농업유전자원의 보존ㆍ관리 및 이용에 관한 법률 고찰

Genetic Resources are important for the maintenance of human being of the biosphere, particular for foods, health products, environment and other needs of the growing human population. So, international community endeavor to protect the biological resources for the conservation and the sustainable use of them. In 2007, Korea enacted “the Law of the Conservation, Administration and Use of Genetic Resources for Food and Agriculture”(hereinafter “the Law”) for the conservation and the sustainable use of the Genetic Resources for Food and Agriculture. This article aims review the main contents of the Law: historical background including status of domestic conservation and some problems of the Genetic Resources for Food and Agriculture administration; objectives; use of terms including the Genetic Resources for Food and Agriculture, sustainable use, in situ and ex situ conservation etc.; general obligations of government; scope of the Law; conservation, administration and use of the Genetic Resources for Food and Agriculture including establishment of national plans, survey and inventory, characterization and evaluation, access and use of the Genetic Resources for Food and Agriculture, establishment of information system on the Genetic Resources for Food and Agriculture, facilitate of diversity and use of the Genetic Resources for Food and Agriculture, measure to threats; consultatory committee on the Genetic Resources for Food and Agriculture, center institution on the Genetic Resources for Food and Agriculture and sub-institution on the Genetic Resources for Food and Agriculture. This article also review that the Law has some problems which omitted the marine and coastal biological resources, farmers' rights and traditional knowledges that are relevant to the conservation and sustainable use. I suggest that such problems shall improve by the amending of the Law.