공동주택 관리규약상 반려동물 사육규정에 관한 법적 고찰

Abstract

Recently, disputes in connection with animals are increasing due to increasing with pet owners in Apartment Buildings. There are currently not equipped a clear criteria or laws that could arrange the disputes relating to breeding animals in the apartment house. In this article, we tried to interpret the unfinished existing law in relating to breeding animals in the Apartment house. In particular, we would discuss the animal breeding regulations in the apartment house under Apartment Management Rules. We did a categorization the animal breeding regulations in the apartment house under Apartment Management Rules as ① that the residents of a apartment house could breed a companion animal but should have the agreement of the management authority, ② that the residents of a apartment house could’t breed a companion animal, ③ that there are revised a Apartment Management Rule. We attempted to propose a reasonable basis about the legal issues that can be generated in each type on the basis of the current law. However, there is a limit to interpretate a Apartment Management Rules in a situation not equipped with related laws. Therefore, we need to set clear criteria about the animal breeding in the apartment house over the next follow-up study and the legislation. At the same time, each apartment house should continue an effort to prevent a conflict in relation the animal breeding regulations in the apartment house under Apartment Management Rules by clarification their Apartment Management Rules.