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A Study on the Legal Framework of Damages for Accidents in Companion Animal Travel - Focusing on the Structural Discrepancy in the Concept of “Property” under Civil and Commercial Law -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.487~519
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 9, 2026
  • Accepted : May 28, 2026
  • Published : May 31, 2026

Choi, Hyuck 1,  Joung Soon Hyoung 2

1광주대학교
2광주여자대학교

Accredited

ABSTRACT

This study aims to analyze how the concept of “property,” which is commonly presupposed in both the Korean Civil Act and Commercial Act, produces differences in liability structures and causes legal conflicts in relation to accidents occurring during pet-accompanying travel and accommodation use. As pet-friendly tourism and lodging services continue to expand, various disputes have emerged, including injury or death of companion animals, property damage to facilities, personal injury to third parties, and conflicts between companion animals. These disputes create a complex legal structure in which contractual liability, tort liability, and carrier liability intersect. The analysis demonstrates that the Korean Civil Act tends to apply a more flexible approach to damages by considering contractual relationships and specific circumstances, whereas the Korean Commercial Act treats companion animals as “cargo” or “objects of carriage,” thereby maintaining a restrictive liability structure centered on pecuniary damages. As a result, structurally inconsistent outcomes arise in similar or identical incidents, leading to differences in the scope of damages and allocation of liability. This inconsistency undermines legal stability and predictability. Furthermore, case law analysis reveals that Korean courts consistently assess companion animal disputes based on the premise of “property status,” limiting compensation primarily to market-value-based pecuniary damages. Consequently, the biological and emotional value of companion animals is not sufficiently reflected within the current legal framework. Comparative legal analysis further indicates that major foreign jurisdictions generally maintain the formal legal status of companion animals while gradually expanding the scope of recoverable damages through recognition of veterinary expenses and related costs. This suggests that meaningful victim relief may be achieved through interpretative and doctrinal adjustments without requiring an immediate and radical transformation of legal status. Accordingly, this study proposes several measures for establishing a liability framework more consistent with the realities of pet-accompanying travel: (1) supplementary interpretation of the concept of “property,” (2) rationalization of standards for recognizing veterinary and incidental expenses, (3) institutionalization of standard contract terms and safety management standards, and (4) gradual legislative reform to enhance consistency between civil and commercial liability systems. This study is meaningful in that it systematically identifies the structural limitations of the “property” concept in evaluating damages and allocating liability in pet-related commercial activities, while also presenting multilayered approaches for harmonizing liability systems under the Korean Civil Act and Commercial Act.

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