본문 바로가기
  • Home

Issues and Proposals for the Legislative Improvements of theFarmland Policy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 88(), pp.65-84
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2019
  • Accepted : November 20, 2019
  • Published : November 28, 2019

Heo, Kang Moo ORD ID 1

1전북대학교

Accredited

ABSTRACT

The government has implemented its farmland policy by applying the Land-to-the-tillers Principle in a flexible and fluid manner in accordance with the government's agricultural policy in response to the change of the times and social and economic situations at the time. However, recent changes in internal and external conditions surrounding the farmland policy, such as low growth and population cliff, the advent of the 4th industrial revolution, aging farmers, smart farms, fostering young farmers, and expansion of the direct payment system for farming, have limitations to respond properly just with the improvement within the existing framework of the Farmland Act. In addition, the current 「Farmland Act」 reveals the limit of effectiveness, reducing it to virtually only abstract declarations, along with continuously mitigating regulations on farmland ownership and utilization. The Constitution proclaims the Land-to-the-tillers Principle. However, the 「Farmland Act」 is expected to cause serious problems in terms of agricultural sustainability if left unchecked further, such as non-farmers' ownership of farmland and the wide recognition of farmland lease through the exceptions, and the reckless use of farmland by laws other than the Farmland Act. The purpose of this study is to examine the legal problems of the ‘Farmland Act’ and propose the legislative improvements of the farmland policy in the process of discussing the improvement of the Farmland Act in line with environmental changes surrounding farmland and farming.

Citation status

* References for papers published after 2022 are currently being built.