Supreme Court grants custody of dog to owner, not person who raised dog for years

A year-long custody battle for a golden retriever ended with South Korea's top court ruled in favor of the woman who purchased the dog, not the woman who raised the dog for several years.

In the civic case involving the transfer of corporeal movable — a legal term for assets other than immovable ones like real estate — a woman challenged her son's former girlfriend for custody of the dog. Despite the ex-girlfriend having legal ownership, she claimed ownership on the grounds that she had been the primary caregiver of the retriever since at least 2020.

But the Supreme Court on Wednesday upheld a lower court ruling against the plaintiff from May, saying the defendant did not explicitly express her will to hand over the ownership of the animal.

The dispute over custody of the golden retriever dates back to August 2017, when the defendant adopted the dog. The defendant, who was dating the plaintiff's son at the time, frequently asked the plaintiff to take care of the dog — including leaving the dog at her home for 20 straight days at one point.

In August 2020, the defendant moved into a home that did not allow pets and entrusted the retriever to the plaintiff.

When the defendant's relationship with the plaintiff's son ended in February of last year, she took the dog from the plaintiff's home without her knowledge, leading to litigation.

An administrative court ruling of the case initially ruled that the dog should be returned to the plaintiff, saying a pet dog forms an emotional attachment with people that should not be destroyed in such a unilateral form. But the ruling was overturned by an appellate court and confirmed by the Supreme Court.