농지의 사용ㆍ수익에 관한 비교법적 고찰

일본·독일·프랑스의 농지 임대차 법제를 비교했다.

This article focuses on comparing the Legal system of the Farmland Lease among the three countries(Japan, Germany, and France). Japan has the civil law as general law, while it has the japanese farmland act as special law in field of farmland transactions. Germany has the BGB and the german Landpachtverkehrsgesetz (LPachtVG). France has the Code civil and the Code rural. Thus each country has its own legal system protecting the farmland lessee. There are several development patterns regarding the legal system of the farmland lease. In the first stage, principle of freedom of contract has ruled through the civil law.

And then each country has established the special laws regarding the protection of the farmland lessee at the time of the second World War. Today each country has been trying to accomplish the harmony between the lessor and the lessee. There are some phenomena of restriction on the farmland lease. Japan has the executive permission under the farmland act. Germany has the farmland lease reporting system. And then France has the similar permission system(e.g. préfet; superficie minimum d'Installation: SMI). This article also addresses the main legal points for example, duration of lease, management of rent, opposing power of the lessee, and the dispute settlement system.

This study might be able to approximate some solutions to the problems of the korean farmland lease. Korean Farmland Act 1996 provided the concrete rules concerning the protection of the farmland lessee. But those rules has disappeared through the several reforms, and thus there are some gaps between the law and the real transactions. This comparative study can make up the fault of the korean farmland legal system.