나고야의정서 의무준수 이행확보를 위한 법적 검토

Since compliance reporting became compulsory in 2018, only six compliance reports have been published in Korea. Therefore, in this article, several recommendations for activating the compliance report are presented in Korea, and the recommendations are presented in a range that does not impose heavy obligations on users. In order to proceed with this study, first, the compliance obligations under the Nagoya Protocol and the Korean ABS Act were reviewed. In addition, as a result of comparing the texts of the Japanese ABS guidelines with those of Korea, it was found that there are many contents and cases that relieve the burden on Japanese users compared to Korea. Japan has different rules and procedures for reporting by acquirers and importers, and encourages users to report by providing guidance and advice on reporting rather than imposing sanctions for non-compliance. As a result of the study, in order to promote compliance reporting, it is necessary to clarify the personal scope subject to compliance reporting in Korean law, and the contents and procedures of the report should be presented differently depending on whether the IRCC is issued or the purpose of its use is commercial or non-commercial. When genetic resources are accessed from a third party other than the direct provider, other procedures are required, such as exceptions to compliance reporting or different notification deadlines. Increased government support and guidance is needed to encourage and raise awareness of compliance reporting. Governments should encourage the development, update and use of voluntary codes of conduct, guidelines, best practices and/or standards related to compliance by providing incentives or other financial support.