고위험병원체 관련 범죄에 대한 형사입법 고찰

Abstract

The development of Weapons of Mass Destruction such as biologic and chemical weapons have the potential to create mass casualty and public panic. They represent an existing and growing security and safety risk for all the citizens of the world. Biologic agents are more deadly on a compound-per-weight basis than chemical agents. Biological agent attacks have a slower course, but have the greatest potential impact for casualties by weapon size and cost. This research to reflect these situations try to show the direction of establishing the legislative system which set up the management system of infectious substances such as biologic agents. We made an effort to establish some guidelines regarding possession, use and transfer of viruses, bacteria, and toxin, and we tried to show the direction of establishing the legal system which is designed to protect public health and to support biosafety and biosecurity. Public Health Law and Criminal Law enpowers the government to fulfil its legal and moral obligation to assure the health and safety of the population. In the context of the bioterrorism and hazard selected agents, criminal law can deter the production and use of the biological weapons, potentially need to control the spread of disease and protect public health. Previously we recognized the need to reduce public health hazards and to reduce the threat of social disruption through incidents related to biological agents. Now, we have to make revisions to the Criminal Law for crimes related to selected agents such as biological agents and toxins and draw up necessary legislative measures on the committing mayhem.