개정 농지법에 관한 소고 = A Study on the Revised Agricultural Land Law

다국어 초록 (Multilingual Abstract)

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.

목차 (Table of Contents)

• Ⅰ. 序 2
• Ⅱ. 農地所有制度의 問題點 3
• 1. 農地所有資格의 制限 3
• 2. 農地의 所有上限의 制限 4
• 3. 農地去來의 制限 5
• 4. 農地處分 義務 制度 7
• Ⅲ. 農地利用制度의 問題點 7
• 1. 農地轉用實態와 問題點 7
• 2. 農業經營目的으로 取得한 農地利用 問題 8
• 3. 休特農地의 問題 9
• Ⅳ. 結(農地制度의 바람직한 改善方案) 10
• 1. 農地의 所有 制度 10
• 2. 農地의 所有上限制度 10
• 3. 農地의 去來制限 11
• 4. 委託經營과 賃貨借 11
• 5. 處分義務 制度 11
• 6. 休井 農地 管理 制度 12