헌법상 경자유전의 원칙에 대한 논의와 대안

Since adopting the "Principle of Ownership of Farmland by Farmers" under the Constitution Act 1948, Korea has implemented the "Principle of Ownership of Farmland by Farmers" under the Constitution. Through the enactment of the Farmland Reform Act in June 1949, land reform was carried out through paid purchase and distribution of land. Under the Constitution, a regulatory system for farmland ownership has been implemented under the "Principle of Ownership of Farmers" and the 1962 Constitution under the "Principle of Prohibition of the Tenancy System". With recent economic growth and changes in industrial structure, there is a growing perception that the "principle of ownership of farmland by farmers" is a regulation that excessively limits the efficiency of farmland use. Even in the discussion process for constitutional amendment, there has been a high public opinion to abolish the "principle of ownership of farmland by farmers." In addition, at a time when the aging population of rural areas and the death of the elderly population are rapidly progressing, the question of whether the "principle of ownership of farmland by farmers" is realistically reasonable is being raised. In this paper, we will review the contents of the law on farmland ownership, the current constitution, and the constitutional amendment in both aspects of food security of farmland and appropriate use of farmland in high industrial society, and present the direction of the amendment.