Mandatory Disposition Orders for Farmland Act Violations...Reporting Rewards Extended to Illegal Leasing

Farmland Act Amendment Passes National Assembly

From now on, orders for disposition will be issued without exception in the event of violations of the Farmland Act. A reward system for reporting illegal farmland leases will also be introduced.

The Ministry of Agriculture, Food and Rural Affairs announced that a partial amendment to the Farmland Act containing these measures has passed. The amendment will be gradually implemented after being approved by the Cabinet.

The Asia Business Daily DB

First, the amendment establishes grounds for investigators to access land, allowing for more effective farmland investigations. In addition, illegal leasing has been added to the list of violations eligible for reporting rewards.

Orders for disposition of farmland found to be in violation of the Farmland Act are now mandatory. Previously, such orders were at the discretion of local governments, but the amendment makes them obligatory, ensuring administrative action is taken in all cases. In particular, it blocks any attempt to circumvent regulations by selling farmland to related parties, such as a spouse, direct relatives, or a corporation represented by the owner after receiving a disposition order. If local governments fail to properly enforce these follow-up measures, the Minister of Agriculture, Food and Rural Affairs is now empowered to issue direct orders for disposition, thereby strengthening the national responsibility for farmland management.

In line with demographic changes in rural areas, the amendment also abolishes the ownership cap of 10,000 square meters for farmland that can be inherited or owned by individuals who have left agriculture, in order to prevent excessive subdivision of farmland. Furthermore, it mandates that such farmland must be entrusted to the Korea Rural Community Corporation or similar organizations for leasing, ensuring that farmland is used systematically and does not remain idle.

Additionally, 'rural experience facilities' in the form of temporary structures and 'agrovoltaic power generation facilities' have been added to the list of temporary non-agricultural uses permitted for farmland. The amendment also expands the user base for convenience facilities, such as public baths and cold wave shelters, which could previously be installed in agricultural promotion zones, from 'farmers' to 'farmers or rural residents.'

On this day, the National Assembly also passed bills to promote agrovoltaic power generation projects, expand rural spatial planning, and address vacant homes in rural and fishing villages. The Act on the Promotion and Support of Agrovoltaic Power Generation Projects enables farmers and rural residents to combine farming and solar power generation on farmland. It permits power generation projects on farmland outside of agricultural promotion areas and establishes the legal basis for 'solar income villages' operated as resident-participation cooperatives. To protect tenant farmers, provisions for automatic lease renewal and limits on rent increases are also included.

The amendment to the Rural Spatial Restructuring Act allows autonomous districts that administer rural areas, in addition to cities and counties with towns or townships, to establish rural spatial plans. The procedures for designating specialized rural zones have also been simplified.

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