뇌과학 기술의 형사법적 규제 필요성 - 향상(Enhancement) 목적 뇌과학 기술을 중심으로 -

Recently, brain science and technology are developing rapidly. In particular, so-called ‘Enhancement’ rather than treatment have been developed and have begun to be widely used. In this study, I tried to establish the legal concept of the enhancement. The characteristics and types of augmentation were also reviewed. There are few laws or guidelines regulating the enhancement. Therefore, there is a need for active review and regulation on enhancement-technologies. This is because enhancement techniques eventually involve interventions in the brain of a living person, either invasive or non-invasive ways. In other words, it is very important to secure the safety of the technology. Next, the criminal law issues that may be raised in relation to the use of enhancement- technologies were reviewed. The enhancement-technology are different from the existing medical technologies or medical devices. Typically, it is difficult to measure whether and to what level the enhancement of brain function has actually occurred. Therefore, it is necessary to discuss the legal evaluation of cases where enhancement is not felt even after using the enhancement-technology. On the other hand, there is disagreement as to whether the use of brain science and technology for the purpose of ‘cognitive enhancement’ can lead to social inequality or be considered cheating. Finally, the protection of personal information and privacy that may occur in relation to the so-called BMI technology was considered. In particular, i pointed out the criminal punishment in case of BMI-hacking. I hope that this study will contribute to creating legal discussions so that brain- enhancement-technologies can be used effectively while ensuring safety.