ANIMAL PROTECTION ACT
Wholly Amended by Act No. 10995, Aug. 4, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 11737, Apr. 5, 2013
Act No. 12051, Aug. 13, 2013
Act No. 12512, Mar. 24, 2014
Act No. 13023, Jan. 20, 2015
Act No. 14651, Mar. 21, 2017
Act No. 15502, Mar. 20, 2018
Act No. 16075, Dec. 24, 2018
Act No. 16544, Aug. 27, 2019
Act No. 16977, Feb. 11, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary to prevent animal abuse and to properly protect and manage animals, and thus contribute to protecting the lives of animals and enhancing their safety and welfare, as well as developing national ethos, such as respect for their life, and facilitating a harmonious coexistence between humans and animals through creating a sound and responsible raising culture. <Amended on Mar. 20, 2018; Feb. 11, 2020>
The terms used in this Act shall be defined as follows: <Amended on Aug. 13, 2013; Mar. 21, 2017; Mar. 20, 2018; Feb. 11, 2020>
| 1. | The term “animal” means any of the following animals, which are vertebrates with developed nervous systems through which they could feel pain: |
| (c) | Animals prescribed by Presidential Decree, among reptiles, amphibia, and fish, after discussion between the head of a relevant central administrative agency and the Minster of Agriculture, Food and Rural Affairs; |
| 1-2. | The term “animal abuse” means 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.; |
| 1-3. | The term "companion animal" means a dog, cat, and any other animal raised for companionship, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 2. | The term "animal subject to registration" means an animal specified by Presidential Decree, as deemed necessary to be registered for protection, prevention of loss or abandonment, control of diseases, prevention of risks to public health, etc.; |
| 3. | The term "owner or keeper of an animal" means the owner of an animal or a person engaged in raising, managing, or protecting an animal temporarily or permanently; |
| 3-2. | The term “dangerous dog” means a dog that puts the public at risk for death or injury, such as a Japanese mastiff (Tosa), pit bull terrier, or rottweiler, as specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 5. | The term "animal testing institution" means a corporation, organization, or institution specified by Presidential Decree, as qualified to conduct animal testing. |
| Article 3 (Basic Principles for Protection of Animals) |
Any person shall observe the following principles in raising, managing, or protecting animals: <Amended on Mar. 21, 2017>
| 1. | Animals shall live an ordinary life, maintaining their natural behavior and original physical shape; |
| 2. | Animals shall not suffer from thirst, hunger, or malnutrition; |
| 3. | Animals shall freely express normal behavior without experiencing discomfort; |
| 4. | Animals shall be free from pain, injury, and disease; |
| 5. | Animals shall be free from fear and distress. |
| Article 4 (Responsibilities of the State, Local Governments, and Citizens) |
| (1) | The State shall formulate and implement a comprehensive plan for the welfare of animals every five years for appropriate protection and management of animals, which shall include the following matters, and local governments shall fully cooperate with the State in implementing such plan: <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| 1. | The basic policy on the prevention of animal abuse and the welfare of animals; |
| 2. | Matters related to the management of any of the following animals: |
| (a) | Animals wandering or abandoned in public places, such as roads and parks, without their owners or keepers (hereinafter referred to as "lost or abandoned animals"); |
| (b) | Animals suffering from abusive acts prescribed in Article 8 (2) (hereinafter referred to as "abused animals"); |
| 3. | Matters regarding the operation, etc. of animal testing institutions and an institutional animal care and use committee under Article 25; |
| 4. | Matters regarding education and publicity with regard to the prevention of animal abuse, the welfare of animals, the adoption of lost or abandoned animals, and ethics for animal testing; |
| 5. | Matters regarding the expansion of animal welfare livestock farming and support for animal welfare livestock farms; |
| 6. | Other matters necessary for the prevention of animal abuse and the welfare of animals, including exercise and rest facilities for companion animals. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, or Special Self-Governing City Mayor (hereinafter referred to as "Mayor/Do Governor") shall formulate an animal welfare plan for the Special Metropolitan City and a Metropolitan City, Do, Special Self-Governing Province, or Special Self-Governing City (hereinafter referred to as "City/Do"), respectively, every five years based on the relevant comprehensive plan under paragraph (1) and shall notify the Minister of Agriculture, Food and Rural Affairs of such plan. <Amended on Mar. 23, 2013> |
| (3) | The State and local governments shall endeavor to secure the workforce, budget, etc. for properly conducting projects provided for in paragraphs (1) and (2), and the State may, within the budget, grant subsidies to cover all or part of the expenses incurred in projects to be conducted by local governments for properly protecting and managing animals, promoting welfare work, etc. <Newly Inserted on Mar. 21, 2017> |
| (4) | The State and local governments may encourage non-governmental organizations specified by Presidential Decree to initiate a campaign or other activities for the protection of animals or may provide necessary support for such campaign or activities. <Amended on Mar. 21, 2017> |
| (5) | All citizens shall fully cooperate with the State and local governments in taking measures to protect animals and make other efforts necessary to protect animals. <Amended on Mar. 21, 2017> |
| Article 5 (Animal Welfare Committee) |
| (1) | The Animal Welfare Committee shall be established within the Ministry of Agriculture, Food and Rural Affairs to provide advices on the following matters as requested to the Minister of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013> |
| 1. | Formulation and implementation of a comprehensive plan under Article 4; |
| 2. | Instruction and supervision in regard to the organization, etc. of an institutional animal care and use committee under Article 28; |
| 3. | Certification of animal welfare livestock farms under Article 29 and policies on animal welfare livestock farming; |
| 4. | Other matters regarding the welfare of animals, such as prevention of animal abuse, and rescue and protection of animals. |
| (2) | The Animal Welfare Committee shall be comprised of not more than 10 members, including one chairperson. |
| (3) | Committee members shall be commissioned by the Minister of Agriculture, Food and Rural Affairs from among the following persons, and the chairperson shall be elected by and from among committee members: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | Veterinarians with abundant knowledge and experience in the protection and welfare of animals; |
| 2. | Persons who are recommended by non-governmental organizations falling under Article 4 (4) and have abundant knowledge and experience in animal welfare policies; |
| 3. | Other persons who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs and have expertise in animal welfare policies. |
| (4) | Other matters regarding the organization and operation of the Animal Welfare Committee shall be prescribed by Presidential Decree. |
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in any other statute, the protection, use, and management of animals shall be governed by the provisions of this Act.
