현대적 동물권 운동과 동물해방전선에 관한 고찰

유선봉 중앙대학교 법학연구원 2010 法學論文集 Vol.34 No.1

Everything about animal rights is controversial. Its history is no exception. When the movement for animal rights began is difficult to say. It is generally accepted that the modern animal rights movement began with the publication in the middle of 1970s of Peter Singer's book, “Animal Liberation”, which has been regarded as the bible of the animal rights movement. In the 1980s and 1990s, the movement was joined by a variety of academic groups, including philosophers, lawyers, physicians and veterinarians. The movement aims to include animals in the moral community and to remove animals the status of property and to award them personhood that is legal rights to protect their basic interests. Generally speaking, animal rights is the concept that all or some animals are entitled to possess their own lives and that they are deserving of certain moral rights. This view rejects the concept that animals are merely property and is often confused with animal welfare which the philosophy that takes consideration of animal suffering into account. The modern animal rights movement consists of various animal protection organizations which can be devided into roughly three categories; Some see animals as objects of compassion, but acknowledges some boundaries between species. They seek to avoid animal cruelty. Others believe that animals deserve moral consideration, and their explicit goal is to eliminate all unnecessary suffering by redcing and replacing uses of animals. A third group argues that animals have absolute moral and legal rights to personal autonomy and self-determination. They seek total abolition of all animal exploitation. Animal rights activists have been becoming increasingly militant since the mid-1980s, and willing to threaten people, such as animal researchers as well as corporate employees. Inter alia, Animal Liberation Front(ALF) is an extreme, decentralized, non-membership based animal rights activist organization. ALF's objective is to end animal abuse by liberating animals from exploitative situations and carries out direct action against animal abuse in the form of rescuing animals and causing financial loss to animal exploiters. It is classified as a terrorist group by the FBI. The animal rights movement is now at a critical crossroads. It faces intense opposition from industries with vested economic interests. If the movement is to survive these challenges and achieve its goals, it needs both inner solidarity and goals as well as strong alliances with other similar organizations. What is more important, however, is to find the ways enhancing the status of animals in the legal system and to develop the attitude of the general public toward animals. Everything about animal rights is controversial. Its history is no exception. When the movement for animal rights began is difficult to say. It is generally accepted that the modern animal rights movement began with the publication in the middle of 1970s of Peter Singer's book, “Animal Liberation”, which has been regarded as the bible of the animal rights movement. In the 1980s and 1990s, the movement was joined by a variety of academic groups, including philosophers, lawyers, physicians and veterinarians. The movement aims to include animals in the moral community and to remove animals the status of property and to award them personhood that is legal rights to protect their basic interests. Generally speaking, animal rights is the concept that all or some animals are entitled to possess their own lives and that they are deserving of certain moral rights. This view rejects the concept that animals are merely property and is often confused with animal welfare which the philosophy that takes consideration of animal suffering into account. The modern animal rights movement consists of various animal protection organizations which can be devided into roughly three categories; Some see animals as objects of compassion, but acknowledges some boundaries between species. They seek to avoid animal cruelty. Others believe that animals deserve moral consideration, and their explicit goal is to eliminate all unnecessary suffering by redcing and replacing uses of animals. A third group argues that animals have absolute moral and legal rights to personal autonomy and self-determination. They seek total abolition of all animal exploitation. Animal rights activists have been becoming increasingly militant since the mid-1980s, and willing to threaten people, such as animal researchers as well as corporate employees. Inter alia, Animal Liberation Front(ALF) is an extreme, decentralized, non-membership based animal rights activist organization. ALF's objective is to end animal abuse by liberating animals from exploitative situations and carries out direct action against animal abuse in the form of rescuing animals and causing financial loss to animal exploiters. It is classified as a terrorist group by the FBI. The animal rights movement is now at a critical crossroads. It faces intense opposition from industries with vested economic interests. If the movement is to survive these challenges and achieve its goals, it needs both inner solidarity and goals as well as strong alliances with other similar organizations. What is more important, however, is to find the ways enhancing the status of animals in the legal system and to develop the attitude of the general public toward animals.

