유전자검사기술 확대에 따른 국내 유전자 프라이버시 침해의 제 문제 -생명윤리 및 안전에 관한 법률 제6장을 중심으로-

The world genetic testing market marks a steep growth because of FDA’s approval about Bloom syndrome genetic test and disclosure of Obama administration’s investment plan to precision medicine. Catching up with new trend, Korean administration has relaxed regulations about genetic test to permit private enterprise to conduct Direct-To-Customer genetic test. Not only the change will make Korean genetic testing market grown-up, but it will cause genetic privacy problem nobody considered. However, there are few discussions to treat ‘Bioethics and Safety Act’ to regulate genetic testing. This paper considers domestic genetic privacy problem based on the expansion of genetic testing patent. To focus on Chapter 6 of ‘Bioethics and Safety Act’, it tries to conceptualize domestic genetic privacy and adduce 4 kinds of infringement. Especially, the problems caused by the cross border transfer of gene data and the character of the property rights about genes are major issues. Furthermore, these are needed to be regulated by improvement of domestic legislation because these issues are not illegal to carry out on punishment.