민법 제759조 동물점유자 책임에 관한 연구

Recently, the legal status of animals has been enhanced, and courts also recognize the right of owners of animals that have suffered harm in accidents to claim realistic damages beyond the market value of the animal. In cases where animals that lack rational judgment cause harm to other animals or humans, it is believed that legislation is needed to provide robust protection for the victims and impose strict liability on the owners. In the laws of each state in the United States, which are being implemented in relation to dog-related accidents, specific administrative laws and laws on liability for damages are commonly used, explicitly designating the dog owner as the primary responsible party in case of accidents caused by the dog. On the other hand, Article 759 of our Civil Act not only fails to explicitly recognize the responsibility of animal owners, but also weakens the protection of victims by stipulating a somewhat ambiguous exemption clause that states "when the necessary precautions for the custody of the animal according to its species and nature have not been taken.“ Therefore, it is necessary to revise Article 759 of the Civil Act to include the owners of animals as the subject of liability for damages and to provide an exemption for cases where there is significant negligence on the part of the other party, such as harassing or provoking the animal. According to the current Animal Protection Act, dogs or companion animals raised in households are designated as animals subject to registration. And the owner is obligated to register with the relevant authorities and must also report any changes that occur in the registration information. I believe that explicitly stating the owner's responsibilities and encouraging dog owners to have liability insurance, even if they do not fall under the category of "dangerous dogs," can be an effective measure for preventing accidents caused by animals and providing swift remedies for damages.