동물의 민법상 지위에 관한 고찰

According to the results of recent government investigations, it can be seen that the ambiguity of animals and the public’s awareness of animal welfare are increasing. Accordingly, amendments to the civil law to change the legal status of animals have been continuously proposed, but on the other hand, there are criticisms that social consensus on the revision of the law has not been reached or legislation is being promoted in a hurry. In order to see whether it is appropriate to change the legal status of animals under civil law, the legal status of animals under the current legal system was first examined. Under the current civil law, animals must be viewed as objects, and there are conceptual provisions on animals and companion animals in the Animal Protection Act, but there is no separate provision on the legal status of animals, so animals are treated as objects under the current legal system. Next, to examine the immateriality of animals, foreign legislation and domestic discussions were examined. Germany, Austria, and Switzerland stipulated in the civil law that animals are not objects, but do not give animals legal personality, and confirmed that French legislation that animals are creatures with sensitivity is more active. There is a confrontation between the pros and cons of whether animals are objects in domestic discussions, but in general, it is the opinion of the majority that it is difficult to recognize the immateriality of animals but to give animals the rights enjoyed by humans. In light of the discussions so far and the social environment, it is not desirable to treat animals as objects. However, even if it is admitted that animals are not objects, it is necessary to be careful to give them a separate legal personality. Finally, if a new provision for the non-objectification of animals is established under the Civil Act, the following considerations were examined in the order of a clear definition of the concept of animals and pets under the Civil Execution Act, the addition of pets to the prohibition of foreclosure under the Civil Execution Act, the criteria for attribution of pets in case of divorce, the difficulty of applying property damage under the Criminal Act, and the need to amend the Criminal Act. In conclusion, the establishment of a new regulation on the de-objectification of animals under civil law is expected to lead to the enactment and amendment of individual laws, so that the regulation can serve as a kind of basic provision in terms of animal protection and animal welfare.