CHAPTER II PROTECTION AND MANAGEMENT OF ANIMALS
| Article 7 (Appropriate Raising and Management) |
| (1) | The owner or keeper of an animal shall provide the animal with appropriate feed and water and endeavor to ensure that the animal exercises, rests, and sleeps adequately. |
| (2) | If an animal suffers from a disease or an injury, the owner or keeper of the animal shall endeavor to promptly cure it or to take other necessary measures. |
| (3) | When the owner or keeper of an animal manages the animal or moves it to some other places, he or she shall endeavor to take measures necessary for the adaptation of animals to the new environment. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters regarding methods for appropriately raising and managing animals shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 8 (Prohibition of Animal Abuse) |
| (1) | No person shall commit any of the following offenses against animals: <Amended on Mar. 23, 2013; Apr. 5, 2013; Mar. 21, 2017> |
| 1. | Killing an animal by hanging it by the neck or by using any other cruel methods; |
| 2. | Killing an animal 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; |
| 3. | Killing an animal by failing to feed or water it on purpose; |
| 4. | Killing an animal without any justifiable grounds specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as necessity for veterinary treatment, harm or damage caused by an animal to human life, body or property, etc. |
| (2) | No person shall commit any of the following abusive acts against animals: <Amended on Mar. 23, 2013; Mar. 21, 2017; Mar. 20, 2018; Feb. 11, 2020> |
| 1. | Inflicting an injury upon animals by physical or chemical means, such as tools or drugs: Provided, That cases specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as the prevention or treatment of diseases, shall be excluded herefrom; |
| 2. | 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: Provided, That cases specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as curing of diseases and animal testing, shall be excluded herefrom; |
| 3. | Inflicting an injury upon an animal for the purpose of gambling, advertising, amusement, or entertainment: Provided, That cases specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as folk games, shall be excluded herefrom; |
| 3-2. | Inflicting an injury upon or causing a disease to a companion animal, in violation of the duty of raising and management prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as providing a minimum space for raising such animal; |
| 4. | Inflicting physical pain or injury upon an animal for any other purpose without any justifiable ground specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as a need for veterinary treatment and harm or damage caused by animals to human life, body, or property. |
| (3) | No person shall sell or kill any of the following animals by catching them or catch any of the following animals with the aim of selling or killing them, and no person shall knowingly act as a broker for purchase, or direct purchase, of any of the following animals: <Amended on Mar. 21, 2017> |
| 1. | Lost or abandoned animals; |
| 2. | Abused animals whose owners are unknown. |
| (4) | No owner or keeper of an animal shall abandon the animal. |
| (5) | No person shall commit any of the following acts: <Amended on Mar. 21, 2017; Aug. 27, 2019> |
| 1. | Selling, exhibiting, conveying, showing, or posting on the Internet a photograph or video footage taken of any act prescribed in paragraphs (1) through (3): Provided, That the foregoing shall not apply to cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as publicity activities demonstrating the purpose of raising animal protection awareness; |
| 3. | Providing animals as prizes and free gifts of events for gambling, competition, lottery, entertainment, amusement, advertising, etc.; |
| Article 9 (Transportation of Animals) |
| (1) | A person transporting animals who is specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall observe the following principles: <Amended on Mar. 23, 2013; Aug. 13, 2013> |
| 1. | A person shall provide animals in transit with adequate feed and water and shall not surprise or injure animals by starting or stopping suddenly; |
| 2. | A vehicle for transporting animals shall have a structure that can protect animals from injuries in transit and minimize suffering caused by a rapid change of body temperature or a difficulty in breathing; |
| 3. | When a person transports an ailing animal, a youngling, a pregnant animal, or an animal with a suckling, he or she shall install partitions or take other necessary measures to prevent such animal from being hurt by other animals in transit; |
| 4. | A person shall be careful not to injure an animal by throwing or dropping cages for transportation which contain animals while he or she loads or unloads the animal; |
| 5. | No person shall use any electronic tool for driving animals for transportation. |
| (2) | The Minister of Agriculture, Food and Rural Affairs may establish standards for the structure and equipment of vehicles for transporting animals under paragraph (1) 2, and may encourage the use of vehicles that meet the standards. <Amended on Mar. 23, 2013> |
| (3) | Except as otherwise provided in paragraphs (1) and (2), the Minister of Agriculture, Food and Rural Affairs may establish guidelines necessary for the transportation of animals and encourage relevant people to observe the guidelines. <Amended on Mar. 23, 2013> |
| Article 9-2 (Methods for Delivering Companion Animals) |
A person who intends to sell animals under Article 32 (1) shall directly transfer the relevant animal to a purchaser, or deliver it through an animal transport business operator who observes the provisions of Article 9 (1). [This Article Newly Inserted on Aug. 13, 2013]
[Title Amended on Mar. 21, 2017]
| Article 10 (Methods of Slaughtering Animals) |
| (1) | Animals shall not be slaughtered in a cruel or revolting manner and shall be free from unnecessary pain, fear, or stress in the process of being slaughtered. <Newly Inserted on Aug. 13, 2013> |
| (2) | When a person slaughters animals pursuant to the Livestock Products Sanitary Control Act or the Act on the Prevention of Contagious Animal Diseases, he or she shall minimize suffering by applying a method specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as gas stunning and electrical stunning, and shall move on to the next step of slaughter only where they are unconscious. The same shall apply to cases of burial. <Amended on Mar. 23, 2013; Aug. 13, 2013> |
| (3) | Where it is unavoidable to kill an animal, apart from cases specified in paragraphs (1) and (2), a method that can minimize suffering shall be applied. <Amended on Aug. 13, 2013> |
| Article 11 (Surgery on Animals) |
Each person who performs a surgical operation on an animal, such as castration, removing a horn, or cutting a tail, shall apply a veterinary method.
| Article 12 (Registration of Animals Subject to Registration) |
| (1) | The owner of an animal subject to registration shall register the animal with the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter) or a Special Self-Governing City Mayor (hereinafter referred to as "head of a Si/Gun/Gu") in order to protect the animal and prevent it from being lost or abandoned: Provided, That the same shall not apply to any region specified by ordinance of a City/Do pursuant to Ordinance of the Ministry of Agriculture, Food and Rural Affairs, unless the animal subject to registration is a dangerous dog. <Amended on Mar. 23, 2013; Mar. 20, 2018> |
| (2) | In any of the following cases, the owner of an animal subject to registration registered pursuant to paragraph (1) shall report the relevant matters to the head of a Si/Gun/Gu within the periods classified as follows: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | When an animal subject to registration has been lost, within 10 days from the date of losing the animal; |
| 2. | When any matter prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs regarding animals subject to registration has been changed, within 30 days from the date the grounds for such change arise. |
| (3) | If a person who has acquired the ownership of an animal subject to registration resides in a region where the animal shall be registered pursuant to paragraph (1), he or she shall report the acquisition of the ownership to the head of a Si/Gun/Gu with jurisdiction over the place of his or her domicile within 30 days from the date he or she acquires the ownership. |
| (4) | The head of a Si/Gun/Gu may authorize a person specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (hereafter in this Article referred to as "agent for animal registration) to conduct the affairs specified in paragraphs (1) through (3) on his or her behalf. In such cases, the head of a Si/Gun/Gu may pay fees for conducting such affairs. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (5) | Details to be registered with regard to animals subject to registration, the methods of and procedures for registration, the procedures for filing a report on a change, and matters to be observed by agents for animal registration shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and other matters necessary for registration shall be prescribed by ordinance of each City/Do. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| Article 13 (Management of Animals Subject to Registration) |
| (1) | If the owner or keeper of an animal subject to registration allows the animal to be relocated from the place where the animal is usually kept, he or she shall affix an identification tag on the animal, indicating the contact information of the owner or keeper and other matters specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (2) | When the owner or keeper of an animal subject to registration goes outside with the animal, he or she shall take safety measures, such as attaching a leash, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall collect excreta (urine shall be removed only when it is discharged in an elevator, on the stairs, or in any other collectively used space in a multi-family housing, or on a bench, chair, or any other object on which a person can sit or lie), whenever discharged. <Amended on Mar. 23, 2013; Jan. 20, 2015> |
| (3) | When necessary to prevent animals subject to registration from being lost or abandoned or to prevent risks to public health, a Mayor/Do Governor may require the owners and keepers of animals to have their animals vaccinated, place restrictions on raising them in or bring them into a specific area or place, or take other necessary measures, as prescribed by ordinance of the competent City/Do. |
| Article 13-2 (Management of Dangerous Dogs) |
| (1) | The owner or keeper of a dangerous dog shall abide by the following: |
| 1. | He or she shall ensure that the dangerous dog is not relocated from the place where it is usually kept; |
| 2. | When going outside with a dangerous dog of at least three months, he or she shall attach a safety device, such as a leash or a muzzle, or an appropriate movement device that could prevent the dangerous dog from escaping, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 3. | He or she shall abide by the obligations prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to prevent the dangerous dog from causing bodily injury to the public. |
