토지공개념에 기초한 농지관리 제도 개선 방안

Abstract

2018년 문재인 정부에서 토지공개념 내용이 규정된 헌법 개정(안)을 국회에 발의하면서, 토지공개념에 대한 많은 논의가 이루어져 왔다. 하지만 토지공개념에 대한 논의는 농지보다는 일반 부동산 대책의 일환으로 이루어져 왔고, 농업부문 논의는 부족한 상황이다.

농업 부문의 토지공개념은 해방 후 경자유전 원칙에 입각한 농지개혁 이후 진화를 거듭해오면서 다양한 형태로 구현되어 왔다. 토지철학으로서 토지공개념은 새로운 개념이 아니라고 할 수 있지만, 현재 「농지법」에서는 ‘농지소유 자격제한’, ‘농지취득자격증명제’, ‘임대차 제한’, ‘농지보전부담금’, ‘양도소득세제’ 등 토지공개념이 반영된 정책들을 시행하고 있다.

Research Background The philosophy of the public concept of land became a key topic in Korea regarding the regulation on the use of land to solve urban problems in the late 1980s. Afterward, the National Assembly launched the Constitutional Research Advisory Committee in 2008, the Constitutional Amendment Advisory Committee in 2014, and the Special Constitutional Amendment Committee in 2016, to study and accumulate overall issues on the Constitution. As the discussion on the public concept of land has continued, the Moon Jae-in administration proposed a constitutional amendment to strengthen the public concept of land. Although the proposed constitutional amendment contains the details of the philosophy, the discussions on the public concept of land until now have mostly focused on real estate and land. Moreover, there are few discussions of the concept in the agricultural sector. After the liberation from the Japanese colonial rule, the public concept of land in agriculture has been applied in various forms as it has evolved since the agricultural reform based on the Land to the Tillers Principle. Promoting a new direction for the farmland management system requires the establishment of the public concept of land based on the specific nature of farmland. This study intends to present the new direction of the farmland management system by investigating the modern meaning of the Land to the Tillers Principle and considering the justification and policy direction to increase the publicness and public interest of farmland from the aspect of the public concept of land.

Research Methodology This study uses the literature review, the statistical data and quantitative model analysis, questionnaire survey, experts’ manuscripts and discussions, and overseas investigation. The literature review focused on the domestic and international academic papers on the public concept of land and the related decisions of the Supreme Court of Korea. The statistical data and quantitative model analysis used the statistical data related to farmland. The farmland ownership and the status of use were analyzed based on the raw data of the comprehensive agricultural survey, agricultural economic survey, and agricultural corporation survey conducted by the Statistics Korea, the raw data of the land ownership by age group survey conducted by the Ministry of Land, Infrastructure, and Transport, and the raw data of the Farmland Register, Farmland Records, and Farmland Transaction Data by the Ministry of Agriculture, Food and Rural Affairs. Furthermore, we analyzed the effects of strengthening the farmland management function of Jeju Island using an intervention time series model. For the questionnaire survey, 1,603 local correspondents of the KREI were surveyed online, and 717 of them responded.

Findings It is necessary to set the following basic principles and directions to apply the public concept of land for establishing the detailed policies of the farmland management system. Firstly, the principle of the public concept of farmland should include the multidimensional functions and values of farmland and consider the prohibition of farmland speculation to be the basic principle of farmland management to protect farmland. Secondly, the farmland management should be switched from ownership-centered to use-centered and restrict the speculative farmland ownership while promoting leasing under the Land to the Tillers Principle. Thirdly, the unearned income from owning farmland should be collected for its use as the funding source for the protection of multidimensional values of farmland.

(The rest is omitted. See the attached file for details.)

Researchers: Chae Kwang-seok, Kim Booyoung Research period: 2019. 1. ~ 2019. 10. E-mail address: gschae@krei.re.kr