동물의 도덕적 지위와 기본권

The purpose of this study is to suggest that how animal protection regulations in the constitution of Republic of Korea should be reflected in terms of ethical view along with recent discussion of the constitutional reform. Because the existing Korea’s constitution has not had any kind of regulations for animals and been dealt with them as things. To suggest the moral status and basic rights of animals to constitution, this study will explore whether animals have moral status or not, and if so, how much level of moral status they have. First, it will scrutinize what kind of grounds the naturally accepted principle of equality has, then will apply it to animals. Through this procedure, it can establish the standards that which object human beings can consider ethically, and determine the animals’ moral status. Even though the animals’s moral status is determined, it can not warrant its law status. However, as the constitution had warranted aan argument and ban of discrimination of race and gender with consequence of ethical agreement that was based on moral status of human beings, to establish the animals’s moral status regardless of species can support to determine animals’ law status in the constitution and any other related regulations. With this consequence, this study recommend the Korea’s constitution should consider the fundamental rights of animals as “the nation should give an effort that animals can use their natural ability and be respected their own nature in their own life.”