| (2) | If a dangerous dog causes bodily injury to a person, a Mayor/Do Governor or the head of a Si/Gun/Gu may quarantine the dangerous dog without obtaining the consent of its owner or keeper or take other necessary measures, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | The owner of a dangerous dog shall regularly receive education concerning safe raising and management of dangerous dogs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Mar. 20, 2018]
| Article 13-2 (Management of Dangerous Dogs) |
| (1) | The owner or keeper of a dangerous dog shall abide by the following: |
| 1. | He or she shall ensure that the dangerous dog is not relocated from the place where it is usually kept; |
| 2. | When going outside with a dangerous dog of at least three months, he or she shall attach a safety device, such as a leash or a muzzle, or an appropriate movement device that could prevent the dangerous dog from escaping, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 3. | He or she shall abide by the obligations prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to prevent the dangerous dog from causing bodily injury to the public. |
| (2) | If a dangerous dog causes bodily injury to a person, a Mayor/Do Governor or the head of a Si/Gun/Gu may quarantine the dangerous dog without obtaining the consent of its owner or keeper or take other necessary measures, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | The owner of a dangerous dog shall regularly receive education concerning safe raising and management of dangerous dogs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (4) | The owner of a dangerous dog shall purchase insurance to cover any harm caused by the dangerous dog to the lives, bodies, or property of other persons, as prescribed by Presidential Decree. <Newly Inserted on Feb. 11, 2020> |
[This Article Newly Inserted on Mar. 20, 2018]
[Enforcement Date: Feb. 12, 2021] Article 13-2
| Article 13-3 (Places Prohibited to Dangerous Dogs) |
No owner or keeper of a dangerous dog shall allow it to enter any of the following places:
| 4. | Other places used by many unspecified persons as designated by ordinance of a City/Do. |
[This Article Newly Inserted on Mar. 20, 2018]
| Article 14 (Rescue and Protection of Animals) |
| (1) | If a Mayor/Do Governor (excluding a Special Self-Governing City Mayor; hereafter the same shall apply in this Article and Articles 15, 17 through 19, 21, 29, 38-2, 39 through 41, 41-2, 43, 45 and 47) or the head of a Si/Gun/Gu discovers an animal in any of the following situations, he or she shall rescue the animal, take measures necessary to cure and protect it pursuant to Article 7 (hereinafter referred to as "protective measures"), and shall separate the animal referred to in subparagraph 2 or 3 from the abuser in order to prevent the recurrence of abuse: Provided, That animals referred to in subparagraph 1 which are specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall be excluded from those eligible for rescue and protective measures: <Amended on Mar. 23, 2013; Apr. 5, 2013; Mar. 21, 2017> |
| 1. | Lost or abandoned animals; |
| 2. | Abused animals whose owners are unknown; |
| 3. | Animals abused by their owners in any manner prescribed in Article 8 (2) and deemed unlikely to be treated and protected appropriately. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu has an animal falling under paragraph (1) 1 or 2 under protective measures, he or she shall verify whether such animal has been registered, and if registered, the Mayor/Do Governor or the head of the Si/Gun/Gu shall without delay notify its owner that his or her animal is under protective measures. <Newly Inserted on Mar. 21, 2017> |
| (3) | When a Mayor/Do Governor and the head of a Si/Gun/Gu takes custody of an animal referred to in paragraph (1) 3, he or she shall take protective measures for the animal for a specified period, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Apr. 5, 2013; Mar. 21, 2017> |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may also take measures necessary for protecting and managing animals falling under the proviso of paragraph (1), with the exception of its subparagraphs. <Newly Inserted on Mar. 21, 2017> |
| Article 15 (Establishment and Designation of Animal Care Centers) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu may establish and operate animal care centers in accordance with the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to rescue animals and take protective measures for them under Article 14. <Amended on Mar. 23, 2013; Aug. 13, 2013> |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall endeavor to directly establish and operate animal care centers prescribed in paragraph (1). <Newly Inserted on Mar. 21, 2017> |
| (3) | The Minister of Agriculture, Food and Rural Affairs may provide a Mayor/Do Governor or the head of a Si/Gun/Gu with subsidies to cover all or part of expenses incurred in establishing and operating animal care centers under paragraph (1). <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may designate an institution or organization that meets the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as an animal care center and may authorize it to take charge of rescuing animals and taking protective measures for them under Article 14. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (5) | A person who intends to be designated as an animal care center under paragraph (4) shall file an application with a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (6) | A Mayor/Do Governor or the head of a Si/Gun/Gu may provide an animal care center specified in paragraph (4) with subsidies to cover all or part of the expenses incurred in rescuing animals and taking protective measures for them (hereinafter referred to as "care expenses"), and the procedures for providing care expenses and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (7) | In any of the following cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the designation of an animal care center designated under paragraph (4): Provided, That a Mayor/Do Governor shall revoke the designation of an animal care center in cases falling under subparagraph 1: <Amended on Mar. 21, 2017> |
| 1. | If an animal care center is designated by fraud or other improper means; |
| 2. | If an animal care center ceases to meet the standards for designation under paragraph (4); |
| 3. | If an animal care center files a false claim for care expenses under paragraph (6); |
| 4. | If an animal care center violates any provision of Article 8 (1) through (3); |
| 6. | If an animal care center violates a corrective order issued under Article 39 (1) 3; |
| 7. | If an animal care center refuses to take protective measures for lost, abandoned, or abused animals on at least three occasions without justifiable cause; |
| 8. | If an animal in custody is transferred for profit. |
| (8) | No Mayor/Do Governor or head of a Si/Gun/Gu shall redesignate an institution or organization whose designation as an animal care center is revoked under paragraph (7) within one year from the date the designation is revoked: Provided, That no institution or organization whose designation as an animal care center is revoked under paragraph (7) 4 shall be redesignated as an animal care center within two years from the date the designation is revoked. <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| (9) | In order to ensure the fairness and transparency in operating animal care centers, an animal care center the size of which is greater than the size specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall organize and operate a steering committee, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (10) | Matters regarding obligations of animal care centers under paragraphs (1) and (4) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, while the procedures for designation of animal care centers, the details of protective measures, and other necessary matters shall be prescribed by ordinance of each City/Do. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (1) | If a person discovers any of the following animals, he or she may report it to the head of the competent local government or an animal care center: <Amended on Mar. 21, 2017> |
| 1. | An animal suffering from any abuse prohibited under Article 8; |
| 2. | A lost or abandoned animal. |
| (2) | If any of the following persons discovers an animal referred to in paragraph (1) in the course of performing his or her duties, he or she shall report it to the head of the competent local government or an animal care center without delay: <Amended on Mar. 21, 2017> |
| 1. | An executive officer or member of a non-governmental organization referred to in Article 4 (4); |
| 2. | The head or employees of an institution or organization established under Article 15 (1) or designated as an animal care center under paragraph (4) of the same Article; |
| 3. | The head of an animal testing institution who establishes an institutional animal care and use committee pursuant to Article 25 (1) and his or her employees; |
| 4. | A member of an institutional animal care and use committee under Article 27 (2); |
| 5. | A person who holds certification of an animal welfare livestock farm under Article 29 (1); |
| 6. | A person who registers his or her business pursuant to Article 33 (1) or has obtained permission for business pursuant to Article 34 (1) or an employee of such person; |
| 7. | A veterinarian or the head or employees of a veterinary clinic. |
| (3) | The status of a reporting person shall be guaranteed, and the identity of such person shall not be disclosed, contrary to his or her intention. |
| Article 17 (Public Announcement) |
When a Mayor/Do Governor or the head of a Si/Gun/Gu takes custody of an animal referred to in Article 14 (1) 1 or 2, he or she shall publicly announce such fact without delay for at least seven days as prescribed by Presidential Decree, so that its owner or keeper is informed about the protective measures that the Mayor/Do Governor or the head of a Si/Gun/Gu has taken. <Amended on Apr. 5, 2013>
| Article 18 (Return of Animals) |
| (1) | In any of the following cases, a Mayor/Do Governor and the head of a Si/Gun/Gu shall return an animal referred to in Article 14 to its owner: <Amended on Apr. 5, 2013; Mar. 21, 2017> |
| 1. | Where an animal referred to in Article 14 (1) 1 or 2 is under protective measures and its owner claims the return of the animal; |
| 2. | Where an animal referred to in Article 14 (1) 3 has been under protective measures and its owner pays care expenses pursuant to Article 19 (2) and claims the return of the animal after the period for the protective measures prescribed in Article 14 (3) lapsed. |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall notify the owner of an animal referred to in paragraph (1) 2 of the period of protective measures, the deadline for the payment of care expenses, and matters regarding exemption from care expenses in connection with the return of such animal. <Amended on Apr. 5, 2013> |
| Article 19 (Bearing of Care Expenses) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu may require the owner of an animal referred to in Article 14 (1) 1 or 2, or a person to whom such animal is transferred under Article 21 (1), to pay care expenses incurred in having custody of the animal. <Amended on Apr. 5, 2013> |
