農地制度의 改善에 관한 硏究

다국어 초록 (Multilingual Abstract)

Farmland, used for agriculture, is not only a necessary feature to produce food that is fundamental for human life, but an important capital that performs public functions such as preservation of natural environment.
Since 1960's, Korea has rapidly progressed its industrialization and urbanization by the economic growth and development of manufacturing and service industry. Accordingly, the demand on land, for example, for industry or housing, has been sharply increased, and the cases to divert farmland to other purposes has been swelling because of restricted development of land. The extended policy of develpment made the price of farmland go up.
Indeed, the agreement of Urguay Round and the launch of Would Trade Organization require enormous change in Korean agriculture; weaked competitiveness of farm price through opened import market results in the degenerated earnings of farmers, and then, makes them give up farming; decreasement of manpower in farm threats stable supply of food by increased idle farmland and worsened productivity of farm.
With the changed conditions home and abroad, Korean government established a special measure to develop rural economy, and one of its ten tasks is the system on fannland. It has established or amended numerous laws related to farmland, and its policy has sustain change upon change. The laws were, however, overlapped or inconsistent each other, or even not suitable to real condition, and it was necessary to reform them and to arrange their system. Consequently, the government made the Farmland Law in December 1993 after various processes, which was enacted from January first 1996.
This thesis, therefore, aims to investigate how was the farmland system implemented, what is the content of new system, and which problem it contains comparing the laws with reality after considering a socio-economic situation home and abroad Korean agriculture lies in, and to propose the direction to reform.
First chapter describes the goal, scope and method of the study. In second chapter, I examined a vicissitude and legal causes of farmland system.
In third chapter, I examined the ownership, divertion and reserving way of farmland.
In fourth, I analysed the contents above, raised some questions, and presented a reforming measure on the afterward system.
Fifth and last chapter is my conclusion, in which I summarized my result and proposed some takes.
Farmland, if devastated once, could never be rehabilitated, and shrinked agriculture would make difficult the balanced development of national economy, safe supply of national food, and preservation of natural environment. It is urgent, therefore, to establish general and future-directed policy and to improve its system ranging from holding and utilizing and preserving the farmland.

목차 (Table of Contents)

• 目次 = 0
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 4
• 第2章 農地制度에 대한 理論的 檢討 = 6
• 第1節 農地制度의 變遷과 法律의 制定現況 = 6
• I. 農地制度의 變遷 = 6
• II. 農地關聯法律의 制定現況 = 16
• 第2節 農地制度의 法的根據 = 18
• I. 國土利用管理法 = 19
• II. 農漁村發展特別措置法 = 28
• III. 農地法 = 31
• 第3節 外國의 農地制度 = 50
• I. 日本 = 50
• II. 臺灣 = 57
• 第3章 農地制度의 內容 = 60
• 第1節 農地의 所有制度 = 60
• I. 農地의 所有資格 = 61
• II. 農地의 所有上限 = 62
• III. 農地取得資格證明制度 = 63
• 第2節 農地의 轉用制度 = 65
• I. 農地의 轉用許可·協議 = 67
• II. 農地의 轉用申告 = 69
• III. 農地轉用許可 둥의 制限 = 71
• 第3節 振興地城制度와 用途地城制 = 73
• I. 農業振興地城制度 = 73
• II. 用途地城制 = 81
• 第4章 農地制度의 問題點 및 改善方案 = 86
• 第1節 農地制度의 問題點 = 86
• I. 農地所有制度 緩和에 따른 問題點 = 86
• II. 農地轉用制度 緩和에 따른 問題點 = 90
• III. 農業振興地城制度의 問題點 = 100
• 第2節 農地制度의 改善方案 = 108
• I. 農地所有制度의 改善方案 = 108
• II. 農地轉用制度의 改善方案 = 120
• III. 農業振興地域制度의 改善方案 = 127
• 第5章 結論 = 135
• 參考文獻 = 139
• ABSTRACT = 148