나고야의정서상 유전자원 이용국의 이행법률 분석 및 시사점 -유럽연합의 ABS 규칙/시행령/안내서를 중심으로-

초록

Representing the user countries of genetic resources and associated traditional knowledge, the European Union's ABS system, including 2014 ABS Regulation, 2015 Commission Implementing Regulation, and 2016 ABS Guidance has provided a significant influences to those of other user counties, including Republic of Korea, Japan, Switzerland, etc. Especially, EU ABS system has steered the course of legislative action in the ambiguous issues, including the material, geographical, and temporal scope of Nagoya Protocol, definition of traditional knowledge associated genetic resources, personal scope, etc. The distinctive features of EU ABS system which can be considered most advantageous to the other user countries would be that it provides the specific obligations with which users of foreign genetic resources and associated traditional knowledge within EU must comply in accordance with the provisions of Nagoya Protocol, so called "due diligence obligation." The ABS Regulation provides also for some additional measures which the Commission must adopt by way of implementing act(s). Subsequently, 2015 Commission Implementing Regulation (EU) was adopted for the register of collections, monitoring user compliance and best practices was adopted. Most recently, despite its non-binding nature, the 2016 ABS Guidance was released to provide information on certain aspects of the relevant EU legislation which can assist citizens, businesses and national authorities in the application of the EU ABS Regulation and the Implementing Regulation. Taking the keen eye on the formulation process of EU's ABS system, the Act and its Decree on Access, Utilization and Benefit-sharing of Genetic Resources of Republic of Korea has followed the EU ABS aspects in many and core obligations under Nagoya Protocol. However, some poor understanding of Nagoya Protocol and EU ABS system has revealed some critical errors and mistakes in the Korea's ABS laws which should be amended in the near future.

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