FARMLAND ACT
Wholly Amended by Act No. 8352, Apr. 11, 2007
Amended by Act No. 8466, May 17, 2007
Act No. 8749, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9276, Dec. 29, 2008
Act No. 9620, Apr. 1, 2009
Act No. 9717, May 27, 2009
Act No. 9721, May 27, 2009
Act No. 9758, jun. 9, 2009
Act No. 10303, May 17, 2010
Act No. 10599, Apr. 14, 2011
Act No. 11171, Jan. 17, 2012
Act No. 11599, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11694, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 13405, Jul. 20, 2015
Act No. 13796, Jan. 19, 2016
Act No. 13782, Jan. 19, 2016
Act No. 14209, May 29, 2016
Act No. 14242, May 29, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14985, Oct. 31, 2017
CHAPTER I GENERAL PROVISIONS
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.
The terms used in this Act shall be defined as follows: <Amended by Act No. 8749, Dec. 21, 2007; Act No. 9620, Apr. 1, 2009; Act No. 9721, May 27, 2009>
| 1. | 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 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); |
| 2. | The term "farmer" means an individual prescribed by Presidential Decree who is engaged in agriculture; |
| 4. | The term "agricultural management" means that a farmer or an agricultural corporation conducts agricultural business on his/her or its own account and responsibility; |
| 5. | The term "self-cultivation" means that a farmer is constantly engaged in cultivating crops or growing perennial plants in his/her own farmland, or cultivates or grows at least 1/2 of the farming work with his/her own labor, or that an agricultural corporation cultivates crops or grows perennial plants in its own farmland; |
| 6. | The term "entrusted management" means a form of agricultural management in which the owner of farmland entrusts all or part of the farming works to another person by agreeing with him/her to pay a certain remuneration for such works; |
| 7. | The term "diversion of farmland" means that farmland is used for purposes other than for agricultural production or improvement of farmland, such as the cultivation of crops or the growing of perennial plants: Provided, That where the farmland is used for the purpose prescribed in subparagraph 1 (b), it shall not be deemed diversion. |
| Article 3 (Basic Ideology concerning Farmland) |
| (1) | Since farmland is the foundation necessary for supplying food to Korean citizens and for preserving the national environment, and is a valuable finite resource influencing the harmonious development of agriculture and the national economy, it shall be carefully preserved and properly managed for public welfare and the exercise of the rights to farmland shall entail necessary restrictions and obligations. |
| (2) | Farmland shall be owned and used in a manner that enhances agricultural productivity, and shall not become an object of speculation. |
| Article 4 (Obligations of State, etc.) |
| (1) | The State and local governments shall devise and execute farmland-related policies so that the basic ideology concerning farmland may be realized. |
| (2) | When formulating farmland-related policies, the State and local governments shall endeavor to contribute to the fostering of agriculture and the balanced development of the national economy by ensuring that farmland can be preserved and reasonably utilized through necessary regulations and adjustment. |
| Article 5 (Citizens’ Obligations) |
Every citizen shall respect the basic ideology concerning farmland and cooperate in implementation of policies concerning farmland by the State and local governments.
CHAPTER II OWNERSHIP OF FARMLAND
| Article 6 (Restrictions on Farmland Ownership) |
| (1) | Farmland shall be owned only by a person who uses or will use it for his/her own agricultural management. |
| (2) | In any of the following circumstances, notwithstanding paragraph (1), a person may own farmland even if it is not used for his/her own agricultural management: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9276, Dec. 29, 2008; Act No. 9721, May 27, 2009; Act No. 9758, Jun. 9, 2009; Act No. 11171, Jan. 17, 2012; Act No. 11599, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14209, May 29, 2016; Act No. 14985, Oct. 31, 2017> |
| 1. | Where the farmland is owned by the State or a local government; |
| 2. | Where the farmland is acquired and owned, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, by a school under the Elementary and Secondary Education Act or the Higher Education Act, or by a public organization, agricultural research institution, agricultural producer organization, or a producer of seeds and seedlings or of other agricultural machinery and materials, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, to be used as a site necessary for experiments, research, practice, production of seeds and seedlings, or production of pollen used for artificial pollination of fruit trees so that he/she or it conducts his/her or its intended business; |
| 3. | Where the person owns the farmland to conduct weekend or experience farming (referring to an individual, other than a farmer, cultivating crops or growing perennial plants as a hobby or leisure activity on the weekend; hereinafter the same shall apply); |
| 4. | Where the person acquires and owns the farmland by inheritance (including a testamentary gift to an inheritor; hereinafter the same shall apply); |
| 5. | Where the person retains the ownership of the farmland owned at the time he/she ceased farming even after he/she, who had conducted agricultural management for a period longer than that prescribed by Presidential Decree, ceased farming; |
| 7. | Where the farmland is owned by a person who has obtained permission to divert farmland under Article 34 (1) (including any authorization, permission, and approval, etc. which is legally construed as permission to divert farmland under other Acts), or a person who has filed a report on diversion of farmland under Article 35 or 43; |
| 8. | Where the person owns farmland, the consultation on diversion of which under Article 34 (2) has been complete; |
| 9-2. | Where the person owns farmland outside an agricultural promotion area referred to in Article 28, the average inclination rate from the uppermost to the lowest parts of which is at least 15 degrees, as prescribed by Presidential Decree; |
| 10. | In any of the following cases: |
| (d) | Where farmland is acquired and owned by land expropriation; |
| (3) | Where farmland is leased or lent gratuitously pursuant to Article 23 (1) 2 through 6, notwithstanding paragraph (1), the ownership of the farmland may be retained during the period of the lease or lending, even if the farmland is not used for his/her own agricultural management. <Amended by Act No. 13405, Jul. 20, 2015> |
| (4) | Except as permitted in this Act, no special case concerning the ownership of farmland shall be prescribed. |
| Article 7 (Maximum Limit of Farmland Ownership) |
| (1) | A person who has acquired farmland by inheritance but does not conduct agricultural management therein may own a total of up to 10,000 square meters of the farmland inherited. |
| (2) | A person who ceased farming after he/she had conducted agricultural management for a period longer than that prescribed by Presidential Decree may own a total of up to 10,000 square meters of the farmland owned as at the time of ceasing farming. |
| (3) | A person who intends to conduct weekend or experience farming may own a total of less than 1,000 square meters of farmland. In such cases, the calculation of the area shall be made based on the gross area owned by all members of his/her household. |
| (4) | Where farmland is leased or lent gratuitously pursuant to Article 23 (1) 7, notwithstanding paragraph (1) or (2), the farmland may continue to be owned during that period, even if the maximum limit of ownership is exceeded. <Amended by Act No. 13405, Jul. 20, 2015> |
| Article 8 (Issuance of Qualification Certificates for Acquisition of Farmland) |
| (1) | Any person who intends to acquire farmland shall obtain a qualification certificate for acquisition of farmland from the head of a Si (referring to the head of a Si which does not have Gus and, in the case of a Si combined with forms of urban and rural communities, referring to cases where the location of the farmland is in the same Si only), the head of a Gu (in the case of a Gu of a Si combined with forms of urban and rural communities, referring to cases where the location of the farmland is in the same Gu only), or the head of a Eup or Myeon (hereinafter referred to as the "head of a Si/Gu/Eup/Myeon") having jurisdiction over the location of the farmland: Provided, That in any of the following cases, a person may acquire farmland without obtaining a qualification certificate for acquisition of farmland: <Amended by Act No. 9721, May 27, 2009> |
| 1. | Where acquiring farmland under Article 6 (2) 1, 4, 6, 8, or 10 (excluding item (f) of the same subparagraph); |
| 2. | Where acquiring farmland by merger of agricultural corporations; |
| 3. | Where acquiring farmland due to the partition of co-owned farmland, or due to other reasons prescribed by Presidential Decree. |
| (2) | A person who intends to obtain a qualification certificate for acquisition of farmland under paragraph (1) shall prepare an agricultural management plan containing each of the following matters and file an application for issuance to the head of a Si/Gu/Eup/Myeon having jurisdiction over the location of the farmland: Provided, That a person who acquires farmland under Article 6 (2) 2, 3, 7, 9, 9-2 or, 10 (f) may file an application for issuance without preparing an agricultural management plan: <Amended by Act No. 9721, May 27, 2009> |
| 1. | The area of the farmland to be acquired; |
| 2. | A plan for securing labor force, agricultural machinery, equipment, and facilities required for the agricultural management of the farmland to be acquired; |
| 3. | The utilization status of the farmland owned (only applicable to a person who owns farmland). |
| (3) | Matters necessary for applications and procedures for issuance under the main sentence of paragraph (1) and paragraph (2) and other matters shall be prescribed by Presidential Decree. |
| (4) | When a person who acquires farmland after having obtained a qualification certificate for acquisition of farmland under the main sentence of paragraph (1) and paragraph (2) applies for registration of the farmland ownership, he/she shall attach thereto the qualification certificate for acquisition of farmland. |
| Article 9 (Entrusted Management of Farmland) |
An owner of farmland shall not entrust the management of his/her own farmland to another person except in any of the following cases:
| 2. | Where traveling abroad for at least three months; |
| 3. | Where an agricultural corporation is in liquidation; |
| 4. | Where self-cultivation is impossible due to disease, school attendance, taking public office by election, or other reasons prescribed by Presidential Decree; |
| 5. | Where the management of farmland is entrusted according to the implementation plan for the farmland utilization promotion project under Article 17; |
| 6. | Where a farmer entrusts part of his/her farming work to another person due to lack of his/her own labor. |
| Article 10 (Disposal of Farmland, etc. not Used for Agricultural Management) |
| (1) | In any of the following cases, an owner of farmland shall dispose of the farmland at issue (in cases falling under subparagraph 6, referring to farmland, the area of which exceeds the maximum limit of farmland ownership) within one year from the date of occurrence of the relevant cause: <Amended by Act No. 9721, May 27, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Where an owner fails to use his/her farmland for his/her own agricultural management without justifiable reasons prescribed by Presidential Decree, including natural disasters, farmland improvement, and diseases, or where the head of a Si (referring to a Si which has no Gu; hereafter the same shall apply in this Article)/Gun/Gu has recognized as such; |
| 2. | Where three months have passed since an agricultural corporation owning the farmland failed to meet the requirements referred to in subparagraph 3 of Article 2; |
| 3. | Where the head of a Si/Gun/Gu has recognized that a person who acquired the farmland under Article 6 (2) 2 ceases to use the farmland for the relevant intended project; |
| 4. | Where the head of a Si/Gun/Gu has recognized that a person who acquired the farmland under Article 6 (2) 3 ceases to use the farmland for weekend or experience farming without any justifiable reasons prescribed by Presidential Decree, including natural disasters, farmland improvement or diseases; |
| 5. | Where a person who acquired the farmland pursuant to Article 6 (2) 7 has not commenced the intended project within two years from the date of acquisition of such farmland; |
| 5-2. | Where a person owns the farmland without finishing consultation with the Minister of Agriculture, Food and Rural Affairs under Article 6 (2) 10 (e); |
| 5-3. | Where a person fails to, without delay, entrust his/her farmland to the Korea Rural Community Corporation under Article 6 (2) 10 (f); |
| 6. | Where it has been proved that the owner of farmland owns the farmland in excess of the maximum limit of farmland ownership determined under Article 7; |
| 7. | Where it has been proved that the farmland was owned with the qualification certificate for acquisition of farmland issued under Article 8 (1) by fraudulent or other unjust means; |
