농지법 개정 전·후 임대차 시스템의 변화 : 농어업경영체 등록과정을 중심으로 = Changes in the Lease system Before and After the Amendment of Farmaland Act: Focusing on the Agricultural Business Registration Process

다국어 초록 (Multilingual Abstract)

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.

목차 (Table of Contents)

• Ⅰ. 서론 1
• Ⅱ. 농지법의 역사와 발전 2
• Ⅲ. 2021년 농지법 개정 전·후의 법적 비교 13
• 1. 농지 소유 및 거래 규제 강화 13
• 2. 농지 소유의 세분화 방지 14
• 3. 농지전용 관련 규제 강화 15
• 4. 임대규제강화 16
• 5. 농지관리시스템 강화 및 실태조사 17
• 6. 농지관리위원회 설치 18
• Ⅳ. 농지 임대차 시스템의 변화 분석 19
• 1. 개정 전 임대차 시스템 19
• 2. 개정 후 임대차 시스템의 변화 22
• 2.1 농지임대차 과정에서의 변화 22
• 2.2 임대차 수수료 23
• 2.3 필요 서류 26
• 2.4 공고를 통한 임대차 계약의 체결 27
• 2.5 임차인 보호 수단의 미흡 31
• Ⅴ. 결론 32
• 참고문헌 35