Farmland Survey: No Disposition Orders for Minor Violations... Orders for Three Major Types of Speculation After an Opportunity to Respond

Ministry of Agriculture Announces Supplementary Measures for Farmland Survey Follow-Up
Farmland Survey Follow-Up Measures Revised Just Two Weeks Later
All-Out Effort to Ease Concerns in the Field, Including a Counseling Center and On-Site Briefings

The government has decided not to issue disposition orders for minor violations of the Farmland Act that do not constitute clear speculation, such as leaving farmland fallow or violating lease rules. About two weeks after announcing follow-up measures that would defer action on minor violations for a set period in response to concerns among farmers about the farmland survey, the government has revised its approach after the controversy instead intensified. The survey to build a database (DB) on farmland use will proceed as planned, but cases involving minor violations will be closed without a disposition order.

The central point of the "Supplementary Measures for Follow-up Actions on the Farmland Survey," announced by the Ministry of Agriculture, Food and Rural Affairs on October 8, is that the government will pursue legislation for a special measures act so that, in ordinary cases not involving speculation, disposition procedures under the Farmland Act will not be initiated based on the results of this survey.

Before explaining the supplementary measures that day, Minister of Agriculture, Food and Rural Affairs Song Miryeong apologized for the recent controversy surrounding the farmland survey. "We did not provide sufficient explanations about the survey, and this has caused unnecessary anxiety in the field," she said. "If even one person in the field feels anxious, that is our fault."

Minister of Agriculture, Food and Rural Affairs Song Miryeong explains “Follow-up Measures After the Farmland Survey and Direction of Institutional Reform” at the Government Complex Sejong on the 8th. Ministry of Agriculture, Food and Rural Affairs

◆No disposition orders except in three major types of farmland speculation= Minister Song outlined three broad categories of cases subject to disposition orders: ▲acquiring farmland in a land transaction permit zone after submitting a farming plan, but then leaving it unattended or leasing it without authorization instead of farming it (excluding inheritance); ▲acquiring farmland after submitting a false farming plan with the intention of reselling it for a profit after its value rises, having purchased a share of the land through an auction or other means, and then leaving it unattended or leasing it without authorization; and ▲setting up an agricultural corporation to acquire farmland, then subdividing and selling or leasing the land to generate real estate income instead of farming it. The move addresses criticism that the distinction between minor violations and violations of the Farmland Act for speculative purposes has been unclear.

The government also provided more specific examples of cases in which it will not issue disposition orders. If problems such as leaving inherited farmland fallow or exceeding the ownership limit are identified in the survey, the findings will be used to inform future institutional improvements rather than to order its disposal. The government also will not proceed with dispositions based on the survey when owners cannot farm the land themselves because of old age, or when neighbors or relatives farm it on their behalf, even if they cannot prove that the lease meets the requirements permitted under the current Farmland Act.

Disposition orders will also not be issued for farmland left unused because farming is practically difficult, such as landlocked plots, unless there is clear evidence of speculation. The government also does not plan to order the restoration of sites where agricultural warehouses, farmhouses, simple agricultural product processing facilities, or other structures have been built without the required permits and approval procedures.

A Ministry of Agriculture, Food and Rural Affairs official said, "If there is no speculative activity, we will pursue legislation for a special measures act to ensure that no disposition obligations or charges for compelling compliance are imposed based on the survey results." The official added, "We will not issue disposition orders for minor violations and plan to reform farmland regulations that do not reflect current realities, based on information gathered through the survey."

The Asia Business Daily DB

◆Measures to ease concerns in the field, including a counseling center and on-site briefings= The government plans to include a special period in the special measures act to legalize farmland use. First, in the case of customary leases, a written contract signed during the special period will be recognized as a lawful lease without checking whether it complies with current regulations. For unauthorized facilities that met the requirements under other laws and could have applied in advance for approval to change the land's use but did not, the government will also accept applications for approval after the fact.

In response to calls to expand the scope of purchases and entrusted management, as the Farmland Bank cannot purchase all farmland that owners want to sell or entrust to it, the ministry will broaden its coverage. To clear the backlog of farmland awaiting purchase by the Farmland Bank, the Ministry of Agriculture, Food and Rural Affairs will work closely with the National Assembly to secure an increase in the 2027 budget. It has also decided to purchase farmland outside agricultural promotion zones if it can be used for agriculture.

The government will also establish a counseling center and hold on-site briefings to address concerns among farmers about the farmland survey. Starting the week of October 12, it will set up a "Farmland Survey Counseling Center" to provide guidance on the survey and follow-up measures and to receive reports of difficulties in the field together with farmers' organizations. It will also hold briefings for owner-farmers, tenant farmers, older farmers, young farmers, farmers' organizations and retired farmers, and gather opinions from local governments and experts.

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