Abandoned at Pet Hotel for 3 Years Without Contact... Abandonment of Consigned Animals in Legal Blind Spot

Cases of pets being left at pet hotels or veterinary hospitals and left uncollected for extended periods, effectively resulting in abandonment, continue to occur.

Under current laws, the scope of abandonment has been interpreted primarily around public spaces, leading to differing judgments between investigative agencies and competent authorities, creating legal blind spots where boarding facilities are left to shoulder care costs and management responsibilities.
Today (9th), Person A, who operates a pet hotel in Cheonan, South Chungcheong Province, started taking care of a dog entrusted by pet owner Person B in 2022. However, after paying about 10 months' worth of boarding fees, Person B cut off contact and failed to pay additional costs for about three years, while also failing to pick up the dog.

Person A contacted Person B multiple times with requests along the lines of, "You don't have to pay the boarding fees, so please just take your dog back," and later pleaded, "Please, at least get in touch," but never received a response.

Person A concluded that it was difficult to continue providing care for an extended period because Person B's dog frequently barked through the night and showed aggression, which could affect the safety of other dogs, and thus inquired about transferring the dog to an animal protection center.

Subsequently, the owner was identified through the dog's internal microchip, and a report of abandonment was filed at the protection center, initiating a police investigation.

However, the police reportedly concluded that it was difficult to view Person B as having had eventual intent to abandon the animal, based on the fact that the dog was continuously cared for at a boarding facility rather than on the streets.

Person A expressed frustration, stating, "The police explained to me that 'Person B has been living as a daily laborer, is facing financial hardship, and could neither pay the boarding fees nor pick up the dog.' I explained that I had been advised by the Ministry of Agriculture, Food and Rural Affairs, which oversees the Animal Protection Act, that failing to pick up an animal after leaving it at a boarding facility can also constitute abandonment, but my explanation was not accepted."

The current Animal Protection Act defines "lost and abandoned animals" as animals that are wandering or left behind without an owner in public places such as roads and parks.

Looking strictly at this regulation, a dog left at a hotel has an owner and is being protected by a boarding facility, meaning it is not readily seen as falling directly under the category of lost and abandoned animals stipulated by the law.

The Ministry of Agriculture, Food and Rural Affairs maintains the stance that leaving an animal at a boarding facility with the intent to abandon it and failing to retrieve it can also constitute abandonment.

An official from the Ministry of Agriculture, Food and Rural Affairs explained, "There are cases where courts judged a owner's act of leaving an animal behind while moving as abandonment. Regarding criminal punishment, it is necessary to respect the judgment of investigative agencies, but police sometimes interpret the scope of abandonment narrowly, viewing such cases as private contract disputes and closing them with no charges."

Legal circles and experts point out that for animals left neglected in boarding facilities for extended periods, the intent to abandon should be carefully assessed based on specific circumstances.

Attorney Kim Dohee, co-representative of Lawyers for Animal Rights, stated, "Whether there was an agreement on the return period, the fact that the animal was not retrieved for years despite repeated requests for pickup, and the failure to pay costs and loss of contact are factors that the police can investigate to determine intent to abandonment."

Attorney Kim also pointed out, "This is a problem where institutional gaps and passive investigation are combined, leaving the costs and legal burden on the operator who cared for the animal over a long period."

Lee Jin-hong, a professor of Smart Animal Health Convergence at Konkuk University, explained, "If a boarding facility arbitrarily transfers an animal to a protection center or elsewhere, disputes regarding responsibility could arise if the owner later returns to claim it. Conversely, legal issues such as claims for damages can also arise if an owner claims they will pick up the animal but fails to take custody for a long time or pay the costs."

He added, "If a dog stays at a hotel for a long time and suffers due to stress from changes in its living environment and is continuously left in that environment without unavoidable reasons even though other options exist, the possibility of it constituting animal abuse can also be reviewed."

The Ministry of Agriculture, Food and Rural Affairs stated that it is pursuing amendments to the Animal Protection Act to resolve these legal vacuums.

During a plenary meeting on the 2nd, the National Assembly's Agriculture, Food, Rural Affairs, Oceans and Fisheries Committee voted on an amendment to the Animal Protection Act that establishes a new definition of abandonment and expands the scope of lost and abandoned animals from public places to include veterinary hospitals and animal boarding businesses.

The amendment still leaves procedures such as review by the Legislation and Judiciary Committee and a vote at the National Assembly plenary session.

The Ministry of Agriculture, Food and Rural Affairs expects that the amendment procedures could be completed and promulgated as early as the end of this year.

Attorney Kim Dohee said, "It is necessary to explicitly specify under the Animal Protection Act that leaving an animal at a veterinary hospital, hotel, grooming salon, or training center, and refusing to take custody without justifiable cause or cutting off contact after the agreed period has passed and a substantial period and number of pickup requests have been made, constitutes abandonment."

She emphasized, "Procedures must be established so that if a consignment business submits contracts, pickup request records, and cost details, the police and local governments can identify and notify the owner, and transition the animal in question to a public protection system after meeting certain requirements."

(Photo: Provided by reader, Yonhap News)
※ Please note: This article was translated by AI and may contain errors.