유전자변형생물체 사고에 있어서의 책임배상체제

Liability and Compensation for LMOs Accidents

This study reviews the proposed liability and redress regime under the Cartagena Protocol on Biodiversity and relevant Korean laws. Several core elements for the regime are discussed. These are (1) scope of the rules and procedures; (2) channeling of liability; (3) legal standing; (4) definition of damage; (5) standard of care; (6) ancillary sources of compensation; (7) limitation of liability; (8) financial guarantees; and (9) mutual recognition and enforcement of judgments. Establishing an adequate domestic liability and compensation scheme will be one of the most important mechanisms not only to comply the Protocol but to ensure safety of Living Modified Organisms (LMOs) in general. Current laws and regulations in Korea, including some environmental laws and product liability laws, are not well equipped to deal with the liability and compensation of the LMOs. Special law or the general environmental liability law must be legislated to address this issue.