| (2) | The owner of an animal referred to in Article 14 (1) 3 shall pay care expenses incurred in having of the animal by the payment deadline, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, a Mayor/Do Governor and the head of a Si/Gun/Gu may exempt the owner of such animal from all or part of the care expenses, if the owner renounces his or her ownership of the animal pursuant to subparagraph 2 of Article 20. <Amended on Mar. 23, 2013; Apr. 5, 2013> |
| (3) | Matters regarding the collection of care expenses under paragraphs (1) and (2) shall be prescribed by Presidential Decree, while guidelines for the calculation of care expenses shall be prescribed by ordinance of each City/Do within the limits prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 20 (Acquisition of Ownership of Animal) |
In any of the following cases, a City/Do and a Si/Gun/Gu may acquire the ownership of an animal: <Amended on Apr. 5, 2013; Mar. 21, 2017>
| 2. | Where the owner of an animal referred to in Article 14 (1) 3 renounces his or her ownership of the animal; |
| 3. | Where the owner of an animal referred to in Article 14 (1) 3 fails to pay care expenses within 10 days after the payment deadline for the care expenses under Article 19 (2) expires; |
| 4. | Where the owner of an animal cannot be contacted or fails to express his or her intention to receive his or her animal back without just cause even after 10 days have passed since he or she was verified as the owner of the animal. |
| Article 21 (Transfer or Donation of Animals) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu may donate or transfer an animal, the ownership of which is acquired by him or her under Article 20, to a zoo, an animal lover (limited to a person who meets the qualifications prescribed by ordinance of the competent City/Do), or a non-governmental organization specified by Presidential Decree, as prescribed by ordinance of the competent City/Do, so that the animal can be raised and managed appropriately. <Amended on Apr. 5, 2013> |
| (2) | A mayor/Do Governor and the head of a Si/Gun/Gu may make a public announcement of an animal, the ownership of which is acquired by him or her under Article 20, so that the animal can be transferred pursuant to paragraph (1). <Amended on Apr. 5, 2013> |
| (3) | The requirements and procedures for the donation or transfer under paragraph (1) and other necessary matters shall be prescribed by ordinance of each City/Do. |
| Article 22 (Humane Disposal of Animals) |
| (1) | The head or operator of an animal care center under Article 15 (1) and (4) shall dispose of an animal under protective measures under Article 14 (1) by a humane method as prescribed by the Minister of Agriculture, Food and Rural Affairs, if such animal suffers from a disease, or an event specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs occurs in relation to such animal. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | The disposal by a humane method under paragraph (1) shall be executed by a veterinarian. |
| (3) | Where the carcass of an animal is to be disposed of pursuant to paragraph (1), the head of an animal care center shall dispose of it in accordance with the Wastes Control Act or at an animal cemetery established and operated by a person who registered for animal funeral service business pursuant to Article 33. <Amended on Mar. 21, 2017> |
CHAPTER III ANIMAL TESTING
| Article 23 (Principles for Animal Testing) |
| (1) | Animal testing shall be conducted in consideration of the enhancement of welfare of humankind and the dignity of lives of animals. |
| (2) | When it is intended to conduct animal testing, an alternative method shall be taken into consideration prior to such testing. |
| (3) | Animal testing shall be conducted by a person who has knowledge and experience in ethical management and scientific use of animals used for testing (hereinafter referred to as "laboratory animals"), and the minimum number of animals shall be used. |
| (4) | Animals less sensitive to pain shall be used for testing that causes pain to laboratory animals, and measures appropriate for relieving such pain by a veterinary method, such as the use of an analgesic, sedative, or anesthetic, shall be taken. |
| (5) | A person who completes animal testing shall examine the relevant animal without delay and may transfer or donate it if the results of the examination show that the animal recovers normally. <Amended on Mar. 20, 2018> |
| (6) | If the results of the examination under paragraph (5) show that the relevant animal cannot recover or is likely to live with a persistent pain, the animal shall be disposed of quickly in a manner that does not give any pain. <Newly Inserted on Mar. 20, 2018> |
| (7) | Except as otherwise provided in paragraphs (1) through (6), matters necessary for the principles of animal testing shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 20, 2018> |
| Article 24 (Prohibition of Animal Testing) |
No person shall conduct any of the following animal testing: Provided, That the foregoing shall not apply where a person obtains approval for such animal testing for a compelling reason specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as the health of the relevant animal species and the control of, and research on, a disease, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Feb. 11, 2020>
| 1. | An experiment on a lost or abandoned animal (including an animal under protective measures); |
| Article 24-2 (Prohibition of Minors’ Animal Dissection Practice) |
No person shall allow a minor (referring to a person under the age of 19; hereinafter the same shall apply) to practice dissecting animals (including carcasses) for the purposes of experience, education, testing, research, etc.: Provided, That the same shall not apply where a school under Article 2 of the Elementary and Secondary Education Act or an animal testing institution conducts such practice or otherwise it is prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. [This Article Newly Inserted on Mar. 20, 2018]
| Article 25 (Establishment of Institutional Animal Care and Use Committee) |
| (1) | The head of an animal testing institution shall establish and operate an institutional animal care and use committee (hereinafter referred to as "IACUC") pursuant to Article 27 for the protection and ethical management of laboratory animals: Provided, That if an animal testing institution has a laboratory animal management committee already established pursuant to Article 7 of the Laboratory Animal Act, and if the committee is composed in compliance with the requirements prescribed in Article 27 (2) through (4), the committee shall be deemed an IACUC. |
| (2) | An animal testing institution that falls short of the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs may establish and operate an IACUC jointly with another animal testing institution, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (3) | When the head of an animal testing institution intends to conduct animal testing, he or she shall refer the case to an IACUC for deliberation. |
| Article 26 (Functions of IACUC) |
| (1) | An IACUC shall perform the following duties: |
| 1. | Deliberation on animal testing; |
| 2. | Instruction in, and supervision over, animal testing to ensure that it is conducted in compliance with the principles prescribed in Article 23; |
| 3. | Demanding the head of an animal testing institution to take measures necessary for the protection and ethical management of laboratory animals. |
| (2) | No committee member involved in animal testing to be deliberated on by an IACUC shall participate in the deliberation on the animal testing at issue. |
| (3) | No committee member shall divulge or misappropriate confidential information acquired while performing his or her duty. |
| (4) | The methods of instruction and supervision under paragraph (1) and other matters regarding the operation of an IACUC shall be prescribed by Presidential Decree. |
| Article 27 (Composition of IACUC) |
| (1) | An IACUC shall be comprised of not less than three but not exceeding 15 members, including one chairperson. |
| (2) | Committee members shall be commissioned by the head of each animal testing institution from among the following persons, while the chairperson shall be elected by and from among committee members: Provided, That members of an IACUC composed pursuant to Article 25 (2) shall be commissioned jointly by the heads of relevant animal testing institutions: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | Veterinarians who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 2. | Persons recommended by a non-governmental organization under Article 4 (4), who have abundant knowledge and experience in the protection of animals and who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 3. | Other persons specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, who are required for promoting the protection and ethical management of laboratory animals. |
| (3) | An IACUC shall have at least one member falling under paragraph (2) 1 and 2, respectively. |
| (4) | At least 1/3 of members of an IACUC shall have no interest in the relevant animal testing institution. |
| (5) | The term of office for each committee member shall be two years. |
| (6) | Other matters regarding the composition of an IACUC, the scope of interests of members, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 28 (Instruction in and Supervision over Composition of IACUC) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may instruct and supervise the head of an animal testing institution who establishes an IACUC pursuant to Article 25 (1) or (2) with respect to the composition and operation of the IACUC under Articles 26 and 27. <Amended on Mar. 23, 2013> |
| (2) | If an IACUC is composed or operated not in compliance with Articles 26 and 27, the Minister of Agriculture, Food and Rural Affairs may order the head of the relevant animal testing institution to make improvements in composition and operation of the relevant IACUC within a specified period, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
CHAPTER IV CERTIFICATION OF ANIMAL WELFARE LIVESTOCK FARMS
| Article 29 (Certification of Animal Welfare Livestock Farms) |
| (1) | In order to promote the welfare of animals, the Minister of Agriculture, Food and Rural Affairs may certify a livestock farm as an animal welfare livestock farm, if the farm is managed so as to enable animals specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, which are livestock defined in subparagraph 1 of Article 2 of the Livestock Products Sanitary Control Act, to live an ordinary life while maintaining their natural behavior. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to obtain certification pursuant to paragraph (1) shall file an application therefor with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs may provide any of the following support for livestock farms certified as animal welfare livestock farms: <Amended on Mar. 23, 2013> |
| 1. | The cost incurred in improving livestock facilities for promoting the protection and welfare of animals; |
| 2. | Instruction, counseling, and education in regard to the environmental improvement and management of animal welfare livestock farms. |
| (4) | The Minister of Agriculture, Food and Rural Affairs shall revoke the certification of an animal welfare livestock farm, if a person obtains the certification by fraud or other improper means, or may revoke the certification, if a livestock farm ceases to meet the certification standards under paragraph (7). <Amended on Mar. 23, 2013> |
