Animal Protection Law 2007

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

Korea’s Animal Protection Law

2007 Version – The following revision to the Animal Protection Law was passed on January 26th, 2007 and goes into effect following a one-year-grace period. The revision is a vast improvement over the original, working not only to amend and strengthen existing legislation, but also adding new legislation to address and manage stray animals, introduce “Animal Protection Wardens” and animal protection facilities, and regulations for pet stores and other retailers.

Please note that this document has been translated from Korean by a volunteer rather than a bilingual lawyer. It is not final and may be subject to further revision.

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 Forestry.
  2. “Registration Subjected Animal” means an animal that is deemed to require registration in order to supervise disease and to prevent any harm towards public health.
  3. “Owner or Caretaker” means a person who owns an animal or a person dedicated to raising, supervising and protecting animal in place of the owner.

 

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ARTICLE 3. PROTECTION OF ANIMALS
In keeping, caring and protecting of animals, everyone should recognize the dignity and value of animals’ lives and 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. Federal government must establish and enforce a comprehensive policy for the appropriate protection and supervision of animals, and local government must cooperate with the federal policy to establish and enforce a comprehensive policy for the appropriate protection and supervision of animals within its jurisdiction.
  2. The Minister of Agriculture and Forestry 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.
  3. The Minister of Agriculture and Forestry may support for the public or civic organizations to conduct animal protection campaigns and other related activities when necessary by Article 4, Section 1.

 

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ARTICLE 5. REGISTRATION OF REGISTRATION SUBJECTED ANIMALS (RSA hereafter)

  1. The Mayor or Governor of the capitol city, metropolitan cities, or province, respectively (Mayor, Governor hereafter), can make the RSA’s owner register his animal with the Mayor, County Magistrate or District Chief (Mayor, County Magistrate hereafter) within their jurisdiction when deemed necessary for RSA’s protection and prevention of abandonment. However, if the RSA is being raised at a certain facility chosen by the department of agriculture and forestry and not at the owner’s address, he/she can register with the Mayor or Governor that governs the area where the facility is located.
  2. If there is a detail that has been decreed by the Ministry of Agriculture and Forestry among the Section that was registered in line with Section 1, it must be reported to Mayor or County Magistrate.
  3. Mayor or County Magistrate can make the person decreed by the Ministry of Agriculture and Forestry do the work in accordance with Section 1 in his/her place. In this case, commission could be paid accordingly.
  4. If under circumstances in which the owned RSA must be registered in accordance with Section 1, matters that involve the animal’s range, registration method, registration details, process and any other matters that are required for registration will be decided according to the regulations of the capitol city, metropolitan city, province or special self-governed province (City, Province hereafter).

 

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ARTICLE 6. 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.
  4. The animal’s Owner or Caretaker who is moving the animal out of the area in which it has been raised must attach an identification tag on the animal, and any animal without an identification tag will be considered abandoned
  5. When the animal’s Owner or Caretaker is going out with a RSA, he/she must take safety precautions according to the regulations set by the department of agriculture and forestry such as putting on a leash, and any excretions by the animal must be collected by the Owner or Caretaker.
  6. The Mayor or Governor, when deemed necessary for prevention of harm toward public health, can take necessary measures according to the law of the City or Province, such as having the animal get immunization shots, raising in special zones/locations only, or limiting entrance.
  7. Any other matters that are required for raising and supervising the animal must be decided by the decree of the Ministry of Agriculture and Forestry.

 

