농지상속과 농지이용의 효율화

Agriculture performs various public interest functions such as food security, rural landscape and environmental preservation, traditional culture succession, community maintenance, temperature and humidity control, air purification, water resource security and flood prevention, and comfortable rest areas. However, the agricultural population in Korea is continuously decreasing, the size of farmland is gradually decreasing, and the proportion of tenant farmers is increasing. One of the main causes is the inheritance of non-farmers and the subdivision of farmland due to farmland inheritance. In this situation, measures are needed for the efficient use of farmland. To solve this problem, a measure that focuses only on restricting farmland ownership cannot be a fundamental solution to seek efficient use of farmland. First, it is necessary to find a solution to the farmland inheritance system through a comparative legal review of the farmland inheritance system. Our civil law does not have special provisions for farmland inheritance. In the case of farmland inheritance in Germany, farmland inheritance is concentrated to prevent the subdivision of farmland, and the adjustment of interests between heirs is resolved by cash compensation. In our case, it is also necessary to consider taking this attitude of German law. It is considered a desirable direction if there is a farmer among the heirs. However, in the reality that there are few heirs who are farmers, it is difficult to promote the efficiency of the use of farmland only by reorganizing the farmland inheritance system. Therefore, it is necessary to improve the efficiency of farmland use by reorganizing the farmland lease system on the premise of non-farmers' ownership of farmland. In addition to farmland inheritance, a comprehensive management organization is needed for idle farmland and farmland owned by non-farmers. This organization should be a community-friendly organization rather than a centralized one. Through this organization, it is necessary to connect farmers and farmland owners who need farmland lease. In addition, detailed legislation of the Farmland Lease Act, which is poor compared to the Housing Lease Protection Act or the Commercial Building Lease Protection Act, is needed. Compared to the importance of agriculture, the farmland inheritance system and the farmland lease system are insufficient. It is necessary to increase the efficiency of farmland use through the improvement of the farmland inheritance system and the farmland lease system.