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학술논문농업경영.정책연구2019.06 발행KCI 피인용 3

축산계열화사업 주요 논쟁에 대한 법률적 고찰

Study on Legal Issues for Livestock Systematization Project

김윤두(건국대학교); 김효미(한국유통혁신연구원); 채수호(한국유통혁신연구원)

46권 2호, 188~213쪽

초록

Despite positive effects of reduced production cost, improved quality of livestock products, increase in level of safety and hygienics, and decrease in transaction cost etc. of the introduction and expansion of Livestock Systematization Project, it was found accompanying diverse problems. The present paper thus intended to examine diverse issues and arguments on Livestock Systematization Project on the legal standpoint. Above all, the problems, related with the definition of types of Systematization Project, notified by Ministry of Agriculture, Food and Rural Affairs, were reviewed, and the definition thereof was redefined to distinguish the definition of ownership more clearly. Next, the methods of evaluation of livestock growers’ performance, raising livestock under the contract, were enumerated illustratively according to the enforcement rules based on the Act on Livestock Farm Alliance Systems; and the detailed evaluation methods, applied through discussions exploiting a standard form of contract between vertical integrators and farmers raising livestock under the contract, were found desirable. Also, the dispute on contract of security means of transfer was examined, and it was found the prohibition of making contract of security means of transfer by law would not only be illegal but also negatively affects the farmers, raising livestock under the contract who have relatively less financial power. Finally, the amendment of Act on the Prevention of Contagious Animal Diseases and revision of standard form contract were found necessary, for the appropriate sharing of the responsibility of disease prevention between vertical integrator and farmers raising livestock under the contract.

Abstract

Despite positive effects of reduced production cost, improved quality of livestock products, increase in level of safety and hygienics, and decrease in transaction cost etc. of the introduction and expansion of Livestock Systematization Project, it was found accompanying diverse problems. The present paper thus intended to examine diverse issues and arguments on Livestock Systematization Project on the legal standpoint. Above all, the problems, related with the definition of types of Systematization Project, notified by Ministry of Agriculture, Food and Rural Affairs, were reviewed, and the definition thereof was redefined to distinguish the definition of ownership more clearly. Next, the methods of evaluation of livestock growers’ performance, raising livestock under the contract, were enumerated illustratively according to the enforcement rules based on the Act on Livestock Farm Alliance Systems; and the detailed evaluation methods, applied through discussions exploiting a standard form of contract between vertical integrators and farmers raising livestock under the contract, were found desirable. Also, the dispute on contract of security means of transfer was examined, and it was found the prohibition of making contract of security means of transfer by law would not only be illegal but also negatively affects the farmers, raising livestock under the contract who have relatively less financial power. Finally, the amendment of Act on the Prevention of Contagious Animal Diseases and revision of standard form contract were found necessary, for the appropriate sharing of the responsibility of disease prevention between vertical integrator and farmers raising livestock under the contract.

발행기관:
한국농식품정책학회
DOI:
http://dx.doi.org/10.30805/KJAMP.2019.46.2.188
분류:
농업경제학

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축산계열화사업 주요 논쟁에 대한 법률적 고찰 | 농업경영.정책연구 2019 | AskLaw | 애스크로 AI