| 8. | Where the head of a Si/Gun/Gu has recognized that the owner of farmland has not implemented the details of the agricultural management plan under Article 8 (2) without justifiable reasons prescribed by Presidential Decree, including natural disasters, farmland improvement or diseases. |
| (2) | The head of a Si/Gun/Gu shall notify the owner of farmland who has become liable to dispose of farmland under paragraph (1) that he/she shall dispose of the farmland, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, specifying information on the farmland subject to disposal and the period of obligation for disposal, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 11 (Disposal Orders and Requests for Purchase) |
| (1) | The head of a Si (referring to the head of a Si which has no Gu)/Gun/Gu may order an owner of farmland who has not disposed of farmland subject to disposal within the period of obligation for disposal under Article 10 to dispose of the farmland within six months. |
| (3) | Upon receipt of a request to purchase farmland under paragraph (2), the Korea Rural Community Corporation may purchase the farmland on the basis of the officially notified land price under the Act on the Public Announcement of Real Estate Values (referring to the individual land price calculated under Article 8 of the same Act if there is no officially published land price for the relevant land; hereinafter the same shall apply). In such cases, if the actual transaction price of the land in the neighborhood is lower than the officially published land price, it may purchase the relevant land based on the actual transaction price. <Amended by Act No. 9276, Dec. 29, 2008; Act No. 13796, Jan. 19, 2016> |
| Article 12 (Postponement of Disposal Orders) |
| (1) | Where an owner of farmland who has not disposed of his/her farmland subject to disposal within the period of obligation for disposal under Article 10 (1) falls under any of the following cases, the head of a Si (referring to the head of a Si which has no Gu; hereinafter the same shall apply)/Gun/Gu may postpone ex officio the disposal order under Article 11 (1) for three years from the date the period of obligation for disposal has passed: <Amended by Act No. 9276, Dec. 29, 2008> |
| 1. | Where he/she uses the relevant farmland for his/her own agricultural management; |
| 2. | Where he/she has concluded a consignment sales contract for the relevant farmland with the Korea Rural Community Corporation or other persons prescribed by Presidential Decree. |
| (2) | Where an owner of farmland for whom a disposal order has been postponed under paragraph (1) ceases to fall under any of the subparagraphs of paragraph (1) during the period of postponement of the disposal order, the head of a Si/Gun/Gu shall order the disposal postponed without delay. |
| (3) | With regard to an owner of farmland subject to postponement of a disposal order, where the period of postponement has passed without him/her receiving a disposal order under paragraph (2), it shall be deemed that only the obligation for disposal of the farmland for which the disposal order was postponed has been extinguished with respect to the obligation for disposal under Article 10 (1). |
| Article 13 (Acquisition of Mortgaged Farmland) |
| (1) | If there is no successful bidder, even though auction to execute the mortgage right has been held on at least two occasions, a mortgagee of farmland who falls under any of the following subparagraphs may participate in auction for the mortgaged farmland held thereafter and acquire ownership of the mortgaged farmland: <Amended by Act No. 9276, Dec. 29, 2008; Act No. 10303, May 17, 2010; Act No. 10522, Mar. 31, 2011; Act No. 10682, May 19, 2011; Act No. 14242, May 29, 2016> |
| 1. | Regional agricultural cooperatives, regional livestock cooperatives, cooperatives by item or by business and their national federation and Nonghyup Bank under the Agricultural Cooperatives Act, district fisheries cooperatives, fisheries cooperatives by business, fisheries cooperatives for processed marine products, their national federation and Suhyup Bank under the Fisheries Cooperatives Act, regional forestry cooperatives, forestry cooperatives by item or by business and their national federation under the Forestry Cooperatives Act; |
| 2. | The Korea Rural Community Corporation; |
| 3. | Banks established pursuant to the Banking Act or other financial institutions prescribed by Presidential Decree; |
| (2) | The mortgagee of farmland referred to in paragraph (1) 1 and 3 may entrust the disposition of the farmland that he/she has acquired pursuant to paragraph (1) to the Korea Rural Community Corporation. <Amended by Act No. 9276, Dec. 29, 2008> |
CHAPTER III UTILIZATION OF FARMLAND
SECTION 1 Promotion of Utilization of Farmland, etc.
| Article 14 (Formulation of Farmland Utilization Plan) |
| (1) | The head of a Si/Gun/autonomous Gu (excluding the head of a Si/autonomous Gu, the farmland over which he/she has jurisdiction is the same as or smaller than the area prescribed by Presidential Decree) shall hear the opinions of the residents for the efficient utilization of farmland, as prescribed by Presidential Decree, and formulate a plan for the overall utilization of the farmland under his/her jurisdiction (hereinafter referred to as "farmland utilization plan") following deliberation by the Si/Gun/Gu agriculture, rural community, and food industry policy deliberative council (hereinafter referred to as "Si/Gun/Gu agriculture, rural community, and food industry policy deliberative council") under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry. The same shall also apply to any modification to the formulated plan. <Amended by Act No. 8749, Dec. 21, 2007; Act No. 9717, May 27, 2009; Act No. 11694, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015> |
| (2) | The following shall be included in each farmland utilization plan: |
| 1. | Utilization plan by district and by use; |
| 2. | Plan for expansion of management scale for the efficient utilization of farmland and the improvement of the agricultural management; |
| 3. | Plan for utilization of farmland for purposes other than farming. |
| (3) | If the head of a Si/Gun/autonomous Gu has formulated the farmland utilization plan (including modifications; hereafter the same shall apply in this Article) under paragraph (1), he/she shall confirm and publicly announce the contents of the plan with the approval of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor (hereinafter referred to as "Mayor/Do Governor"), and make the contents of the plan available for public perusal. |
| (4) | When the farmland utilization plan is confirmed, the Mayor/Do Governor, or the head of a Si/Gun/autonomous Gu shall endeavor to ensure that the farmland under his/her jurisdiction may be properly utilized or developed in accordance with the farmland utilization plan, and provide necessary investment and support. |
| (5) | Matters necessary for formulating farmland utilization plans shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 15 (Execution of Farmland Utilization Promotion Projects) |
The head of a Si/Gun/autonomous Gu, the Korea Rural Community Corporation, or other person prescribed by Presidential Decree (hereinafter referred to as "project operator") may execute any of the following projects to promote the utilization of farmland in accordance with the farmland utilization plan (hereinafter referred to as "farmland utilization promotion project"): <Amended by Act No. 9276, Dec. 29, 2008>
| 1. | A project promoting the transfer of farmland ownership by means of sale and purchase, exchange, partition, merger, etc. of farmland; |
| 2. | A project promoting establishment of the leasehold right of farmland (including rights accruing from gratuitous lending; hereinafter the same shall apply) by means of the long-term lease or long-term gratuitous lending of farmland; |
| 3. | A project promoting entrusted management; |
| 4. | A project fostering agricultural management bodies in order to improve agricultural management by the joint use or collective use of farmland by farmers or agricultural corporations. |
| Article 16 (Requirements for Farmland Utilization Promotion Projects) |
A farmland utilization promotion project shall meet each of the following requirements:
| 1. | Farmland shall be used for the purpose of agricultural management; |
| 2. | Establishment of the leasehold right of, transfer of the ownership of farmland, entrustment of and being entrusted with agricultural management shall contribute to the expansion of the scale of the agricultural management of a farmer or an agricultural corporation or to the collectivization of farmland utilization; |
| 3. | It shall contribute to promoting the efficiency of agricultural management by reducing expenses of agricultural management, including both production and distribution expenses of agricultural products through automation, mechanization, etc. |
| Article 17 (Formulation of Implementation Plans for Farmland Utilization Promotion Projects) |
| (1) | When the head of a Si/Gun/autonomous Gu intends to implement a farmland utilization promotion project, he/she shall formulate an implementation plan for the farmland utilization promotion project, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall finalize it following deliberation by the Si/Gun/Gu agriculture, rural community, and food industry policy deliberative council. The same shall also apply to any modification to the formulated plan. <Amended by Act No. 8749, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9717, May 27, 2009; Act Nos. 11690 & 11694, Mar. 23, 2013> |
| (2) | When a project operator, other than the head of a Si/Gun/autonomous Gu, intends to perform a farmland utilization promotion project, he/she shall formulate an implementation plan for the farmland utilization promotion project, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and submit it to the head of a Si/Gun/autonomous Gu. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | If deemed necessary to supplement an implementation plan for the farmland utilization promotion project submitted under paragraph (2), the head of a Si/Gun/autonomous Gu may request the relevant project operator to supplement the plan, specifying the reasons and period for such supplementation. |
| (4) | Each of the following matters shall be included in an implementation plan for the farmland utilization promotion project: <Amended by Act No. 8852, Feb, 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Areas where the farmland utilization promotion project is to be performed; |
| 2. | Matters concerning a person who has ownership or a leasehold right of farmland, a person for whom a leasehold right will be established, a person to whom ownership will be transferred, or a person who entrusts agricultural management or who will be entrusted therewith; |
| 3. | Matters concerning farmland for which the leasehold right is established, farmland the ownership of which is transferred, farmland the agricultural management of which is entrusted, or farmland a person is entrusted with its agricultural management; |
| 4. | Matters concerning the details of the leasehold right to be established or the details of entrusting or being entrusted with agricultural management; |
| 5. | The timing for transfer of the ownership, the price for the transfer, the payment method for price for the transfer, and other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 18 (Public Notification and Effect of Implementation Plans for Farmland Utilization Promotion Projects) |
| (1) | When the head of a Si/Gun/autonomous Gu has confirmed an implementation plan for the farmland utilization promotion project under Article 17 (1) or has received such plan under paragraph (2) of the same Article (where he/she requested the project operator to supplement it under paragraph (3) of the same Article, the time the supplementation thereof has been completed), he/she shall, without delay, publicly notify the implementation plan, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and make it available for public perusal by related persons. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where an implementation plan for the farmland utilization promotion project has been publicly notified under paragraph (1), the project operator shall, as prescribed by Presidential Decree, entrust the registration of the relevant farmland, with the consent of the persons included in such plan and referred to in Article 17 (4) 2. |
| (3) | Where the project operator entrusts the registration under paragraph (2), the papers which have finalized the implementation plan for the farmland utilization promotion project under Article 17 (1) or the papers which have publicly notified the implementation plan for the farmland utilization promotion project under paragraph (1) and the written consent under paragraph (2) shall be deemed papers proving the cause of the registration under the Registration of Real Estate Act. <Amended by Act No. 10580, Apr. 12, 2011> |
| Article 19 (Support for Farmland Utilization Promotion Projects) |
The State and local governments shall provide guidance and arrangement necessary for smoothly performing a farmland utilization promotion project and may partially subsidize expenses incurred in implementing such project within budgetary limits.
