미국의 동물학대 행위 유형과 그 처벌 수준, 그리고 우리의 동물보호법

Abstract

The main purpose of this study was to examine the U.S. animal cruelty prohibition regulations through federal law and the laws of various states, to examine the parts that need inspection among Korea's animal cruelty regulations, and to suggest the direction. The regulations banning animal abuse at the federal level were enacted in 1999 and revised in 2019 to expand the scope of the act, and the punishment standard was also raised to a maximum of 7 years. In the case of state law, with the enactment of South Dakota's Animal Cruelty Act in 2014, all states in the United States now have animal cruelty regulations, and through recent revisions, all acts that were previously considered misdemeanors are treated as felonies, and animal cruelty acts are also strictly punished. The punishment trend is getting tougher. Rather than simply raising the statutory penalty, and treating fine-eligible acts as a comprehensive crime, a fine is imposed for each violation or for each number of animals abused, or in states with low maximum statutory penalties, the fine standard is set significantly higher to punish abusers. Strict financial burdens have also been found. In general, acts that cause unnecessary pain to animals, animal fighting, and sexual abuse against animals were punished most severely. In the case of animal fighting or gambling, not only the instigator but also all those who participated in the process of making the illegal act possible were punished. In addition, dyeing and piercing of pets was prohibited, and removing claws or vocal cords for humans was also prohibited. By reviewing the laws prohibiting animal cruelty in the United States, this study proposed the need to define various types of animal cruelty as prohibited, factors for aggravating punishment, and establishing an independent animal cruelty department for prosecutors and police in Korea.