인간의 법을 통해 바라본 동물의 죽음에 관한 소고 : The Animal Death Contemplated Through Human Law

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서울대학교 법학연구소
법학, Vol.50 No.1, pp. 191-224
동물의 죽음동물의 법적 지위동물생명윤리동물법제animal deathKorean animal Lawenvironmental ethicanimal bioethicsanimal Legal환경윤리
Animals are used for humans lives in various ways. Mostly, it is for our benefits

on the condition that they are to die. Therefore, animal usages that leads to their

death are conducted based on legal justification. Yet the animal life is also

controlled by natural bio-system as human life does. So, for justifying unnatural

curtailment of animal life, ethically justifying with universally acceptable reasons

would be required other than simple reasons based on human interests, customs,

and amusements.

Therefore, this article tries to answer following questions in logical perspectives:

First, which rationalization for reality is underlying under the positive legal

justification for animal use? Second, what critical arguments against those

justification are. To carry out such topics, this research takes following steps: First,

this article will discuss the relation between animal death and human life in Korean

society. Second, this study will review the animal legal status in Korea and current

Korean laws covering animal death. Lastly, it will analyze arguments of

rationalization and critiques of its reality. Especially, when it comes to the

arguments concerning the diverse critiques, this study will focus on Singers

utilitarianism, Regans animal right theory, and environmental ethics. Through the

above arguments, this article seeks to find the more catholic ethics on how human

should deal with animals.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
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