"Animals Are Not Objects"... Ministry of Justice Pushes for Revision of Animals' Legal Status

Public Notice of Civil Law Amendment Bill Containing "Animals Are Life"... Expected Changes in Punishment and Compensation Levels for Animal Abuse and Harm

[Asia Economy Reporter Baek Kyunghwan] From now on, animals will be legally protected as "living beings" rather than "objects." This follows the Ministry of Justice's initiative to amend the Civil Act, which previously treated animals as "objects." If this bill passes, animals will gain a new status, and penalties for animal abuse crimes are expected to be strengthened.

On the 19th, the Ministry of Justice announced that it has prepared a draft amendment to the Civil Act stating that "animals are not objects" and has entered the legislative notice phase. Jeong Jaemin, Legal Affairs Officer at the Ministry of Justice, explained the purpose of the amendment, saying, "Considering the recent increase in households living with companion animals, there is a broad social consensus that animals should be protected and respected as living beings."

Currently, Article 98 of the Civil Act defines objects as "tangible things, electricity, and other natural forces that can be controlled," and animals have been treated as objects under tangible things. This is why, even when animal abuse occurred, it was often only recognized as property damage under criminal law.

There have even been cases where companion animals became subjects of compulsory execution. This happened not only during compulsory execution processes against animal hospitals but also when owners defaulted on debts.

The level of punishment for animal abuse has also been low. Violations of the Animal Protection Act can result in imprisonment of up to three years or a fine of up to 30 million won, but the actual prosecution rate has not exceeded half. Since the Animal Protection Act was enacted in 1991, cases where imprisonment was sentenced solely for animal abuse are rare, and there have been no cases where arrest warrants were issued for animal abuse crimes.

However, if this amendment passes, animals will have a "third status" that is neither human nor object. In the mid to long term, the level of punishment for animal abuse and compensation for animal damage is likely to change.

Legal circles also expect that granting animals a new status through the amendment of the Civil Act will accelerate efforts to specify regulations on animal abuse through amendments to the Animal Protection Act. A representative example is isolating and protecting animals from owners who commit animal abuse. Furthermore, there is a possibility that the right to life or animal rights may be explicitly stated in the Constitution.

Officer Jeong said, "Considering the status of the Civil Act as the fundamental law of the judiciary, the establishment of this provision will serve as an opportunity to expand the scope of social coexistence," and added, "We expect that various and creative systems for animal protection and respect for life can be additionally proposed based on this provision."

This content was produced with the assistance of AI translation services.