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(영문) 서울행정법원 2012.06.28 2010구합44221
줄기세포주등록반려처분취소
Text

1. The defendant's rejection of the application for registration of the stem cell line against the plaintiff on September 6, 2010 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Bioethics and Safety Act (hereinafter “Bioethics Act”) newly established Article 20-2 at the time of June 5, 2008 (Act No. 9100), and established a stem cell line registration system by providing that the person who established or imported a stem cell line shall register the stem cell line with the Minister of Health and Welfare, as prescribed by the Ordinance of the Ministry of Health and Welfare, before providing the stem cell line pursuant to Article 20-3 of the Bioethics and Safety Act or using it pursuant to Article 20-4.

On the other hand, based on Article 47(1) of the Bioethics Act and Article 19-2(1)3 of the Enforcement Decree of the same Act, the defendant is in charge of the registration of the stem cell line as delegated by the Minister of Health and Welfare.

B. On May 29, 2010, the Plaintiff filed an application for registration of a stem cell line under the Bioethics Act (hereinafter “instant application for registration”) with respect to “B” established around April 2003 as a person in charge of research (as the name of a 2004 coar, and is called D stem cell line, and is called D stem cell line; hereinafter “instant stem cell line”).

C. On September 6, 2010, the Defendant rejected the instant application for registration for the following reasons (hereinafter “instant disposition”).

(hereinafter referred to as the "disposition in this case"). Reasons for rejection: Ethical problems - Ethical problems: Non-Ethical actions in the process of ovum supply and demand used to establish a cell owner are revealed in the preceding investigation (the report of the Seoul University Investigation Committee and the report of the National Bioethics Committee). Scientific problems are revealed: according to the Seoul Investigation Committee report and the data known until now, the cell owner is likely to be generated by parthenogenesis, not the somatic-cell nuclear transplantation.

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