경자유전의 원칙

Abstract

Whether the various exceptional reasons are based on legal exclusionary methods, or on the law-invasionary methods, even if incidents that damages the principle in the constitutional reality happens, there is a need to be wary of the legislative measures that undermine the fundamental principles of the Constitution. In other words, we have to distinguish between the value to be aimed and the actual situation. For that the land to the tillers principle is characterized as noble constitution principle for the first time in the current constitution, it is clear that the purpose is on realization of the more healthy national economy through the prevention of land inflow of speculation funds. Therefore, despite the clear purpose of the land to the tillers principle under the present Constitution, it is too hasty to argue the change of the Constitution or amendment of the Constitution on the basis of false premises. The argument to abolish the land to the tillers principle is mainly based on economic logic, but the securing of food resources can not be explained only by economic logic. The 1970s and 1980s focused on secondary industries and relatively neglected agriculture. However, as the 2000s developed, it was rediscovered that agriculture was a high value-added industry. Also, the abolition of Land to the tillers principle can give false signals to farmland dumping capitalists. The abolition of Land to the tillers principle is concerned that land prices, which are the means of production of agricultural products, will be turned into objects of speculation, leading to a rise in land prices. Rising land prices can lead to the loss of agricultural land as a means of agricultural production. Lean farmers will not be able to cut costs through long-term farming and mechanization. If protectionism in a flexible world strengthens, supply and demand for agricultural products will not be expected to stabilize. Consumption of agricultural products in China and India, which have large populations, is soaring that policies that rely on imports can have serious consequences. Therefore, it may become difficult to establish food security. In addition, it can lose the inherent value of the rural community through the farmland, that is, the public interest function. Article 121 (1) of the Constitution does not abolish the Land to the tillers principle, but only the inheritance of non-farmers among the items of Article 6 (2) of the Agricultural Land Act, Farmland and farmland held by the farmer shall be revised to induce disposal. Article 121 of the Constitution shall be amended as follows. Article 121 of the Constitution "① The principle of inheritance of livelihoods concerning farmland should be observed, and the tenant farming is prohibited. (2) The lease of agricultural land and the consignment management which occur due to inevitable circumstances for the enhancement of agricultural productivity and the rational use of agricultural land shall be recognized only for the purpose of the Act.