21 Animal L. 29 (2014-2015)
Dog Meat Trade in South Korea: A Report on the Current State of the Trade and Efforts to Eliminate It

handle is hein.journals/anim21 and id is 35 raw text is: 








           DOG MEAT TRADE IN SOUTH KOREA:
 A REPORT ON THE CURRENT STATE OF THE TRADE
              AND EFFORTS TO ELIMINATE IT

                                  By
                          Claire Czajkowski*

   Within South Korea, the dog meat trade occupies a liminal legal space-
   neither explicitly condoned, nor technically prohibited. As a result of ex-
   isting in this legal gray area, all facets of the dog meat trade within South
   Korea-from dog farms, to transport, to slaughter, to consumption-are
   poorly regulated and often obfuscated from review. In the South Korean con-
   text, the dog meat trade itself not only terminally impacts millions of canine
   lives each year, but resonates in a larger national context: raising environ-
   mental concerns, and standing as a proxy for cultural and political change.
   Part IH of this Article describes the nature of the dog meat trade as it oper-
   ates within South Korea; Part III examines how South Korean law relates to
   the dog meat trade; Part IV explores potentially fruitful challenges to the
   dog meat trade under South Korean law; similarly, Part V discusses grow-
   ing social pressure being deployed against the dog meat trade.

      I. INTRODUCTION    ......................................... 30
      II. STATE OF THE  ISSUE  ................................... 32
         A. Scope of the Dog Meat Trade in South Korea ............ 32
         B. D og Farm s  ............................................ 33
         C. Slaughter M ethods .................................... 35
         D. Markets and Restaurants .............................. 37
    III. SOUTH KOREAN CULTURE AND LAWS ................. 38
         A. Society and Culture ................................... 38
         B. Current Laws .......................................... 40
             1. Overview of Korean  Law  ............................ 40
               a. Judicial System ................................ 41
               b. Sources of Law ................................. 42
             2. Animal Protection  Act .............................. 42
               a. Recently Passed Amendments .................... 45
               b. Recently Proposed Amendments .................. 46
         C. Legal Status of Dog Meat: A Gray Area ................. 47
             1. Restrictions on  Dog  Meat ........................... 49
             2. Legal Uncertainty  .................................. 50
    IV. LEGAL CHALLENGES TO THE DOG MEAT TRADE ...... 50
        A.  Animal Welfare ....................................... 52

   *  Claire Czajkowski 2014. J.D. 2014, Lewis & Clark Law School. I credit and
thank Rosalyn Morrison for her advisement and work on this issue. In addition, thanks
and appreciation to Nicholas Fromherz, J.D., for his thoughtful insight and suggestions.
The views expressed and all errors remain my own.

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