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ARTICLE 7. PROHIBITION OF MISTREATMENT OF ANIMALS

  1. No shall commit the following acts toward animals
    1. Act of killing by brutal methods, such as hanging
    2. Act of Killing in public or in other animal’s presence
    3. Any other act of killing without valid reason set by the Ministry of Agriculture and Forestry
  2. No one shall commit the following abusive acts toward animals
    1. Act of harming an animal with instrument or substance. However, this is permitted in certain circumstances that have been approved by the Ministry of Agriculture and Forestry, such as preventing or curing disease.
    2. Act of harming an animal’s body, extracting bodily fluids or installing devices to extract bodily fluids while it is alive. However, this is permitted in certain circumstances that have been approved by the Minstry of Agriculture and Forestry, such as preventing or curing disease.
    3. Act of harming an animal for the purpose of gambling, advertisement, entertainment, or amusement. However, there are exceptions, such as traditional games, set by the Ministry of Agriculture and Forestry.
    4. Any other act of harming without valid reason set by the department of agriculture and forestry, such as: a need for veterinary treatment or damages to a person’s life, body, or property by the animal.
  3. No one shall capture and sell or kill any animal that is protected under Article 9, Section 1 (including animals under protection). However, if there are any exceptions approved by the Ministry of Agriculture and Forestry, it must be carried out in humane manner.
  4. The Owner or Caretaker of an animal shall not abandon his/her animal.

 

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ARTICLE 8. TRANSPORTATION OF ANIMALS

  1. Anyone transporting animals that has been selected by the Ministry of Agriculture and Forestry must make effort to abide by the following:
    1. Ensure that the animals are properly fed, watered and drive carefully so that animals are not shocked or harmed from sudden departures or stops.
    2. The vehicle used for transportation must be built to prevent any harm during transportation, sudden change in temperature, and to minimize any pain due to dyspnea.
    3. When transporting an old, young, pregnant animal or an animal with its offspring that still needs milk, efforts shall be made so that they will not be harmed by other animals, such as screening them off from other animals.
  2. The Minister of Agriculture and Forestry can set the standards for the equipment and the structure of transportation vehicle in accordance with Article 1, Section 2 and promote usage of vehicles that match the standards.
  3. The Minister of Agriculture and Forestry can make decisions on any other matters required for animal transportation and promote them.

 

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ARTICLE 9. MANAGEMENT OF ABANDONED ANIMALS

  1. When the Mayor or 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 Section 1.
  3. In the case of when the authority can not identify the owner or caretaker of the animal after a period of 10 days posting a public notice in accordance with Section 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 or County Magistrate can donate or sell the animal of the City or County in accordance with Section 3 to a zoo, an animal enthusiast (limited to those who fulfill the requisites set by the City or County) or a private organization selected by the Presidential decree.
  5. The Mayor or County Magistrate may collect expense incurred for the Protective Measures from the Owner or Caretaker of such animal.
  6. Any required matters regarding the methods of Protective Measures in accordance with the Section 1, calculation of expenditures in accordance with Section 5 and other Protective Measures will be governed by the law of the City or Province.

 

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ARTICLE 10. ESTABLISHMENT OF PROTECTION FACILITIES

  1. The City or Governor must establish and operate a protection facility that meets the standards set by the Ministry of Agriculture and Forestry (Protection Facility hereafter) or secure a Protection Facility to which they can entrust protection measures (Trusted Protection Facility hereafter).
  2. If the City or Governor entrusts a portion of his/her authority to the Mayor or County Magistrate in accordance with Article 23, Section 2, he/she can provide the necessary expenses.
  3. The Minister of Agriculture and Forestry can provide the expenses required for the establishment and operation of a Protection Facility.

 

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ARTICLE 11. METHODS OF SLAUGHTERING ANIMALS

  1. When slaughtering an animal in accordance with the “Law on Livestock Slaughtering” or the “Law on Livestock Disease Prevention,” the methods selected by the Ministry of Agriculture and Forestry must be used to minimize pain, such as the gas or electrocution method.
  2. If an animal must be killed under a different circumstance than that of Section 1, a method that minimizes pain must be used.

 

ARTICLE 12. SURGERY ON ANIMALS
Surgery on animals such as castration, de-horning and docking tails must follow veterinary methods.

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ARTICLE 13. EXPERIMENTS WITH ANIMALS

  1. Animal experimentation must be done after considering the advancement of mankind’s prosperity and the dignity of animal life.
  2. When wishing to perform experiments with animals, substitute methods must be considered preferentially.
  3. Experiments with animals must be performed by someone who possesses knowledge and experience in the ethical handling and scientific usage of the animals used in experimentation (experimental animals hereafter), and only the minimum of the required amount of animals must be used.
  4. Animals with low touch sensitiviy must be used for experiments involving pain, and appropriate measures must be taken to lessen the pain, using veterinary methods such as usage of analgesics, sedatives and anethetics.
  5. A person who has conducted experiments with animals 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 the most painless way possible.
  6. No one shall perform the following experiments with animals. However, this is not the case when the Ministry of Agriculture and Forestry has deemed the experiment necessary for an exceptional reason such as to conduct research on the species’ health and disease.
    1. Experimentation on abandoned animals.
    2. Experimentation on animals that have served humans, such as Seeing Eye dogs or guide dogs.

