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Characteristics of Japanese Organ Transplant Act

  • DONG-A LAW REVIEW
  • 2017, (76), pp.75-98
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : July 28, 2017
  • Accepted : August 30, 2017
  • Published : August 31, 2017

SONG YOUNGMIN 1

1동아대학교

Accredited

ABSTRACT

This thesis examined the problems of Japanese Transplant Act before revision and revisional account and main contents of Revised Japanese Transplant Act in 2009. The main contents of Revised Japanese Transplant Act in 2009 are as follows. ① The premise that organ harvesting took place for transplant in definition of body of the brain dead in Revised Transplant Act Clause 6.2 was deleted. ② Organ harvesting was practicable by the consent of the bereaved although there is no expression of will about organ donation and determining brain death by his/her own written consent in Revised Transplant Act Clause 6.1 and 6.3. ③ The expression of will about priority of the bereaved for organ donation was admitted by Revised Transplant Act Clause 6.2. ④ The central and local government should be active in public relations of transplant medicine and spread of knowledge by Revised Transplant Act Clause 17.2. ⑤ The government should take measures to prevent organ donation of abused child by newly legislated Additional Clause 5. From among these Revised Japanese Transplant Act, the problem of preventing organ transplant of abused child would make many suggestions to operate Transplant Act in Korea.

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