The government draws a line between ‘3 major punishments and 5 major exceptions’ in farmland surveys… Promotion of special measures law

In a comprehensive survey of farmland, the government decided to only dispose of violations of the Farmland Act for the purpose of speculation, and exclude violations of the Farmland Act unrelated to speculation, such as inherited farmland and customary leases, from disposal.

Minister of Agriculture, Food and Rural Affairs Song Mi-ryeong announced at a briefing at the Sejong Complex on the 8th that, as a follow-up measure to the complete survey of farmland, the government will push for the enactment of a special measure law that specifies five types of farmland to be excluded from disposal and establishes a special period to allow these farmlands to be legally used.

Following the announcement at the Party-Government Council on the 21st of last month that it would not collectively dispose of violations of the Farmland Act other than for speculation purposes, specific follow-up measures were announced 17 days later.

This seems to be an attempt to block public opinion from worsening by making punishments and exceptions more clear after the farmland survey as anxiety spreads that the government is trying to seize farmland despite such measures by the party and government.

◇ Specification of five major types excluding disposal of inherited farmland, customary lease, etc.

What stands out in this measure is that it specifically sets out the types of farmland that will not be disposed of through the Special Measures Act.

During the farmland survey, various cases were identified, such as cases where farmland inherited by inheritance was not cultivated directly, cases where farmland was left to neighbors or relatives due to difficulties in farming due to old age, and farmland where it was difficult to enter into a lease agreement due to complex ownership relationships.

Even though these farmlands do not formally meet the requirements of the Farmland Act, it was decided to exclude them from disposal as their nature is different from speculation that seeks to make market profits using farmland.

The representative object excluded from disposal is inherited farmland. People who inherit farmland are often not farmers and may not do farming themselves. The current Farmland Act also allows non-farmers to own farmland through inheritance to a certain extent, but farmland that exceeds the upper limit of ownership may be subject to disposal.

The government decided not to dispose of farmland in accordance with the Special Measures Act even if problems such as those who inherited farmland were not engaged in farming or exceeded the ownership limit were confirmed in the investigation, but to use it as data for future system improvement.

Customary leases in which farmland is entrusted to neighbors or relatives are also excluded from the disposal because it is difficult to farm on one's own due to old age. These leases are often made through verbal promises or by receiving part of the harvest, so it is difficult to prove whether it is a legal lease under current law.

Even if the government cannot prove the requirements for permission, it has decided not to dispose of it based on the results of the investigation alone.

Farmland with complex ownership relationships, such as farmland owned by clans or temples, is also excluded from disposal. This is because, in cases where multiple people own the property jointly or the title relationship is complex, it is not easy to clarify the relationship between the actual cultivator and the owner and conclude a normal lease agreement.

The same applies to bare land or farmland with poor farming conditions. It is difficult to conclude that farmland that is difficult to enter because it is not adjacent to a road, or that is difficult to cultivate due to slopes, etc., is for speculative purposes simply because the owner does not farm. The Ministry of Agriculture, Food and Rural Affairs explained that even in this case, it does not proceed with disposal other than the three types of speculation.

Even if agricultural warehouses or simple agricultural product processing facilities are installed without going through the necessary licensing procedures, no action will be taken to restore them to their original state simply because violations are confirmed during the investigation.

◇ Legal conversion and cultivation through special period operation

The government plans not only to not dispose of the land, but to operate a special period to convert the use of existing farmland into a legal form.

In the case of a customary lease, if a written contract is concluded during a special period, it is recognized as a legal lease during the contract period, regardless of whether it meets the requirements for permission to lease under the current regulations.

Unlicensed facilities can also apply for a subsequent permit if they meet other legal requirements and were able to apply for agricultural land conversion permits in advance. However, facilities prohibited in agricultural promotion areas are excluded.

Land with a different land category and actual use status can also be changed by applying during a special period.

◇ Expansion of scope of purchase and consignment of farmland banks and promotion of legislation

The scope of purchase and consignment of farmland banks will also be expanded. Even if we want to sell or entrust farmland, we will discuss with the National Assembly an increase in next year's budget in response to comments from the field that the farmland bank's purchase volume is insufficient, and expand the purchase target from farmland in promoted areas to farmland in non-promoted areas that can be used for agriculture.

It is not disposed of because it was not entrusted to the Farmland Bank.

The Ministry of Agriculture, Food and Rural Affairs plans to propose a special measures law in October and complete the National Assembly procedures within the year, while also preparing a revised farmland law that reflects the survey results by the first half of next year.