'After the Ulsan 8-Year-Old Child Dog Bite Incident'
Calls for Owner Responsibility and Euthanasia of Dangerous Dogs
Will the 2024 Revised Animal Protection Act Be the Solution?
Discussions are ongoing regarding solutions to dog bite incidents. Photo by Beagle Rescue Network Instagram capture
[Asia Economy Reporter Kim Jeong-wan] As dog bite incidents have become a concern, discussions on the need to improve regulations related to companion dogs are ongoing. Following a recent dog bite incident involving an 8-year-old child in Ulsan, calls have been made to strengthen punishments such as penalties for dog owners and euthanasia. On the other hand, some argue that euthanasia is not a fundamental solution and that measures such as improving the breeding environment should be implemented.
Last month, a dog in an apartment complex in Ulsan bit an 8-year-old child, causing injury, but it was revealed that the dog owner could not be punished under the Animal Protection Act. According to the current Animal Protection Act, anyone who takes a 'dangerous dog' aged over 3 months outside without safety devices such as a leash and muzzle and causes death or death-related injury to a human is subject to punishment. However, since most dog breeds are excluded from the dangerous dog classification, if the dog is not classified as dangerous, charges such as negligent injury or compensation for damages must be applied.
However, applying negligent injury or compensation for damages is not easy. Under current law, animals are considered tangible objects under Article 98 of the Civil Act. When a dog owned by someone causes harm to another person, it falls under negligent injury under Article 266 of the Criminal Act. In this case, the police also booked the dog owner for negligent injury. However, negligent injury is punishable by a fine of up to 5 million won, and criminal punishment can be avoided if an agreement is reached with the victim.
The dog involved in the 'Ulsan 8-year-old child dog bite incident' was handed over to an animal protection organization on the 1st. Photo by Online Community Capture
Civil liability for damages against the dog owner is highly likely. In this case, since the dog went outside alone, it is considered to have escaped the owner's possession. Lawyer Jang Se-jin explained on YTN Radio on the 3rd, "Rather than the responsibility of the animal's possessor, compensation will be made under the general tort liability of Article 750 of the Civil Act," adding, "The owner's negligence will be easily recognized because the leash was loosely applied and the gate lock was not properly secured."
The dog involved in the incident was handed over to an animal protection organization on the 1st. Conventionally, dogs involved in such incidents have been euthanized as a matter of practice. This time, the police requested the disposal (euthanasia) of the seized dog on the 11th of last month, but the prosecution judged that there was insufficient evidence to recognize the 'risk of keeping' and issued a request for supplementation. The prosecution stated that it would apply Article 22 of the Animal Protection Act separately from the Criminal Procedure Act, but according to the police, there is no veterinarian willing to assess the risk of the dog and carry out euthanasia.
Public opinion on euthanasia for the dog involved in the incident is divided. Online, reactions such as "Dogs that almost killed a person should be euthanized," "If it happened to your own child...," and "Punishment and responsibility for the dog owner should be strengthened" have been expressed. Meanwhile, animal protection groups such as the Beagle Rescue Network stated, "Killing one dog does not solve the fundamental problem of dog bite incidents," and "The responsibility lies with the owner who failed to properly control and manage the dog, and it is appropriate to hold only the owner accountable."
Meanwhile, attention is focused on whether the amendment to the Animal Protection Act, promulgated in April, will serve as a supplementary measure regarding dog bite incidents. According to the Ministry of Agriculture, Food and Rural Affairs, with the amendment of the Animal Protection Act, a dangerous dog breeding permit system will be introduced from April 27, 2024. Accordingly, dangerous dog breeders must meet requirements such as animal registration and liability insurance enrollment and obtain permission from the mayor or governor. Afterward, temperament evaluations of the dangerous dog will be conducted to decide whether to grant the breeding permit. Additionally, if a 'non-dangerous dog' harms people or animals, the mayor or governor can order a temperament evaluation. Following the evaluation, orders such as education for the owner, behavioral correction for the dog, and use of safety devices will be issued. If it is judged that keeping the dog threatens public safety, humane treatment measures (such as euthanasia orders) under the Animal Protection Act will be taken.
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