재량기준의 통제와 정합성 제고 - 생물자원 국외반출 승인제도를 중심으로

Since the adoption of the Nagoya Protocol on Fair and Fair Sharing of Genetic Resource Access and Gene Resource Utilization in October 2010, central administrative agencies dealing with biological resources have competitively enacted related laws to regulate the use and export of domestic or genetic resources. Since the adoption of the Nagoya Protocol, efforts to limit the export of biological resources and genetic resources abroad and secure national biological sovereignty have been distributed and managed by various laws and administrative agencies. Restricting indiscriminate export of biological resources abroad is also important for the protection of many domestic endemic species that are ignored because it is difficult to convert into market value, not because it is currently worthless. In particular, the importance of biological resources and genetic resources has become more prominent as biological resources have recently been converted into market value and enormous profits have been concentrated on specific countries or individuals. However, such duplication of overseas export approval targets, inconsistency of approval criteria, and excessive regulatory administration can force excessive sacrifices of the prisoner for the public interest. Moreover, the legal nature of “approval” or “authorization” is ambiguous in the overseas export process, and the wide range of legislative rights and discretion are granted to regulators, causing considerable confusion in the administration. Accordingly, the Ministry of Environment, the Ministry of Oceans and Fisheries, the Ministry of Trade, Industry and Energy, the Ministry of Agriculture, Food and Rural Affairs, and the Korea Centers for Disease Control and Prevention examined the export approval or permission system. While analyzing the problems of the system, the nature of overseas export approval or permission of biological resources was viewed as discretionary, the appropriateness of designation and approval criteria for control and consistency of discretionary standards was reviewed. First, not only biological resources themselves but also biological resources or genetic resource information needs to be included in the approval list, while improving the consistency of the criteria for designating approval targets, and in the case of endangered wildlife, export needs to be uniformly regulated under the Biodiversity Act. Regarding the approval criteria, it is required to prepare an approval standard suitable for regulatory purposes, and when the agenda for licensing is placed under the Genetic Resources Act, regulations that can confirm the conclusion of mutual agreement conditions should be reflected. The procedures for approval of changes and reporting changes need to be allowed procedurally. When taking out, it is possible to specify the use of taking out, and if necessary, the possibility of management according to the additional clauses should also be considered.