유전공학에서의 민사책임 — 민사책임 체계와 입법론을 중심으로 —

These days, while the rapid development of genetic engineering offers chances to solve the future of human problems such as food, disease, and environment, it makes get increasing the potential risks of human health and the environmental problems. The inherent risks of genetic engineering still stay on the level of concern. However, if the risks become to be realized, we do not have sufficient knowledge and skills to remove the risks at present. Therefore, it must be reinforced for the operation of genetical engineering and prepare the legal rules to work out for the damages caused by risks. Genetic engineering aims to product and release the modified organisms caused by genetic engineering tasks. Because genetic engineering tasks do not prevent the damage, even in the case of implement of all safeguards, it is necessary to make a rule of genetic engineering liability for the operation. Accidents caused by genetic engineering tasks have not been reported in Korea, so there is no a legal response to it yet. However, developed countries of genetic engineering, such as Germany, Austria and Switzerland have legislated and implemented the Genetic Engineering Act from 1990s. This article tries to make the system of civil liability and de lege ferenda about the compensation of human loss and/or damages and the environment caused by genetic engineering tasks within our civil liability system on the model of legislation cases in the developed countries of genetic engineering.