 

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ARTICLE 14. ESTABLISHMENT OF ANIMAL EXPERIMENTATION ETHICS COMMITTEE

  1. An Animal Experimentation Ethics Committee (Committee hereafter) must be established in the animal experimentation facilities approved by the presidential decree in order to oversee the protection and ethical treatment of experimental animals.
  2. The committee will be comprised of 1 chairman of the committee and 3 to 15 members of the Committee, but at least one-third of the members must meet the criteria below, and must not be a worker from the experimentation facility or be affiliated with it. However, there must be at least one person each for paragraph 1 and paragraph 2.
    1. A veterinarian that follows Article 2, Section 1 of the “Veterinary Law.”
    2. A person who is very learned and experienced in animal protection, recommended by the private organization selected by presidential decree and who meets the criteria set by the Ministry of Agriculture and Forestry.
    3. A lawyer; or a professor that teaches law at one of the “higher education” institutions.
    4. A professor that is in charge of animal protection and welfare at one of the “higher education” institutions.
  3. Members of the Committee are to be appointed by the president of the animal experimentation facility, and the chairperson is to be elected from amongst the members.
  4. A member that is taking part in the study, development or utilization that is being reviewed by the Committee may not take part in that review, or any other reviews involving that study, development or utilization.
  5. The Committee will direct animal experimentation so that it will be carried out in accordance with Article 13, and can request that the operator or worker of the experimentation facility take necessary measures for the protection and ethical treatment of experimental animals.
  6. A member of the Committee must not disclose or fraudulently use the information learned during his duty.
  7. Any matter that involves the committee’s structure and management aside from the direction methods from Section 5 will be decided on by the presidential decree.

 

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ARTICLE 15. REGISTRATION OF ANIMAL RETAILER AND UNDERTAKER

  1. Anyone who wishes to do business in producing, importing and selling the animals approved by the Ministry of Agriculture and Forestry with intent to sell (Animal Retailer hereafter) must register with the Mayor or County Magistrate in accordance with the Ministry of Agriculture and Forestry’s decision.
  2. Anyone who wishes to do business in establishing or operating funeral parlors, crematories or charnel houses for animals (Animal Undertaker hereafter) must register with the Mayor or County Magistrate.
  3. Anyone who wishes to register in accordance with Section 1 or Section 2 must possess the facilities and the manpower required by the Ministry of Agriculture and Forestry in order to protect the animals and prevent harm to public health.
  4. If anyone who has registered in accordance with Section 1 or Section 2 wishes to suspend, reopen, close the business or alter the registration details that have been approved by the Ministry of Agriculture and Forestry, he/she must register with the Mayor or County Magistrate in accordance with the Ministry of Agriculture and Forestry’s decision.
  5. If one of the following applies, one cannot register in accordance with Section 1 or Section 2.
    1. If one does not meet the criteria mentioned in Section 3.
    2. If the person who wishes to register is underage/quasi-incompetent or incompetent (if it is a corporation, the staff is included. The rest is the same as this Section).
    3. If less than one year has passedsince the person’s registration was cancelled in accordance with Section 21, secton 1 (if it is a corporation, the head of the corporation is included) and he/she wishes to register for the same business as the one that was cancelled.
    4. If less than one year has passed since the person who wishes to register received a fine.
  6. One cannot establish an animal burial facility in an area that falls under Article 15 of the “Burial Laws.”

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ARTICLE 16. MATTERS TO ABIDE BY

  1. An Animal Retailer that has registered in accordance with Article 15, Section 1 must abide by the rules of animal retailing set by the Ministry of Agriculture and Forestry.
  2. An Animal Undertaker that has registered in accordance with Article 15, Section 2 must abide by the rules on establishment and operation of animal burial facilities set by the Ministry of Agriculture and Forestry.