| Article 20 (Designation, etc. of Surrogate Cultivators) |
| (1) | The head of a Si (referring to the head of a Si which has no Gus; hereafter the same shall apply in this Article)/Gun/Gu may ex officio designate a person who will cultivate idle farmland (referring to farmland prescribed by Presidential Decree as one not used for cultivating crops or growing perennials; hereinafter the same shall apply) instead of an owner or a lessee of the said farmland (hereinafter referred to as "surrogate cultivator"), as prescribed by Presidential Decree, or receive applications from those who desire to cultivate idle farmland to designate surrogate cultivators, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11171, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | When the head of a Si/Gun/Gu intends to designate a surrogate cultivator under paragraph (1), he/she shall give prior notice thereof to the owner or the lessee of the farmland, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and when he/she has designated a surrogate cultivator, he/she shall send a written notice of designation to the surrogate cultivator and the owner or the lessee of the farmland, respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The period for cultivation by surrogate cultivator shall be three year unless prescribed otherwise. <Amended by Act No. 11171, Jan. 17, 2012> |
| (4) | The surrogate cultivator shall pay ten percent of the yield to the owner or the lessee of the relevant farmland as the rent of the farmland, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, if the owner or the lessee refuses to receive the rent or if it is impracticable to pay the rent, the surrogate cultivator may deposit the rent of the farmland. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | In order for the owner or the lessee of the farmland cultivated by surrogate cultivator to directly cultivate the said farmland, he/she shall apply, by no later than three months prior to the expiration of the period for cultivation by surrogate cultivator under paragraph (3) and after the expiration of the period for cultivation by surrogate cultivator, for the suspension of the designation of the surrogate cultivator to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and upon receipt of such application, the head of a Si/Gun/Gu shall notify the surrogate cultivator and the owner or the lessee of the relevant farmland of the suspension of the designation of the surrogate cultivator within one month from the date of the receipt of the application. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (6) | In any of the following cases, the head of a Si/Gun/Gu may terminate the designation of the surrogate cultivator even before the expiration of the period for cultivation by surrogate cultivator: |
| 1. | Where the owner or the lessee of the farmland cultivated by a surrogate cultivator applies for termination of the designation as surrogate cultivator with justifiable reasons; |
| 2. | Where the surrogate cultivator neglects his/her cultivation; |
| 3. | Where there exist other reasons prescribed by Presidential Decree. |
| Article 21 (Improvement and Preservation of Soil) |
| (1) | The State and local governments shall implement projects to improve and preserve soil and devise policies concerning experiments, research, survey, etc. for improving and preserving soil so that farmers and agricultural corporations may continue environmental agricultural management. |
| (2) | In order to achieve the purposes referred to in paragraph (1), the State may partially subsidize, within budgetary limits, the expenses incurred by local governments, agricultural producers’ organizations, farmers, or agricultural corporations, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs in executing projects to improve and preserve soil. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 22 (Prevention of Fractionation of Farmland Ownership) |
| (1) | In order to prevent the fractionation of farmland ownership of farmers or agricultural corporations, the State and local governments may give necessary support so that farmland may be inherited by, donated, or transferred to, a farmer or an agricultural corporation en bloc. |
| (2) | No farmland where a rearrangement project for agricultural production infrastructure under the Rearrangement of Agricultural and Fishing Villages Act has been performed shall be partitioned except under any of the following circumstances: <Amended by Act No. 9721, May 27, 2009; Act No. 10599, Apr. 14, 2011> |
| 1. | Where the farmland included in a residential area, commercial area, or industrial area of an urban area, or in a site for urban/Gun planning facilities under the National Land Planning and Utilization Act is divided; |
| 2. | Where the diverted farmland is partitioned with permission to divert farmland (including authorization, permission, approval, etc. which is legally construed as permission to divert farmland under other Acts) under Article 34 (1) or with the report on diversion of farmland under Article 35 or 43; |
| 3. | Where the farmland is partitioned into pieces of land, of which area after partition may exceed 2,000 square meters; |
| 4. | Where the farmland is partitioned due to reasons prescribed by Presidential Decree, including the improvement, exchange, partition or merger, etc. of farmland. |
SECTION 2 Lease, etc. of Farmland
| Article 23 (Lease or Gratuitous Lending of Farmland) |
| (1) | Except in any of the following cases, no farmland shall be leased or lent gratuitously: <Amended by Act No. 9276, Dec. 29, 2008; Act No. 9721, May 27, 2009; Act No. 13022, Jan. 20, 2015> |
| 1. | Where the farmland referred to in Article 6 (2) 1, 4 through 9, 9-2, and 10 is leased or lent gratuitously; |
| 2. | Where the farmland is leased or lent gratuitously pursuant to an implementation plan for the farmland utilization promotion project under Article 17; |
| 3. | Where the farmland owned is leased or lent gratuitously by a person who has not be engaged temporarily in agricultural management on grounds of disease, conscription, school attendance, taking public office by election, or other inevitable reasons prescribed by Presidential Decree; |
| 4. | Where the farmland that have been used for a person's own agricultural management for at least five years is leased or lent gratuitously out of the pieces of the farmland owned by the person prescribed by Presidential Decree, who has ceased to be engaged in agricultural management due to attaining the age of 60 or older; |
| 5. | Where the farmland owned under Article 6 (1) is leased or lent gratuitously to a person intending to conduct weekend or experience farming, or to a person who conducts as his/her business the lease of farmland to a person intending to conduct weekend or experience farming; |
| 6. | Where the farmland owned by an individual pursuant to Article 6 (1) is leased or lent gratuitously upon entrustment to the Korea Rural Community Corporation or other persons prescribed by Presidential Decree; |
| 7. | Where any of the following farmland is leased or lent gratuitously upon entrustment to the Korea Rural Community Corporation and other persons prescribed by Presidential Decree: |
| (a) | Farmland owned in excess of the maximum limit of ownership provided for in Article 7 (1) by a person who is not engaged in agricultural management and who has acquired the farmland by inheritance; |
| (b) | Farmland owned in excess of the maximum limit of ownership under Article 7 (2) by a person who ceased farming after he/she had been engaged in agricultural management for a period longer than that prescribed by Presidential Decree; |
| 8. | Where farmland for self-cultivation is leased or lent gratuitously for up to eight months for double cropping prescribed by the Minister of Agriculture, Food and Rural Affairs. |
| (2) | Where a person to whom farmland has been leased or lent gratuitously fails to use such farmland for agricultural management without any good cause, notwithstanding paragraph (1), the head of a Si/Gun/Gu may order termination of the lease or the gratuitous lending, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 13405, Jul. 20, 2015> |
| Article 24 (Contracting Method for Lease or Gratuitous Lending of Farmland and Confirmation thereof) |
| (1) | Each contract of lease (limited to lease to those intending to be engaged in agricultural management; hereafter the same shall apply in this Section) or of gratuitous lending (limited to gratuitous lending to those intending to be engaged in agricultural management) shall be, in principle, entered into in writing. |
| (2) | Each contract of lease referred to in paragraph (1) shall, despite the non-existence of its registration, begin to take effect against a third party from the date following the date on which the lessee obtains confirmation from the head of a Si/Gu/Eup/Myeon having jurisdiction over the location of the farmland and takes delivery of the farmland. |
| (3) | The head of a Si/Gu/Eup/Myeon shall retain the confirmation ledgers of farmland lease and shall, in receipt of a request for confirmation from a lessor or lessee possessing a deed of lease, confirm the lease, and record the details thereof in the ledgers, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11171, Jan. 17, 2012]
| Article 24-2 (Term of Lease) |
| (1) | The term of lease except that under Article 23 (1) 8 shall be at least three years. <Amended by Act No. 13022, Jan. 20, 2015; Act No. 13405, Jul. 20, 2015> |
| (2) | Where the term of lease is not set or is shorter than three years, the lease shall be deemed agreed to remain valid for three years. |
| (3) | Notwithstanding paragraph (1), a lessor may set the term of lease to be shorter than three years when there exist extenuating circumstances prescribed by Presidential Decree, such as diseases and conscription. In such cases, the lessee may claim the determined term of less than three years remain valid. |
| (4) | Paragraphs (1) through (3) shall be equally applied to the term of lease when the lease is extended, renewed or re-concluded. |
[This Article Newly Inserted by Act No. 11171, Jan. 17, 2012]
| Article 24-3 (Mediation, etc. concerning Lease Contracts) |
| (1) | When the contracting parties to a lease fails to reach a mutual agreement on the lease contract in terms of the term of lease, rents, etc., they may apply for mediation to the head of a Si/Gun/autonomous Gu having jurisdiction over the location of the farmland. |
| (2) | The head of a Si/Gun/Gu/autonomous Gu shall, upon receipt of an application for mediation pursuant to paragraph (1), without delay organize a farmland lease mediation committee and commence the mediation procedures. |
| (3) | When the contracting parties to a lease accept a mediation proposal prepared by the farmland lease mediation committee referred to in paragraph (2), such mediation proposal shall be construed as the terms and conditions of the contract concluded between the contracting parties to the relevant lease. |
| (4) | The farmland lease mediation committee referred to in paragraph (2) shall be comprised of three members, including one chairperson, and the chairperson shall be the deputy head of a Si/Gun/autonomous Gu, and the members thereof shall be commissioned by the head of a Si/Gun/autonomous Gu, from among those who have nothing to do with those stakeholders in the mediation and who are the members of the Si/Gun/Gu agriculture, rural community and food industry policy deliberative council under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry. <Amended by Act No. 11694, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015> |
| (5) | Matters necessary for the organization, operation, etc. of farmland lease mediation committees referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11171, Jan. 17, 2012]
| Article 25 (Implicit Renewal) |
Where the lessor fails to provide the lessee with a notice of his/her intention that he/she will not renew the lease or will change the terms and conditions of the lease by no later than three months before the lease ends, the lease shall be deemed renewed under the same terms and conditions as the previous one at the time the validity of the lease has been terminated. <Amended by Act No. 11171, Jan. 17, 2012>
| Article 26 (Succession to Legal Status of Lessor) |
A transferee of the leased farmland shall be deemed succeeded to the legal status of the lessor of the farmland under this Act.
