동물소유자책임 강화와 배상책임보험의 효용

Article 759 of our Civil Law does not directly recognize the liability of animal owners, but rather stipulates that the responsibility for compensation lies with the possessor of the animal or the custodian who surpasses the possessor. Therefore, under the current law, indirect possessors of animals are considered exempt from liability under Article 759, although they may be held liable for illegal acts under Article 750 of the Civil Law. This interpretation leaves the victims vulnerable. It is presumed that the legislator intended to hold the person who directly possesses and controls the animal at the time of the accident and has a duty to take safety measures responsible, rather than engaging in disputes over who the true owner is. However, with the recent spread of animal adoption culture and a rapid increase in pet households, particularly with regard to pet dogs that are required to be registered and managed under the Animal Protection Act, it is believed that a revision is necessary to strengthen the responsibility of animal owners. Additionally, it is considered an opportune time to actively consider the mandatory implementation of liability insurance for all pet dogs as a means of compensating victims. In this article, by comparing and analyzing the legal system in the United States, where the compensation liability system has been developed, we aim to confirm the validity of amending the Civil Law to strengthen the responsibility of animal owners and present the utility of animal liability insurance.