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(영문) 서울고등법원 2013.10.25 2012누22616

줄기세포주등록반려처분취소

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

On September 6, 2010, the Defendant claimed the claim against the Plaintiff.

Reasons

1. The following facts of the disposition may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 and 2.

Under Article 47 (1) of the former Bioethics and Safety Act (wholly amended by Act No. 11250, Feb. 1, 2012; hereinafter “former Bioethics Act”) and Article 19-2 (1) 3 of the Enforcement Decree of the Bioethics Act, the name of the Ministry of Health and Welfare (the Ministry of Health and Welfare, as the Ministry of Health and Welfare, on March 19, 2010; hereinafter “the Ministry of Health and Welfare”) delegated by the Ministry of Health and Welfare pursuant to Article 47 (1) of the former Bioethics Act (wholly amended by Act No. 11250, Feb. 1, 2012; hereinafter “former Bioethics Act”) was amended, and the term “Bioethics Act” was restructuring to the Ministry of Health and Welfare pursuant to Article 19-2 (1) 3 of the Enforcement Decree of the Bioethics Act.

(No. 10 of current Bioethics Act), which is responsible for the registration of Bioethics Act.

B. On May 29, 2010, the Plaintiff is also called “D stem cell line” to the effect that the Plaintiff is a stem cell line first established through the method of inserting human body cells into the ovum in which the Plaintiff’s research team of “B” stem cell line was removed as a person in charge of research on April 2003.

(hereinafter “instant stem cell line”) filed an application for registration of stem cell lines under Article 20-2 of the amended Bioethics Act (hereinafter “instant application for registration”).

Return Reasons: ① Ethical problems that are inappropriate for registration due to ethical problems: Ethical problems in the course of ovum supply and demand used to establish the cell owner. ② Scientific problems are revealed in the preceding investigation (the report of the Investigative Committee of the Seoul University University and the report of the National Bioethics Committee). According to the report of the Seoul Investigative Committee and the data known until now, the cell owner is the body.