Anyone Can Acquire, Management Neglected... Hollow Agricultural Land Acquisition Certificates

Issuance of Acquisition Certificates Considering Farming Ability
Lack of Post-Control Management... Essentially Formal Requirement

Some employees of Korea Land and Housing Corporation (LH) were abruptly excluded from their duties after allegations arose that they purchased land for speculative purposes in the Gwangmyeong and Siheung new towns in Gyeonggi Province before the areas were designated as new towns.
The photo shows crops left unattended in a field in Gwarim-dong, Siheung-si, Gyeonggi-do, where speculation allegations were raised on the afternoon of the 3rd.

Most of the land purchased by employees of Korea Land and Housing Corporation (LH) before the designation of the Gwangmyeong-Siheung new town has been confirmed as farmland, raising concerns about the laxity of the farmland acquisition system. The farmland acquisition qualification certificate is a system that reviews the qualifications of individuals purchasing farmland and only allows qualified persons to acquire farmland. However, in reality, anyone can easily acquire farmland, and there is virtually no follow-up management.

According to data released on the 4th by the People's Solidarity for Participatory Democracy and the Lawyers for a Democratic Society (Minbyun), 98.6% of the land purchased under suspicion this time is farmland such as fields and paddies. In principle, farmland can only be owned by farmers and agricultural corporations. This is based on the principle of "Gyeongja Yujeon" (the right to cultivate land) stated in the Constitution and aims to prevent farmland speculation by non-farmers.

According to Article 7 of the Enforcement Decree of the Farmland Act, to obtain a farmland acquisition qualification certificate, one must submit an application form along with an agricultural management plan to the city, district, town, or township where the farmland is located. During this process, the applicant's farming ability, intention to farm, residence, occupation, and other farming conditions are comprehensively considered to verify whether the contents of the agricultural management plan are feasible. If it is judged that the land can be used for the intended purpose after acquisition, the certificate is issued.

The fact that LH employees hold land means that their farmland acquisition qualification certificates were approved. On the ground, the prevailing view is that the farmland acquisition qualification certificate is merely a formal requirement. A licensed real estate agent near the Gwangmyeong-Siheung new town site, Mr. A, said, "If you just submit a farming plan and a plan for procuring farming equipment in the correct format, you can basically get the acquisition qualification certificate."

Experts also point out that the LH employees' speculative land acquisition scandal was predictable under the current Farmland Act. The Farmland Act was established in 1994 by consolidating the Farmland Reform Act and the Farmland Lease Management Act. Since then, farmland regulations have shifted from pre-regulation to post-regulation. Acquisition of farmland is freely allowed, but if farming is difficult, disposal orders are issued afterward.

Professor Sa Dong-cheon of the College of Law at Hongik University (President of the Korean Agricultural Law Association) said, "Since the enactment of the Farmland Act in 1994, practically anyone can acquire farmland," adding, "If the system has shifted to post-regulation, follow-up management and control should be implemented, but this function is not working at all." The reality is that the administrative personnel responsible for managing and controlling farmland acquisition in cities, counties, and districts are only one or a few.

It is also problematic that there are no penalties even if fraud or forgery is detected during the farmland acquisition certification process. Professor Sa said, "Even if farmland is acquired through forgery or fraudulent means, currently there is no punishment, only a disposal order within six months," and added, "Post-acquisition penalties should be codified, and thorough investigation and management after farmland acquisition should be ensured."