@article{ART001315043},
author={윤수진},
title={A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea},
journal={Public Land Law Review},
issn={1226-251X},
year={2008},
volume={42},
pages={365-384}
TY - JOUR
AU - 윤수진
TI - A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea
JO - Public Land Law Review
PY - 2008
VL - 42
IS - null
PB - Korean Public Land Law Association
SP - 365
EP - 384
SN - 1226-251X
AB - This research aims to study the legal issue of farmland law of Korea that is dealing with farmland acquisition performed by private enterprise.
In large-scale estate development, private enterprise should purchase a vast extent of land to continue their own development. And in many cases, farmland is included in their target land. But in current Korean farmland law, strict restriction is provided to purchase farmland when a purchaser is not a farmer or prospective farmer. This kind of restriction is called “Land to the tillers Principle” and this principle is expressly stipulated in Korean Constitutional Law. And this priciple is based on the serious reflection about past abuses of the tenant-farming system.
But on the other hand, the idea of following this principle blindly can also raise concerns about increase of public expenses, contraction in land-development business, etc,.
For example, private enterprises that want to develop large-scale estate are compelled to purchase farmland at the highest cost in comparison to normal estates because they should acquire the ownership of farmland after they finish the legal formalities when speculative forces are already intervened.
In mentioned case, there may be no difference between farmland and normal land in the position of developers and we can call this kind of unfairness, “the side effects of strict restriction.”
So this paper examines legal problems caused by current Korean farm land law and other laws related to land development.
And in the conclusion I suggest a point of contact to coordinate legal construction or legislative reviews between our constitutional principle and also economical efficiency or legal unity.
KW - 농지(farmland);농지법(Farmland law);농지취득(farmland acquisition);경자유전의 원칙(Land to the tillers Principle);토지개발사업( land-development business)
DO -
UR -
ER -
윤수진. (2008). A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea. Public Land Law Review, 42, 365-384.
윤수진. 2008, "A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea", Public Land Law Review, vol.42, pp.365-384.
윤수진 "A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea" Public Land Law Review 42 pp.365-384 (2008) : 365.
윤수진. A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea. 2008; 42 365-384.
윤수진. "A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea" Public Land Law Review 42(2008) : 365-384.
윤수진. A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea. Public Land Law Review, 42, 365-384.
윤수진. A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea. Public Land Law Review. 2008; 42 365-384.
윤수진. A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea. 2008; 42 365-384.
윤수진. "A Study on Farmland Acquisition of Private Enterprise on the Basis of Current Farmland Law of Korea" Public Land Law Review 42(2008) : 365-384.
