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Are Animals objects? According to Korean civil law, Animals are objects of possession without a doubt. Since objects are classified into immovable property and movable property by the law previously mentioned, animals fall into the category of movable property. For civil law states that land along w...

Are Animals objects? According to Korean civil law, Animals are objects of possession without a doubt. Since objects are classified into immovable property and movable property by the law previously mentioned, animals fall into the category of movable property. For civil law states that land along with things settled on it are immovable property whereas things other than immovable property are movable property. Thus, live creatures such as dogs are treated just like stuffed animals or robotic dogs as objects legally only because they share few characteristics such as being movable. Numerous people including animal devotees resent this kind of legal attitude since present laws based on it neglect the life of animals. Especially, although the extent of attachment to pets may differ, many people who keep pets think them as part of their family and sometimes view them as lifelong companions. In abroad nowadays, there are even people who leave all or a part of their material wealth to pets. Such people regard their pets as any other human being and treats them accordingly. However, social problems are frequent to arise due to some abandoning or abusing pets under their care. To prevent mistreatment of animals, there has been legal reorganizations along with new legislation recently. Ever since the late 1970s, there has been efforts to prevail animal welfare and discussions to give general rights to some animals. By civil law revision of the year 1990, Germany acknowledges the peculiar characteristic of animals explicitly by stipulating that animals are not objects. Thus, animals are given the third status of being in between objects and humans as creatures who have emotions and sensitivity. In addition, basic law amendment in 2002 stipulated that the state of Germany has an obligation to protect animals within the boundary of the constitution. Such measures will assist the animals to be regarded as live companions and emphasize the responsibility of humans in ensuring animal welfare. Meanwhile, the opinion that tends to view animals as creatures more closer to humans than they are to objects has been rising in France as in Germany. By observing the legal status of animals and numerous disputes regarding animal welfare in foreign countries such as Germany and France, this research intends to offer a guideline in Korea once animal rights dispute arise.

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