| (5) | No person (including the representative of a corporation, if a livestock farm is a corporation) whose certification is revoked under paragraph (4) shall file an application for certification of an animal welfare livestock farm under paragraph (1) within one year from the date the certification is revoked. |
| (6) | The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, the head of a Si/Gun/Gu, a livestock farming association under subparagraph 3 of Article 2 of the Creation and Management of Self-Help Livestock Funds Act, and a non-governmental organization under Article 4 (4) shall fully utilize exemplary case studies of the operation of animal welfare livestock farms for education and publicity. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (7) | Except as otherwise provided in paragraphs (1) through (6), matters regarding the standards and procedures for certification of animal welfare livestock farms, the indication of certified farms, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 30 (Prohibition of Fraud) |
No person shall commit any of the following offenses:
| 1. | Obtaining certification of an animal welfare livestock farm by fraud or other improper means; |
| 2. | Indicating an uncertifed livestock farm as an animal welfare livestock farm under Article 29. |
| Article 31 (Succession to Certification) |
| (1) | Any of the following persons shall succeed to the status of a person who holds certification of an animal welfare livestock farm: |
| 1. | An heir who intends to continue the operation of an animal welfare livestock farm, where the person obtaining certification of the animal welfare livestock farm is deceased; |
| 2. | A transferee, where a person obtaining the certification of an animal welfare livestock farm transfers his or her business; |
| 3. | A corporation surviving a merger or newly incorporated in the course of a merger, where a corporation certified as an animal welfare livestock farm is merged with another corporation. |
| (2) | A person who succeeds to the status of a person obtaining certification of an animal welfare livestock farm shall report the succession to the Minister of Agriculture, Food and Rural Affairs within 30 days. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for the reporting under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 32 (Types of Business and Standards for Facilities) |
| (1) | A person who intends to engage in any of the following business relating to companion animals shall have facilities and personnel that meet the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Aug. 13, 2013; Mar. 21, 2017; Feb. 11, 2020> |
| 1. | Animal funeral service business; |
| 2. | Animal selling business; |
| 3. | Animal import business; |
| 4. | Animal breeding business; |
| 5. | Animal exhibition business; |
| 6. | Animal boarding business; |
| 7. | Animal grooming business; |
| 8. | Animal transport business. |
| (2) | The specific scope of business under each subparagraph of paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 33 (Registration of Business) |
| (1) | A person who intends to engage in business specified in Article 32 (1) 1 through 3 and 5 through 8 shall file a registration with the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | If a person who registered pursuant to paragraph (1) intends to make a change in any matter specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, permanently or temporarily close his or her business, or resume the operation of his or her business, he or she shall file a report thereon in advance with the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (3) | Upon receipt of a report on a change under paragraph (2), the head of a Si/Gun/Gu shall review the details of the report and accept it if such report is consistent with this Act. <Newly Inserted on Aug. 27, 2019> |
| (4) | A person falling under any of the following cases shall not file a registration under paragraph (1): Provided, That subparagraph 5 shall apply only to business referred to in Article 32 (1) 1: <Amended on Mar. 24, 2014; Mar. 21, 2017; Dec. 24, 2018; Aug. 27, 2019> |
| 1. | Where a person who intends to file a registration (including an executive officer of a corporation, if the applicant is a corporation; hereafter the same shall apply in this Article) is a minor, a person under limited guardianship, or a person under adult guardianship; |
| 2. | Where a person fails to meet the standards for facilities and personnel prescribed in Article 32 (1), with the exception of its subparagraphs; |
| 3. | Where a person (including the representative of a corporation, if the applicant is a corporation), whose registration was revoked under Article 38 (1) but one year has not lapsed since such revocation, intends to register another business of the same type as the business; |
| 4. | Where a person who intends to register his or her business has been sentenced to a fine or heavier punishment for the violation of this Act, and three years have not passed since such sentence was finally confirmed: Provided, That where he or she has been sentenced to a fine or heavier punishment for the violation of Article 8, the period shall be five years from the date the sentence was finally confirmed; |
| 5. | Where a person intends to establish an animal cemetery in any of the following areas: |
| (a) | An area referred to in Article 17 of the Act on Funeral Services; |
| (b) | An area that is not more than 300 meters away from an area having at least 20 houses, a school, or a facility or place where the public gather from time to time: Provided, That the same shall not apply where the head of a Si/Gun/Gu deems that the function or use of the relevant facility is not obstructed in view of the situation of land or terrain. |
| Article 33-2 (Establishment and Operation of Public Animal Cemeteries) |
| (1) | The head of a local government may establish and operate a cemetery for companion animals (hereinafter referred to as "public animal cemetery"). <Amended on Feb. 11, 2020> |
| (2) | The State may provide a local government that establishes and operates a public animal cemetery pursuant to paragraph (1) with expenses required to establish such facility, within the budget. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 33-3 (Fees for Use of Public Animal Cemeteries) |
The amount of a fee for use or a charge for management imposed by the head of a local government on the users of a public animal cemetery, the method of imposition, the use of the fee for use or charge for management, and other necessary matters shall be determined by ordinance of the relevant local government. In such cases, the amount of the fee for use or charge for management shall be determined in consideration of the land price, the facility establishment and development costs, the improvement of the welfare of local residents, etc.
[This Article Newly Inserted on Dec. 24, 2018]
| Article 34 (Permission for Business) |
| (1) | A person who intends to engage in business specified in Article 32 (1) 4 shall obtain permission from the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | If a person who has obtained permission pursuant to paragraph (1) intends to make a change in any matter specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, permanently or temporarily close his or her business, or resume the operation of his or her business, he or she shall file a report thereon with the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (3) | Upon receipt of a report on a change under paragraph (2), the head of a Si/Gun/Gu shall review the details of the report and accept it if such report is consistent with this Act. <Newly Inserted on Aug. 27, 2019> |
| (4) | A person falling under any of the following cases shall be disqualified from obtaining permission prescribed in paragraph (1): <Amended on Mar. 24, 2014; Mar. 21, 2017; Dec. 24, 2018; Aug. 27, 2019> |
| 1. | Where a person who intends to obtain permission (including an executive officer of a corporation, if the applicant is a corporation; hereafter the same shall apply in this Article) is a minor, a person under limited guardianship or a person under adult guardianship; |
| 2. | Where a person fails to meet the standards for facilities and personnel prescribed in Article 32 (1), with the exception of its subparagraphs; |
| 3. | Where a person fails to receive the education under Article 37 (1); |
| 4. | Where a person (including the representative of the relevant corporation, if the applicant is a corporation), whose business permission was revoked under Article 38 (1) but one year has not lapsed since such revocation, intends to obtain permission for another business of the same type as the business; |
| 5. | Where a person who intends to obtain permission has been sentenced to a fine or heavier punishment for the violation of this Act, and three years have not passed since such sentence was finally confirmed: Provided, That when he or she has been sentenced to a fine or heavier punishment for the violation of Article 8, the period shall be five years from the date the sentence was finally confirmed. |
[Title Amended on Mar. 21, 2017]
| Article 35 (Succession to Business) |
| (1) | If a person who registered his or her business pursuant to Article 33 (1) or has obtained business permission pursuant to Article 34 (1) (hereinafter referred to as "business operator") transfers such business to a third party or is deceased, or if a corporation is merged with another corporation, the transferee, heir, or the corporation surviving the merger or newly incorporated in the course of the merger (hereinafter referred to as "transferee, etc.") shall succeed to the status of the business operator. <Amended on Mar. 21, 2017> |
| (2) | A person who acquires all business facilities from a business operator through any of the following procedures shall succeed to the status of the business operator: |
| 4. | A procedure equivalent to any of the procedures specified in subparagraphs 1 through 3. |
| (3) | A person who succeeds to the status of a business operator pursuant to paragraph (1) or (2) shall report thereon to the competent head of a Si/Gun/Gu within 30 days from the date the person succeeds to the status, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (4) | Articles 33 (4) and 34 (4) shall apply mutatis mutandis to the succession under paragraphs (1) and (2), and "registration" referred to in Article 33 (4) and “permission” referred to in Article 34 (4) shall be construed as "reporting" in such cases: Provided, That the foregoing shall not apply, during three months from the date business is inherited, where an heir falls under Article 33 (4) 1 or 34 (4) 1. <Amended on Mar. 21, 2017; Aug. 27, 2019> |
| Article 36 (Matters to Be Observed by Business Operators, etc.) |
A business operator (including the representative of a corporation, if a business is a corporation) and his or her employees shall observe guidelines prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs with regard to the following matters: <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 11, 2020>
| 1. | Raising and management of animals; |
| 2. | Registration of animal breeding, and the preparation and retention of records on bringing in and taking out animals; |
| 3. | Sale of animals, such as the saleable age by month and health conditions of animals; |
| 4. | Appropriate disposal of the carcass of an animal; |
| 5. | Guidelines for the operation of business facilities; |
| 6. | Education of employees; |
