New Civil Law Amendment Establishing "Animals Are Not Objects" Regulation Passes Cabinet Meeting
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The amendment to the Civil Act establishing the legal status of animals as not being objects, which had previously been treated as objects under civil law, has passed the Cabinet meeting.
Once this amendment passes the National Assembly, it will be possible to claim compensation for mental damages exceeding the exchange value (market price) when someone kills or injures a companion animal, and penalties for animal abuse will be strengthened, leading to overall changes in the legal system related to animals.
According to the Ministry of Justice on the 28th, the partial amendment to the Civil Act, which mainly establishes the legal status of animals, passed the Cabinet meeting on the same day.
The amended law changed the title of Chapter 4 of Part 1 of the Civil Act from 'Chapter 4 Objects' to 'Chapter 4 Objects and Animals.'
It also newly added Article 98-2 (Legal Status of Animals).
Paragraph 1 of the amended Article 98-2 declares that "Animals are not objects."
Paragraph 2 of the same article stipulates that "Unless otherwise provided by law, the provisions related to objects shall apply mutatis mutandis to animals."
The amendment also revised Paragraph 3 of Article 252 of the Civil Act, which regulates the ownership of ownerless objects, to state that "Wild animals shall be considered ownerless animals, and wild animals that were previously kept but return to the wild state shall also be considered ownerless animals."
The Ministry of Justice announced that it plans to submit this amendment to the National Assembly on the 1st of next month.
The Ministry of Justice explained the significance of this legal amendment, stating, "If the amendment passes the National Assembly, the level of punishment for animal abuse and compensation for animal damage will increase, and various creative proposals for respecting life will be presented, leading our society to become one that respects life itself, including animals."
Additionally, the Ministry of Justice added, "We plan to promote follow-up bills, including establishing the concept of companion animals under the Civil Act and prohibiting the seizure of companion animals, by gathering various opinions from the Sagong-ilga TF, related experts, and various sectors."
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The Sagong-ilga TF is an abbreviation for the "Task Force for Social Coexistence of Single-Person Households," launched earlier this year. The task force consists of 13 open civilian members with experience or interest in single-person household issues and 7 Ministry of Justice staff members, with Legal Affairs Officer Jeong Jae-min serving as the team leader.
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