| Article 26-2 (Imperative Provisions) |
Any contract in contravention of this Act and to the disadvantage of the lessee shall be nullified.
[This Article Newly Inserted by Act No. 11171, Jan. 17, 2012]
| Article 27 (Special Cases concerning Lease of State Farmland and Public Farmland) |
CHAPTER IV PRESERVATION, ETC. OF FARMLAND
SECTION 1 Designation and Use of Agricultural Promotion Areas
| Article 28 (Designation of Agricultural Promotion Areas) |
| (1) | Mayors/Do Governors shall designate an agricultural promotion area for the efficient utilization and preservation of farmland. |
| (2) | Agricultural promotion areas referred to in paragraph (1) may be designated as classified into the following specific-use areas: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Agricultural promotion areas: either of the following areas for which agricultural promotion is needed be planned and which are required to be used for agricultural purposes through the collectivization of farmland to the scale prescribed by the Minister of Agriculture, Food and Rural Affairs: |
| (a) | An area where land being used or to be used for agricultural purposes has been collectivized and a farmland creation project or an agricultural infrastructure rearrangement project has been performed or is being performed; |
| (b) | An area, other than that falling under item (a), where land being used for agricultural purposes has been collectivized; |
| 2. | Agricultural protection areas: an area necessary for protecting agricultural environment, including securing sources of water supply and preserving water quality in an agricultural promotion area. |
| Article 29 (Areas Eligible for Designation as Agricultural Promotion Areas) |
Greenbelts, management areas, agriculture and forestry areas, and natural environment preservation areas under the National Land Planning and Utilization Act are eligible for designation as an agricultural promotion area under Article 28: Provided, That green-belts in the Special Metropolitan City shall be excluded.
| Article 30 (Procedures for Designation of Agricultural Promotion Areas) |
| (1) | A Mayor/Do Governor shall designate an agricultural promotion area with the approval of the Minister of Agriculture, Food and Rural Affairs, following deliberation thereon by the City/Do agriculture, rural community, and food industry policy deliberative council under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry (hereinafter referred to as "City/Do agriculture, rural community and food industry policy deliberative council"). <Amended by Act No. 8749, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9717, May 27, 2009; Act Nos. 11690 & 11694, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015> |
| (2) | When a Mayor/Do Governor has designated an agricultural promotion area under paragraph (1), he/she shall, without delay, publicly announce such fact and notify the related agencies thereof and shall have the head of a Si/Gun/autonomous Gu make it available for public perusal. |
| (3) | Where a greenbelt or planned management area designated pursuant to the National Land Planning and Utilization Act is included in an agricultural promotion area, the Minister of Agriculture, Food and Rural Affairs shall consult with the Minister of Land, Infrastructure and Transport before he/she approves the designation of the agricultural promotion area under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Procedures for designation of agricultural promotion areas and other necessary matters for such designation shall be prescribed by Presidential Decree. |
| Article 31 (Change and Cancellation of Agricultural Promotion Areas, etc.) |
| (1) | Where there exist reasons prescribed by Presidential Decree, a Mayor/Do Governor may change or cancel an agricultural promotion area or a specific-use area. |
| (2) | Article 30 shall apply mutatis mutandis to the procedures, etc. for change or cancellation of agricultural promotion areas or specific-use areas under paragraph (1): Provided, That any change in matters prescribed by Presidential Decree, including changing an agricultural protection area to an agricultural promotion area, may be made without deliberation by the City/Do agriculture, rural community and food industry policy deliberative council or the approval of the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree. <Amended by Act No. 8749, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9717, May 27, 2009; Act Nos. 11690 & 11694, Mar. 23, 2013> |
| Article 31-2 (Listening to Opinions of Residents) |
When a Mayor/Do Governor intends to designate, change, or cancel an agricultural promotion area pursuant to Articles 30 and 31, he/she shall give prior notice of the details thereof to each owner of the relevant land and listen to the opinions of the relevant local residents, as prescribed by Presidential Decree: Provided, That the same shall not apply to either of the following circumstances: | 1. | When notice is given to each of the land owners pursuant to other statutes; |
| 2. | When any person to whom notice shall be given remains unknown or his/her address, residence or place where notice shall be given remains unknown. |
[This Article Newly Inserted by Act No. 11171, Jan. 17, 2012]
| Article 32 (Restriction on Acts in Specific-Use Areas) |
| (1) | No one shall engage in any act of utilizing land directly unrelated to agricultural production or farmland improvement within an agricultural promotion area: Provided, That the foregoing shall not apply to any of the following: <Amended by Act No. 9721, May 27, 2009; Act No. 11171, Jan. 17, 2012> |
| 1. | Installation of processing and treatment facilities for agricultural and fishery products prescribed by Presidential Decree (referring to agricultural, forest, stock farm, and fishery products; hereinafter the same shall apply) and of experimental and research facilities related to the agricultural and fisheries industries (referring to the agricultural, forestry, livestock, and fisheries industries; hereinafter the same shall apply); |
| 2. | Installation of children’s playgrounds, village halls, and other convenience facilities and welfare facilities necessary for farmers’ community life prescribed by Presidential Decree; |
| 3. | Installation of farmers’ housing, fishermen's housing, or other agricultural facilities, livestock facilities, and fishery facilities prescribed by Presidential Decree; |
| 4. | Installation of national defense and military facilities; |
| 5. | Creation of rivers, installation of banks or other facilities corresponding thereto for the preservation of national land; |
| 6. | Repairs, restoration and movement of cultural assets, excavation of buried cultural properties, installation of tombstones, monuments, or other similar structures; |
| 7. | Installation of roads, railroads, and other public facilities prescribed by Presidential Decree; |
| 8. | Using land as a place for exploration for the exploitation of underground resources or for mining of underground minerals and for concentration and piling up of ores; |
| 9. | Installation of facilities prescribed by Presidential Decree and necessary for development of agricultural and fishing villages, including the development of income sources of agricultural and fishing villages. |
| (2) | No one shall engage in any act of utilizing land, except the following, within an agricultural protection area: |
| 1. | Utilizing land for activities referred to in the subparagraphs of paragraph (1); |
| 2. | Installation of buildings, structures, and other facilities prescribed by Presidential Decree and necessary for the increase of farmers’ income; |
| 3. | Installation of buildings, structures, and other facilities prescribed by Presidential Decree and necessary for improving the living conditions of farmers. |
| (3) | The provisions of paragraphs (1) and (2) shall not apply to existing buildings, structures, and other facilities installed with the authorization, permission or approval, etc. obtained or with the report made under the related statutes at the time of the designation of the agricultural promotion area. |
| (4) | The provisions of paragraphs (1) and (2) shall not apply to any construction works or project being performed by the person (referring to the person who has commenced the construction works or the project in progress where it is not required to obtain authorization, permission, or approval, etc. or make a report under the related statutes) who is performing the construction work or the project after obtaining authorization, permission, approval, etc. for, or making a report on, the following acts under the related statutes at the time of designation of the agricultural promotion area: |
| 1. | Construction of buildings; |
| 2. | Installation of structures and other facilities; |
| 3. | Changes in the form and quality of the land; |
| 4. | Other conducts corresponding to those referred to in subparagraphs 1 through 3. |
| Article 33 (Expanding Development of, and Investment in, Agricultural Promotion Areas and Giving Priority to Supporting Such Areas) |
| (1) | The State and local governments shall give priority in making investment in the improvement and rearrangement of farmland and agricultural facilities, the expansion of road for agricultural and fishing villages and of distribution facilities for agricultural products, and other projects for agricultural development in an agricultural promotion area, as prescribed by Presidential Decree. |
| (2) | The State and local governments shall give priority in providing necessary support, including offering subsidies or reducing tax under the Restriction of Special Taxation Act, to farmers or agricultural corporations cultivating crops or growing perennial plants on farmland in an agricultural promotion area. |
| Article 33-2 (Requests for Purchase of Farmland in Agricultural Promotion Areas) |
| (2) | Upon receipt of a request for purchase made under paragraph (1), the Korea Rural Community Corporation may purchase the relevant farmland based on the value appraised by appraisal business entities provided in the Act on Appraisal and Certified Appraisers. <Amended by Act No. 13782, Jan. 19, 2016> |
| (3) | Expenses incurred by the Korea Rural Community Corporation in purchasing farmland pursuant to paragraph (2) shall be loaned from the Farmland Management Fund. |
[This Article Newly Inserted by Act No. 11171, Jan. 17, 2012]
SECTION 2 Diversion of Farmland
| Article 34 (Permission to Divert Farmland and Consultation) |
| (1) | Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree, except in any of the following cases. The same shall also apply where he/she intends to change principal matters prescribed by Presidential Decree, including the area or boundary of the permitted farmland: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9721, May 27, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Where farmland is diverted through consultation legally construed as permission for diversion of the farmland under other Acts; |
| 2. | Where the diversion is made to the farmland following consultation made under paragraph (2) or the farmland excluded from that subject to consultation under the proviso to paragraph (2) 1 as farmland in an urban area or planned control area under the National Land Planning and Utilization Act; |
| 3. | Where the diversion of the farmland is made upon filing a report under Article 35; |
| 5. | Where the diversion of the farmland is made in order to change its form and quality or to install structures with permission from the River Management Office under the River Act. |
| (2) | In any of the following cases, the competent Minister or the head of a local government shall consult in advance on the diversion of farmland with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9721, May 27, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | When designating a residential area, commercial area, or industrial area or determining urban/Gun planning facilities in an urban area under the National Land Planning and Utilization Act, where farmland is included in the land of relevant planned area or in the land of planned facilities: Provided, That this shall not apply where an already designated residential area, commercial area, or industrial area is changed to an area for another purpose or where urban/Gun planning facilities are determined to be installed in an already designated residential area, commercial area or industrial area; |
