The government has outlined plans to alleviate concerns over forced dispossession of farmland and tenant evictions that arose during the comprehensive land survey. The initiative includes providing opportunities for voluntary adjustments for land that has been left fallow or is in violation of rental agreements. If adjustments are not feasible, the government will allow these lands to be managed or rented through the land bank, postponing the obligation to dispose of the land. Additionally, illegal land conversions that do not constitute significant damage will be legalized for the first time in 38 years, following a review of requirements.
The Ministry of Agriculture, Food and Rural Affairs discussed these follow-up measures during a government meeting on September 21.
This plan is a concrete application of the government's principle of 'strict measures against speculation and normalization of general violations' introduced at the start of the survey. Due to ongoing uncertainty about how individual plots will be handled, the government has proposed pathways for addressing issues related to inherited farmland, elderly farmers, customary rental agreements, fallow land, and illegal conversions.
Yoon Won-seop, the ministry's agricultural policy director, stated, "Insufficient explanation and promotion of the survey's purpose and goals have led to various concerns and anxieties on the ground. We have established follow-up measures to clarify existing principles."
The comprehensive land survey has completed a basic investigation using administrative data and aerial photographs, and since August, surveyors have been conducting in-depth field investigations. The results of the survey have not yet been finalized.
Following the survey, if violations related to fallow land or rental agreements are confirmed, the government plans to grant landowners a voluntary adjustment period to either cultivate the land themselves or rent it out legally to resolve the violations. For those unable to make adjustments during this period, a pathway will be established to entrust the land to the land bank for management or rental, postponing the obligation to dispose of the land.
Customary rental agreements, where farmers exchange land for cultivation or where a single tenant consolidates village farmland for farming, will also be subject to normalization. In cases unrelated to speculation, these agreements will be transitioned to official rentals through the land bank, ensuring that existing farmers can continue their operations.
Addressing concerns that tenants may change after entrusting land to the land bank, Yoon clarified, "The existing rental relationships will remain intact, but we will transition them to a legal and official rental relationship through the land bank."
Landowners of inherited farmland will also be given opportunities to rectify violations. Yoon cited an example of a case where an inherited plot of 1.5 hectares was entirely rented out between individuals, explaining that the portion exceeding the allowable 1 hectare will be guided to be entrusted to the land bank.
For unregistered inherited farmland with unclear ownership, the government is considering designating a representative cultivator or allowing property tax payers to entrust the land to the land bank. Shared farmland owned by multiple individuals can also be entrusted for rental if the majority of owners agree, provided it is not for speculative purposes.
To reduce confusion on the ground, the government has decided to extend the special rental adjustment period until November 15. If landowners entrust farmland that has been owned for over three years to the land bank during this period, it will be excluded from supplementary investigation and not considered a violation of land rental laws.
Elderly farmers or heirs with fallow land, as well as land that is left unattended due to a lack of buyers, will be able to entrust management rights to the land bank. The land bank will restore the land through mowing and field maintenance, making it suitable for farming again and renting it to other farmers.
For illegal land conversions, the government plans to legalize them for the first time in 38 years since 1988. Facilities that could have been established with proper conversion notifications and permits will be eligible. The government will accept post-conversion applications, review the requirements, impose land preservation fees, and then approve the conversions to legal status.
However, significant damage to agricultural land in development areas, such as converting it into illegal dumping sites or camps, will be met with legal actions, including restoration orders. Facilities disguised as greenhouses or mushroom farms that operate restaurants or solely engage in solar power generation will be given a voluntary adjustment period to revert to their original purposes.
Land that has been overgrown with trees and has become forested, despite being classified as farmland, may have its designation changed to reflect the actual situation, especially if restoring it to farmland is not practical.
The government will maintain strict measures against clear cases of speculation, including issuing disposal orders for those who acquire land under false agricultural plans, leave it fallow without permission, or engage in real estate activities through agricultural corporations.
The government plans to establish a special measures law that includes the procedures and targets for postponing disposals and post-conversion approvals, providing a legal basis for these actions. The goal is to have the National Assembly approve this by the end of the year, while the voluntary adjustment and disposal postponement periods will be determined through consultations with stakeholders and legislative discussions. Revisions to land laws will also be pursued to improve rental and fallow land requirements, reflecting the realities of an aging rural population.
The results of the survey will be utilized for reforming land systems and facilitating generational transitions between elderly and young farmers. The land bank will acquire and manage farmland that elderly farmers can no longer cultivate, restoring and supplying it to young farmers and returnees to farming. The government is also considering increasing the budget for land acquisition and land pensions during the National Assembly's review process.
Yoon addressed calls for halting the survey, stating, "The comprehensive land survey is the starting point for our agriculture and land system to leap forward into the future. We will support measures to prevent speculation and ensure that farmers can farm with dignity."
* This article has been translated by AI.
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