포괄적 동물복지를 위한 국제적 논의와 조약화 검토

유선봉 한국외국어대학교 법학연구소 2015 외법논집 Vol.39 No.3

Many countries have laws, regulations and strategies that aim to protect animal protection or animal welfare. However, legal protection of animal welfare varies widely from enforceable animal welfare standards in typically developed countries, to the absence of such standards in typically less developed countries. Currently, there is no comprehensive, global agreement or treaty to protect the welfare of animals. Given the lack of an international consensus on comprehensive animal welfare, a number of proposals have been put forward. These include the Universal Declaration Animal Welfare, the International Convention for the Protection of Animals and the OIE’s standards on animal welfare. This article explores the three proposals on comprehensive animal welfare in detail and discusses obstacles and methods to overcome them for making a treaty. The prospects of establishing any new international agreement for animal welfare in the short term are not promising. However, it would be possible to adopt the Universal Declaration Animal Welfare by UN. The draft of the Universal Declaration Animal Welfare will shortly be submitted to the UN for consideration. The more pressure that is put on governments to sign onto the Universal Declaration Animal Welfare, the more likely the goals of the groups initiating the adoption of the draft by UN will be realized. It would, ultimately, lead to the development of a Convention on Animal Welfare that contains legally binding provisions. 오늘날 동물의 보호 및 복지문제는 국제사회에서 사회정의 구현차원에서 아직 해결되지 않은 주요 문제 중 하나이다. 특히 동물복지의 법적 보호문제는 국가별로 매우 다양하다. 일반적으로 선진국들은 실질적인 동물복지 기준이 마련되어 시행되고 있는 반면에 대다수의 개발도상국이나 후진국의 경우에는 그 기준이 전혀 존재하지 않거나 실효성이 없다. 현재 국제사회에는 특정 동물의 보호나 복지증진을 위한 국제적 논의와 협약은 존재하고 있지만 포괄적 동물보호 또는 복지증진을 위한 범세계적인 일반조약은 아직 존재하고 있지 않다. 그러나 현재까지 포괄적 동물복지 보호를 위한 대표적인 국제적 기준 및 선언으로는 세계동물보건기구(OIE)에서 규정하고 있는 동물복지 기준과 국제동물보호협약 초안, 세계동물복지선언이 있다. 이러한 논의가 실효성을 갖기 위해서는 법적 구속력을 부여할 수 있는 조약화 작업이 필요하다. 그러나 이러한 조약화 노력의 주요 장애요인으로 상이한 각국들의 이해관계와 동물관계 기업들의 로비를 들 수 있다. 따라서 이러한 현실적인 여건을 감안하여 조약화라는 궁극적인 목적달성을 위해서는 점진적인 방법으로 접근하는 것이 효과적이라고 판단된다. 즉 제1단계로 동물복지에 관심있는 국가나 세계동물보호(WAP) 등 국제적인 NGO들이 주도하여 국제회의에서 동물복지에 관한 논의를 거쳐 공동선언문을 채택하고, 제2단계로 이 선언문이 유엔과 같은 전 세계적인 국제기구나 국제회의에서 이른바 연성법(soft law) 형태의 공동선언문을 채택하도록 하거나 또는 더 많은 국가들의 동참을 유도하기 위하여 기본원칙 중심의 내용과 효력에 유연성을 두는 기본조약(framework agreement) 형태로 채택할 수도 있을 것이다. 현재 국제사회의 다수 국가와 NGO들은 세계동물복지선언이 동물의 복지 증진을 위한 중요한 시금석으로 판단하고 유엔에 의해 채택될 수 있도록 다양한 노력을 하고 있다. 만일 유엔에 의해 세계동물복지선언이 공식적으로 채택된다면, 비록 법적으로 구속력은 없지만 회원국들의 동물관련법 및 정책수립시 윤리적인 가이드라인으로서의 역할은 충분히 할 수 있을 것이다.

