No Disposition Orders for Minor, Non-Speculative Violations... Government Revises Farmland Survey Follow-Up Measures Again Just Two Weeks Later

MAFRA unveils supplementary measures for farmland survey follow-up
No disposition orders for cases outside the three types of speculation
Counseling centers and on-site briefings to ease concerns
at all-out effort

As controversy over farmland surveys continued to simmer, the government decided not to impose penalties for ordinary violations of the Farmland Act that are not related to speculation, based on the latest survey findings. This is a supplementary set of measures announced 16 days after the ruling party and the government unveiled additional steps on September 21, including a period for voluntary correction.

On October 8, the Ministry of Agriculture, Food and Rural Affairs announced its “Follow-Up Measures for Farmland Surveys and Directions for Institutional Reform.” On September 21, the ruling party and the government had agreed to allow a period for voluntary correction of minor violations of the Farmland Act, such as verbal lease agreements and elderly farmers leaving farmland fallow, and to encourage the regularization and legalization of such cases. However, opposition to the comprehensive survey has grown, as has resistance from farmers concerned that agricultural product prices could fall following news that the government was considering joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This time, the government decided to pursue a special measures act that would sharply limit the imposition of penalties based on farmland survey findings. Even in cases where farmland is deemed to involve clear speculation, the government will provide ample opportunity for the owners to explain their circumstances before deciding whether to issue a disposal order under the current Farmland Act.

Minister of Agriculture, Food and Rural Affairs Song Miryeong answers questions from ruling and opposition lawmakers during a parliamentary audit by the Agriculture, Food, Rural Affairs, Oceans and Fisheries Committee at the National Assembly on the 7th. Yonhap News.

◆Disposal orders limited to three major types of farmland speculation= The government identified three types of speculative activity subject to disposal orders: ▲ acquiring farmland in a land transaction permit zone by submitting a farming plan, then leaving it unused or leasing it out instead of farming it (excluding inherited farmland); ▲ acquiring farmland shares through an auction or other means, submitting a false farming plan with the intention of reselling them, and then leaving the farmland unused or leasing it out; and ▲ establishing an agricultural corporation to acquire farmland and then subdividing and selling or leasing it to generate real estate income.

Follow-up measures for each type have also been specified. Inherited farmland will not be subject to disposal even if it is found to have been left fallow or to exceed the ownership limit; instead, the findings will be used as a basis for improving the system. In customary lease arrangements where elderly owners are unable to farm the land themselves and neighbors or relatives farm it on their behalf, the farmland will not be subject to disposal even if the owners cannot prove that the arrangement meets the current legal requirements for leasing. Farmland with complicated ownership arrangements, such as land owned by clans or temples or inherited without registration, as well as land that is difficult to farm, such as landlocked parcels, will also be excluded from disposal unless it falls into one of the three types of speculation. The government will not require the restoration of farmland to its original condition solely because a survey found that agricultural warehouses, farmhouses, or basic agricultural product processing facilities had been built without permits. An MAFRA official said, “If there has been no speculative activity, we will pursue a special measures act to ensure that, following a farmland survey, no obligation to dispose of the land or enforcement fines are imposed based on the survey findings.” The official added, “We will not issue disposal orders for minor violations and plan to reform farmland regulations that do not reflect actual conditions, using information gathered through the surveys.”

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◆Counseling centers, on-site information sessions and other efforts to address concerns= The special measures act will also provide for a “legalization exception” during its effective period. For customary lease arrangements, compliance with current regulations will not be assessed; if the parties sign a written contract during the exception period, the lease will be recognized as lawful for the duration of the contract. Farmland owners who entrust their land to the Farmland Bank may also designate the current actual cultivator as the contracting party. Owners of unauthorized facilities may apply for permits retroactively if the facilities meet the requirements of other laws, while non-agricultural facilities will be subject to a farmland conservation charge. Owners may apply to change the land category of farmland that has been overgrown with trees for a long time, or forest land that has long been used as farmland. However, facilities prohibited in agricultural promotion zones or not permitted under other laws will not qualify for the exception. In response to concerns from people in the field that the Farmland Bank does not accept all farmland they wish to sell or entrust to it, the government will expand the scope of farmland it purchases and accepts for management. It will consult with the National Assembly on ways to increase the 2027 budget to clear the backlog, and will include farmland outside agricultural promotion zones among the land eligible for purchase, which is currently focused on farmland in such zones that can be used for farming immediately. The government will also not initiate disposal proceedings solely because farmland has not been entrusted to the Farmland Bank. Entrusting farmland is the owner’s choice.

The government will use information gathered through the surveys to reform the system. It plans to link and cross-check information currently held separately in land registers, land ledgers, farmland ledgers, agricultural business entity records, and farmland conversion permits, and to create an integrated platform that will allow farmers to easily check farmland information by region. Amendments to the Farmland Act in the first half of 2027 will include expanding the grounds for recognizing leases and fallowing, protecting the rights of actual cultivators and tenant farmers, and establishing ways to enter into lawful lease agreements for farmland owned by clans or temples or inherited without registration.

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