| 7. | Notification of registration of an animal subject to registration and the duty of filing a report on a change (including methods of registration and filing a report on a change as well as punishment in cases of a violation); |
| 8. | Other matters necessary to protect animals and to prevent risks to public health. |
| Article 36 (Matters to Be Observed by Business Operators, etc.) |
| (1) | A business operator (including the representative of a corporation, if a business is a corporation) and his or her employees shall observe guidelines prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs with regard to the following matters: <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 11, 2020> |
| 1. | Raising and management of animals; |
| 2. | Registration of animal breeding, and the preparation and retention of records on bringing in and taking out animals; |
| 3. | Sale of animals, such as the saleable age by month and health conditions of animals; |
| 4. | Appropriate disposal of the carcass of an animal; |
| 5. | Guidelines for the operation of business facilities; |
| 6. | Education of employees; |
| 7. | Notification of registration of an animal subject to registration and the duty of filing a report on a change (including methods of registration and filing a report on a change as well as punishment in cases of a violation); |
| 8. | Other matters necessary to protect animals and to prevent risks to public health. |
| (2) | Where a person who engages in animal selling business under Article 32 (1) 2 (hereinafter referred to as "animal seller") sells an animal subject to registration to a purchaser other than business operators, he or she shall sell the animal after filing an application for registration of the animal subject to registration under Article 12 (1) under the name of the purchaser. <Newly Inserted on Feb. 11, 2020> |
| (3) | An animal seller shall file an application for registration of an animal subject to registration under paragraph (2) using a method sought by a purchaser among the methods of registration under Article 12 (5). <Newly Inserted on Feb. 11, 2020> |
[Enforcement Date: Feb. 12, 2021] Article 36
| (1) | A person who intends to engage in business specified in any provision of Article 32 (1) 2 through 8 and a business operator whose business operation is suspended under Article 38 shall receive education on the protection of animals and the prevention of risks to public health. <Amended on Mar. 21, 2017> |
| (2) | A person who intends to engage in any business falling under Article 32 (1) 2 through 8 shall receive education at least once a year. <Newly Inserted on Mar. 21, 2017> |
| (3) | A business operator who is required to receive education pursuant to paragraph (1) but fails to do so shall not engage in the relevant business. <Amended on Mar. 21, 2017> |
| (4) | If a business operator who is required to receive education pursuant to paragraph (1) does not operate the relevant business directly or operates at least two business establishments in different places, he or she may designate a manager from among his or her employees to receive education on his or her behalf. <Amended on Mar. 21, 2017> |
| (5) | Matters regarding the institutions providing education under paragraph (1), the curriculum and method of the education, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| Article 38 (Revocation of Registration or Permission) |
| (1) | Where a business operator falls under any of the following cases, the competent head of a Si/Gun/Gu may revoke the relevant registration or permission or may order him or her to suspend the operation of all or part of his or her business for a specified period not exceeding six months, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the head of a Si/Gun/Gu shall revoke the relevant registration or permission in cases falling under subparagraph 1: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | Where it is found that a business operator has registered his or her business or has obtained permission by fraud or other improper means; |
| 2. | Where a business operator abuses an animal, in violation of any provision of Article 8 (1) through (3); |
| 3. | Where a business operator fails to commence his or her business even after one year lapsed from the date of registering his or her business or obtaining permission; |
| 4. | Where a business operator ceases to meet the standards prescribed in Article 32 (1), with the exception of its subparagraphs; |
| 5. | Where a business operator fails to file a report on changes pursuant to Articles 33 (2) and 34 (2); |
| 6. | Where a business operator fails to comply with the guidelines prescribed in Article 36. |
| (2) | The effect of a disposition made under paragraph (1) shall be transferred to a transferee, etc. during one year from the end of the period for the disposition, and the procedure for a disposition may continue against a transferee, etc. when the procedure for the disposition is in progress: Provided, That the foregoing shall not apply where a transferee, etc. proves that he or she was not aware of the disposition or violation at the time when he or she acquires or inherits business or when the corporation is merged. |
[Title Amended on Mar. 21, 2017]
| Article 38-2 (Inspection on Business Operators) |
The head of a Si/Gun/Gu shall inspect whether business operators have complied with the standards for facilities and personnel prescribed in Article 32 (1) and the matters to be observed by business operators prescribed in Article 36 at least once a year, and shall report the outcomes thereof to the Minister of Agriculture, Food and Rural Affairs through a Mayor/Do Governor by January 31 of the following year. [This Article Newly Inserted on Mar. 21, 2017]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 39 (Access and Inspection) |
| (1) | If deemed necessary to protect animals and to prevent risks to public health, the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take the following measures with respect to the owner or keeper of an animal: <Amended on Mar. 23, 2013> |
| 1. | Demanding the owner or keeper of an animal to submit necessary data about the current status of the animal, the actual status of management of the animal, etc.; |
| 2. | Access to and inspection over a place where an animal is kept; |
| 3. | Issuing a corrective order prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as execution of measures for preventing risks to animals. |
| (2) | If deemed necessary to protect animals, the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a business operator or any of the following persons to submit a report or data, and may authorize a relevant public official to access the facility in question to survey the actual status of operation, or to inspect relevant documents: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | The head of an animal care center prescribed in Article 15 (1) and (4); |
| 2. | The head of an animal testing institution who established an IACUC pursuant to Article 25 (1) or (2); |
| 3. | A person whose farm is certified as an animal welfare livestock farm under Article 29 (1). |
| (3) | When the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to access a place to conduct an inspection under paragraph (1) 2 or (2), he or she shall notify the person subject to the inspection of the access and inspection plan including the following matters, by not later than seven days before he or she commences the access and inspection: Provided, That such notice may be given as he or she commences the access and inspection, if prior notice may defeat the objectives of inspection: <Amended on Mar. 23, 2013> |
| 1. | The purposes of the access and inspection; |
| 2. | The duration and place of the access and inspection; |
| 3. | The name and position of the relevant public official; |
| 4. | The scope and details of the access and inspection; |
| Article 40 (Animal Guardians) |
| (1) | The Minister of Agriculture, Food and Rural Affairs (including the head of an affiliated agency specified by Presidential Decree), a Mayor/Do Governor, or the head of a Si/Gun/Gu shall designate a public official as an animal guardian in order to prevent animal abuse and perform administrative affairs regarding the protection of animals. <Amended on Mar. 23, 2013> |
| (2) | Matters regarding the qualification for, and the appointment of, animal guardians under paragraph (1) (hereinafter referred to as "animal guardians"), the scope of their duties, etc. shall be prescribed by Presidential Decree. |
| (3) | When an animal guardian performs his or her duty under paragraph (2), he or she shall carry an identification certificate specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs and produce it to a relevant person. <Amended on Mar. 23, 2013> |
| (4) | No one shall refuse, interfere with, or evade an animal guardian's performance of duty under paragraph (2), except for an unavoidable cause, such as parturition or treatment of a disease depending upon the nature of an animal. |
| Article 41 (Honorary Animal Guardians) |
| (1) | The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may commission a person as an honorary animal guardian in order to authorize the person to provide guidance and education for the prevention of animal abuse and the protection of animals. <Amended on Mar. 23, 2013> |
| (2) | The matters regarding honorary animal guardians under paragraph (1) (hereinafter referred to as "honorary animal guardians"), such as qualification, commissioning and dismissal, duties and scope of their activities, and the payment of allowances, shall be prescribed by Presidential Decree. |
| (3) | No honorary animal guardian shall commit misconduct or abuse his or her authority in performing any of his or her duties under paragraph (2). |
| (4) | When an honorary animal guardian performs his or her duty, he or she shall carry an identification certificate indicating his or her status and produce it to a relevant person. |
| Article 41-2 Deleted. <Feb. 11, 2020> |
Each of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That a person specified in subparagraph 1 may be exempted from fees, as prescribed by ordinance of the competent City/Do: <Amended on Mar. 23, 2013; Mar. 21, 2017>
| 1. | A person who intends to register an animal subject to registration pursuant to Article 12 (1); |
| 2. | A person who intends to have his or her farm certified as an animal welfare livestock farm under Article 29 (1); |
| 3. | A person who intends to register, or obtain permission for, his or her business, or file a report on changes pursuant to Article 33 or 34. |
When the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to make any of the following dispositions, he or she shall hold a hearing: <Amended on Mar. 23, 2013; Mar. 21, 2017>
| 1. | Revocation of registration of an animal care center under Article 15 (7); |
| 2. | Revocation of certification of an animal welfare livestock farm under Article 29 (4); |
| 3. | Revocation of business registration or permission under Article 38 (1). |
| Article 44 (Delegation of Authority) |
The Minister of Agriculture, Food and Rural Affairs may partially delegate his or her authority vested under this Act to the head of an affiliated agency or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
