The Anti-Corruption and Civil Rights Commission: "Development Permits for Solar Power Projects on Cultivated Farmland Are Illegal"

A decision has been made that the administrative agency's approval of solar power generation project development activities on farmland acquired for agricultural management purposes was incorrect.

Anti-Corruption and Civil Rights Commission. / Photo by Hyunmin Kim kimhyun81@

The Anti-Corruption and Civil Rights Commission (ACRC) announced on the 24th that it judged the administrative agency's approval of development activities for a solar power generation project, despite the applicant not cultivating the farmland after acquisition, to be illegal due to the lack of appropriate measures such as prosecution. The ACRC recommended that County A, a basic local government, conduct a reinvestigation and take necessary actions.

Complainant Mr. B reported to County A and filed a complaint with the local police after learning that Mr. C and others were conducting a solar power sales fraud scheme in the County A area.

The local police transferred the case to the prosecution, but when County A took no action, Mr. B reported the matter again to the audit department of County A. The audit department official stated, "Mr. C and others legally obtained farmland acquisition qualification certificates and acquired the farmland, and the corporation acting on behalf of the applicant for the development activity permit for the solar power generation project obtained consent from the farmland owner Mr. C, so there is no problem with the development activity permit."

However, Mr. B filed a grievance complaint with the ACRC in May, arguing, "It is wrong to acquire farmland qualification certificates for cultivation purposes and then conduct a solar power project instead of cultivation, but County A did not prosecute and rather responded that there was no illegality, which is unfair."

The ACRC's investigation found that under the Farmland Act, farmland cannot be owned unless it is used or intended to be used for one's own agricultural management. It also stipulates that "if a farmland owner does not use the owned farmland for their agricultural management without justifiable reasons or fails to implement the agricultural management plan without justifiable reasons, they must dispose of the farmland."

Considering Article 57 of the same law, which states that "a person who obtains a farmland acquisition qualification certificate by falsehood or other fraudulent means for the purpose of owning farmland shall be punished by imprisonment for up to five years or a fine," the ACRC judged that it is appropriate to reinvestigate Mr. B's report.

Furthermore, the Criminal Procedure Act stipulates that "a public official must file a complaint when there is reason to believe a crime has been committed in the course of their duties."

County A accepted the ACRC's recommendation and decided to reinvestigate Mr. B's report.

Kim Taegyu, Vice Chairman of the ACRC, said, "Agriculture is the foundation of the national economy, and farmland is the livelihood of farmers and the most important asset for food security. We will continue to carefully monitor to eradicate illegal speculation using farmland."

This content was produced with the assistance of AI translation services.