response to therapy.
The development of science and technology related to genetic testing has given us hopes, but at the same time, it has raised a variety of concerns. The concerns are, some times, based on uncertainty. Therefore, restrictions regarding genetic tests should be established after setting clear understanding and the direction of genetic tests, and the principles of the restrictions. Together, it is necessary to come up with more realistic restrictions that take accounts of the meaning and the effectiveness of genetic information. In this regard, most genetic tests are not yes regulated properly in korea.

참고자료

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