 

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ARTICLE 17. EDUCATION

  1. Animal Retailers and Animal Undertakers that have been registered by the Ministry of Agriculture and Forestry and the people that have been hired by them (Employees hereafter) must be educated on animal protection and measures to be taken for prevention of harm to public health.
  2. Animal Retailers or Animal Undertakers must take necessary measures to ensure that the employees are educated in accordance with Section 1.
  3. All matters related to facilities that educate in accordance with Section 1 and Section 2, the content, expense and the payment for education are decided by the decree of the Ministry of Agriculture and Forestry.

 

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ARTICLE 18. LIMITS OF APPLICATION

Section 1 and 2 of Article 7 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. If taking a necessary measure to protect, care for, or treat wounds of animals categorized as “natural treasures” in accordance with the “Cultural Properties Protection Law”
  4. 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 19. ANIMAL PROTECTION WARDEN

  1. The Minister of Agriculture and Forestry, Mayor or Governor and Mayor or County Magistrate must appoint an animal protection warden in order to manage the work related to animal protection.
  2. The Minister of Agriculture and Forestry, Mayor or Governor and Mayor or County Magistrate can appoint a person recommended by a private organization approved by presidential decree, or a person who is well learned and experienced in animal protection as the animal protection warden, for surveillance of animal abuse and rescue/protection of the abused animals.
  3. Qualifications and appointment of the animal protection warden and the animal protection honorary warden, and other related matters required are approved by presidential decree.
  4. When the animal protection warden or the animal protection honorary warden are carrying out his/her duties in accordance with Section 3, no one may reject, interfere or evade enforcement unless there is a special circumstance necessary for treatment of disease or giving birth to young.
  5. An animal protection warden who has received a report on animal abuse can take the necessary measures, isolating the abused animal from the abuser and taking it to an animal protection facility or taking it to a medical treatment facility if the wounds need treatment.

 

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ARTICLE 20. ENTRY/INSPECTION

  1. If the Minister of Agriculture and Forestry, Mayor or Governor and Mayor or County Magistrate deem that the Owner or Caretaker might be abusing the animal, breaking the law or posing a danger of harm to public health, they can take the following actions against the Owner or Caretaker.
    1. Request for the animal’s current status, the actual condition of management, and other required materials
    2. Enter and inspect the place where the animal is located.
    3. Issue a correction order from the Ministry of Agriculture and Forestry to halt animal abuse, devise a measure to prevent harm, etc.
  2. When the Minister of Agriculture and Forestry, Mayor or Governor or Mayor or County Magistrate are planning to enter and inspect a place according to Section 1.2, they must first notify the subject 7 days prior to entry/inspection and include the details listed below. However, if it is accepted that an advanced notice will deter the success of the operation, they can notify the subject at the time of entry/inspection.
    1. Reason for entry/inspection
    2. Date and location of entry/inspection
    3. Name and rank of the government official
    4. The range of entry/inspection and content
    5. Materials to submit

 

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ARTICLE 21. CANCELLATION OF REGISTRATION

  1. The Mayor or County Magistrate can cancel the registration of an animal retailer or opt to partially or totally halt the business for a six-month period for violations listed below by decree of the Ministry of Agriculture and Forestry. However, in the case of a violation of paragraph 1, the registration must be cancelled.
    1. If it is proven that the registration was done by fabrication or other unlawful means.
    2. If one violates Article 7, Section 1 or Section 2, carrying out abusive acts against animals.
    3. If one has not yet opened the business within one year of the registration date.
    4. If one has failed to meet the criteria mentioned in Article 15, Section 3.
    5. If one has not reported the suspension, reopening, or closing of the business or has not reported the alteration of registration details in accordance with Article 15, Section 4.
    6. If one has failed to follow the orders mentioned in Article 20, Section 1.
  2. The Mayor or County Magistrate must carry out a hearing if he/she wishes to cancel the registration in accordance with Section 1.

 

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ARTICLE 22. FEES 
The Mayor or Country Magistrate can collect fees from the person who wishes to submit one of the following registrations in accordance with the city/province’s rules

  1. Animal registration in accordance with Article 5.
  2. Animal retailing/undertaking registration or report of alteration of registration details.

