동물소유권 포기 - 동물 유기를 예방하기 위한 법정책적 제언과 함께 - = Abandonment of animal ownership- With legal policy suggestions to prevent animal abandonment -

다국어 초록 (Multilingual Abstract)

Animal owners, like ownership of other objects, can in principle give up their ownership, but abandonment of animal ownership can violate the Animal Protection Act, which was enacted to protect the life, guarantee safety, and promote welfare of animals, so animal owners will be allowed to give up animal ownership only if they do not pose a risk to the life or safety of animals by entrusting animals to individuals or acquiring them to local governments under the Animal Protection Act. However, in many cases, it is difficult to entrust domesticated animals to individuals, and the reasons for taking over after giving up ownership under the Animal Protection Act are quite limited, making it difficult to legally give up animal ownership. In order to improve the limitations of the animal ownership waiver system under the current law, the following measures are proposed.
First, under the current Animal Protection Act, whether or not animal abuse owners give up their animal ownership is left to their free will (refer to Article 43, No. 2 and 3 of the same Act), the freedom to give up ownership of animals that have abused their own animals should not be allowed. Rather, it is necessary to introduce the so-called "Animal Abuse Breeding Order System" that orders animal abuse owners to ban breeding, and at the same time revise the Animal Protection Act to allow the loss or deprivation of animal ownership.
Second, it is necessary to improve the system so that animal owners can legally give up animal ownership rather than animal abandonment by expanding the reasons for animal owners to give up animal ownership more than the current animal protection law. However, in order to prevent animal owners from easily giving up animal ownership, it will be necessary to limit requirements such as linking with the animal registration system, liability insurance system, and neutralization, limiting the number of animal ownership abandonment, imposing fees, and completing animal-related education.
Third, if it is difficult to accompany a registered companion animal due to an animal owner's trip, long-term business trip, or mourning, a plan is needed to activate a system that entrusts animals to animal consignment companies during the period. It is necessary to prepare a standard contract for animal consignment to clarify the obligations and responsibilities of the parties, and to clearly reorganize responsibilities in various problems that may arise during animal consignment in order to revitalize the animal consignment system.
Fourth, there is also an opinion that argues for the introduction of Compulsory Owner Liability Insurance (CHSI) to prevent animal abandonment and all related costs. In the case of financial reasons such as the burden of animal treatment costs, the risk of dog bites, and the possibility of civil damages among the reasons for the animal owner to give up animal ownership or abandonment of animals, liability insurance can alleviate the liability of the animal owner.