Real Estate

FARMLAND & FARMER UNDER FARMLAND ACT

글 | 유환일 기자 2021-09-30 / 17:15

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If we may consider the settlements in the rural area, we should pay a speacial attention to the Farmland Act.

 

In korea, historically, the farmland has had a special meaning and it has been treated specially especially for the purpose of the protecting the farmer, etc.

 

The Farmland Act consists of 62 articles, but it is not easy to be interpreted and the enforcement of this Act is very strict. Further, some meaing of words or expression is not clear which triggers some dispute, which should be resolved by the subsequent revision, etc.

 

However, here, refer to a basic purpose of this act and the basic keywords very briefly.

 

      Ariticle 1 provides the purpose of this act as follows.

 

  The purpose of this Act is to contribute to the strengthening of agricultural competitiveness, the balanced development of the national economy, and the preservation of national land based on the stabilization of farmers’ agricultural management and the improvement of agricultural productivity through the efficient utilization and management of farmland by prescribing matters necessary for ownership, utilization, preservation, etc. of farmland.

 

  And, the legal definition of the keyword of the "farmland" will be  as follows.

 

  Article 2 The term "farmland" means any of the following pieces of land:

(a) A rice field, a field, an orchard, and other land actually used as farmland for crops, or land for cultivating perennial plants prescribed by Presidential Decree, regardless of the legal land category: Provided, That any land prescribed by Presidential Decree, including grassland created under the Grassland Act, is excluded herefrom;

 

(b) Land for facilities prescribed by Presidential Decree as improvement facilities and production facilities for agricultural and stock farm products installed on the land referred to in item (a);

 

Furtehrmore, farmer will be legalled defined as follows

 

  The term "farmer" means any individual prescribed by Presidential Decree who is engaged in agriculture;

 

  The Presidential Decree provides in more details as follows:

1. A person who cultivates or cultivates crops or perennial plants on farmland of 1,000 square meters or more, or engages in agriculture for more than 90 days a year; 2. A person who cultivates or cultivates crops or perennial plants by installing fixed greenhouses, mushroom growers, vinyl houses, and other facilities necessary for agricultural production prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs of 330 square meters or more on farmland; 3. A person who raises 2 large livestock, 10 medium livestock, 100 cattle, 1,000 poultry, 10 groups of bees, or engages in livestock industry for 120 days or more in a year 4. A person whose annual sales amount of agricultural products through agricultural management is not less than 1.2 million won;

 

Particularly, the definition of farmer is very important because farmer has a varity of benefits in terms of tax, social welfare, etc.

 

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