| Article 35 (Reports on Diversion of Farmland) |
| (1) | Any person who intends to divert farmland to a site for any of the following facilities shall file a report thereon with the head of a Si/Gun/autonomous Gu, as prescribed by Presidential Decree. The same shall also apply to any modification to the reported matters: <Amended by Act No. 9721, May 27, 2009; Act No. 11171, Jan. 17, 2012> |
| 1. | Farmers' housing, fishermen's housing, facilities for agriculture and livestock (excluding improvement facilities and production facilities for agricultural and stock farm products under subparagraph 1 (b) of Article 2), and facilities for distribution and processing of agricultural and fishery products; |
| 2. | Convenience facilities for community life of farmers, including children's playground and village hall; |
| 3. | Research facilities related to agriculture and fisheries, and fisheries facilities, including fish farms and fish nurseries. |
| (2) | Matters concerning the scope and scale of the facilities subject to reporting, restrictions on installation in an agricultural promotion area, and the scope of the installers, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 36 (Permission, etc. to Temporarily Use Farmland for other Purposes) |
| (1) | Any person who intends to temporarily use farmland for any of the following purposes shall obtain permission from the head of a Si/Gun/autonomous Gu on condition that he/she will reinstate it to farmland after having used it for such other purpose for a certain period, as prescribed by Presidential Decree. The same shall also apply to any modification to the permitted matters: Provided, That the State or a local government shall consult with the head of a Si/Gun/autonomous Gu: |
| 1. | Where installing simple facilities for agriculture, fisheries, and livestock (excluding improvement facilities and production facilities for agricultural and stock farm products under subparagraph 1 (b) of Article 2) and simple facilities for treatment of agricultural and fishery products which are not subject to a building permit or building report under the Building Act; |
| 2. | Where installing a field office or incidental facilities, other facilities corresponding thereto or piling up or burying goods for a principally intended project (applicable only to any project permitted in relevant farmland); |
| 3. | Where excavating soil, stones, and minerals prescribed by Presidential Decree. |
| (2) | Where the head of a Si/Gun/autonomous Gu is requested by the competent Minister or the head of a local government for consultation on the temporary use of farmland for other purposes in relation to the authorization, permission or approval, etc. for a project or a project plan, etc. under other Acts, he/she may consult with the competent Minister or the head of a local government on the premise that the competent Minister or the head of a local government, when authorizing, permitting or approving the project or the project plan, shall attach conditions to a person who intends to implement the relevant project that he/she shall reinstate the farmland to its original state after using it for other purposes for a certain period. |
| (3) | Where the head of a Si/Gun/autonomous Gu grants permission under paragraph (1) or makes consultation under paragraph (2), he/she may have a person who intends to implement the project submit the plan for restoring the farmland to the original state and deposit reinstatement expenses, as prescribed by Presidential Decree. |
| (4) | Standards for the calculation of, and timing and procedure for the payment of, reinstatement expenses, and other necessary matters under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 36-2 (Report on Temporary Use, etc. of Farmland for Other Purposes) |
| (1) | A person who intends to temporarily use farmland for any of the following purposes shall report thereon to the head of a Si/Gun/ autonomous Gu as prescribed by Presidential Decree, on the condition that he/she will restore the farmland to its original state after using it for a certain period without undermining its soil fertility. The same shall also apply where any change is made to the reported matters: Provided, That, in the case of the State and a local government, it shall consult with the head of a Si/Gun/autonomous Gu: |
| 1. | Where the person temporarily uses farmland as sledding slopes, places of local festivals, etc.; |
| 2. | Where the person temporarily installs a facility falling under Article 36 (1) 1 or 2. |
| (2) | Where the competent Minister or the head of a local government requests consultation on the temporary use of farmland for other purposes in relation to the authorization, permission, approval, etc. for a project or project plan under other Acts, the head of a Si/Gun/autonomous Gu may consult with the competent Minister or the head of a local government, on the premise that the competent Minister or the head of a local government, when granting such authorization, permission, approval, etc., shall impose on a person who intends to implement the relevant projects conditions that the person will restore farmland to its original state after using it for a certain period. |
| (3) | When the head of a Si/Gun/autonomous Gu accepts a report under paragraph (1) or conducts consultation under paragraph (2), he/she may require a person who intends to implement the project to submit a plan for restoring farmland to its original state and to deposit restoration expenses, as prescribed by Presidential Decree. |
| (4) | The head of a Si/Gun/autonomous Gu shall notify a person who has made a report of whether to accept the report, within ten days from the date he/she receives the report under paragraph (1). |
| (5) | Where the head of a Si/Gun/autonomous Gu fails to notify a person who has made a report of whether to accept such report or of the extension of the processing period under statutes related to civil petition services within the period prescribed in paragraph (4), the report shall be deemed to be accepted on the day following the day on which the relevant period ends. (where the processing period is extended or re-extended under statutes related to civil petition services, it refers to the relevant processing period.) |
| (6) | The scope and size of farmland to be reported under paragraph (1), period of temporary use, criteria for calculating restoration expenses under paragraph (3), deadline and procedures for paying restoration expenses, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14985, Oct. 31, 2017]
| Article 37 (Restrictions on Permission, etc. to Divert Farmland) |
| (1) | Where the Minister of Agriculture, Food and Rural Affairs decides to permit the diversion of farmland under Article 34 (1), he/she shall not permit the diversion of farmland to be used as a site for any of the following facilities: Provided, That he/she may permit the diversion of farmland in an urban area, planned control area, or development promotion area under the National Land Planning and Utilization Act, even if it is used as a site for any of the following facilities: <Amended by Act No. 8466, May 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14532, Jan. 17, 2017> |
| 3. | Facilities prescribed by Presidential Decree, which are likely to impair agricultural promotion or the preservation of farmland. |
| (2) | When the Minister of Agriculture, Food and Rural Affairs, or the head of a Si/Gun/autonomous Gu grants permission for or makes consultation (including consultation legally construed as permission for the diversion of farmland under other Acts) on any diversion of farmland under Article 34 or grants permission for and makes consultation on any temporary use of farmland for another purpose under Article 36, he/she may restrict the diversion of farmland or the temporary use of farmland for other purpose where such farmland falls under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where the farmland to be diverted needs to be preserved as superior farmland because it is included in the area where agricultural production infrastructure has been rearranged or where a rearrangement project for agricultural production infrastructure is to be performed; |
| 2. | Where the diversion of the relevant farmland or the temporary use of such farmland for another purpose seriously hinders sunshine, ventilation, and consolidated cultivation or brings about the removal of farmland improvement facilities, thereby substantially affecting the agricultural management of nearby farmland; |
| 3. | Where the diversion of the relevant farmland or the temporary use of such farmland for another purpose is likely to impair nearby farmland or farmland improvement facilities, including soil erosion; |
| 4. | Where the project plan and the funding plan to realize the objectives of the diversion are unclear; |
| 5. | Where the area of the farmland to be diverted is excessively larger than that needed to realize the objectives of the diversion. |
| Article 38 (Farmland Preservation Charges) |
| (1) | Any of the following persons shall pay charges for preservation, management, and creation of farmland (hereinafter referred to as "farmland preservation charges") to a person who operates and manages the Farmland Management Fund: <Amended by Act No. 9721, May 27, 2009> |
| 1. | A person who has obtained permission to divert farmland under Article 34 (1); |
| 2. | A person who intends to divert farmland (including farmland excluded from consultation under the proviso to Article 34 (2) 1) in a planned land of the area or in a planned land for facilities, for which consultation on the diversion of farmland has been completed under Article 34 (2) 1; |
| 2-2. | A person who intends to divert farmland in a planned land of the area, for which consultation on the diversion of farmland has been completed under Article 34 (2) 1-2; |
| 3. | A person who intends to divert farmland, for which consultation on the diversion of farmland has been completed under Article 34 (2) 2; |
| 4. | A person who intends to divert farmland for which consultation legally construed as permission to divert the farmland has been completed under other Acts; |
| 5. | A person who intends to divert farmland after filing a report on the diversion of the farmland under Article 35 or 43. |
| (2) | Where the Minister of Agriculture, Food and Rural Affairs deems that it is impracticable to pay farmland preservation charges in a lump-sum for any of the following reasons, he/she may allow any person to pay farmland preservation charges in installments, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13022, Jan. 20, 2015> |
| 2. | Where farmland preservation charges are more than the amount of money prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs intends to allow the installment payments of farmland preservation charges under paragraph (2), he/she shall have a person who intends to pay the farmland preservation charges in installments deposit in advance the insurance certificate of payment guarantee, etc. for the farmland preservation charges to be paid in installments, as prescribed by Presidential Decree: Provided, That the same shall not apply where a person who intends to pay the farmland preservation charges in installments is the State, a local government, or other person prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Any person who intends to divert farmland shall pay all or part of farmland preservation charges under paragraph (1) or (2) before obtaining permission for the diversion of farmland or making a report on the diversion of farmland (including authorization, permission, approval, etc. which is legally construed as permission for the diversion of farmland or the reporting on the diversion of farmland under other Acts). <Newly Inserted by Act No. 13022, Jan. 20, 2015> |
| (5) | In any of the following cases, any person who operates and manages the Farmland Management Fund shall refund farmland preservation charges equivalent thereto, as prescribed by Presidential Decree: <Amended by Act No. 13022, Jan. 20, 2015> |
| 1. | Where permission granted to a person who has paid farmland preservation charges is revoked pursuant to Article 39; |
| 2. | Where a project plan of a person who has paid farmland preservation charges is altered; |
| 2-2. | Where a person has paid farmland preservation charges pursuant to paragraph (4) but does not obtain permission; |
