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A Legal Review of the Land to the tillers Principle and the Management of Inherited Farmland under the Constitution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.189-209
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

Heo, Kang Moo ORD ID 1

1전북대학교

Accredited

ABSTRACT

The Korean Constitution declares the Land to the tillers Principle in the paragraph 1 of the article 121 and prohibits the tenant system, while the paragraph 2 recognizes the lease and consignment of farmland resulting from the need for the improvement of agricultural productivity and rational use of farmland or inevitable circumstances as provided by law. In principle, the Farmland Act prohibited the acquisition of farmland by non-farmers as well as ownership. However, while allowing heirs and others a certain exception to restrictions on farmland ownership in the paragraph 2 of the article 6, it has maintained the Land to the tillers Principle by using the disposal order and compulsory enforcement system. However, in February 2019, the Supreme Court decided that “if farmland was acquired through inheritance, it could not be required to dispose of inherited farmland according to the paragraph 1 of the article 10 of the Farmland Act, as it could be owned up to 10,000 square meters even if it was not engaged in agricultural management according to the subparagraph 4 of the paragraph 2 of the article 6 and the paragraph 1 of the article 7.” This study is a critical review of the 2017DU65357 ruling (the ruling concerned) sentenced by the Supreme Court on February 14, 2019 on the scope of the paragraph 1 of the article 10 regarding disposal orders under the Farmland Act. The review looked into the meaning of the Land to the tillers Principle under the Constitution and the purpose and basic idea of legislation of the Farmland Act, followed by the interpretation of the Farmland Act in light of the Constitution, which the ruling concerned primarily focused on, the meaning of the provisions of the articles 6 and 7 of the Farmland Act, the scope of the paragraph 1 of the article 10 concerning the order of disposal under the Farmland Act, and the form of illegality judgment of the ruling concerned.

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