현행 농지법상 농지의 효율적 이용을 위한 개선방안 연구

Abstract

The current Farmland Act aims not only to efficiently use and manage both regulations (relating to the ownership, utilization and conservation of farmland) and farmlands, help farmers manage steadily and improve productivity, but also to contribute to balanced development of national economy through competitiveness reinforcement over farmland and environmental preservation of national land. However, following are the problems of the current Farmland Act, which are being pointed out during operation. First, the total areas of farmlands continue to decline and the basis of food production collapses, which leads Land to the Tiller to lose effect and food sovereignty of the people to be at risk – that is to say, a decrease in farmlands is damaging public interest in farmland conservation. And farmlands are being possessed more by non-farmers, not farmers – that is to say, speculation and property increase (not crop cultivation) become part of purpose of use of farmlands, as there are increasingly large numbers of absentee farmers. Moreover, speculation on the farmland produces transfer gains for farmland followed by a drop in agricultural production, further imposing a heavy burden even on the whole national food security. And farmlands are exclusively used without a permit, and even some whose permit for exclusive use has been given are illegally used, i.e. not being used for the purpose or being used with exceeded area. On top of that, punishment against farmland ownership of non-farmers and illegal exclusive use for farmland is too weak. Following are an improvement plan on problems of the Farmland Act above. First, a systematic complement is required for a stable life of farmers, i.e. appropriate farmland securement for observing Land to the Tiller, appropriate lease for farmland’s efficient utilization, and farmland’s management by public sector. And farmers’ qualifications needed for farm management should strictly be readjusted, and farmland ownership of non-farmers should severely be restricted. To prevent speculation on the farmland, the qualifying certificate of the farmland-acquisition and land dealing permission system and more should be implemented. If such speculation is caught, it should be rooted out through application of the better recapture system and heavy imposition of transfer tax, etc. Furthermore, as for diversion of farmland, a land use plan should be established and the consultation on diversion of farmland should be complete in cases where the permit or license needs to be issued. A prime farmland should be excluded and a measure of restoration and strict punishment against illegal exclusive use for farmland are necessary. Last but not least, strict legal limitations on farmland ownership and speculation of non-farmers and illegal exclusive use for farmland are required to secure actual effect of the Farmland Act.