Korea’s Access and Benefit Sharing Regime: The Nagoya Protocol, Domestic Legislation, and Future Steps

다국어 초록 (Multilingual Abstract)

The Nagoya Protocol on access and benefit sharing of biological genetic resources is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS).




This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law.

다국어 초록 (Multilingual Abstract)

The Nagoya Protocol on access and benefit sharing of biological genetic resources is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS).


This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law.

참고문헌 (Reference)

1 이현우, "한국 생물다양성정책의 현상과 대응방향" 비교법학연구소 9 : 11-36, 2012

2 박원석, "생물다양성협약상 전통지식 보호를 위한 논의동향 - 전통지식에 대한 접근, 이익 공유 그리고 무단 접근의 보고 및 예방을 위한 지침을 중심으로 -" 중앙법학회 18 (18): 159-184, 2016

3 손지영, "나고야의정서와 한국의 유전자원 관련 전통지식 보호 전략" 한국지식재산연구원 11 (11): 95-132, 2016

4 박종원, "나고야의정서 국내이행을 위한 한국의 입법추진동향과 과제" 한국환경법학회 37 (37): 67-112, 2015

5 이상준, "나고야의정서 국내이행을 위한 국내 유전자원 접근 신고에 대한 소고" 한국환경법학회 38 (38): 295-324, 2016

6 이창열, "나고야 의정서 이행과 관련한 법적 쟁점" 법학연구원 29 (29): 61-84, 2017

7 Kemal Baslar, "The Concept of the common Heritage of Mankind in International Law" 1998

8 "Public announcement of Ministry of Environment No. 2010-204, Announcement of establishment proposal for Act on the Conservation and Use of Biological Diversity" Ministry of Environment

9 Department of agriculture Ireland, "Marine resources and the bioeconomy" Department of Agriculture

10 IckJune, "Legal Issues on Biodiversity Conservation in Korea" 2 : 91-, 2013

11 National Institute of Biological Resources, "A study on information management of Access and Benefit Sharing of Genetic Resources: the 1st year" 19-, 2016

12 Park, Su-Jin, "A Study on the Reorganization for the Legal System of Marine and Fisheries Bio Resources" Korea Maritime Institute 2013