LMO 피해자 보호를 위한 현행 책임법상의 한계와 책임법제의 필요성

Biotechnology is helpful for human beings, but at the same time is likely to be harmful to them and environments. Accordingly, it needs to enact laws for indemnifying for living modified organisms (LMO)-related damage to human beings and environments. In this regard, ‘Nagoya-Kuala Lumpur Supplementary on Liability and Redress to the Cartagena Protocol on Biosafty’ has been established in October 2010 in order to execute the article 27 of ‘Cartagena Protocol on Biosafty.’ The protocol stipulates that the countries directly involved in LMO should enact domestic laws regarding damage caused by LMO in order that the civil responsibility may be assumed for it. The domestic laws should be applied within laws in force or should be newly enacted. In South Korea, Article 750 of Civil Code may be applied to environmental damaged caused by LMO. However, there is a limit as to what the article protects the victims of environmental damages caused by LMO inasmuch as it is based on the principles of fault liability. Article 31 of Framework Act on Environmental Policy stipulates strict liability of business places, but is not focused on LMO-related damages. Strict liability, stipulated in Article 3 of Product Liability Act, may be applied to cases where products including MLO harm the benefit and protection of the law. However, there is a limit as to what it protects victims due to the plea of developmental risks. In the case of Germany’s Biotechnology Act, strict liability is applied to damages caused by MLO. Hereat, there needs to refer to it in enacting the relevant law.