| Article 45 (Survey on Actual Status and Disclosure of Information) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall collect, research, and analyze information and data about the following matters and shall disclose findings therefrom on a regular basis each year: <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| 1. | The actual status of the protection and welfare of animals to formulate a comprehensive plan for the welfare of animals under Article 4 (1); |
| 2. | Registration of animals subject to registration under Article 12; |
| 3. | Matters regarding animal care centers and the curing and protection of lost or abandoned animals under Articles 14 through 22; |
| 4. | The actual status of the operation of an IACUC, animal testing, and instruction and supervision under Articles 25 through 28; |
| 5. | The actual status of certification of animal welfare livestock farms under Article 29; |
| 6. | The actual status of business registration, permission and operation prescribed in Articles 33 and 34; |
| 7. | Regular inspection on business operators prescribed in Article 38-2; |
| 8. | Other matters regarding the actual status of the protection and welfare of animals. |
| (2) | In order to efficiently perform the business affairs referred to in paragraph (1), the Minister of Agriculture, Food and Rural Affairs may conduct surveys on the actual status, and may request the head of a related central administrative agency, the head of a local government, the head of a public institution (referring to a public institution defined in Article 4 of the Act on the Management of Public Institutions; the same shall apply hereinafter), a related institution or organization, or the owner or keeper of an animal to provide data or information, as necessary for surveys on actual status. In such cases, a person upon receipt of a request for data or information shall provide such data or information, unless there is good cause. <Amended on Mar. 23, 2013> |
| (3) | The scope and method of surveys on the actual status under paragraph (2) (including field surveys) and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an animal testing institution shall report the matters specified in paragraph (1) 1 through 4 and 6 to the Minister of Agriculture, Food and Rural Affairs (including the head of an affiliated agency specified by Presidential Decree) by January 31 of the following year. <Amended on Mar. 23, 2013> |
CHAPTER VII PENTALTY PROVISIONS
| Article 46 (Penalty Provisions) |
| (1) | A person who has caused the death of another person in violation of Article 13 (2) or 13-2 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Newly Inserted on Mar. 20, 2018> |
| (2) | Each of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| 1. | A person who has abused an animal in violation of Article 8 (1) through (3); |
| 1-2. | The owner or keeper of a dangerous dog who has abandoned it in violation of Article 8 (4); |
| 1-3. | A person who has caused bodily injury to another person by failing to take safety measures, such as attaching a leash, under Article 13 (2); |
| 1-4. | A person who has caused bodily injury to another person in violation of Article 13-2 (1); |
| 2. | A person who has obtained certification of an animal welfare livestock farm by fraud or other improper means in violation of subparagraph 1 of Article 30; |
| 3. | A person who has indicated an uncertified farm as an animal welfare livestock farm in violation of subparagraph 2 of Article 30. |
| (3) | Each of the following persons shall be punished by a fine not exceeding five million won: <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| 1. | A member of an IACUC who divulges or misappropriates confidential information, in violation of Article 26 (3); |
| 2. | A person who has operated his or her business without filing a registration or report prescribed in Article 33 or without obtaining permission or filing a report prescribed in Article 34; |
| 3. | A person who has filed a registration or report prescribed in Article 33 or who has obtained permission or filed a report prescribed in Article 34 by fraud or other improper means; |
| 4. | A person who has operated his or her business during a business suspension period prescribed in Article 38. |
| (4) | Each of the following persons shall be punished by a fine not exceeding three million won: <Amended on Mar. 21, 2017; Mar. 20, 2018; Aug. 27, 2019> |
| 1. | A person who has sold, exhibited, conveyed, showed, or posted on the Internet a photograph or video footage in violation of Article 8 (5) 1; |
| 2. | A person who has used animals for gambling purposes or has engaged in advertising or publicity for the purpose of conducting gambling by using animals in violation of Article 8 (5) 2; |
| 3. | A person who has provided animals as prized and free gifts of events for gambling, competition, lottery, entertainment, amusement, advertising, etc. in violation of Article 8 (5) 3; |
| 4. | A person who has lent animals for profit in violation of Article 8 (5) 4; |
| 5. | A person who has conducted animal testing in violation of Article 24. |
| (5) | Any person who has habitually committed a crime falling under paragraphs (1) through (3) shall be subject to aggravated punishment by up to 1/2 of the sentence determined for the relevant crime. <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| Article 46 (Penalty Provisions) |
| (1) | A person who has caused the death of another person in violation of Article 13 (2) or 13-2 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Newly Inserted on Mar. 20, 2018; Feb. 11, 2020> |
| 1. | A person who has killed an animal by abusing such animal in violation of Article 8 (1); |
| 2. | A person who has caused the death of another person in violation of Article 13 (2) or 13-2 (1). |
| (2) | Each of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Mar. 21, 2017; Mar. 20, 2018; Feb. 11, 2020> |
| 1. | A person who has abused an animal in violation of Article 8 (2) or (3); |
| 1-2. | The owner or keeper of a dangerous dog who has abandoned it in violation of Article 8 (4); |
| 1-3. | A person who has caused bodily injury to another person by failing to take safety measures, such as attaching a leash, under Article 13 (2); |
| 1-4. | A person who has caused bodily injury to another person in violation of Article 13-2 (1); |
| 2. | A person who has obtained certification of an animal welfare livestock farm by fraud or other improper means in violation of subparagraph 1 of Article 30; |
| 3. | A person who has indicated an uncertified farm as an animal welfare livestock farm in violation of subparagraph 2 of Article 30. |
| (3) | Each of the following persons shall be punished by a fine not exceeding five million won: <Amended on Mar. 21, 2017; Mar. 20, 2018> |
| 1. | A member of an IACUC who divulges or misappropriates confidential information, in violation of Article 26 (3); |
| 2. | A person who has operated his or her business without filing a registration or report prescribed in Article 33 or without obtaining permission or filing a report prescribed in Article 34; |
| 3. | A person who has filed a registration or report prescribed in Article 33 or who has obtained permission or filed a report prescribed in Article 34 by fraud or other improper means; |
| 4. | A person who has operated his or her business during a business suspension period prescribed in Article 38. |
| (4) | Each of the following persons shall be punished by a fine not exceeding three million won: <Amended on Mar. 21, 2017; Mar. 20, 2018; Aug. 27, 2019; Feb. 11, 2020> |
| 1. | A person who has abandoned an animal in violation of Article 8 (4); |
| 2. | A person who has sold, exhibited, conveyed, showed, or posted on the Internet a photograph or video footage in violation of Article 8 (5) 1; |
| 3. | A person who has used animals for gambling purposes or has engaged in advertising or publicity for the purpose of conducting gambling by using animals in violation of Article 8 (5) 2; |
| 4. | A person who has provided animals as prized and free gifts of events for gambling, competition, lottery, entertainment, amusement, advertising, etc. in violation of Article 8 (5) 3; |
| 5. | A person who has lent animals for profit in violation of Article 8 (5) 4; |
| 6. | A person who has conducted animal testing in violation of Article 24. |
| (5) | Any person who has habitually committed a crime falling under paragraphs (1) through (3) shall be subject to aggravated punishment by up to 1/2 of the sentence determined for the relevant crime. <Amended on Mar. 21, 2017; Mar. 20, 2018> |
[Enforcement Date: Feb. 12, 2021] Article 46
| Article 46-2 (Penalty provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations referred to in Article 46 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs in order to prevent such violations. [This Article Newly Inserted on Mar. 21, 2017]
| Article 47 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted on Mar. 21, 2017; Mar. 20, 2018> |
| 1. | The owner or keeper of an animal who has abandoned his or her animal in violation of Article 8 (4); |
| 2. | A person who has sold an animal in violation of Article 9-2; |
| 2-2. | The owner or keeper of a dangerous dog who has allowed the dog to be relocated from the place where it is usually kept, in violation of Article 13-2 (1) 1; |
| 2-3. | The owner or keeper of a dangerous dog of at least three months who has failed to attach a safety device or movement device while going outside with the dog, in violation of Article 13-2 (1) 2; |
| 2-4. | The owner or keeper of a dangerous dog who has failed to manage the dog in such a way as to prevent it from causing bodily injury to the public, in violation of Article 13-2 (1) 3; |
| 2-5. | The owner of a dangerous dog who has failed to receive education concerning safe raising and management of dangerous dogs, in violation of Article 13-2 (3); |
| 2-6. | The owner or keeper of a dangerous dog who has allowed it to enter a prohibited place, in violation of Article 13-3; |
| 3. | The head of an animal testing institution who has failed to establish and operate an IACUC in violation of Article 25 (1); |
| 4. | The head of an animal testing institution who has conducted animal testing without undergoing deliberation of an IACUC in violation of Article 25 (3); |
| 5. | The head of an animal testing institution who has failed to comply with an improvement order in violation of Article 28 (2). |
| (2) | Each of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Aug. 13, 2013; Mar. 21, 2017; Mar. 20, 2018> |
| 1. | Deleted; <Mar. 21, 2017> |
| 2. | A person who has transported animals in violation of Article 9 (1) 4 or 5; |
| 3. | A person who has transported animals defined under Article 32 (1) in violation of Article 9 (1); |
| 4. | Deleted; <Mar. 21, 2017> |
| 5. | The owner of an animal subject to registration who fails to have the animal registered, in violation of Article 12 (1); |
| 5-2. | A person who has allowed a minor to practice dissecting an animal, in violation of Article 24-2; |
| 6. | Deleted; <Mar. 21, 2017> |
| 7. | Deleted; <Mar. 21, 2017> |
| 8. | A person who fails to report his or her succession to the status of a person, whose farm is certified as an animal welfare livestock farm, in violation of Article 31 (2); |
| 9. | A person who fails to report his or her succession to the status of a business operator, in violation of Article 35 (3); |
| 10. | A person who engages in business without receiving education, in violation of Article 37 (2) or (3); |
| 11. | The owner or keeper of an animal who fails to comply with a demand to submit data pursuant to Article 39 (1) 1 or who submits false data; |
