전부개정된 「생명윤리 및 안전에 관한 법률」의 벌칙규정에 대한 비판적 검토

The content of the ‘Bioethics and Safety Act’ is linked to biotechnology. Science and technology is advancing at a very quick rate, especially in the area of biotechnology. As a result, it is impossible to predict everything that will become problematic in the future or create laws and regulations to prevent every problem that may occur in the future. Thus, when a new need arises for restriction, it is inevitable that existing laws reflecting that issue will be brought up. Although legal stability must be considered, it is important to be able to enact quick revisions to control new technology. The ‘Bioethics and Safety Act’ does hold many of these characteristics. However, after the law was put into effect, there was very little time for amendments. During enforcement of the ‘Bioethics and Safety Act’, the revised bill was constructed. The National Assembly then passed it and enacted it. According to its addenda, it is going to become effective in one year. The amendment is meaningful because the revised Bioethics and Safety Act enlarges borders regarding bioethics and affected loopholes in the current law. Despite this, several problems remain - especially regarding the penal provisions. These include coercion to undergo genetic testing or submitting the results of such testing, divulging or appropriating secrets to which he/she had access to during the course of conducting his/her duties, and making a false indication or exaggerated announcement regarding genetic testing. In comparison to the Criminal Act and other laws, the punishment is not reasonable. In this article, I am having a critical mind about this and examining other laws for comparing.