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Discerning and estimating approach of cost-benefit for animal welfare policies: focused on legal consistency and emotional utility
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동물복지정책의 비용편익 식별 및 추정방안 - 법적 정합성 및 감정적 효용을 중심으로 -

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Type
Academic journal
Author
Journal
Law & Policy Institute 법과정책 법과정책 제26권 제1호 KCI Accredited Journals
Published
2020.1
Pages
1 - 25 (25page)

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Discerning and estimating approach of cost-benefit for animal welfare policies: focused on legal consistency and emotional utility
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This article discusses discerning and estimating approach of cost-benefit for animal welfare policies. Our Constitution grants freedom, responsibilities, duties and right only to humans, and Framework Act on Administrative Regulations is applied only to citizens. Therefore, in order to maintain legal consistency, who taking costs or benefits in Regulatory Impact Assessment(RIA) conducted in accordance with the Framework act on Administrative Regulation should be only humans, not animals, even for regulatory policies related to animal welfare. On the other hand, since RIA aims to determine whether it is a reasonable regulation, based on the overall social gains and losses that will occur by introduction of regulatory policies, social needs for raising animal welfare levels should be considered as one of determinants when it comes to animal welfare policy. However, in order to consider benefits of animal welfare but limit its beneficiaries to humans, we set the value of emotional utility (mainly in the form of empathy) of human and consider its process. The size of emotional utility might be related to affinity, compassion and justice for animals. To measure quantified benefits, we need not only monetary value of the emotional utility but also how much the policy effects on animal welfare. For this reason, the cases of foreign countries and effects of domestic policies should be researched even further. If animal welfare regulations increase production costs while the livestock industry maintains the most optimal size and price, in the short run, the costs are bound to outweigh the benefits. In this case, the emotional utility value need to be discussed to make comprehensive and rational decision- making.

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