News

Recently, JAVY held a seminar on how to tackle animal abuse with legal measures, with multiple legal experts & scholars sharing their insights. However, it is difficult to target animal abusing activities with the current legal framework in the PRC. For reference, JAVY’s Jin Jun Esq. has cited the Animal Protection Act of South Korea, and wishes it could serve as an example in future legislations.

The Animal Protection Act of South Korea was enacted in 1991 and underwent several revisions, it outlines the scope and establishes the basic principles of animal protection, also defines the act of animal abuse, and prohibits such act, as well as disseminating pictures & videos of animal abuse.

According to the Animal Protection Act, the term “animal” means any of the following animals, which are vertebrates with developed nervous systems through which they could feel pain, this includes (a) Mammals;(b) Birds; (c) Animals prescribed by Presidential Decree, among reptiles, amphibians, and fish, after discussion between the head of a relevant central administrative agency and the Minster of Agriculture, Food and Rural Affairs.

The act also expressly defines the act of animal abuse, which is “an act of inflicting unnecessary and avoidable physical distress or stress on animals without justifiable grounds, or an act of neglecting or failing to take appropriate measures against their hunger, diseases, etc.”

The 5 basic principles of the Animal Protection Act include:

The Act also expressly prohibits the following offenses against animals: a. killing without justifiable grounds, which includes: killing an animal by hanging it by the neck or by using any other cruel methods; on the street or any other places open to the public or killing an animal with animals of the same kind present at the scene; by failing to feed and water it on purpose; without any justifiable grounds, such as necessity for veterinary treatment, harm or damage caused by an animal to human life, body or property, etc. b. abusive injuries, which includes: inflicting an injury upon animals with a tool or drug; hurting the body of live animals, collecting body fluid from a live animal, or installing a device for collecting body fluid from a live animal; inflicting an injury upon an animal for the purpose of gambling, advertising, amusement, or entertainment; inflicting an injury upon an animal for any other purpose without any justifiable ground.

The Act also prohibits catching and selling or killing stray animals, or acting as a broker for purchasing, or directly purchasing such animals. No owner or keeper of an animal shall abandon the animal. No person shall sell, exhibit, convey, show, or post on the Internet a cinematographic work that photographed an abusive act.

Regarding fines & penalties, any person who kills an animal by hanging it by the neck or by using any other cruel methods shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won. Any person who inflicts injuries upon animals with a tool or drug, or catches and sells or kills stray animals, shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won. Any person who sells, exhibits, conveys, shows, or posts on the Internet a cinematographic work that photographed an abusive act shall be punished by a fine not exceeding thirty million won.