Earticle

Abstract

영어

Clinical transplantation of animal tissues and organ into humans, so called xenotransplantation, is an alternative way to supply transplant organs. It carries with it a currently unquantifiable risk of the transmission of viruses from the animal to the human recipient. Therefore, the following would be necessary in order to monitor the health status of recipients: life-long surveillance, waiver of the right to withdraw consent, consent of their sexual partners, restrictions of travel, post-mortem examination, and so on. However, these conditions are violations of their human rights. Because it would be essential for recipients to personally comply with public safety measures, specific laws need to be enacted. To protect society in the event of emerging infectious diseases, governments must devise a legally effective means of ensuring compliance with such safeguards. This article argues that legislation implementing a xenotransplantation surveillance system should withstand constitutional scrutiny. Since the fundamental rights of recipients would be violated, the legal adequacy of such violations must be considered under existing constitutional doctrines.

Contents

Ⅰ. 머리말
 Ⅱ. 이종이식 임상적용의 특수성
 Ⅲ. 이종이식 임상시험에서의 인권침해 요소 - 진단, 치료, 평생추적, 격리 및 부검을 중심으로
 Ⅳ. 이종이식 임상시험에서 동의 철회 제한의 법적 고찰
 Ⅴ. 맺음말
 참고문헌
 

Authors

• 車有慶 [ 차유경 | 이화여자대학교 법과대학 박사과정 수료 ]
• 牟孝正 [ 모효정 | 서울대학교 의과대학 연구교수 ]

Reference