Mandatory Muzzle Wearing Only for Dangerous Dogs
Small Fines Applied for Negligent Injury Cases
#Last October, a guest identified as Mr. A visiting an apple farm in Hongcheon-gun, Gangwon-do, was bitten by a Jindo dog raised at the farm. The Jindo dog, which had been tied to a handle next to the entrance, bit Mr. A’s thigh after its leash came loose as he was leaving after purchasing apples. The court ruled that the owner was negligent in taking safety measures to prevent the accident and sentenced the owner to a fine of 3 million won.
Over the past seven years, an average of about 2,200 dog bite incidents have occurred annually, but the level of punishment for dog owners remains lenient. In particular, owners of companion dogs, excluding dangerous breeds, often receive only small fines even when accidents occur, prompting calls for stricter penalties.
According to the Fire Agency on the 20th, from 2017 to the past seven years, a total of 15,692 patients bitten by dogs were transported to hospitals by ambulance. This means that an average of about 2,200 dog bite incidents occurred each year. This year, from January to last month, 1,753 ambulance transports were recorded.
When a dog bite incident occurs, the dog owner can be criminally punished under the Animal Protection Act for failing to supervise and manage their companion dog. Under the current Animal Protection Act, if a dog bites a person without wearing a leash and muzzle, the owner can face imprisonment of up to two years or a fine of up to 20 million won. If the victim dies, the penalty increases to imprisonment of up to three years or a fine of up to 30 million won.
The problem lies in the fact that the muzzle requirement applies only to dangerous dogs. Under current law, dangerous dogs are limited to five breeds (Dosa dogs, Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, and Rottweilers). When companion dogs other than these bite a person, the owner is charged with either negligent injury or negligent homicide depending on the severity of the injury.
If prosecuted for negligent injury rather than under the Animal Protection Act, the owner receives relatively lighter sentences. Under current law, negligent injury carries a fine of up to 5 million won, detention, or a minor fine, while negligent homicide can result in imprisonment of up to two years or a fine of up to 7 million won. Moreover, even when charged with negligent injury, it is common for the owner to avoid criminal punishment through settlement with the victim or to receive only a fine of up to 5 million won.
In fact, Asia Economy analyzed 10 first-instance rulings of defendants prosecuted for negligent injury related to dog bite incidents and found that 2 were acquitted, 7 received fines, and 1 was sentenced to probation with imprisonment. The fines imposed on the defendants were also small amounts such as 500,000 won, 1.5 million won, and 3 million won.
Legal experts emphasize the need to strengthen the responsibility of dog owners by increasing the severity of punishments for dog bite incidents. Attorney Kwak Junho of the law firm Cheong said, "Several years ago, social awareness of leash-wearing was low, so dog owners who caused bite incidents often received light sentences. As the number of households raising companion dogs is expected to increase in the future, it is necessary to raise the level of punishment for owners in case of accidents."
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