개발사업자의 농지취득과 관련한 법률적 문제점에 대한 해석론적 검토

This research aims to study the legal issue of farmland law of Korea that is dealing with farmland acquisition performed by private enterprise. In large-scale estate development, private enterprise should purchase a vast extent of land to continue their own development. And in many cases, farmland is included in their target land. But in current Korean farmland law, strict restriction is provided to purchase farmland when a purchaser is not a farmer or prospective farmer. This kind of restriction is called “Land to the tillers Principle” and this principle is expressly stipulated in Korean Constitutional Law. And this priciple is based on the serious reflection about past abuses of the tenant-farming system. But on the other hand, the idea of following this principle blindly can also raise concerns about increase of public expenses, contraction in land-development business, etc,. For example, private enterprises that want to develop large-scale estate are compelled to purchase farmland at the highest cost in comparison to normal estates because they should acquire the ownership of farmland after they finish the legal formalities when speculative forces are already intervened. In mentioned case, there may be no difference between farmland and normal land in the position of developers and we can call this kind of unfairness, “the side effects of strict restriction.” So this paper examines legal problems caused by current Korean farm land law and other laws related to land development. And in the conclusion I suggest a point of contact to coordinate legal construction or legislative reviews between our constitutional principle and also economical efficiency or legal unity.