농지법 개정 전·후 임대차 시스템의 변화 : 농어업경영체 등록과정을 중심으로

농지법 개정 전후 농지 임대차 제도의 변화를 살폈다.

Agriculture is the foundation of the national economy and an essential element of food security. Governments are exploring ways to address challenges faced by agriculture and rural areas while promoting the sustainability of the agricultural sector. To revitalize the agriculture sector, which is at risk of decline, various policies have been implemented to attract new farmers. However, since the enactment of the Farmland Act, the leasing system for acquiring farmland to begin farming has become increasingly complex and difficult with each amendment to the law.

Particularly, following the "2021 Farmland Speculation Incident," the Farmland Act was amended in August 2021 to eradicate speculative activities, resulting in stricter regulations on farmland ownership and leasing. Alongside this, the amendment of the "ACT ON FOSTERING AND SUPPORTING AGRICULTURAL AND FISHERIES BUSINESS ENTITIES" which underpins the registration of agricultural and fisheries enterprises, has led to significant changes in the current farmland leasing system. These changes have made it more challenging for prospective farmers to enter rural areas and have created difficulties for existing tenant farmers to sustain their farming activities.

This study aims to compare and analyze the legal provisions of the Farmland Act and the Act on the Fostering and Support of Agricultural and Fisheries Businesses before and after their amendments. By examining the changes in the farmland leasing market and system, the study seeks to identify implications, propose solutions to address problems, and prevent legal disputes. The ultimate goal is to assist tenant farmers and new farmers in achieving stable agricultural operations and economic accessibility during their initial settlement phase. Furthermore, this study contributes to preserving sustainable agriculture by establishing environmentally sustainable food production systems.