The topic of my thesis on master's degree is "the problems and improvement of the farmland system in accordance with the land-to-the-tillers Principle." It is about the land-to-the-tillers principle under Article 121 subparagraph 1 of the Constitution...
The topic of my thesis on master's degree is "the problems and improvement of the farmland system in accordance with the land-to-the-tillers Principle." It is about the land-to-the-tillers principle under Article 121 subparagraph 1 of the Constitution and the exception to that provision. The Farmland Act is based on Article 121 subparagraph 2 of the Constitution, which contains exceptional provisions of Article 121 subparagraph 2 of the Constitution while affirming the principles of Article 121 of the Constitution. The Farmland Act consists largely of the definition of farmland, basic ideology concerning farmland, obligations of state and citizens, ownership of farmland, use of farmland, lease of farmland, preservation of farmland and use of farmland, and farmland. Since it is a very broad discussion to deal with the overall problems and alternatives even if under the Constitution limited the farmland system to individual farmland laws, my thesis was put back as a subject to treat farmland ownership under the Farmland Act.
Since Korea has more than 40 percent of non-farm owners own farmland, it has raised the issue of the urgent need for legal maintenance as the land-to-the-tillers principle stipulated in Article 121 of the Constitution effectively collapsed. Korea's farmland system was designed on the basis of the principle of an economic freedom war under the Constitution, but it has been greatly undermined by the practice of acknowledging ownership of non-farmers when the Farmland Act was enacted in 1996. Moreover, Korea based on an eight-year exemption from capital gains taxes under the Tax Special Act, has turned farmland into a target of land speculation aimed at increasing asset values rather than the function as capital goods to prop up agriculture.
Despite this reality, farmland ownership by farming households and inheritance due to aging will inevitably increase, and lease of farmland will be further expanded. In order to develop farming into an industry amid the crisis of local extinction and the extinction of farming households, the issue of farmland lease must be solved as farmers need to increase productivity through formalization, concentration of farmland, and scaling. If the farmland issue is recognized as enhancing farming productivity and rational use of farmland, it can be applied to farmland lease by considering how farmland can be reasonably owned and used in farmland lease.
In this paper, the Farmland System should be changed in any direction and the Farmland Policy should be promoted in order to improve the existing farmland ownership and development direction in the agricultural environment, which is far different from when the farmland reform or when the Act was enacted. To summarize this in the paper, the following can be explained.
First, farmland ownership in the farmland system should be ensured to the extent that the land-to-the-tillers principle under Article 121 of the Constitution is not impaired. Article 121 subparagraph 2 of the Constitution and Article 6 of the Farmland Act stipulate that no person or person to use or use his or her agricultural management should own farmland, and that the Farmland Act shall be enacted in a whole so far as to set up for exceptional reason. Thus, in exceptional cases, the objective of the use of farmland for certain substantive associations or exceptional private reasons should be the premise. Consequently, an exception to the principle of economic freedom warfare can be established only if there is a substantive association to own and use farmland by non-farmers.
Second, it is also possible to expand the scope of farmland lease and consignment management under the condition of expanding the farming scale. Article 23 of the Farmland Act provides a wide range of reasons for leasing or using farmland, which has been steadily expanded to allow non-farmers to own or lease farmland. In addition, the expansion of direct payments in farming structures, which account for more than 40 percent of farmland, is expected to lead to adverse effects, as well as further expansion of farmland lease, considering aging and lack of successors.
However, lease of farmland are a powerful means of improving farming structure due to the expansion of farming size. Therefore, the legal system should allow farmland ownership and lease of farmland by non-farmers, which takes place in real life, to prevent the transparency of the farmland lease system, and to promote the farmland transaction and the management of farmland information. And it should move toward actual realization of the purpose of the economic liberalization war by establishing long-term lease plans and policies to support and protect farmers.
Third, the criteria should be clarified in determining the acquirement of farmland. It is necessary to limit the scope of screening of the local government offices to those who want to acquire farmland to the requirements of those who want to acquire farmland to be clearly distinguished from farmland ownership and farmland use. In other words, if there is an application for a certificate of qualification for farmland acquisition, the material control department determines whether the farmland acquirer will be issued through a review of the qualification requirements, and if it finds problems with the use or management of farmland.
Fourth, the Farmland Act requires farmland owners to dispose of farmland that is not used for farming management to take steps for non-execution or expedient implementation of farmland. In reality, farmland ownership is ordered to be disposed of by the administrative agency. In addition, the public notice is subject to a performance-based payment based on the criteria and, of course, a public hearing is taking place for the non-compliance. Nevertheless, many farmland owners may defer the disposal order, while owners may switch to farming when they are forced to do so without farming. However, some of the suspended land owners live outside of the country, raising questions whether they are actually farming or not. Therefore, the administration should ensure that farmland that has been suspended from farmland disposal is continuously being farmed, and if the farmland is not cultivated for three years, the disposal order must be issued immediately, and taxation measures should be taken to ensure its effectiveness. In addition, the administrative office should conduct a survey on the use of farmland for all farmland acquired with certificates of farmland acquisition regardless of the purpose of farming management or weekend experience farming in accordance with the Constitution and the Farmland Act.
Fifth, the Farmland Bank System should develop a program to support farmland owners and farmers. Farmland Bank is a farmland management project run by the Korea Rural Community Corporation. The corporation has been pushing for a project to secure competitiveness of the farming industry by expanding the farming scale and collectivizing farmland. By further desegregating and clarifying this point, farmers are helping to settle and become a reliable companion to their rural lives and to stabilize income of older farmers. In particular, the Farmland Bank project should be carried out to help stabilize farming income by establishing a customized support system for the efficient use of farmland by each life cycle, including farmland pension, customized agricultural support, and management rehabilitation support.
To this end, it is necessary to rent stockpiles and collect data to help reduce management costs for farmers. In addition, the Farmland Bank-specific Farm Support Project supports farmland in an optimal way for each stage of growth from the early days of farming to full-time farming. In the early days of farming, lease-oriented support should be provided to minimize risk in case of new entrants fail to manage. For example, if the lease is exceeded for more than two years, the bank should provide support for securing ownership base through the sale of farmland and provide stable growth support for leased farmland.
Sixth, the introduction of the Farmland Procurement Council system. A pre-sale plan is a plan that a public entity can purchase land on the basis of a private sale to the land if the land is required for public use or expansion of a national common land when the party applies or reports to the relevant administrative agency. Although the Farmland Procurement Consultative System is basically a measure to promote the optimal use of farmland and distribute farmland, it can also be used as a means to secure successors, secure new farm workers and create jobs in the absence of agricultural heirs. Farmland and management of agricultural management that have been efficiently carried out to expand the scale of management by transferring to farmers who newly start-up farmers who have been able to purchase farmland through a collective agreement on farmland purchase by farming households.
As above, in my paper, I examined the history and institutional implications of the farmland system under the land-to-the-tillers Principle in the Constitution, and also addressed problems focusing on farmland ownership under the Farmland Act and ways to improve them. The Farmland Act shall be a specific standard for realizing constitutional values based on Article 121 and 2 of the Constitution, and shall maintain the farmland and agricultural order that will form the basis for the development of the nation's farmers and the healthy living.