South Korea Debates Animal Status Beyond 'Objects' in Civil Law

South Korea is reigniting discussions on the legal standing of animals, seeking to redefine their status beyond that of simple property. The Ministry of Justice held a forum to debate amending the Civil Code, a move that follows a previous attempt in 2021 that stalled due to the end of the parliamentary term. This renewed effort comes after a public opinion survey revealed that a significant 88% of respondents favor differentiating animals from ordinary objects in legal terms.

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The core of the Civil Code revision is not the declaration of non-objectification itself, but how the law will actively define animals after the declaration and how rights and responsibilities toward animals will be reconstructed.

The initial push for reform in 2021 was spurred by the growing societal recognition of pets as family members. Cases where companion animals were subject to seizure or where compensation for harm was calculated based on market value rather than emotional distress highlighted the inadequacies of existing laws. Austria, for instance, amended its Civil Code in 1988 to establish grounds for compensation for animal treatment costs and to exempt animals with strong emotional bonds from seizure.

However, legislative efforts in other countries are now advancing beyond merely declaring animals as non-objects. Nations like France, Portugal, Spain, and Luxembourg are increasingly defining animals as 'sentient beings' in their civil codes. This shift aligns with the 2009 Treaty of Lisbon, which mandates that the European Union and its member states consider animal welfare in policy-making. Sentience, as defined by scholars like Professor Jonathan Birch, refers to the capacity for subjective experiences, including pleasure and pain, distinguishing animals from mere responders to stimuli.

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Sentience is the ability to have subjective experiences with positive or negative values, such as pleasure and pain.

This evolving understanding of animal sentience is shaping legal reforms. Portugal's Civil Code, for example, requires owners to ensure animal welfare and respect species-specific needs, even when exercising their property rights. This means that neglecting an animal, leading to its death from heatstroke, for instance, would be viewed as a violation of animal welfare, not just a matter of property management. Experts like Dr. Jang Eun-hye emphasize that the core of civil code reform lies not just in the declaration of non-objectification but in how the law actively defines animals and reconstructs rights and responsibilities accordingly. South Korea's existing laws already protect various animals, and the Civil Code revision is seen as a crucial step toward integrating scientific understanding of animal sentience into a legal framework that balances owner responsibilities with the animals' interests.

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Animals are sentient beings.