농지법제에 관한 연구 - 일본의 농지법제와의 비교연구를 중심으로 -

Abstract In Japan, in the past, the 寄 between landowners and tenants was common, and it was the lease provisions of the Civil Code based on freedom of contract that maintained this relationship. In other words, although the legal system is modern, the principle of contractual freedom was in a relationship that justified and fixed legal relations between landlords and tenant farmers with large economic and social gaps. However, after the defeat, the Allied Powers intended to wipe out various anti-feudal relations left in Japan and substantially infiltrate modern legal relations into society, and farmland reform was implemented in rural areas. This reform was a very dynamic reform, carried out by the government buying land of landowners at a low price and selling it to tenants at a low price. This reform had one important significance, not just dismantling the parasitic holding system. It is a social ideology that guarantees the fair performance of the labor for those who are engaged in actual cultivation. The Farmland Act enacted in 1952 aimed to maintain the results of such land reform. In addition, in Article 1 of the Farmland Act, the so-called self-farm principle of 'ownership' and 'cultivation', that is, 'ownership', 'management', and 'labor', was adopted for its significance. In addition, the Farmland Act publicly regulated the movement of various rights to farmland in order to achieve this achievement. In this paper, we review Japan's farmland legislation and major farmland policies with these characteristics.