| 3. | Where the area of farmland intended to be diverted for reasons corresponding thereto has been reduced compared to the original area thereof. |
| (6) | In any of the following cases, the Minister of Agriculture, Food and Rural Affairs may reduce or exempt the farmland preservation charges, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where the State or a local government diverts farmland for official or public purposes; |
| 2. | Where farmland is diverted to install important industrial facilities prescribed by Presidential Decree; |
| 3. | Where farmland is diverted to install facilities referred to in any subparagraph of Article 35 (1) or other facilities prescribed by Presidential Decree. |
| (7) | The amount of farmland preservation charges shall be computed by applying criteria for imposition prescribed by Presidential Decree within the publicly announced individual land price of the relevant farmland under the Act on the Public Announcement of Real Estate Values. <Amended by Act No. 13796, Jan. 19, 2016> |
| (8) | Where a person liable to pay the farmland preservation charges fails to pay them by the deadline for payment, the Minister of Agriculture, Food and Rural Affairs shall issue a demand notice stating the time limit not exceeding ten days within ten days after the deadline for payment expires. <Amended by Act No. 9721, May 27, 2009; Act No. 11690, Mar. 23, 2013> |
| (9) | Where a person liable to pay the farmland preservation charges fails to pay them by the deadline for payment under paragraph (8), the Minister of Agriculture, Food and Rural Affairs shall impose an amount of money equivalent to three percent of the farmland preservation charges in arrears on him/her as an additional charge from the date on which the deadline for payment expires. <Newly Inserted by Act No. 9721, May 27, 2009; Act No. 11171, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13022, Jan. 20, 2015> |
| (10) | Where a person who fell into arrears with farmland preservation charges fails to pay them, the Minister of Agriculture, Food and Rural Affairs shall impose an additional charge (hereinafter referred to as "aggravated additional charge") equivalent to 1.2 percent of farmland preservation charges in arrears in addition to an additional charge under paragraph (9) whenever one month elapses from the date on which the deadline for payment expires. Where the amount of farmland preservation charges in arrears is less than one million won, however, he/she shall not impose an aggravated additional charge. In such cases, the period during which an aggravated additional charge is collected in addition to an additional charge shall not exceed 60 months. <Newly Inserted Act No. 13022, Jan. 20, 2015> |
| (11) | Where a person liable to pay farmland preservation charges fails to pay such charges, an additional charge and aggravated additional charge by the designated deadline for payment after he/she has received a demand notice, the Minister of Agriculture, Food and Rural Affairs may collect the relevant charges in the same manner as delinquent national or local taxes are collected. <Newly Inserted by Act No. 9721, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 13022, Jan. 20, 2015> |
| (12) | Where any of the following causes occurs, the Minister of Agriculture, Food and Rural Affairs may write off the relevant farmland preservation charges: Provided, That where he/she discovers property he/she may seize after he/she has written off the farmland preservation charges in cases under subparagraphs 1, 3 and 4, he/she shall, without delay, cancel the write-off and take measures to collect the farmland preservation charges: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where the allotted amount appropriated for making up the amount in arrears falls short of the amount in arrears after the disposition on default has been completed; |
| 2. | Where the extinctive prescription of the rights to receive the farmland preservation charges has been completed; |
| 3. | Where the estimated value of gross property which is the object of the disposition on default leaves no room for remainder after appropriating it for covering the expenses for disposition on default; |
| 4. | Where it is recognized that there is no possibility for collection for the reasons prescribed by Presidential Decree, including the defaulter's death, having gone missing. |
| (13) | Where the Minister of Agriculture, Food and Rural Affairs has a person delegated with authority pursuant to Article 51 or a person entrusted with the affairs of operation and management of the Farmland Management Fund pursuant to Article 35 (2) of the Korea Rural Community Corporation and Farmland Management Fund Act conduct the affairs concerning imposition and collection of the farmland preservation charges, the Minister of Agriculture, Food and Rural Affairs shall pay fees to him/her, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9276, Dec. 29, 2008; Act No. 11171, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013> |
| (14) | A person who operates and manages the Farmland Management Fund shall pay the amount after deducting fees under paragraph (13) from the farmland preservation charges he/she receives pursuant to paragraph (1) to the Farmland Management Fund. <Amended by Act No. 9721, May 27, 2009; Act No. 13022, Jan. 20, 2015> |
| (15) | The deadline and procedure for the payment of farmland preservation charges, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 39 (Cancellation, etc. of Permission to Divert Farmland) |
| (1) | Where a person who has obtained permission to divert farmland under Article 34 (1) or permission to temporarily use farmland for other purpose under Article 36 or has filed a report on the diversion of farmland under Article 35 or 43 or report on the temporary use of farmland for other purposes under Article 36-2 falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs, or the head of a Si/Gun/autonomous Gu may cancel the permission or order suspension of the related construction works, suspension of the operation, reduction of the scale of the business, modification of the project plan, and other necessary measures, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That where he/she falls under subparagraph 7, the relevant permission shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9721, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14985. Oct. 31, 2017> |
| 1. | Where it is proved that he/she has obtained the permission or has filed the report by fraudulent or other illegal means; |
| 2. | Where he/she violates the purpose or any condition of the permission; |
| 3. | Where he/she modifies the project plan or project scale without obtaining permission or filing a report; |
| 4. | Where he/she, having obtained the permission or having filed the report, has not commenced an intended project for farmland diversion for at least two years, including creation of building sites and installation of facilities, or has suspended the construction works for at least one year after having commenced the intended project for farmland diversion without justifiable reasons prescribed by Presidential Decree, including modification of the project plan related to the intended project for farmland diversion; |
| 5. | Where he/she has not paid the farmland preservation charges; |
| 6. | Where a person who has obtained permission or has filed the report applies for cancellation of the permission or withdraws the report; |
| 7. | Where a person who obtained the permission has violated an order for measures under the main sentence of this Article, including suspension of the related construction works. |
| (2) | Where a person who intends to divert farmland through consultation legally construed as the diversion of farmland pursuant to other Acts fails to pay a farmland preservation charge after it was imposed, and to commence a intended project that causes the diversion of farmland within two years, the Minister of Agriculture, Food and Rural Affairs may request the head of a relevant agency to revoke approval, permission, etc. related to such intended project. In such cases, the head of the relevant agency who receives a request for revocation shall comply with such request unless there is any compelling reason not to do so. <Newly Inserted by Act No. 13022, Jan. 20, 2015> |
| Article 40 (Approval for Alteration of Use) |
| (1) | Where a person intends to use any farmland being used or used for an intended project for farmland diversion for another purpose within the period prescribed by Presidential Decree through any of the following procedures, he/she shall obtain the approval of the head of a Si/Gun/autonomous Gu: |
| 1. | Permission to divert farmland under Article 34 (1); |
| 2. | Consultation on the farmland diversion under Article 34 (2) 2; |
| 3. | A report on the farmland diversion under Article 35 or 43. |
| (2) | A person who intends to use any farmland diverted to a site for facilities for which the farmland preservation charges are reduced or exempted as a site for facilities of which rate of reduction or exemption of the farmland preservation charges is different from that of the said site and who is subject to approval under paragraph (1) shall pay the corresponding farmland preservation charges, as prescribed by Presidential Decree. |
| Article 41 (Restrictions on Changes of Land Category of Farmland) |
No farmland shall be changed to fall under any land category other than a field, rice field, or orchard except in any of the following cases:
| 1. | Where permission to divert farmland (including consultation legally construed as permission for the diversion of farmland under other Acts) has been obtained under Article 34 (1) or farmland has been diverted under paragraph (2) of the same Article; |
| 2. | Where farmland has been diverted for the purpose described in Article 34 (1) 4 or 5; |
| 3. | Where farmland has been diverted after the diversion of farmland was reported under Article 35 or 43; |
| 5. | Where the head of a Si/Gun/autonomous Gu recognizes that the reinstatement of farmland is almost impossible because the form and quality of the farmland has been substantially changed due to natural disasters or other force majeure events. |
| Article 42 (Reinstatement, etc.) |
| (1) | Where a person engages in any of the following acts, the Minister of Agriculture, Food and Rural Affairs or the head of a Si/Gun/autonomous Gu may order him/her to reinstate the farmland within a designated period: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14985. Oct. 31, 2017> |
| 1. | Where he/she has diverted farmland or has used it for another purpose without obtaining permission to divert farmland under Article 34 (1) or permission to temporarily use farmland for another purpose under Article 36; |
| 2. | Where he/she has diverted farmland or has used it for other purposes without filing a report on the diversion of farmland under Article 35 or 43 or without filing a report on the temporary use of farmland for other purposes under Article 36-2; |
| 3. | Where permission to divert farmland has been cancelled under Article 39; |
| 4. | Where a person who filed a report on the diversion of farmland has violated an order for measures under Article 39. |
| (2) | Where a person fails to reinstate farmland, in violation of the reinstatement order issued under paragraph (1), the Minister of Agriculture, Food and Rural Affairs or the head of a Si/Gun/autonomous Gu may reinstate such farmland by vicarious execution. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 43 (Special Cases concerning Permission to Divert Farmland) |
When a person obliged to obtain permission to divert farmland under Article 34 (1) intends to divert any farmland under Article 6 (2) 9-2, he/she may divert the farmland after filing a report thereon with the head of a Si/Gun/autonomous Gu, as prescribed by Presidential Decree, notwithstanding Article 34 (1) or 37 (1). [This Article Wholly Amended by Act No. 9721, May 27, 2009]
SECTION 3 Farmland Ledgers
| Articles 44 through 48 Deleted. <by Act No. 9721, May 27, 2009> |
| Article 49 (Preparing and Keeping Farmland Ledgers) |
| (1) | To efficiently utilize and manage farmland by ascertaining the actual status of ownership and utilization of the farmland, the head of a Si/Gu/Eup/Myeon shall prepare and keep a farmland ledger. |
