장기이식에 관한 법률과 윤리 - 미국의 수여정책을 중심으로*

The Uniform Anatomical Gift Act mandates that the sole source of cadaver organs for transplantation is from any individual of sound mind and 18 years of age or more who prior to death, agree to contribute (or from the next-to-kin who agree to contribute the newly deceased's organ). It also mandates that the sole source of organs from living contributors is from voluntary contributors. Thus it respects contributors' autonomy. However, Section 274e of the U.S. Public Health Code makes it illegal for any person to knowingly acquire, receive, or therwise transfer any human organ for valuable consideration. Anyu one who violates this statue shall be fined not more than $50,000 or imprisoned not more than five years, or both. It seems that The Uniform Anatomical Gift Act and U.S. Public Health Code go in opposit direction. That is, the former allows 'gift,' one type of alienation; but the other forbids 'sale,' another type of alienation. I want to consider whether it reveals any serious defect.