동물의 지위에 대한 법정책적 담론 - 현행법상 동물의 보호와 동물복지를 중심으로 -

Since modern times, the legal status of animals through debate on animal welfare and animal rights will be one of the topics being actively discussed. The debate on the legal status of animals is divided depending on whether viewed as subject or object of the right to distinguish between the animals and things. Further discussion on animal welfare or animal protection is being addressed in various aspects, depending on a variety laws about the use and conservation of animals. In recent years, some countries, such as Germany, to make changes to the existing legal framework for the animal. So this article briefly summarized the debate about legal status of the animals in terms of legal and politic consideration related to animal welfare legislation. In addition, this article analyzes animal-related legislation in the current law system in Korea, and reviewed with respect to the issues and alternatives. The issue of protection or welfare of animals is legally seen a difference in how look at the status of the animal. However, within the current laws and systems that govern the animals as livestock, pets or inanimate things from the perspective of the protection and welfare of animals used is bound to possess a certain limit. As a result, looking at it from the perspective of animal gap between law and reality has been increasing. Thus it is necessary to refocus the effort to go the legal status of animals from a new perspective in terms of the utilization and welfare, and conservation of animals.