농지법상 농업진흥지역의 농지전용에 관한 고찰

Abstract

Article 121, Paragraph 1 of the Constitution stipulates the principle of tillage in relation to farmland. Ownership of farmland is owned by the person who uses the farmland to farm. On the other hand, Article 122 of the Constitution permits development by stipulating that necessary restrictions and obligations may be imposed in accordance with the law for the efficient and balanced use, development, and preservation of the national land. Representative development laws include the “Act on the Promotion of Exchanges between Cities and Rural Communities” and the “Basic Act on Agriculture, Rural Communities and Food Industry”. It is to improve the quality of life of rural residents and to enhance the economic vitality of rural areas. In order to achieve this goal, agricultural land is converted and developed. In order to stably supply safe agricultural products and high-quality food to the people, warehouses or factories are established. At this time, farmland in the agricultural promotion area, which is an agricultural and forestry area where the price of land is relatively low, is preferred. At this time, farmland development is mostly carried out as a small-scale project. When small-scale farmland is developed, the connectivity of farmland deteriorates, which interferes with the automated farming method of farming, resulting in a decrease in agricultural productivity. And it is causing the reckless development of agricultural land. There is a problem that farmers who need farmland cannot purchase farmland due to the increase in land price due to farmland development, which hinders the improvement of farmers' income. This study examines the basic concept of farmland, the purpose of designation of agricultural promotion areas, and the details of permission (consultation) for farmland conversion. The purpose is to derive problems from the perspective of farmland conservation following conversion permission (consultation), and to present the contents to be improved to help preserve farmland even a little.