동물보호법의 실효성 강화를 위한 벌칙 규정 연구 - 법률 내 인명피해 처벌 규정의 분석과 개선 방안을 중심으로 -

This study analyzes the necessity of penal provisions related to human death and bodily injury within the Animal Protection Act, as part of efforts to enhance the Act’s overall effectiveness. By examining the structure of these provisions, as well as the legislative context at the time of enactment and relevant lower court rulings, the study finds that the necessity of such provisions is ambiguous. Their inclusion raises concerns about the potential for arbitrary prosecution and interpretive uncertainty—particularly regarding whether the law penalizes only intentional violations of duty or also extends to negligent ones. The study also notes the possibility that the existence of these provisions could impose an undue burden on the duties of animal protection officers. In light of these findings, this study proposes the removal of the penal provisions concerning human harm from the Animal Protection Act, suggesting instead that such matters be addressed under the Criminal Act. Even if these provisions are considered to have independent legal value, a compromise is proposed whereby the relevant penalties are transferred to the Criminal Act rather than retained within the Animal Protection Act. Ultimately, the study argues that eliminating overlapping and potentially confusing legal provisions and establishing a clear, unified legal framework is a crucial step toward improving the effectiveness of the Animal Protection Act.