| (2) | If necessary to prepare and arrange a farmland ledger under paragraph (1) and to ascertain the actual status of farmland utilization, the head of a Si/Gu/Eup/Myeon may require the owner of the farmland to report necessary matters or require a relevant public official to investigate the conditions thereof. |
| (3) | If the contents of farmland ledger are modified, the head of a Si/Gu/Eup/Myeon shall, without delay, arrange such modification in the farmland ledger. |
| (4) | Where matters to be recorded in a farmland ledger under paragraph (1) are recorded through an electronic data processing system, the electronic file (referring to a magnetic disc, magnetic tape or other farmland ledger recorded and kept by similar means to the aforesaid ones) shall be deemed the farmland ledger under paragraph (1). |
| (5) | Matters necessary for the form, preparation, and management of the farmland ledger and for the electronic data processing system, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 50 (Public Perusal of Farmland Ledgers or Issuance of Copies thereof, etc.) |
| (1) | Upon receipt of a request for perusal of a farmland ledger or for issuance of a copy thereof, the head of a Si/Gu/Eup/Myeon shall make the farmland ledger available for perusal or shall issue a copy thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | If a farmer or an agricultural corporation who conducts self-cultivation on his/her or its own farmland applies for a certificate of self-cultivation, the head of a Si/Gu/Eup/Myeon shall issue it, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 51 (Delegation and Entrustment, etc. of Authority) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may delegate part of his/her authority vested under this Act to a Mayor/Do Governor and the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may entrust part of his/her affairs under this Act to the Korea Rural Community Corporation, an agriculture-related agency or organization, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9276, Dec. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs may, as prescribed by Presidential Decree, require a person entrusted with the affairs concerning operation and management of the Farmland Management Fund under Article 35 of the Korea Rural Community Corporation and Farmland Management Fund Act to perform the affairs of receiving farmland preservation charges under Articles 38 (1) and 40 (2) on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9276, Dec. 29, 2008; Act No. 11690, Mar. 23, 2013> |
The Minister of Agriculture, Food and Rural Affairs may give a reward to a person who reports on or denounces any of the following persons to the competent authorities or an investigation agency, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14985, Oct. 31, 2017>
| 1. | A person who has been issued with a qualification certificate for acquisition of farmland under Article 8 (1) for the purpose of farmland ownership by fraudulent or other unjust means, in violation of any restriction on farmland ownership under Article 6 or the maximum limits of farmland ownership under Article 7; |
| 2. | A person who has violated Article 32 (1) or (2); |
| 3. | A person who has diverted farmland without obtaining permission to divert farmland under Article 34 (1) or a person who has obtained permission to divert farmland under Article 34 (1) by fraudulent or other unjust means; |
| 4. | A person who has diverted farmland without filing a report under Article 35 or 43; |
| 5. | A person who has used farmland for other purposes without obtaining permission to temporarily use farmland for other purposes under Article 36 (1); |
| 6. | A person who has used farmland for other purposes without filing a report on the temporary use of farmland for other purposes under Article 36-2 (1); |
| 7. | A person who has used diverted farmland for other purposes without obtaining approval therefor in violation of Article 40 (1). |
| Article 53 (Special Cases concerning Restrictions on Acts with Respect to Parcel of Farmland Extended over Agricultural Promotion Area and Agricultural Protection Area, etc.) |
| (1) | Where a parcel of farmland is extended over both an agricultural promotion area and an agricultural protection area, and part of the farmland belonging to the agricultural promotion area is smaller than the size prescribed by Presidential Decree, when the restriction on acts under Article 32 is applied to such part of the farmland, the provisions concerning agricultural protection areas shall be applied. |
| (2) | Where part of a parcel of farmland is extended over an agricultural promotion area and the area of the farmland belonging to the agricultural promotion area is smaller than the size prescribed by Presidential Decree, Article 32 (1) and (2) shall not be applied to the said part of the farmland. |
| Article 54 (Investigations into Ownership, etc. of Farmland) |
| (1) | In order to ascertain facts concerning the ownership, transaction, utilization, or diversion of farmland owned by any of the following persons, the Minister of Agriculture, Food and Rural Affairs or the head of a Si/Gun/autonomous Gu may require a public official under his/her jurisdiction to inspect or investigate the actual status thereof: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | An agricultural corporation; |
| 2. | A person entrusted with the management of farmland; |
| 4. | A lender of farmland for free use; |
| 5. | A person who has obtained permission to divert farmland; |
| 6. | A project operator of a farmland utilization promotion project. |
| (2) | A public official who conducts an inspection or investigation under paragraph (1) shall carry a certificate of identification indicating his/her authority and shall produce it to related persons. |
| (3) | Matters necessary for inspections, investigations, and certificates referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
Where the Minister of Agriculture, Food and Rural Affairs or the head of a Si/Gun/autonomous Gu intends to engage in any of the following acts, he/she shall hold a hearing: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | Notification of occurrence of an obligation to dispose of the farmland, etc. not used for agricultural management under Article 10 (2); |
| 2. | Cancellation of permission to divert farmland under Article 39. |
Any of the following persons shall pay fees, as prescribed by Presidential Decree:
| 1. | A person who applies for the issuance of a qualification certificate for acquisition of farmland under Article 8; |
| 2. | A person who applies for permission under Article 34 or 36; |
| 3. | A person who files a report on the diversion of farmland under Article 35 or 43; |
| 4. | A person who applies for approval for diversion of use of farmland under Article 40; |
| 5. | A person who applies for the issuance of a copy of a farmland ledger or a copy of a self-cultivation certificate under Article 50. |
CHAPTER VI PENALTY PROVISIONS
| Article 57 (Penalty Provisions) |
| (1) | A person who diverts any farmland in an agricultural promotion area without having obtained permission to divert farmland under Article 34 (1) or obtains permission to divert farmland by fraudulent or other unjust means shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding the amount equivalent to the price of the relevant land according to the publicly notified individual land price (hereinafter referred to as "land price"). |
| (2) | A person who diverts any farmland outside an agricultural promotion area without having obtained permission to divert farmland under Article 34 (1) or obtains permission to divert farmland by fraudulent or other unjust means shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding the amount equivalent to 50 percent of the relevant land price. |
| (3) | The imprisonment with labor and fines referred to in paragraphs (1) and (2) may be imposed concurrently. |
| Article 58 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won: <Amended by Act No. 12812, Oct. 15, 2014>
| 2. | A person who uses farmland for another purpose without having obtained permission to temporarily use farmland for other purposes under Article 36 (1); |
| 3. | A person who uses diverted farmland for other purposes without having obtained approval, in violation of Article 40 (1). |
| Article 59 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 12812, Oct. 15, 2014; Act No. 14985, Oct. 31, 2017>
| 1. | A person who obtains a qualification certificate for acquisition of farmland under Article 8 (1) by fraudulent or other unjust means for the purpose of farmland ownership, in violation of restrictions on farmland ownership under Article 6 or the maximum limit of farmland ownership under Article 7; |
| 2. | A person who diverts farmland without filing a report under Article 35 or 43; |
| 3. | A person who uses farmland for other purposes without filing a report on the temporary use of farmland for other purposes under Article 36-2 (1). |
| Article 60 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 13405, Jul. 20, 2015>
| 1. | A person who entrusts the agricultural management of his/her own farmland to another person, in violation of Article 9; |
| 2. | A person who leases or gratuitously lends his/her own farmland, in violation of Article 23 (1); |
| 3. | A person who fails to comply with an order to terminate the lease or gratuitous lending under Article 23 (2). |
| Article 61 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits a violation under Articles 57 through 60 in connection with the business of the corporation or individual, in addition to the punishment of such violator, the corporation or individual shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. [This Article Wholly Amended by Act No. 9721, May 27, 2009]
| Article 62 (Non-Performance Penalties) |
| (1) | The head of a Si (referring to the head of a Si which has no Gus; hereafter the same shall apply in this Article)/Gun/Gu shall impose a non-performance penalty equivalent to 20 percent of the land price of the relevant farmland on a person who has failed to perform a disposal order by the specified period without justifiable reasons prescribed by Presidential Decree, such as cases where consultation is underway on any request for purchase filed under Article 11 (2) after a disposal order has been issued under Article 11 (1) (including cases falling under Article 12 (2)). |
| (2) | The head of a Si/Gun/Gu shall give a prior written notice stating his/her intention to impose and collect a non-performance penalty to the relevant person prior to imposing the non-performance penalty under paragraph (1). |
| (3) | When imposing a non-performance penalty under paragraph (1), the head of a Si/Gun/Gu shall do so with a notice specifying the amount of the non-performance penalty, the reason for the imposition, the payment period, the agency receiving the payment, the method of filing objections and the agency with which objections are to be filed, etc. |
| (4) | The head of a Si/Gun/Gu may impose and collect a non-performance penalty under paragraph (1) once a year until a disposal order is performed, from the date the disposal order was first issued. |
| (5) | When a person who received a disposal order under Article 11 (1) (including cases under Article 12 (2)) has performed the order, the head of a Si/Gun/Gu shall immediately discontinue the imposition of new non-performance penalty, but shall collect the non-performance penalty already imposed. |
| (6) | A person dissatisfied with the imposition of a non-performance penalty under paragraph (1) may file an objection with the head of a Si/Gun/Gu within 30 days after receipt of notice of the disposition. |
| (7) | Where a person who was subject to the imposition of a non-performance penalty under paragraph (1) files an objection under paragraph (6), the head of a Si/Gun/Gu shall, without delay, notify the competent court, which, in turn, shall proceed to a trial in accordance with the procedure for trial on administrative fines pursuant to the Non-Contentious Case Procedure Act. |
| (8) | Where neither objection is filed within the period under paragraph (6) nor a non-performance penalty under paragraph (1) is paid within the payment deadline, the non-performance penalty shall be collected pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (b) of Article 2, subparagraph 7 of Article 2, Articles 8 (2) 2, 35 (1) 1, and 36 (1) 1, and Article 15 (28), (35), and (66) of Addenda shall enter into force on July 4, 2007.
