농지임대차 제도에 관한 고찰 - 농지법을 중심으로 -

Abstract

Art.121 Sec.1 of the constitution plainly states that the nation should try to make the farm-land possession of landed farmers and non-landed farmers to be achieved and the tenant system of agricultural land is banned. Also, it is basic ideology for Art.31 Sec.1 of the fundamental law of agricultural industry, rural community and food industry and Art.6 Sec1 of agricultural land law . According to this, current agricultural land law is just composed of Art.23(lease and loan of using agricultural land), Art.24(contract method and verification for lease and loan), Art.24 Sec.2(lease), Art.24 Sec.3(adjustment, etc for lease), Art.25(implied renewal), Art.26(succession of the legal state for lessors), Art.26 Sec.2(rules for enforcement), Art.27(rental exception for the state owned agricultural land and the public agricultural land). This thesis is focused on the problem and improvement with figuring out the actual condition of current legal system for agricultural land lease. First, on the issue of abolishing the principle article of the farm-land possession of landed farmers and non-landed farmers, complementing the gap and deficiency to reality will be presented by the interpretative method with the cases of Taiwan. Also, on the regal relation for current agricultural law-contract method, contract period, a renter’s claim rights for contract renewal, succession and termination of contract, etc, realistically unreasonable matters in rural community will be suggested to be able to be revised or improvised through legislation. Activating lease system with sustainable farming rights using agricultural land should be fully needed along with traditional culture preserving agricultural land, complying with the agricultural reality-developing the fourth industry and high-tech agriculture using AI, etc and the import restraints for agricultural products, etc. The suggestion in this thesis could be help to improve the lease system for the agricultural land in this country