프랑스 농지관리공사(SAFER)의 농지우선매수권에 관한 연구 - 농지이용접근권 보장을 위한 법정책적 시사점 -

The reserarch purpose of this paper is to examine the legal relationship and institutional function of farmland priority purchase right(the right of first offer for farmland) as a way to overcome the structural problems of Korea's farmland system and guarantee the farmer's right to access to farmland. In the 1960s, France established the SAFER(SAFER: Sociétés d’aménagement foncier et d’établissement rural) to guarantee the right to access to farmland, stabilize farmland transactions, and manage the total amount of farmland for food management at an appropriate level, as the traditional agricultural management system pressured from external competition and the concentration of capital in agriculture intensified. Public authority legalized the right to preferential purchase of farmland. The farmland preferential purchase right is a system that aims to publicly manage farmland by purchasing farmland preferentially by intervening in the process of farmland transactions such as farmland auction procedures or farmland transaction reporting procedures. The right to preferential purchase of farmland is a legal right entitled to the state or local government, or a specific public institution such as a farmland bank. It is a right of formulation that establishes a sales relationship in accordance with the provisions of the law if the buyer expresses his or her intention to purchase farmland in priority over the person wishing to purchase it during the farmland transaction process. SAFER of France manages farmland resource by exercising the right to preferential purchase of farmland. The right to preferential purchase of farmland functions as a mechanism to institutionally guarantee farmers' right to access farmland, which must be guaranteed under the Constitution, by the government managing farmland at an appropriate level. It can be seen that SAFER's right to preferential purchase of farmland contributes to suppressing farmland speculation, ensuring the entry of young and new farmers, and strengthening the function of agriculture and rural areas. The question of whether restricting the rights of farmland owners in such a procedure is justified in the Constitution was reviewed, and the specific methodology for exercising the right to preempt farmland and the methodology for operating the procedure fairly were reviewed. In Korea, there are limits to guaranteeing access to farmland due to the lack of effective mechanism such as farmland banks, farmland acquisition qualification certificates, and agricultural promotion zone systems. Accordingly, implications can be found in the French SAFER system in terms of the basic direction, legislative tasks, expected issues, and response measures for legislating farmland preferential purchase rights in Korea. In farmland transactions, we make it possible to manage farmland appropriately through a method of confirming the intention to sell farmland between parties through the farmland transaction approval system, a method of allowing a public corporation in charge of farmland management affairs to exercise the right to preferential purchase of farmland in the farmland auction process, and a method of allowing farmers to exercise their right to purchase to a public corporation in charge of farmland management affairs in order to sell farmland, ensuring equity and sustainability of farmland use.