농지매수청구의 개선방안에 관한 연구

Abstract Under the Agricultural Land Act, a request for purchase of agricultural land refers to a request for purchase by an agricultural land owner to the Korea Rural Community Corporation when there are restrictions on the property rights of the agricultural land. These agricultural land purchase requests include purchase requests based on agricultural land disposal orders and purchase requests in agricultural promotion areas. An agricultural land disposal order is an order issued by an administrative agency to the owner of agricultural land to dispose of the agricultural land if the grounds for an agricultural land disposal order are met in accordance with Article 11 of the Agricultural Land Act, which is based on the principle of inheritance of agricultural land under Article 121 of the Constitution. In addition, agricultural promotion areas are designated by administrative agencies in accordance with Article 28 of the Agricultural Land Act, which is based on Article 122 of the Constitution, to efficiently utilize and preserve agricultural land in accordance with the basic agricultural land management plan. Agricultural landowners may request a purchase order for agricultural land subject to a disposal order or designated as an agricultural promotion area. In practice, most agricultural land purchase requests are filed when the owner has not disposed of the land subject to disposal within the mandatory disposal period for agricultural land not used for agricultural purposes, as stipulated in Article 10 of the Agricultural Land Act. The Agricultural Land Act only stipulates that “Agricultural land owners may request a purchase from the Korea Rural Community Corporation” and that “upon receiving a purchase request, the purchase may be made based on the publicly announced price or appraised value.” These regulations allow the Korea Rural Community Corporation to unilaterally decide whether to purchase agricultural land and the purchase price. Even if agricultural land is purchased, it tends to be purchased at unreasonable prices, potentially sparking dissatisfaction among landowners and creating social problems. This could render the agricultural land purchase claim system meaningless. In order to resolve these issues, the method and criteria for deciding on agricultural land purchase, agricultural land purchase procedures, method and timing for calculating agricultural land purchase prices, and method and criteria for determining agricultural land purchase prices should be clearly and specifically stipulated in enforcement decrees or enforcement rules. In addition, the Agricultural Land Act has provisions for disposition obligations in cases where agricultural management is not conducted or disguised management is conducted, but does not have provisions for punishment. However, in cases where the disposition obligation is violated, a disposition order can be issued, a purchase request can be made upon receipt of the disposition order, and in cases where the disposition order is not complied with, a performance enforcement fine, which is an indirect means of enforcement, can be imposed. These regulations can lead non-farmers to misuse their farmland and engage in speculative behavior. Therefore, to ensure the principle of "freedom of the farmer," regulations should be in place to directly punish those who fail to cultivate their farmland or engage in disguised management. In addition, when a disposition order is not complied with, instead of imposing a compulsory performance fine, a provision for administrative penalties as a direct means of punishment should be established. The current Agricultural Land Act does not clearly stipulate the purchase of agricultural land and the purchase price, making it difficult to realize the feasibility of agricultural land purchase requests. Even if it is implemented, it is not realistic and practical, leading to complaints from agricultural land owners. Therefore, in order to reasonably execute farmland purchase requests, it is necessary to clearly specify the method and criteria for farmland purchase decisions, farmland purchase procedures, determination and criteria for farmland purchase prices, or methods and timing for calculating farmland purchase prices. In any case, in order to achieve the effectiveness of the farmland purchase request, the farmland owner needs to utilize the farmland in a way that suits the characteristics and circumstances of the farmland, and by understanding the legal procedures and regulations related to farmland, he/she should move in a reasonable direction that can realize the principle of inheritance by the farmer.