Assemblyman Shin Jeong-hoon Introduces Bill to Strengthen Farmland Preservation and Prevent Farmland Speculation by Outsiders

[Asia Economy Honam Reporting Headquarters Reporter Park Seon-gang] Representative Shin Jeong-hoon (Naju·Hwasun, Jeollanam-do, Democratic Party of Korea) announced on the 14th that he has taken the lead in proposing the "Strengthening Farmland Preservation and Preventing Farmland Speculation by Outsiders Act (Farmland Act)" to ensure that farmland is preserved as a means of production for farmers.

The amendment to the Farmland Act limits the inheritance and abandoned farmland that non-farmers can own to 10,000㎡, entrusting all of it to organizations such as the Korea Rural Community Corporation for leasing or free use, and mandates the disposal of farmland exceeding ownership limits within three years.

Even for self-cultivated farmland, if one intends to own farmland above a certain scale that could significantly infringe on the agricultural management and livelihood rights of other farmers, permission must be obtained. Additionally, weekend and experiential farming lands are restricted from acquisition in agricultural promotion areas, greatly strengthening overall management of farmland ownership by non-farmers.

Furthermore, the bill establishes a farmland committee, requires farmland acquisition qualification certificates to be reviewed by the committee when issued in areas prone to speculation, mandates submission of supporting documents when issuing such certificates, imposes fines for falsifying agricultural management plans, and requires reporting when plans are changed.

In addition, it aims to enhance the representation of farmers in agricultural corporations, prohibits agricultural corporations from buying, brokering, or leasing farmland for profit, and restricts them from acquiring new farmland if they engage in non-agricultural businesses such as real estate or have not managed agriculture for over a year.

Other provisions include establishing special cases prohibiting claims for the return of benefits from nominal trust, blocking factors of nominal speculation, conducting comprehensive investigations related to illegal ownership, and limiting lease fees.

The current Farmland Act has faced criticism for excessive exceptions allowing non-farmers to own farmland, undermining the constitutional principle of "Gyeongja Yujeon (耕者有田)"?the right of tillers to own land.

In particular, weekend and farming experience lands have been exploited as loopholes, allowing inheritance of farmland without actual farming, and farmland ownership remains possible even after quitting farming. The farmland acquisition qualification certificate system, which should serve as a shield to preemptively regulate non-farmer ownership, has deteriorated into a mere formality.

Moreover, with eased acquisition requirements for agricultural corporations, it has become difficult to regulate speculative practices such as splitting shares in planned real estate, and there is potential for abuse of the system, such as planting perennial crops during the grace period after farmland disposal obligations are imposed.

Representative Shin Jeong-hoon stated, "The farmland speculation controversy over the planned sites of the 3rd phase new towns has exploded like a powder keg, but limiting this to a few deviations cannot eradicate the problem. It is time for fundamental reconsideration of the patchwork Farmland Act that has caused widespread speculation."

He added, "Farmland is an essential resource performing various public functions such as food security and national land environmental conservation. It must not be left to become a speculation ground for outsiders, which is the lifeline and source of livelihood for farmers. We must preserve rural areas and uphold the value of agriculture."