[Asia Economy Reporter Kim Choyoung] A court ruling has determined that even if a companion dog did not directly bite a passerby, the dog owner must compensate not only for medical expenses but also for mental damages if the passerby was injured due to being startled by the threat.
According to the Korea Legal Aid Corporation on the 4th, Judge Kim Choha of Changwon District Court ruled that the dog owner must pay approximately 5.6 million KRW in compensation, including medical expenses and consolation money, in a case where a leashed companion dog threatened a passerby causing injury.
Mr. A, residing in Changwon City, Gyeongnam Province, had tied his 8-year-old companion dog to a tree in front of an apartment flower bed and briefly left the spot while walking the dog in June 2019.
During that time, the dog lunged at an 8-year-old elementary school student, Ms. B, who was passing by, causing her to fall and injure her elbow, resulting in a four-week recovery period. She also suffered psychological trauma and required counseling treatment.
Given the situation, Ms. B’s parents demanded medical expenses and consolation money from dog owner Mr. A, but their request was refused. Consequently, they sought assistance from the Korea Legal Aid Corporation.
Mr. A argued that his dog had undergone vocal cord surgery and could not bark, making it unlikely to be threatening, and that the walking path at the accident site was about 4 to 5 meters wide, allowing Ms. B sufficient space to avoid the dog.
He also contested the causal relationship between Ms. B’s psychological counseling and treatment and the incident.
The court initially decided to refer the case to mediation, but the mediation failed, leading to a formal trial.
The court explained, "The victim is an 8-year-old girl, while the dog is a fully grown medium-sized dog reaching about an adult’s knee height," and added, "Considering the dog’s behavior and teeth, it could pose significant danger and fear to anyone other than its owner."
It further stated, "It is a typical reaction to step back or sit down in shock when suddenly confronted by a lunging dog," and ruled, "Even if Ms. B was unable to take defensive actions such as running away, it is difficult to consider her at fault."
The court fully accepted the hospital treatment costs of approximately 2.6 million KRW claimed by Ms. B’s parents and partially accepted 3 million KRW out of the 4 million KRW requested for consolation money.
Attorney Jung Sunghoon of the Korea Legal Aid Corporation, who represented the lawsuit, said, "Although this case did not involve direct physical harm such as biting or scratching by the companion dog, both physical and mental damages were recognized," and added, "With the dog-owning population exceeding 10 million nowadays, dog owners need to exercise careful attention."
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