 

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ARTICLE 23. ENTRUSTMENT OF AUTHORITY

  1. The Minister of Agriculture and Forestry can entrust a part of the authority given to him by this law to the head of an affiliated organization or the Mayor or Governor, in accordance with the decision made by presidential decree.
  2. The Mayor or Governor can entrust a part of the authority given to him by Article 10, Section 1 to the Mayor or County Magistrate in accordance with the law.

 

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ARTICLE 24. MAINTENANCE OF MATERIALS AND RELEASE OF INFORMATION
The Minister of Agriculture and Forestry must gather and analyze the following information and materials, and release the information on a yearly basis.

  1. Matters regarding animal registration done in accordance with Article 5.
  2. Matters regarding abandoned animals, Protection Facilities and Trusted Protection Facilities in line with Article 9 and 10.
  3. Matters regarding Animal Experimentation Ethics Committees’ operations in accordance with Article 14, and the realities of animal experimentation.
  4. Matters regarding the registration of Animal Retailers and Animal Undertakers done according to Article 15, and the realities of their operations

 

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ARTICLE 25. PUNISHMENT

  1. Anyone that falls under one of the following criterias will be fined up to 5 mllion won.
    1. Person who has violated Article 7, Section 1 or Section 3.
    2. Person who has violated Article 14, Section 6, disclosing or fraudulently using secret information
  2. Anyone who did not register according to Article 15, Section 1 or Section 2 and managed animal retailing/undertaking, or registered by means of fabrication or other illegal means, he/she will be fined up to 1 million won.
  3. Anyone who has violated Article 13, Section 6 will be fined up to 100 thousand won.

 

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ARTICLE 26. FINES

  1. Anyone who falls under one of the following criterias will be fined up to 500,000 Won
    1. Person who has violated Article 7, Section 4, abandoning an animal
    2. The head of animal experimentation facility which has not established an animal experimentation ethics committee according to Article 14, Section 1.
    3. Person who has not received education according to Article 17 without a valid reason.
    4. Person who has violated Article 19, Section 4, rejecting, interfering or evading the animal protection warden or animal protection honorary warden in his/her line of duty.
    5. Person who has not complied with the request for materials in accordance with Article 20, Section 1.1 or person who has submitted fabricated materials.
    6. Person who has rejected, interfered or evaded the entry/search done in accordance with Article 20, Section 1.2.
    7. Person who has not carried out the correction orders given in accordance with Article 20, Section 1.3.
  2. Anyone who falls under one of the following criterias will be fined up to 300 thousand won.
    1. Person who has violated Article 6, Section 4, failing to attach an identification tag.
    2. Person who has violated Article 6, Section 5, failing to take safety precautions or failing to clean up the excrements.
  3. The fines that fall under Section 1 and Section 2 will be imposed/collected by the Minister of Agriculture and Forestry, Mayor or Governor or Mayor or County Magistrate (board of punishment hereafter) in accordance with the presidential decree
  4. If one wishes to appeal for a fine sentence given in accordance with Section 3, he/she can file an appeal within 30 days following the notice.
  5. If one who has received a fine sentence has filed an appeal in accordance with Article 4, the board of punishment must report it to the competent court, and the competent court that has received that report carries out a trial in accordance with the “Nonlitigation Procedure Law.”
  6. If an appeal is not filed within the 30-day perod given in accordance with Section 4, it will be collected in the manner of federal or local tax collection.
  7. Up to 300 thousand won of fine may be imposed for violation of the rules that are in accordance with Article 5, Section 4 or Article 6, Section 6.

 

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BYLAWS

  1. (Date of enforcement) This law will take effect 1 year after proclamation.
  2. (Interim measures regarding the application of punishment) As for the punishments for actions prior to the date of enforcement, previous law will be applied.
  3. (Revision of other law) Part of the “Laws on Traditional Bull Fighting ” will be revised as follows: Article 4, Section 1-“Article 6, Section 2.12 (applies to violation of Article 6, Section 2)” will be revised as “Article 7, Section 2.25 (applies to violation of Article 7, Section 2).

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