개정 농지법에 관한 소고

개정 농지법의 내용과 농지 이용·소유 규제의 변화를 살펴본다.

There is the possibility of declining the agricultural environment owing to the rapid decrease of population, aging society, and the expansion of unused farmland, becoming devoid of population. With agricultural negotiation under the WTO, it is inevitable for our country to open market of agricultural and marine products in a near future. As a result of these circumstances, reduction of income and falling price of farmland will be evident. To overcome their difficulties, comprehensive examination of agricultural policy and reformation of system is urgently needed. In this thesis, therefore, clauses on the possession of farmland are closely examined with the viewpoint of current situation.

The followings are discussed: 1) the restriction of possession qualification 2) the limitation of the area of farmland 3) the limitation of transacting farmland 4) the consignment management of farmland 5) a obligatory disposal system. Also, as for using farmland, legal foundation and concrete issues originated from practice are analyzed to offer better remedies. To make the presented remedy more effective, agricultural-related administration is to be mobilized. Introducing farmland bank which has been proposed by agricultural organizations during various public hearings, is a timely solution to the impending problems.

This system is desirable in that it can give farmers opportunity to lease farmland for a long time from the government. If they can afford in the future, they must have right to buy the farmland back.