「유전자변형생물체의 국가간 이동 등에 관한 법률」에 대한 형법적 관점에서의 검토

A Review on the 「Transboundary Movement, Etc. of Living Modified Organizms Act」 -Centering on the Point of View of the Criminal Law-

Genetically modified organisms have been developed and used to deve lop a variety of genetic engineering techniques. As a result, we can enjoy various benefits. However, inherent limitations are also present because it is a gene variant. Therefore, we cannot ignore the possibility that this will influence our health or body in a negative manner. Therefore, me asures to prevent it in advance were discussed in the international move ment Cartagena Protocol on Biosafety , which was adopted, incorporated in to the subsequent national law obligations 「Transboundary Movement, Etc. of Living Modified Organizms Act(LMO Act)」, and is being implemented. This law has rules regarding, for example, the development, production, import, export, and distribution of genetically-modified organisms. Such rules are required to ensure the safety of these living modified organisms. It must be clear that they do not negatively affect people s health or the environment. Additionally, international cooperation with respect to this is sue will be vital. To achieve these objectives with respect to genetically-modified organisms, procedures and regulations must be developed. Officials must follow them, and those that violate them must be penalized. Ho wever, in the LMO Act s main contents are administrative regulations for the management of procedural matters. Thus, criminal sanctions for violations are not addressed, only administrative sanctions. In this paper, I examine the purpose and the intent of the LMO Act thorough the law-making process. I further analyze the regulatory penalties of the LMO Act to determine and rationalize the penal provisions. Excessive criminal sanctions need to be avoided, and this work will aid establishment of the appropriate penalties. It should satisfy the Ultima Ratio Principle of criminal law.