海外拉致行爲의 國際法的 考察 : United States v. Alvarez- Machain 사건을 중심으로

유선봉 광운대학교 법과대학 비교법연구소 2000 광운비교법학 Vol.- No.1

미국의 법무전력인력 양성제도 - 준법조인 양성을 중심으로-

유선봉 광운대학교 비교법연구소 2004 광운비교법학 Vol.- No.5

흰쥐에서 ketamine에 의한 혈압하강

유선봉,김상진,이문영,강형섭,김진상 한국임상수의학회 2005 한국임상수의학회지 Vol.22 No.3

濠洲 反덤핑法上 貿易措置再審制度

유선봉 법무부 2002 통상법률 Vol.- No.48

On 24 Feruary 1998 the Australian Government announced changes to Australia's antidumping and countervailing administration. The changes took effect from 24 July 1998. The Australian Customs Service is now the sole agency responsible for antidumping and countervailing investigations, and a new independent administrative appeal mechanism was created with the establishment of the Trade Measures Review Officer. The Review Officer is a statutory appointment made by the Minister for Justice and Customs, and supported by the Trade Measures Review Secretariat. The Review Officer's function is to review, upon application, certain decisions made by the Minister or by the Chief Executive Officer of the Australian Customs Service. The primary purpose of this study is to introduce and analyze the antidumping appeal review process conducted by the Trade Measures Review Officer, who is a specialized independent administrative appeal body located in the Attorney-General's Department. This paper is not intended to provide a comprehensive discussion of the antidumping law of Australia. Rather, It deals mainly with (i) a brief history of Australia's antidumping laws and investigation process, (ii) the functions of the Trade Measures Review Officer and the procedures for review, (iii) an analysis of actual cases involved in the reviews by the Trade Measures Review Officer, and (iv) an overall evaluation of the system and some suggestions.

뉴질랜드 동물복지법과 대형유인원 프로젝트∶대형유인원의 법적 지위와 문제점

유선봉 중앙대학교 법학연구원 2011 法學論文集 Vol.35 No.1

When New Zealand's parliament passed the Animal Welfare Act 1999 which banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. New Zealand became a world leader in great ape protection. The first part of this paper briefly examines the history, major features, animal welfare code, enforcement and penalties of the Act. It analyzes, thereafter, relevant provisions relating to great ape. Part III of this article discusses the Great Ape Project, explaining a United Nations Declaration of the Rights of Great Apes and practices of major countries. As is well known, all members of the Homindae Family, such as humans, chimpanzees, bonobos, gorillas, and orangutans, share complex cognitive aptitudes. However, only humans have legal rights to life and personal security. And also great apes have been classified as endangered species due to deforestation, hunting and wars etc. Under these circumstances, the book titled "Great Ape Project" was published by 34 authors, in 1993. The authors argues that humans are intelligent animal with social, emotional, and cognitive life. If great apes also display such attribues, they deserve the same consideration humans extend to members of their own species. In the same year, an international organization of the same name was established by primatologists, anthropologists, ethicists, and other experts who advocate a United Nations Declaration of the Rights of Great Apes that would confer basic legal rights on non-human great apes. The Great Project ultimately seeks full moral and legal personhood for great apes. This paper explores, thereafter, the reasoning behind the United States Court of Appeals for the District of Columbia's decision in Animal Legal Defense Fund, Inc.(ALDF) v. Glickman which is a landmark decision for promoting humane treatment for animals. It attempts to analyzes, in particular, the standing requirements which are injury in fact, causation, redressability and zone of interests. In the last part of this paper, it proposes several solutions for protecting fundamental interests of animals, particularly great apes such as granting legal standing to great ape, introduction of a guardian system and a private right of action provisions etc. The most desirable solution would be to permit plaintiffs, such as animal welfare organizations and individuals meeting the standing requirements, to represent animals and assert claims on behalf before a court. It is expected that the proposals mentioned above can be actualized in the near future through the efforts of animal welfare organizations, individuals, the judiciary and Congress.

