農業振興區域의 國土利用計劃變更에 關한 硏究 = A Study on the Conversion of National Territorial Utilization Plan Focusing on the Agriculture-Promoted District

다국어 초록 (Multilingual Abstract)

Originally, the System for Agriculture-Promoted District was enacted in order to improve the agricultural productivity and to utilize farmland efficiently as well as to preserve it from the indiscreet development-promoted policies. Owing to the excessive restrictions and the preservation-oriented farmland policy, this system, on the contrary to the primary purposes, has been various obstacles to the companies which have expected to maintain places to build their own factories. Furthermore, it has given bad effect onto the nation's competitiveness. Dismissing old ideas that farmland is no more than a simple productive means for food self-sufficiency, we are earnestly asked to cope efficiently and actively with both the industrialization and the urbanization. Current states and problems of this system are described and explained as follows.
While the planned location has been decreased in spite of its merits which are the surplus profits caused by factory collectivization, the easy control to pollution and so forth, the individual location has been on a gradually increasing trend. As a variety of restrictions depend upon the classification of the using region, we have to be wary of deciding the location from the early stage. In selecting the location, most of the people are likely to choose the quasi-agricultural-forestry land and the quasi-urban district, which are more attractive than the others, among five classifications of the National Territory Utilization & Management Act. They give us lot of merits, those are, the induction of population concentration, the reduction of transportation cost, the improvement of environment and so on.
In choosing the location, we sometimes happen to meet the case that a part of the agricultural-forestry land is inevitably absorbed into the location despite of our intention to take only the quasi-agricultural-forestry land and the quasi-urban district as the location. However, Article 34 of the Farm Land Law says it never permits any kind of construction but for the purpose of agriculture in the agricultural-forestry land. Therefore, the law leaves us just two choices ; to search for other area or to try to make the National Territorial Utilization Plan be modified.
Converting the land, no construction allowed, into the alternative industrial district is the main purpose of the Conversion of National Territorial Utilization Plan. To lay down new standard of the conversion, this research proposes four statements as follows :
First, the national policies to the farmland in Korea are too preservation-oriented. While the demand for location of individual factory is continuously increased, the dimension of district to be possibly developed is so limited. Especially, the limitation of construction of the Farm Land Law corresponds to the basic idea and the purpose which seek after food preservation. But on the other hand, it becomes another plausible restriction and serious obstacles when we give a stress to the improvement of nation's competitiveness and the support of nation's industrial prosperity. Accordingly, under the principle of preservation, the conversion of the farmland has to be flexibly considered if there are a good many excuses to be accepted.
Secondly, it takes much long time to get the approval. In order to get the approval on factory construction, it takes 925 days in Korea, which is five times longer than the United States where it takes only 175 days. The waste of time above mentioned is caused by the fact that there's no clear statement in the eye of the law about processes and terms to be needed to get the approval. For the purpose of maximizing the clarity of the law as well as minimizing the lose of the competitiveness caused by the retardation, we have to make the processes and the terms of the Conversion of National Territorial Utilization Plan clear with the law.
Thirdly, it is hopefully expected that one can perform a duty of preparing the substitutional land which is attended with the pre-condition of the Conversion of National Territorial Utilization Plan not with the land but with the money. Clause 3, Paragraph 1, Article 33 of the Enforcement Ordinance of the Farm Land Law urges that the companies have to prepare the substitutional land which is the same scale of the land to be converted and make it the agricultural-forestry land if they want to convert the farm land. Usually, the landowner doesn't give a ready consent to one's request to convert it because of the gap of the land price and the limitation of construction. Granted that he does so, he'd like to ask for compensation for the land. Here, I'd like to show a proper solution of this problem : the government issues a notification of the compensation for preparing the substitutional land, and it collects the compensation from a business proprietor, and then it executes as proxy for total service to make the substitutional land.
Fourthly, we must place the focus on the cost reduction for getting the approvals. It is possibly happened that the cost for the approval is much more than the cost for the land. This becomes a primary bad factor of the structural evils that from the first the basis of business results in insolvent operations. For boosting the inauguration of enterprise and the development of rural area, it's an appropriate measure for the government drastically to take a policy of the cost reduction for preparing the substitutional land and for converting the farmland.
Consequently, putting these problems and solutions together, we are able to understand that the excessive limitation of construction in the agriculture-promoted district functions as an obstructive factor to hinder the business operation and the nation's competitiveness. In addition, no definite standards and complicated processes have the private companies be loaded with the unreasonable responsibility in the current system for Conversion of National Territorial Utilization Plan.
For the harmonious promotion on the industrial location and the technological advancement in Korean industry, the government is asked for making amendment of the system for Agriculture-Promoted District, which can create an atmosphere for the private companies to secure a location. Additionally, it is needed for us to review affirmatively that the considering standards and the terms have to be clearly stated with the law, which results in raising the transparency and reducing the cost.

목차 (Table of Contents)

• - 目次 -
• 第1章 序論
• 1.연구의 필요성 및 배경 = 1
• 2.연구의 내용 = 2
• 第2章 農地政策과 産業立地와의 관계
• 第1節 農地保全 政策과 國家 競爭力
• 1.한국 농업구조의 현실태 = 4
• 2.국가 경쟁력의 현실 = 9
• 3.경쟁력 제고를 위한 관련법 개정 = 13
• 4.법제정 취지와 현실과의 관계 = 15
• 第2節 國土利用計劃의 槪要
• 1.용도지역의 지정 및 분포 = 17
• 2.용도지역별 행위제한 = 19
• 第3節 農地의 保全과 利用
• 1.농지법 개요 = 22
• 2.농업진흥지역의 지정 = 23
• 3.농업 진흥지역의 변경 = 28
• 第4節 國土利用 管理法과 農地法과의 關係
• 1.국토이용관리법 체계 = 31
• 2.국토이용관리 체계도 = 32
• 第5節 外國의 農地制度
• 1.일본 = 33
• 2.대만 = 39
• 第3章 農業振興區域의 國土利用計劃變更 實務
• 第1節 企業의 個別 産業立地
• 1.현행 개별입지 관련제도 = 42
• 2.개별입지 확보의 필요성 = 43
• 第2節 用途地域 變更對象
• 1.대상부지 (예) = 47
• 2.사업대상 부지 및 추진 의도 = 49
• 第3節 初期 準備段階
• 1.대상부지 매입 = 52
• 2.대체농지 = 54
• 第4節 認,許可 節次
• 1.국토이용계획변경 협의 (농지전용협의 요청) = 60
• 2.농지전용 및 대체농지지정 협의 = 64
• 3.농지전용 허가 = 68
• 第5節 國有財産 買入
• 1.국유재산의 일반적인 현황 = 72
• 2.국유재산의 구분 = 73
• 3.국유재산 매입 실무 = 76
• 第4章 國土利用計劃變更의 問題點 및 改善案
• 第1節 農地轉用 行爲規制에 對한 反論
• 1.식량 자급도에 의한 반증 = 80
• 2.농업 소득에 의한 반증 = 82
• 3.개발가용 면적의 한계 = 86
• 第2節 國家 競爭力 强化를 爲한 規制緩和
• 1.행위제한의 신축적 운영 = 88
• 2.인,허가 절차와 기간의 법제화 = 92
• 3.농지관리위원회의 비합리성 = 94
• 4.대체농지조성의 한계와 개선안 = 96
• 第3節 開發費用의 過多
• 1.개요 = 99
• 2.인,허가비의 과다 (사례) = 100
• 3.인,허가비 개선후 평가 = 102
• 第5章 結論과 提言 = 103
• 參考文獻 = 107
• ABSTRACT = 112