養蜂人의 法的 保護

• 영문명: Legal Protection of Apiculturists
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 문흥안(Heung-Ahn Moon)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 1~26쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

Today’s apiculture is recognized as a part of agriculture. Unlike other livestock industries, this field of industry has a specialty in that bee-keeping itself is not for benefits of farmhouses but it is used as the means of production. Bees should be legally protected as a properties of farmers. However in reality, it is hard to find any rules for protection of bee-keepers or dispute mediation among them. There are only three regulations relevant to honey bees: Civil Code Art.252 Claus3, Art.750 and Art.759. Ultimately, problems about bee-keeping stay out of boundary of law. In this vein, this paper investigates possible disputes among apiculturists and the ways and customs to arbitrate the damages by examining customs, other countries’ legislations and leading cases. The major points of this paper are as below. First, the class of honey bees are uncertain between wild animal and cultivated animal because of their wildness and homing instinct. It is recommended to see the examples of German Civil code Art.960 Clause3 or Swiss Civil code Art.719 Clause1 to clearly distinguish the possession of flying bees and interpretate the Civil code Art.252 Clause3 based on them. Second, the matter of hiving off, which originated from honey bees’ unique characteristics, are studied in two different ways. One is when bees fail to chase swarm and return to the wild. The other is when they move in to other hives after missing their swarms. Third, in case of others' bees taking honey from own hives, the bee keepers are obligated to have their own countermeasures against honey stealing. This interpretation corresponds to bees' natural habits and precedents. Fourth, there should be a special law enacted about damages of bees by pesticide and air pollution to mediate bee keepers’ interests. Fifth, there is great needs of special rules for protection and increase of honey plants.

목차

Ⅰ. 서론

Ⅱ. 꿀벌과 벌꿀의 귀속

Ⅲ. 分蜂을 둘러싼 法理

Ⅳ. 盜蜂을 둘러싼 法理

Ⅴ. 양봉 중의 피해

Ⅵ. 蜜源을 둘러싼 법리

Ⅶ. 결론

참고문헌

Abstract