메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

Study on Management System for Zoos and Aquariums in Korea - In relation to the enactment of the Act on Management of Zoos and Aquariums -
Recommendations
Search
Questions

동물원 및 수족관 관리제도 도입에 관한 소고 : 「동물원 및 수족관의 관리에 관한 법률」의 제정에 부쳐

논문 기본 정보

Type
Academic journal
Author
Journal
Institute of Comparative Legal Studies, Kangwon National University Environmental Law and Policy Vol.17 KCI Accredited Journals
Published
2016.9
Pages
61 - 84 (24page)

Usage

DBpia Top 10%Percentile based on 2-year
usage in the same subject category.
cover
📌
Topic
📖
Background
🔬
Method
🏆
Result
Study on Management System for Zoos and Aquariums in Korea - In relation to the enactment of the Act on Management of Zoos and Aquariums -
Ask AI
Recommendations
Search
Questions

Abstract· Keywords

Report Errors
In the absence of independent law or regulation governing the management of zoos and aquariums, there have been many incidents which might have been prevented had a proper legislation been in place, such as incidents where a predatory animal attacked a zookeeper and where a bankrupt zoo neglected the animals therein. Against this backdrop, some members of the National Assembly of Korea (i.e., Jung-Ae Han, Ha-Na Chang, and Chang-Young Yang) proposed a legislation concerning zoos and, after a series of discussions and debates, the ‘Act on Management of Zoos and Aquariums’ was enacted on May 29, 2016.
The enactment of the Act has an important meaning as, for the first time in Korea, it introduces a management scheme for zoos and aquariums which have not been properly supervised from the perspective of laws. However, it should be noted that how it ends up being applied may greatly vary depending on the contents of the Enforcement Decree of the Act (the “Enforcement Decree”), such as the scope of the zoos and aquariums subject to registration, and that the possibility of amendment is not low considering the fact that the proposed legislation had been simplified by removing several systems initially included in the initial proposal and the necessity of amendment has been raised from the date of the enactment.
In this regard, this study aims (i) to explore the legal issues in relation to the Act which will be enforced as of May 30, 2017, (ii) to present advisable interpretation of the Act in consideration of the legislative history and intent; and (iii) to propose issues and items which should be considered in establishing the Enforcement Decree. Further, this study also explores the discussions suggesting the necessity of amendment and presents the legislative opinions with respect to the advisable direction of the amendment discourse.
Lastly, this study proposes an option to require a person operating zoo or aquarium businesses to purchase insurance or join an industry association as administrative countermeasures against unhealthy operation or closure of zoos and aquariums to prevent careless business operation which may result in neglecting the animals.

Contents

국문초록
Ⅰ. 들어가며
Ⅱ. 동물원수족관법의 주요 내용 및 쟁점
Ⅲ. 동물원수족관법의 향후 개선 과제
Ⅳ. 마치며
참고문헌
Abstract

References (0)

Add References

Related precedents (1)

1 / 1
  • 대법원 2016. 1. 28. 선고 2014도2477 판결

    동물보호법의 목적과 입법 취지, 동물보호법 제8조 제1항 각 호의 문언 및 체계 등을 종합하면, 동물보호법 제8조 제1항 제1호에서 규정하는 `잔인한 방법으로 죽이는 행위’는, 같은 항 제4호의 경우와는 달리 정당한 사유를 구성요건 요소로 규정하고 있지 아니하여 `잔인한 방법으로 죽이는 행위’를 하는 것 자체로 구성요건을 충족하고, 설령 행위를 정당화할

    View more

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Frequently Viewed Together

Recently viewed articles

View more

Comments(0)

0

Write first comments.

UCI(KEPA) : I410-ECN-0101-2017-360-001658542