파산절차에서 농지의 이용에 관한 쟁점 연구

Korea’s farmland legislation has developed against the backdrop of a traditional ideology aimed at preventing land speculation, combined with a more modern policy imperative to enhance agricultural productivity and thereby strengthen international competitiveness. Reflecting these dual objectives, the Farmland Act introduces regulatory mechanisms that significantly depart from the general principles of the Civil Act, thereby creating a complex interface between public-law regulation and private-law autonomy. For example, the Act, as a rule, prohibits the leasing or gratuitous lending of farmland, while at the same time establishing special institutional arrangements such as entrustment cultivation contracts, long-term leases administered by the Korea Rural Community Corporation (KRCC), the designation of surrogate cultivators, and administrative orders to terminate unlawful leases. Bankruptcy proceedings, however, constitute a collective and comprehensive execution system that also prescribes numerous exceptions to ordinary civil-law principles. Accordingly, the statutory framework governing bankruptcy necessarily comes into tension with the regulatory scheme of the Farmland Act, producing multiple points of doctrinal and practical conflict. This study identifies and analyzes eight major legal issues arising from the utilization of farmland in the context of bankruptcy proceedings. The issues addressed include: (i) the lease of farmland; (ii) entrustment cultivation contracts and long-term leases through the KRCC; (iii) farmland lease contracts executed in violation of the Farmland Act; (iv) the designation of surrogate cultivators; (v) the conclusion of new farmland lease contracts during bankruptcy; (vi) administrative orders to terminate farmland leases; (vii) the gratuitous lending of farmland; and (viii) chonsegwon and superficies rights on farmland.