The government has proposed a path to normalization for minor and habitual violations identified during the agricultural land survey process, including self-management and entrusting to the agricultural bank. This is seen as a way to alleviate farmers' concerns following the land survey.
However, uncertainties remain for individual farmers. Key details, such as the specific conditions under which farmers can avoid disposal and the duration of the grace period, will be determined during the legislative process for the special measures law.
According to the Ministry of Agriculture, Food and Rural Affairs on September 21, the government and ruling party have decided that clear cases of speculation and significant illegal conversions in agricultural promotion areas will be disposed of under the Agricultural Land Act. In contrast, habitual violations arising from realities such as inheritance, rural depopulation, and aging will be normalized and legalized. The current survey, which began with a basic investigation from May to July, is now in the detailed field verification phase, which started in August, and results have yet to be finalized.
The issue at hand is the duration of the normalization process. The government's plan is to first grant a self-management period if violations such as fallow land or lease violations are confirmed. If farmers cannot manage on their own, they can entrust their land to the agricultural bank, which would defer disposal obligations.
However, the length of the self-management period and the timeline for the disposal grace period remain undecided. The Ministry of Agriculture stated in a background briefing that while the grace period will not be indefinite, it will establish an appropriate duration based on field opinions and public hearings.
It is also necessary to distinguish between the special management period for leases, which has been extended to November 15, and future disposal grace periods. The government has indicated that land owned for more than three years that is entrusted to the agricultural bank during the survey period will be excluded from supplementary investigation and will not be considered a lease violation.
However, how the normalization process will continue after the special management period and how to handle land that has not undergone self-management or entrustment remains unclear.
Legal grounds are also a variable. The deferral of disposal and post-approval of illegal conversions depend on the enactment of the special measures law. The government has outlined a schedule to prepare the bill by December of this year, complete parliamentary approval, and implement it in the first quarter of next year.
However, if the bill does not pass as scheduled, there are no clear answers on how to proceed with disposal procedures after the survey or whether to suspend all disposals for existing violations before the law takes effect. The government explains that the current Agricultural Land Act does not provide a basis for deferring disposal for violations confirmed during the survey process.
The criteria for distinguishing between speculation and habitual violations remain subjective. The government has identified cases such as acquiring land by submitting false farming plans in designated land transaction areas, agricultural corporations engaging in real estate activities after acquiring farmland, and acquiring shares in agricultural land for development profits as typical examples of speculation.
However, whether there was genuine intent to farm cannot be judged solely by age, health, or lease status. The Ministry of Agriculture stated that it would assess the situation based on aerial photographs, various circumstances, and the owner's explanations, and would conduct a hearing process. As in-depth investigations are ongoing, the government has not disclosed the scale or types of land confirmed as speculation.
Expanding the role of the agricultural bank also hinges on securing funding. In a background briefing, the Ministry of Agriculture noted that there are a significant number of applicants waiting to join the agricultural pension, indicating budget constraints. Additionally, the price of land that the agricultural bank will purchase is based on appraised values, raising concerns about how to bridge the gap between farmers' expected prices and actual transaction prices.
The utilization methods for underutilized lands, such as wastelands and sloped lands, have yet to be determined. The government has stated that the agricultural bank will consider restoring and leasing these lands or exploring alternative uses such as solar farming, but acknowledged that further discussions are needed on whether it is appropriate to combine agriculture and development on land that is inherently difficult to farm.
This initiative signifies a shift from uniformly disposing of land violations to distinguishing between speculation and habitual rural violations, proposing paths for self-management, agricultural bank entrustment, and post-approval of conversions. However, key questions remain regarding the grace period, deferral conditions, the legislative status of the special measures law, funding for normalization, and the utilization of underutilized lands. The government's normalization policy will hinge on the forthcoming legislation and detailed guidelines to effectively address the uncertainties faced by individual farmers.
* This article has been translated by AI.
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