Legal Regulation of Gene Technology in Korea

Zusammenfassung

As the new Gene-Editing technologies like CRISPR-Cas9 and research on its medical application are rapidly developing, ethical or legal issues are being actively discussed in Korea. Especially, Korean researchers recently conducted a genetically modified cell therapy study, which differentiated pluripotent stem cells of hemophilia patients into hepatocytes by reprogramming the hemophiliac somatic cells and transplanting these hepatocytes into the patient’s liver. With respect to this type of research, some in Korea have voiced their concerns that “there is a possibility that research with little consciousness of ethics will proceed because it is possible for anyone to use simple molecular biological knowledge.” Beyond the ethical implications, there is a serious need to discuss the social impact of gene editing technology and its normative acceptability. In particular, this discussion should consider the use of germline cells or human embryos to create a so-called Designer Baby as this use of science raises eugenic concerns. In this context, it appears that genetic intervention on germline cells ignores the international consensus provided in Article 16 of the UNESCO Declaration on Biosafety and Human Rights (2005), which stipulates that, in the operation of technology, consideration should be given to the impact on the genetic composition of future generations.

This article is a slightly modified and supplemented version of a research paper titled ‘Gene-Editing: Interpretation of Current Law and Legal Policy’, which was published in the journal ‘Development & Reproduction’ (2017; 21(3): 343–349) with the support of Sungshin Women’s University. Particularly, Korean law is introduced in more detail in this modified article.