현행 헌법상 경자유전 원칙의 규범적 의미 재해석

헌법상 경자유전 원칙의 규범적 의미와 농지소유 제도를 재해석한다.

The principle of Farmland System in Article 121 of the current Constitution is the core provision of economic democratization in our Constitution. In modern times, it has begun with the establishment of self-employed farmers to break down the status system and dismantle the landlord system after liberation. On the other hand, the Constitutional Court of Korea maintains the basic principle that farmland owners are obliged to use farmland for agricultural management as well as farmland owners, and those who do not use it for agricultural management are denied the right to own farmland.

The principle does not violate the principle of excessive prohibition or violate the essential contents of basic rights. However, there is a debate on whether it is realistic to maintain the principle of Farmland System in Article 121 of the current Constitution in order to promote balanced national development and regional agriculture economy in the crisis situation of the rural society which is rapidly disintegrating with the increase of the elderly population.

The purpose of this study is to review the changed reality of farmland ownership based on land property rights, to analyze constitutional suitability and related issues through the reinterpretation of the principle of Farmland System in the Constitution. Therefore, considering the reality of the transition to a digital society with the technological revolution, the necessity of amending the Constitution of Article 121(1) of the current Constitution, which significantly reduces sustainability, realistic agricultural effectiveness, and social justification, in order to convert agricultural productivity centered on 'farmland and human labor' into 'technology'.

Based on the above discussions, it is meaningful to raise the problem of the fundamental principle of the farmland system represented and to review the new direction of the farmland management system. I hope that the revision of the provisions of Article 121 of the current Constitution, which focuses on the improvement of the agricultural structure, practical use of farmland, and beneficiary aspects, will be discussed through more discourses.