People have kept bees for long time and recently, bee colonies managed in Korea are tending to increase from 115,000 (1961) to 1,240,000 (2000). Even so, there is no legal standard setting to judge legal conflicts related to apiculture. As problems ...

People have kept bees for long time and recently, bee colonies managed in Korea are tending to increase from 115,000 (1961) to 1,240,000 (2000). Even so, there is no legal standard setting to judge legal conflicts related to apiculture. As problems barely arose as an issue until now, we can assume that bee keepers have used habitual practice to solve a clash of views for long time.
A questionary survey was made to bee keepers to confirm the existence of habitual practice or countermeasures among them.
󰊱 According to the theory of civil law, naturally formed honey plant on a particular piece of land under one's possession belongs to the land owner. However, the survey shows only 9.2% of respondent know that the land owner can collect honey from it.
󰊲 As interpretation of law represents, the flying bees out of beehive are being ownerless. Yet, many bee keepers, who feels uneasy about return of bees from the moment they leave the hive, believe that the flying bees also come into their possession. In these days, as the number of damaged bees are increasing, many bee keepers are aware of necessity of legal system to protect honeybees from environmental pollution.
󰊳 In case the honeybee colony secedes from the beehive and be out of owner's sight, it becomes ownerless and anyone can acquire it by occupancy as stated in the analysis of civil law(§252 ③). While 45.9% of respondents understand that the owner of colony is the one who preoccupied it, 25.4% of people believe that it should be one's possession who keeps his bees near the uncultivated colony. It is obvious that clear rules should be made to promote mutual understanding among bee keepers.
󰊴 About the bees' return to other hives, which is set up by other people, instead of their owner, the operative law explains that it can be apprehended as correspondence of the bee colony to the empty hive. However, bee keepers' opinions vary in different localities. 32.8% of people said the bees belong to the original owner and the other side of view(31%) was that the bees belong to the owner of the beehive.
󰊵 In regard to bees that snatch honey stored in other hives and carry it to their own hive, looting bee colony's owner is not liable for the damages of the victim according to the habitual practice of bee keepers. It has also acknowledged by the court of law.
󰊶 66.4% of bee keepers responded that they have suffered damage on their bees from pesticide poisoning or environmental pollution. The causes of damage were agricultural chemicals, waste water, a flood disaster and noxious gas. When the bees are harmed, there's no other choice besides relying on the theory of an illegal act. Therefore, the problem arose that only small number of people demand for damages.
󰊷 7.7% of people said bee keepers are not responsible for the injuries on other people by a bee because there is no way to find out where the bee belongs to. Still, as 58.9% of bee keepers said they will accept the responsibility, it is assumed that they feel responsible for flying bees and cognize these bees as their possession even though bees are out of their hives.