"Animals Are Not Objects"... Ministry of Justice Recognizes Legal Status of Animals (Comprehensive)

Legislative Notice of Civil Law Amendment 'Animals Are Life'... Additional Bills Under Discussion Including Exclusion from Compulsory Execution

[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 had 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. A bill excluding companion animals from compulsory execution has already entered full-scale discussion.

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 begun the legislative notice process. 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, a broad social consensus has formed that animals should be protected and respected as living beings."

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

There have also been cases where companion animals became subjects of compulsory execution. This occurred 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" distinct from humans or objects. 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 revisions to the Animal Protection Act. A representative example is isolating and protecting animals from abusive owners. Furthermore, there is a possibility that the right to life or animal rights may be explicitly stated in the Constitution. The Ministry of Justice added that this amendment is meaningful as it opens the way for creating new laws.

However, the scope of animals mentioned in the amendment will be specified by referring to precedents and other sources. Under current law, only six types of companion animals are recognized according to enforcement rules, but discussions are underway on the premise that separate provisions are needed in the Civil Act to emphasize bonds. In addition, related legal provisions concerning cases where animals suffer damage or where animals owned by others are injured are also expected to change.

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, "It is expected that various and creative systems for animal protection and respect for life will be additionally proposed based on this provision."

Meanwhile, to prepare this bill, the Ministry of Justice referred to major overseas legislative examples from Germany, Austria, Switzerland, France, and others. They conducted research on the legal status of animals, held thesis competitions, consulted animal experts, and conducted public opinion surveys to broadly gather opinions from citizens and experts.

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