Song Mi-ryung, the Minister of Agriculture, Food and Rural Affairs, emphasized the need to amend the agricultural law, established 30 years ago, to reflect the reality that 47% of farmland is leased. She proposed maintaining the principle of land ownership while formalizing leasing practices and protecting the rights of tenant farmers.
During a briefing on October 8 at the Government Sejong Complex, Song stated, "Leasing of farmland needs to be realized and activated," noting that the current leasing rate is approximately 47% of the nation’s farmland.
She stressed the importance of creating a legal framework that supports leasing and protects tenant farmers. The Ministry of Agriculture plans to revise the current system, which is centered on land ownership, to better align with actual usage and farming conditions. Since the agricultural law was enacted in 1996, rural demographics have changed significantly due to aging populations, increased inherited farmland, and expanded leasing, yet the existing regulations have not adequately adapted to these changes.
Song remarked, "There is little disagreement that the agricultural law, created 30 years ago, needs to be updated to reflect current realities. This is an opportunity to change the framework for land use." She added that there are currently 30 proposed amendments to the agricultural law pending in the National Assembly.
However, she clarified that there is no need to abolish the constitutional principle of land ownership by those who farm the land or to pursue constitutional amendments. "Interpreting the principle of land ownership means that those who farm should own the land, but the principle aims to ensure that farmland is not treated as a speculative asset and is used properly for food security," she explained.
Song expressed confidence that these changes could be implemented without constitutional discussions, noting that the current agricultural law leads to numerous legal violations regarding leasing.
The recent survey revealed issues with 'shadow farmers'—those who farm without formal leasing agreements and thus miss out on various supports. Song noted, "Many individuals who farmed without their names being registered found recognition through this survey. With 47% of farmland already leased, formalizing these practices reflects reality."
The Ministry believes that formalizing leasing will enable actual farmers to secure their rights to agricultural support. There have been cases where farmers working on family-owned or unregistered inherited land could not receive direct payments due to the lack of legal leasing contracts.
Song stated, "In cases of family-owned land or unregistered inherited farmland, farmers have been unable to receive direct payments despite actively farming. If leasing can be properly established, these individuals will also be able to receive direct payments."
The Ministry is considering a special measure law that would not impose penalties for non-speculative violations identified during the farmland survey for a period of 2 to 3 years. Following this, they plan to push for amendments to the agricultural law in the first half of next year to expand the reasons for recognizing leasing and fallow land while protecting the rights of actual farmers and tenant farmers.
Song mentioned, "The special period we are considering is about 2 to 3 years. If the agricultural law is amended within that timeframe, many issues can be resolved through the new system."
However, she noted that further discussions are needed regarding whether to apply the new special measures to farmland already subject to penalty orders for violations, as this could raise equity issues between those who have complied with orders and those who have not.
Song concluded, "We have not yet decided whether to apply this special measure to those who have already received penalty orders. More discussions are necessary at the National Assembly stage."
* This article has been translated by AI.
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