Pet Injury Accidents at Dog Daycare: What Are the Legal Standards Between Discipline and "Animal Abuse"?

As Korea enters an era of 15 million people raising companion animals, the usage of consignment facilities such as dog daycares and dog training centers is increasing. However, accidents in which dogs are injured or lose their lives within such facilities also occur, and related legal disputes are rising sharply. In particular, when an accident occurs and the business side claims it was "legitimate training" or a "disciplinary process," fierce courtroom battles often break out over whether it can be regarded as animal abuse.

Recently, an important Supreme Court ruling was issued that distinguishes between disciplining a dog and animal abuse. The Court affirmed the lower court's ruling of a 3 million won fine against a trainer who, when a 10-year-old poodle entrusted to the dog daycare he ran bit his hand, pressed down on the dog for about 14 minutes, causing an injury in which its teeth fell out. At the time, the trainer denied the charges, claiming it was dominance-establishing training to prevent the dog from biting other dogs or people, but the court's judgment was different.

What was the basis on which the Supreme Court and the lower court determined the trainer's act to be a clear violation of the Animal Protection Act? The court held that a violent act cannot be justified merely because there was a purpose of raising or training. It pointed out that an adult male weighing more than 80 kg pressing down for a long time on a small dog weighing only 3.5 kg was an excessive exercise of physical force that did not consider the difference in weight class, and that he ignored other available means of control. It also held that, since he should have minimized the suffering from the moment he recognized that a problem had arisen with the dog's teeth yet continued the pressing act, at least dolus eventualis (conditional intent) was recognized.

A point to note is that such animal abuse does not end as a single crime. Under current law, companion animals are classified as property (objects). Therefore, where a person intentionally injures or causes the death of a dog entrusted to them by another, not only a violation of the Animal Protection Act but also the crime of property damage under the Criminal Act may be applied jointly, resulting in aggravated punishment. Furthermore, criminal punishment of the perpetrator does not mean all procedures are concluded. The victimized pet owner may, separately from the criminal complaint, pursue a civil claim for damages against the perpetrator. Beyond the refund of already-paid training and daycare fees, claims are possible for the dog's treatment costs and consolation money for emotional distress.

Consignment-animal accidents occurring at dog daycares or training centers often take place in closed spaces, making it very difficult to secure evidence early on. A victimized pet owner should immediately secure CCTV footage as soon as the incident occurs and carefully obtain the veterinarian's specific diagnosis and opinion letter. In addition, preserving recordings of calls or messenger conversation histories exchanged with the business immediately after the accident can serve as circumstantial material to prove negligence or intent. Conversely, if one is unjustly accused of animal abuse despite an accident that occurred during an unavoidable training process, one must prove that the measure at the time was the minimum control absolutely necessary for training. The key to defense is to promptly secure the original CCTV footage capturing the dog's sudden behavior, opinion letters from experts in the same industry, and the behavioral assessment records and consent forms written before admission.

Attorney Kwon Min-kyung of Daeryun Law Firm said, "Disputes involving companion animals easily escalate into emotional battles mixed with anger and frustration over a family member being harmed," adding, "But in court, clear facts and objective evidence—rather than emotional appeals—determine victory or defeat. If you have suffered unjust harm or been drawn into a dispute, from the early stage of the case, systematically responding with the assistance of an expert with a high understanding of the Animal Protection Act and criminal cases as a whole is what

[Read Full Article]\nPet Injury Accidents at Dog Daycare: What Are the Legal Standards Between Discipline and "Animal Abuse"?\r (Go to Link)\n