농업식품기본법상 공익적 가치의 반영

Abstract

Under the Constitution, the clause on agriculture should be realized by aiming for "sustainable development of farming and fishing villages and improving the quality of life for farmers and fishermen" and enhancing the public service functions of farming and fishing villages as a means to achieve them, allowing them to engage in farming with confidence from natural disasters, balancing supply and demand and stabilizing prices, improving distribution structure, and preserving farmland. These content should be fully reflected as ideological and abstract rules that are more specific to the Framework Act on Agricultural Food. This is because the Framework Act on Agriculture and Food is the parent law of 86 individual farming-related laws and serves as the basis for legal grounds and interpretation of the law If there are no specific enforcement provisions in the individual farming laws, the basic laws may be applied directly according to the ideology and purpose of the Basic Law. Of course, local governments may enact and implement ordinances to the extent that they do not run counter to the purpose of the Constitution and the Basic Law, but they can always be controversial in their implementation. It is needless to say that the public value of farming and farming villages has been fully reflected in the Framework Act on Agriculture and Food, and the importance of environmental preservation for human life is important to the current era of aging, climate change, and eradication of rural areas. As a starting point for solving these problems, the Framework Act on Agriculture and Food calls for a revision of the Act, which fully reflects the public interest values of farming and farming villages. To summarize the research results, there is no content on the public service functions of agriculture and rural areas for the purpose of the first basic law. Strengthening the function of the public interest has a profound effect on improving the quality of life of the people. Therefore, there is a need to reflect this. Second, the basic idea is missing the mention of farmland. The basic principle of farmland is the principle of light-liberation warfare in accordance with Article 121 paragraph 1 of the Constitution. This is specifically implemented under Article 6 paragraph 1 of the Farmland Act. Agriculture should be in charge of providing safe agricultural products in a stable manner for improving the quality of life of farmers and improving the quality of life of the people based on the public service functions of farming and farming villages. Third, it is necessary to clearly identify key contents such as direction of development of agriculture, direction of development of rural areas, role of farmers, and promotion of food industry in basic ideology. Fourth, it is necessary to revise it to a more comprehensive regulation in listing the public-interest functions of farming and farming villages. Various public-interest functions, such as the maintenance and preservation of rural and mountain villages, and the enhancement of the healing functions of urbanites, can be developed, so they should be legislated with open regulations. Fifth, the public service function of farming and farming villages is geared only to balanced development of the country and improvement of the people's diet. Public service functions can be created in addition to balanced national development and improvement of the people's diet, so there is a need to revise them into open illustrative regulations. The public service function is not only to maintain and enhance the function of the flag, but it can also be developed to suit local characteristics. Therefore, it is necessary to add "development."Sixth, in light of the global trend of direct payment as a permitted subsidy by the WTO regime in an era of openness, such as the FTA, it is a problem that such information is not contained in the basic law. Therefore, it will be necessary to establish the basis for direct payment. It is predicted that the payment of production-linked direct payment will be converted into a public-interest direct payment through the value of rural tourism resources that have strengthened public service functions, and the value of rural life in the future.