Animal Protection Law 1991

Reasons for Revision/Main Points | 1991 Version | 2007 Version | Related Laws

Korea’s Animal Protection Law

1991 Version – The following law was adopted on May 7th, 1991, though has only rarely been enforced. This version suffers from unclear language and ambiguous definitions of cruelty (see especially Articles 6 and 8), as well as an inadequate infrastructure for enforcing the law and imposing penalties. The law was later revised in 2007.

ARTICLE 1. PURPOSE
The purpose of this act is to provide the adequate protection and management of animals by preventing their mistreatment and to cultivate Korean peoples’ spirit to care for the animal’s lives and their safety and to respect animal’s lives.

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ARTICLE 2. DEFINITION
The terminology used in this act shall be defined as follows:

  1. “Animals” means cattle, horse, swine, dog, cat, rabbit, chicken, duck, goat, sheep, deer, fox, mink and other species as designated by the Minister of Agriculture and Fisheries.
  2. “Caretaker” means one who breeds, keeps and protects an animal for the owner of the animal.

 

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ARTICLE 3. PROTECTION OF ANIMALS
In keeping, caring and protecting of animals, everyone shall try, to the maximum extent possible, to preserve the animals’ natural habits and to guarantee their normal lives.

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ARTICLE 4. ANIMAL PROTECTION CAMPAIGN

  1. The Minister of Agriculture and fisheries may encourage public or civic organizations to conduct animal protection campaigns (hereinafter called “animal protection campaign”) and other related activities aimed at promoting the love of animals.
  2. The Minister of Agriculture may support for the public or civic organizations to conduct animal protection campaigns and other related activities when necessary by article 4, paragraph 1.

 

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ARTICLE 5. PROPER CARE, KEEP, RAISE AND MANAGEMENT

  1. Efforts shall be made to ensure that animals are properly fed, watered and exercised and that they receive adequate rest and sleep.
  2. Sick or injured animals shall receive necessary and immediate attention from the owner or caretaker of the animal.
  3. Those caring for wild animals or for animals, who are being moved, shall try to take all necessary steps to allow wild animals to accommodate themselves to their new environment by the owner or caretaker of the animal.

 

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ARTICLE 6. PROHIBITION OF MISTREATMENT OF ANIMALS

  1. No one shall kill animals in a way which is cruel or which provokes disgust without proper, rational reason.
  2. Animals shall not be subject to the infliction of unnecessary pain or injury without proper, rational reason.

 

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ARTICLE 7. MANAGEMENT OF ABANDONED ANIMALS

  1. When the Mayor, County Magistrate or District Chief (hereinafter Mayor, County Magistrate) finds a wandering or abandoned animal in a public place, such as street or a park, the administrative authority shall take all the necessary measures to protect or manage (hereinafter “Protective Measures”) such animal in accordance with the provisions set forth in article 5.
  2. The Mayor or County Magistrate shall take necessary steps, such as porting a public to inform the owner or the caretaker of the fact that his animal is subject to Protective Measures in accordance with the paragraph 1.
  3. In the case of when the authority can not identify the owner or caretaker of the animal after one month of period of posting a public notice in accordance with the Paragraph 2 and in spite of the Article 253 of the CIVIL LAW, then the related City, County or Self governing Ku (hereinafter City, County) will have the right to own the animal.
  4. Mayor, County Magistrate can donate the animal of the City or County in accordance with the Paragraph 3 to the animal lovers, animal welfare groups, zoo or scientific research centers.
  5. The Mayor or County Magistrate may collect expense incurred for the Protective Measures form the owner of the caretaker of such animal.
  6. Method of the Protective Measures in accordance with the Paragraph 1, expenditure of the Paragraph 5 and other Protective Measures will be governed by Seoul City, Direct-Controlled Cities or Provinces’ their own provisions.

 

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ARTICLE 8. METHODS OF SLAUGHTERING ANIMALS
When all animals have to be slaughtered with proper rational reason, to the maximum extent possible using methods without pain.

ARTICLE 9. SURGERY ON ANIMALS
Surgery on animals such as castration, de-horning and docking tails shall follow veterinary methods.

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ARTICLE 10. EXPERIMENTS WITH ANIMALS

  1. Experiments using animals for educational reasons, academic research, and for other scientific study purposes, shall, to the maximum extent possible, utilize methods that cause no pain to the subject animals.
  2. A person who has conducted experiment described in the foregoing Paragraph 1. shall inspect the subject animals immediately after the conclusion of the experiments and if the animals will suffer lasting pain or be unviable, then such animals shall be put to death in a merciful way as soon as possible.

 

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ARTICLE 11. LIMIT OF APPLICATION
Paragraph 1 and 2 of Article 6 shall not apply in any of the following cases:

  1. Slaughtering of animals for human consumption in accordance with the Livestock Product Sanitation and Inspection Act.
  2. Hunting in accordance with the Wildlife Protection and Hunting Act.
  3. Slaughtering animal for the use of fur or leather and other industrial purposes.
  4. Without slaughtering animal for collecting horns and blood for the use of medicine and other industrial purposes.
  5. Measures taken to prevent the damage to property, harm to human life caused by animal.
  6. Other cases determined by the Minister of Agriculture to be inappropriate for coverage by the Paragraph 1 and 2 of Article 6.

 

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ARTICLE 12. CRIMINAL FINE
Anyone who maltreats animals in violation of Article 6 shall be subject to a fine of up to 200,000 won or detention.

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ADDENDUM
This Act shall come into effect after one month as of the date of its promulgation.

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