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Improvement of Laws and System for Post-processing of Companion Animals

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.143-168
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 2, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Choi, Hyuck 1,  Joung Soon Hyoung 1

1광주여자대학교

Accredited

ABSTRACT

The number of companion animals raised is increasing, and accordingly to the pet industry is also rapidly growing. However, it is pointed out that lack of mature culture and awareness related to companion animals is steadily emerging, and social problems caused by companion animals are constantly occurring. As one of the social problems, illegal activities such as burial and speculation are prevalent due to the lack of awareness of companion animals owner to dispose of animal carcasses. Accordingly, along with the increase in social costs, interest in systems, policies, and related laws for solving problems is increasing. The Animal Protection Act was enacted on May 31, 1991, and has been revised several times since the enactment of the Act to to promote animal protection and welfare and improve related systems (Act No. 18853, promulgated on April 26, 2022, and enforced on April 27, 2024). The enactment and continuous revision of the Animal Protection Act reflects efforts for harmonious coexistence between humans and animals and a change in social perception of the humanization of companion animals, which recognize companion animals as friends or family and treat them as the same people as humans. However, companion animals are treated as "stuff" in Articles 252 and 759 of the current Civil Act, and the carcasses of companion animals are classified and treated as "waste" in Article 2 (Definition) 1 of the Waste Management Act, which causes legal and institutional inadequacies in the post-treatment of companion animals to continue to be in social discord with public sentiment despite changes in society's overall perception of companion animals. In particular, lawful animal carcasses treatment, or post-treatment, has cremation at animal funeral companies, discharge using standard plastic garbage bags for household waste, and consignment of carcasses at animal hospitals. However, the animal burial company is not active because the requirements for registration of the animal burial business are strict, and it is difficult to select candidate sites because animal crematoriums are recognized as hate facilities, and even if they are selected, complaints may arise due to discord with residents. In addition, the discharge of companion animals that used to be like family members in standard bags for household waste disposal and consignment treatment of animal hospitals are not consistent with the emotions of the companion. Recognizing that companion animals are no longer treated as mere objects or waste that are inanimate, but as human partners, it is necessary to prepare systems and policies, revise and enact laws in accordance with them. Accordingly, this study decided to examine the details of the concept and legal status of companion animals, the status of post-treatment and legal problems, cases, and practically suggest alternatives for post-treatment of companion animals, with the main purpose of keeping in mind the system and law improvement measures for post-treatment of companion animals.

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