Daegu Criminal Attorney Case | Assisting a Victim of Negligent Injury Caused by a Companion Dog, Resulting in a Fine for the Defendant

The client who requested the Daegu criminal attorney's assistance visited the store operated by the defendant in order to ask the defendant to extend the deadline for repayment of a loan.

While they were talking in the office inside the store, the defendant said he no longer wished to continue the conversation and opened the office door, and the dog that the defendant kept outside the office lunged at the client and bit the jaw area and other parts.

As a result, the victim sustained injuries requiring approximately three weeks of treatment, yet the defendant did not offer a single word of apology.

The client sought to file a criminal complaint against the defendant on charges of negligent infliction of injury and violation of the Animal Protection Act, and requested Daeryun to represent the filing of the complaint.

When a dog owner takes the companion dog out, the owner must take the 'safety measures such as a leash' prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. The safety measures are set out in detail in the Enforcement Rule of the Animal Protection Act.

Where a companion dog has bitten a person, the criminal liability of the offending dog owner is as follows.

① Violation of the Animal Protection Act

Where the owner of a companion dog violates the duty to take safety measures and thereby causes the death of a person or causes bodily injury to a person, the owner is subject to imprisonment for up to three years or a fine of up to 30 million won.

② Negligent Infliction of Injury / Negligent Homicide

This is a crime that is established by injuring the body of a person or causing the death of a person through negligence.

In the case of negligent infliction of injury, the penalty is a fine of up to 5 million won, detention*, or a minor fine, and in the case of negligent homicide, the penalty is imprisonment without labor for up to two years or a fine of up to 7 million won.

* Detention: confining an offender in a prison or a police station holding cell for a period of at least one day and less than 30 days, thereby restricting the offender's liberty

According to the Animal Protection Act, the owner of an animal must manage a registration-subject animal so that it does not stray from the place where it is kept.

However, the firm argued that at the time the victim experienced the incident above, the owner failed to properly take safety measures such as putting a leash on the dog or using a muzzle, and thereby caused injury to the client.

The Daegu criminal attorney also argued the charge of occupational negligence causing injury against the defendant.

The place where the victim experienced the incident above was a restaurant operated by the defendant. Because a restaurant has many visitors and there is a risk that the dog may bite and injure a visitor, the dog owner has a duty of care to take safety measures and thereby prevent in advance incidents such as the dog lunging at or biting a person.

However, the firm argued the charge of 'occupational negligence causing injury' on the ground that the defendant neglected this duty and thereby caused the harm.

Keeping a companion dog requires proper training and the accompanying sense of responsibility.

If, like the victim above, you suffer harm because a dog owner has violated the duty of care necessary to prevent a dog-bite incident, you may, like the client, file a criminal complaint, and you may also bring a claim for damages to seek civil liability.

If you have experienced a dog-bite incident, it is advisable to take appropriate measures together with an attorney specializing in this field in order to obtain compensation. If you need assistance, you are welcome to visit the Daegu criminal attorney at Daeryun at any time.