Article 2 (Transitional Measures concerning Enforcement Date)
As prescribed by the proviso to Article 1 of Addenda, the former subparagraph 1 (b) of Article 2, subparagraph 9 of Article 2, Articles 8 (2) 2, 37 (1) 1, and 38 (1) 1 corresponding to the amended provisions shall apply until the amended provisions of subparagraph 1 (b) of Article 2, subparagraph 7 of Article 2, Articles 8 (2) 2, 35 (1) 1, and 36 (1) 1 enter into force.
Article 3 (Transitional Measures concerning Site of Facilities Necessary for Agricultural Production)
Article 4 (Transitional Measures concerning Existing Owners of Farmland)
| (1) | Articles 6 (1), 10, 11, 23, and 62 shall not apply to the ownership of the farmland with respect to a person who owned the farmland as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force. However, Article 43-3 of the former Act on the Special Measures for Development of Agricultural and Fishing Villages shall apply to the period for disposal and consultation on purchase, etc. with respect to the farmland subject to the disposal, of which disposal has not been performed by a person who is to dispose of under Article 43-2 (2) of the former Act on the Special Measures for development of Agricultural and Fishing Villages. |
| (2) | A person who owned the farmland in excess of the maximum limit of farmland ownership under Article 7 as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, may continue to own the relevant farmland notwithstanding the provisions of the same Article. |
Article 5 (Transitional Measures concerning Designation of Agricultural Promotion Area)
Article 6 (Transitional Measures concerning Permission to Divert Farmland, etc.)
| (2) | The farmland which was passed through the consultation concerning the farmland diversion or on which the consent or the approval was obtained concerning the farmland diversion under the former Farmland Preservation and Utilization Act as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, shall be deemed to have been passed through consultation concerning the farmland diversion under this Act. |
| (3) | The farmland located in an area designated as the residential area, the commercial area and the industrial area under Article 17 (1) of the Urban Planning Act and the farmland not passed through the consultation concerning the farmland diversion under the former Farmland Preservation and Utilization Act as the farmland designated as the planned site of the urban planning facilities as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, shall be deemed to have been passed through consultation concerning the farmland diversion under Article 34 (2) 1 of this Act. |
Article 7 (Transitional Measures concerning Farmland Creation Costs, etc.)
| (3) | An amount per unit classified by farmland of the farmland creation cost determined and publicly notified under Article 4 (5) of the former Farmland Preservation and Utilization Act as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, shall be deemed to have been determined and publicly notified under this Act. |
| (4) | Where the farmland located in an area designated as the residential area, the commercial area and the industrial area through the consultation made before July 29, 1981 under Article 4 (2) of the Farmland Preservation and Utilization Act is diverted after January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, Article 38 (1) 2 shall not be applicable to this. |
Article 8 (Transitional Measures concerning Certificates of Farmland Purchase and Sale)
Any person who was issued with a certificate of farmland purchase and sale under Article 19 (2) of the former Farmland Reform Act and under Article 19 of the former Farmland Lend-Lease Management Act as at January 1, 1996, the date the Farmland Act, Act No. 4817 enters into force, shall be deemed to have been issued with a qualification certificate for acquisition of farmland under in this Act. Article 9 (Transitional Measures concerning Farmland Ledger)
Article 10 (Transitional Measures according to Restrictions on Partition of Farmland)
The amended provisions of Article 22 (2) shall not apply to the partition of farmland for which application was made or of the case where authorization and permission accompanying the partition of farmland under the related statutes was applied as at January 1, 2003, the date the amended Act of the Farmland Act, Act No. 6793 entered into force. Article 11 (Transitional Measures concerning Restrictions on Acts in Agricultural Protection Areas)
The former provisions shall apply to the restriction on acts of a person who has obtained the authorization, permission or approval, or made the report and applied for the authorization, permission or approval under the provisions of related statutes concerning the installation of a building, a structure and other facilities restricted under the amended provisions of Article 32 (2) in the agricultural protection area as at January 22, 2006, the date the amended Act of the Farmland Act, Act No. 7604 entered into force. Article 12 (Transitional Measures concerning Production Facilities of Agricultural and Stock Farm Products in Definition of Farmland)
Notwithstanding subparagraph 1 (b) of Article 2 and subparagraph 7 of the same Article, the former provisions shall apply to a site for production facilities of agricultural and stock farm products on which farmland diversion was permitted or on which a report on farmland diversion was accepted under the former provisions as at July 4, 2007, the date the amended Act of the Farmland Act, Act No. 8179 enters into force. Article 13 (General Transitional Measures concerning Disposition, etc.)
The conduct of an administrative agency or the conduct to an administrative agency under the former provisions at the time when this Act enters into force shall be deemed as the conduct of an administrative agency or the conduct to an administrative agency under this Act equivalent to the former provisions.
Article 14 (Transitional Measures concerning Penalty Provisions)
When the penalty provisions apply to any act committed before this Act enters into force, the former provisions shall apply.
Article 15 Omitted.
Article 16 (Relation with Other Statutes)
Where the former Farmland Act or the provisions thereof have been cited by other statutes as at the time this Act enters into force, if the provisions equivalent to those provisions cited are in this Act, this Act or the equivalent provisions shall be deemed to have been cited in place of the former provisions.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8749, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9276, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9620, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9717, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9721, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultation on Diversion of Farmland)
The amended provisions of Article 34 (2) 1-2 shall apply, beginning with the first consultation made to designate a Class II district-unit planning area on or after the date this Act enters into force. Article 3 (Applicability to Demand Notices and Additional Charges)
The amended provisions of Article 38 (7) through (9) shall apply, beginning with the first farmland preservation charges imposed on or after the date this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10522, Mar. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on March 2, 2012. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10682, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11171, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period of Cultivation by Surrogate Cultivators)
The amended provisions of Article 20 (3) shall apply, beginning with the first cultivator designated as a surrogate cultivator on or after the date this Act enters into force. Article 3 (Applicability to Term of Lease)
The amended provisions of Article 24-2 shall apply beginning with the first lease contract concluded on or after the date this Act enters into force. Article 4 (Applicability to Imposition of Additional Charges of Farmland Preservation Charges)
The amended provisions of Article 38 (8) shall apply, beginning with an additional charge imposed on an overdue amount to be first collected on or after the date this Act enters into force.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11694, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12812, Oct. 15, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13022, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 23 and 24-2 shall enter into force on the date of their promulgation.
Article 2 (Applicability to Farmland Preservation Charges, Additional Charges, and Aggravated Additional Charges)
The amended provisions of Article 38 (9) and (10) shall apply, beginning with the cases where the first person who becomes liable to pay farmland preservation charges pursuant to Article 38 fails to pay the relevant farmland preservation charges.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted).
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13405, Jul. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14209, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14242, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into fore December 1, 2016. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement dates of the relevant Acts, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14985, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Report on Temporary Use of Farmland for Other Purposes)
The amended provisions of Article 36-2 shall apply beginning with the first report on the temporary use of farmland for other purposes made after this Act enters into force.