| 12. | The owner or keeper of an animal who refuses, interferes with, or evades the access and inspection under Article 39 (1) 2; |
| 13. | The owner or keeper of an animal who fails to comply with a corrective order issued under Article 39 (1) 3; |
| 14. | A person who fails to submit a report or data pursuant to Article 39 (2), who makes a false representation in such report or data, or who refuses, interferes with, or evades the access and inspection under the aforesaid paragraph; |
| 15. | A person who refuses, interferes with, or evades an animal guardian's performance of duty, in violation of Article 40 (4). |
| (3) | Each of the following persons shall be punished by an administrative fine not exceeding 500,000 won: <Amended on Mar. 21, 2017> |
| 1. | An owner who fails to report within a specified period, in violation of Article 12 (2); |
| 2. | A person who acquires an ownership without reporting a change, in violation of Article 12 (3); |
| 3. | The owner or keeper of an animal who fails to put an identification tag on the animal, in violation of Article 13 (1); |
| 4. | The owner or keeper of an animal who fails to take safety measures or to collect excreta, in violation of Article 13 (2). |
| (4) | The administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| Article 47 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Mar. 21, 2017; Mar. 20, 2018; Feb. 11, 2020> |
| 1. | Deleted; <Feb. 11, 2020> |
| 2. | A person who has sold an animal in violation of Article 9-2; |
| 2-2. | The owner or keeper of a dangerous dog who has allowed the dog to be relocated from the place where it is usually kept, in violation of Article 13-2 (1) 1; |
| 2-3. | The owner or keeper of a dangerous dog of at least three months who has failed to attach a safety device or movement device while going outside with the dog, in violation of Article 13-2 (1) 2; |
| 2-4. | The owner or keeper of a dangerous dog who has failed to manage the dog in such a way as to prevent it from causing bodily injury to the public, in violation of Article 13-2 (1) 3; |
| 2-5. | The owner of a dangerous dog who has failed to receive education concerning safe raising and management of dangerous dogs, in violation of Article 13-2 (3); |
| 2-6. | An owner who has failed to purchase insurance in violation of Article 13-2 (4); |
| 2-7. | The owner or keeper of a dangerous dog who has allowed it to enter a prohibited place, in violation of Article 13-3; |
| 3. | The head of an animal testing institution who has failed to establish and operate an IACUC in violation of Article 25 (1); |
| 4. | The head of an animal testing institution who has conducted animal testing without undergoing deliberation of an IACUC in violation of Article 25 (3); |
| 5. | The head of an animal testing institution who has failed to comply with an improvement order in violation of Article 28 (2). |
| (2) | Each of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Aug. 13, 2013; Mar. 21, 2017; Mar. 20, 2018> |
| 1. | Deleted; <Mar. 21, 2017> |
| 2. | A person who has transported animals in violation of Article 9 (1) 4 or 5; |
| 3. | A person who has transported animals defined under Article 32 (1) in violation of Article 9 (1); |
| 4. | Deleted; <Mar. 21, 2017> |
| 5. | The owner of an animal subject to registration who fails to have the animal registered, in violation of Article 12 (1); |
| 5-2. | A person who has allowed a minor to practice dissecting an animal, in violation of Article 24-2; |
| 6. | Deleted; <Mar. 21, 2017> |
| 7. | Deleted; <Mar. 21, 2017> |
| 8. | A person who fails to report his or her succession to the status of a person, whose farm is certified as an animal welfare livestock farm, in violation of Article 31 (2); |
| 9. | A person who fails to report his or her succession to the status of a business operator, in violation of Article 35 (3); |
| 10. | A person who engages in business without receiving education, in violation of Article 37 (2) or (3); |
| 11. | The owner or keeper of an animal who fails to comply with a demand to submit data pursuant to Article 39 (1) 1 or who submits false data; |
| 12. | The owner or keeper of an animal who refuses, interferes with, or evades the access and inspection under Article 39 (1) 2; |
| 13. | The owner or keeper of an animal who fails to comply with a corrective order issued under Article 39 (1) 3; |
| 14. | A person who fails to submit a report or data pursuant to Article 39 (2), who makes a false representation in such report or data, or who refuses, interferes with, or evades the access and inspection under the aforesaid paragraph; |
| 15. | A person who refuses, interferes with, or evades an animal guardian's performance of duty, in violation of Article 40 (4). |
| (3) | Each of the following persons shall be punished by an administrative fine not exceeding 500,000 won: <Amended on Mar. 21, 2017> |
| 1. | An owner who fails to report within a specified period, in violation of Article 12 (2); |
| 2. | A person who acquires an ownership without reporting a change, in violation of Article 12 (3); |
| 3. | The owner or keeper of an animal who fails to put an identification tag on the animal, in violation of Article 13 (1); |
| 4. | The owner or keeper of an animal who fails to take safety measures or to collect excreta, in violation of Article 13 (2). |
| (4) | The administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
[Enforcement Date: Feb. 12, 2021] Article 47
ADDENDA <Act No. 10995, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 4 (2) and 12 (1) regarding a Special Self-Governing City and a Special Self-Governing City Mayor shall enter into force on July 1, 2012, while the amended provisions of Article 12 (excluding provisions regarding the head of a Si/Gun/Gu), subparagraph 1 of Article 42, and Articles 45 (1) 2, 47 (1) 2, and 47 (2) 1 and 2 shall enter into force on January 1, 2013. Article 2 (General Transitional Measures)
An act done by or in relation to an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed an act done by or in relation to an administrative agency under this Act.
Article 3 (Transitional Measures concerning Animal Care Centers)
Care facilities established under the previous provisions as at the time this Act enters into force shall be deemed animal care centers established under the amended provisions of Article 15 (1), while entrusted care facilities established under the previous provisions shall be deemed animal care centers designated under the amended provisions of Article 15 (3). Article 4 (Transitional Measures concerning Public Announcement of Abandoned Animals)
If public announcement has been made with regard to an abandoned animal pursuant to the previous provisions as at the time this Act enters into force, such public announcement shall be deemed made pursuant to the amended provisions of Article 17. Article 5 (Transitional Measures concerning Composition of IACUC)
An IACUC established under the previous provisions as at the time this Act enters into force shall be deemed an IACUC established under the amended provisions of Article 25, and committee members commissioned under the previous provisions as at the tine this Act enters into force shall be deemed commissioned on the date this Act enters into force. Article 6 (Transitional Measures concerning Registration of Business)
A person who has his or her animal breeding business registered pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have reported animal breeding business pursuant to the amended provisions of Article 34 (1). Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
An act committed before this Act enters into force shall be governed by the previous provisions for the purposes of penalty provisions or provisions regarding administrative fines.
Article 8 (Relationship to Other Acts)
A citation of any provision of the previous Animal Protection Act by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of a relevant provision of this Act in lieu of the previous provision, if this Act contains such relevant provision.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11737, Apr. 5, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12051, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 9-2 and Article 47 (1) 3 and 4 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12512, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Person)
A person under adult guardianship or a person under limited guardianship under the amended provisions of Article 33 (3) 1 and Article 34 (3) 1 shall be deemed to include a person to whom the sentence of incompetence or quasi-incompetence in accordance with Article 2 of the Addenda of the Civil Act (Act No. 10429) remains effective.
ADDENDUM <Act No. 13023, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14651, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Report of Loss)
The amended provisions of Article 12 (2) 1 shall begin to apply to an animal subject to registration lost after this Act enters into force. Article 3 (Applicability to Acquisition of Ownership of Animals)
The amended provisions of subparagraph 4 of Article 20 shall begin to apply to an animal whose owner is verified after this Act enters into force. Article 4 (Transitional Measures concerning Report of Animal Breeding Business)
Any person who has reported animal breeding business under the previous provisions as at the time this Act enters into force shall be deemed to have obtained permission under the amended provisions of Article 34 (1): Provided, That such person shall meet the requirements prescribed in this Act within two years from the date this Act enters into force. Article 5 (Transitional Measures concerning Penalty Provisions)
Any violation committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or provisions regarding administrative fines.
ADDENDA <Act No. 15502, Mar. 20, 2018>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures concerning Period for which Redesignation as Animal Care Center is Limited)
The previous provisions shall apply to a person whose designation as an animal care center is revoked pursuant to the previous provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 15 (8) of the Animal Protection Act (Act No. 14651).
ADDENDA <Act No. 16075, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Animal Funeral Service Business)
The previous provisions shall apply to any person who has filed an application to register animal funeral service business pursuant to the previous provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 33 (3) 5. Article 3 (Applicability to Those Sentenced to Fine or Heavier Punishment for Animal Abuse)
The amended provisions of Articles 33 (3) 4 and 34 (3) 5 shall begin to apply to a person who is sentenced to a fine or heavier punishment for the violation of Article 8 and for whom such sentence is finally confirmed after this Act enters into force.
ADDENDUM <Act No. 16544, Aug. 27, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 33 (3) and (4), 34 (3) and (4), and 35 (4) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16977, Feb. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 1 and subparagraph 2 of Article 24 shall enter into force on the date of its promulgation; and the amended provisions of subparagraph 1-3 of Article 2, and Articles 8 (2) 3-2,12 (4) and (5), 32 (1), 33-2 (1), 36 (1) 7, and 41-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
Any violation committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or provisions regarding administrative fines.