안데스 공동체의 유전자원에 대한 법제 분석 ― 안데스 결정 391과 에콰도르 이행법령을 중심으로 ―

Those who want to use the genetic resources from one of the Andean Community, Ecuador should understand both the Andean decision 391, which governed the Andean Community countries and the Ecuadorian implementing legislation to be implemented nationally. Andean areas are rich in biodiversity and are committed to managing genetic resources. The indigenous peoples have been regarded as important membership from the Ecuadorian Constitution. The obligations to furnish translations into indigenous languages, expressions such genetic resources used in specific region Ecuador genetic resources etc are given to the genetic resources users. Applicants must obey the Ecuadorian act, unless, punitive and administrative penalties such as fines and confiscation could be apply to the users. It is hard for those who run small businesses wishing to use genetic resources from Andean countries, especially Ecuador, as the Ecuadorian act gives much burden to them. Therefore, Korea government should provide guidance, legal, administrative and linguistic supports to the applicants.