농장동물 위해 관리의 법적 쟁점과 과제 ― 살충제 계란 사태와 조류독감ㆍ구제역 사태를 중심으로 ―

Abstract

We call modern society ‘risk society’. The deepening of industrial capitalism and the development of science and technology have presented us with the development of civilization and material affluence, but on the contrary, they are continuously creating new risks that could not be thought of earlier. In Korea too, real problems in risk society are coming to the fore as can be seen in the damage caused by chemicals such as humidifier disinfectants and the issue of the risk of GMOs. The law of risk appeared as a legal response to the risk society as such and the role of the law is being emphasized further. Risks are sometimes mediated by animals. In fact, in Korea, potential risks mediated by animals were sometimes expanded into real risks causing enormous damage to not only people’s lives and health but also properties. For instance, the situation of pesticide eggs, damage due to infectious diseases in domestic animals such as bird flu, foot-and-mouth disease, and mad cow disease, and the problem of abuse of growth accelerators were very sensitive social problems directly linked to the lives and health of the people. Risk management should be understood in a broad sense, including risk communication as well as risk assessment and analysis. Therefore, farm animal risk management can be said to refer to all the processes through which risks caused to humans and the ecosystem through mediation by farm animals are appropriately evaluated and managed to select the best measures and the measures are complemented and revised through risk communication among society members. Risks mediated by farm animals are closer to us than we think, and in fact, the adverse effects of such risks on human beings and the ecosystem can no longer be overlooked. Given that quick and active responses to risks are included in the responsibilities of the state of today, active roles of the government are required in farm animal risk management and systematic and policy legal response measures should be prepared now. In this article, the meaning of farm animal risk management was examined first followed by cases of farm animal risk management and problems in responses. Based on such problems, the legal task of farm animal risk management is examined in terms of risk laws, environmental laws, and animal laws.