뉴질랜드 동물복지법과 대형유인원 프로젝트 : 대형유인원의 법적 지위와 문제점

유선봉(Yu, Seon-Bong) 中央大學校 法學硏究所 2011 法學論文集 Vol.35 No.1

When New Zealand’s parliament passed the Animal Welfare Act 1999 which banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids’ best interests. New Zealand became a world leader in great ape protection. The first part of this paper briefly examines the history, major features, animal welfare code, enforcement and penalties of the Act. It analyzes, thereafter, relevant provisions relating to great ape. Part Ⅲ of this article discusses the Great Ape Project, explaining a United Nations Declaration of the Rights of Great Apes and practices of major countries. As is well known, all members of the Homindae Family, such as humans, chimpanzees, bonobos, gorillas, and orangutans, share complex cognitive aptitudes. However, only humans have legal rights to life and personal security. And also great apes have been classified as endangered species due to deforestation, hunting and wars etc. Under these circumstances, the book titled “Great Ape Project” was published by 34 authors, in 1993. The authors argues that humans are intelligent animal with social, emotional, and cognitive life. If great apes also display such attribues, they deserve the same consideration humans extend to members of their own species. In the same year, an international organization of the same name was established by primatologists, anthropologists, ethicists, and other experts who advocate a United Nations Declaration of the Rights of Great Apes that would confer basic legal rights on non-human great apes. The Great Project ultimately seeks full moral and legal personhood for great apes. This paper explores, thereafter, the reasoning behind the United States Court of Appeals for the District of Columbia’s decision in Animal Legal Defense Fund, Inc.(ALDF) v. Glickman which is a landmark decision for promoting humane treatment for animals. It attempts to analyzes, in particular, the standing requirements which are injury in fact, causation, redressability and zone of interests. In the last part of this paper, it proposes several solutions for protecting fundamental interests of animals, particularly great apes such as granting legal standing to great ape, introduction of a guardian system and a private right of action provisions etc. The most desirable solution would be to permit plaintiffs, such as animal welfare organizations and individuals meeting the standing requirements, to represent animals and assert claims on behalf before a court. It is expected that the proposals mentioned above can be actualized in the near future through the efforts of animal welfare organizations, individuals, the judiciary and Congress.

현대적 동물권 운동과 동물해방전선에 관한 고찰

兪先奉(Yu, Seon-Bong) 中央大學校 法學硏究所 2010 法學論文集 Vol.34 No.1

Everything about animal rights is controversial. Its history is no exception. When the movement for animal rights began is difficult to say. It is generally accepted that the modern animal rights movement began with the publication in the middle of 1970s of Peter Singer's book, “Animal Liberation”, which has been regarded as the bible of the animal rights movement. In the 1980s and 1990s, the movement was joined by a variety of academic groups, including philosophers, lawyers, physicians and veterinarians. The movement aims to include animals in the moral community and to remove animals the status of property and to award them personhood that is legal rights to protect their basic interests. Generally speaking, animal rights is the concept that all or some animals are entitled to possess their own lives and that they are deserving of certain moral rights. This view rejects the concept that animals are merely property and is often confused with animal welfare which the philosophy that takes consideration of animal suffering into account. The modern animal rights movement consists of various animal protection organizations which can be devided into roughly three categories; Some see animals as objects of compassion, but acknowledges some boundaries between species. They seek to avoid animal cruelty. Others believe that animals deserve moral consideration, and their explicit goal is to eliminate all unnecessary suffering by redcing and replacing uses of animals. A third group argues that animals have absolute moral and legal rights to personal autonomy and self-determination. They seek total abolition of all animal exploitation. Animal rights activists have been becoming increasingly militant since the mid-1980s, and willing to threaten people, such as animal researchers as well as corporate employees. Inter alia, Animal Liberation Front(ALF) is an extreme, decentralized, non-membership based animal rights activist organization. ALF's objective is to end animal abuse by liberating animals from exploitative situations and carries out direct action against animal abuse in the form of rescuing animals and causing financial loss to animal exploiters. It is classified as a terrorist group by the FBI. The animal rights movement is now at a critical crossroads. It faces intense opposition from industries with vested economic interests. If the movement is to survive these challenges and achieve its goals, it needs both inner solidarity and goals as well as strong alliances with other similar organizations. What is more important, however, is to find the ways enhancing the status of animals in the legal system and to develop the attitude of the general public toward animals.

미국의 동물학대금지법과 그 시사점 : 한국의 동물보호법상 문제점과 개선방안

유선봉 ( Seon Bong Yu ) 안암법학회 2008 안암 법학 Vol.0 No.26