Farmland inherited, abandoned or informally leased may avoid forced disposal if entrusted to farmland bank; facilities built without permits can seek retroactive approval after paying levies; Farmland Act to undergo full review
Farmland used without authorization for non-agricultural purposes will be eligible for legalization for the first time in 38 years, provided the violations do not involve speculation or serious infractions. Land that has been informally leased or left uncultivated will also be given a chance to be regularized rather than immediately subject to forced disposal. The government plans to enact a special measures law by the end of this year to make that possible.
The Ministry of Agriculture, Food and Rural Affairs said Monday it discussed the plan — titled "Progress on the Comprehensive Farmland Survey and Future Action Plan" — at a ruling party-government consultation meeting. Rather than applying uniform penalties to all violations uncovered by the survey, the government said it would distinguish between speculative or serious violations and minor or customary ones that reflect rural realities.
The comprehensive farmland survey, the first of its kind, was launched this year to assess the ownership and use of farmland nationwide and to reform the regulatory system to better reflect rural conditions. A preliminary survey using administrative data and aerial photography was completed between May and July, and an in-depth field investigation by surveyors has been under way since August. Findings have not yet been finalized, and follow-up procedures — including formal violation determinations and disposal notices — are not expected until 2027 or later.
The government said it would take a strict approach to speculative violations. Key examples include acquiring farmland in land-transaction permit zones by submitting false farming plans and then leaving the land fallow or illegally subleasing it; agricultural corporations acquiring farmland and then operating real estate businesses; and acquiring shared ownership stakes in farmland through auctions before leaving the land fallow or illegally subleasing it.
Illegally converting farmland in agricultural promotion zones into non-agricultural facilities such as open-air storage yards or campsites will also be treated as a serious violation. Confirmed cases of speculation will be subject to disposal orders, while serious illegal conversions within agricultural promotion zones will face restoration orders and other penalties.
Yun Won-seup, the ministry's agricultural policy director, acknowledged the difficulty of identifying fraudulent acquisitions. "It is genuinely hard to determine whether an acquisition was fraudulent or improper without being able to look into a person's mind," he said. "We will issue administrative dispositions based on a comprehensive review of the circumstances, and the parties involved will have the opportunity to present their case during a local government hearing, which will then inform the final decision."
For customary violations that do not involve speculation, the government will offer a path to regularization. Eligible cases include farmland holdings that exceed the one-hectare ownership limit due to inheritance or migration away from farming, plots where farmers have informally swapped land for convenience, and situations where one person has consolidated and cultivated multiple plots in a village. Owners who entrust such land to the farmland bank will have their disposal deferred, with the existing cultivator given priority to continue farming under a lease arrangement.
"The intent is to keep existing lease relationships in place while converting them into legal, formal arrangements through the farmland bank," Yun said. The government is also considering designating proxy cultivators or allowing property tax payers to act as representatives in entrusting farmland with unclear ownership — such as land inherited without registration — to the farmland bank.
Fallow farmland will not be immediately subject to forced disposal either. Land left uncultivated by elderly farmers, heirs or those who have left farming, as well as plots that owners cannot farm directly but cannot find buyers for, will first be given a chance for voluntary restoration to agricultural use. Owners who cannot manage the restoration themselves will be able to defer disposal by transferring management rights to the farmland bank. For land that is difficult to cultivate — such as landlocked plots or steep terrain — the farmland bank will restore and lease it where needed, or explore alternative uses.
A special lease adjustment period, designed to prevent tenant farmers from being abruptly displaced, will also be extended through Nov. 15. Farmland held for three or more years that is entrusted to the farmland bank for lease during this period will be exempted from supplementary investigation and have its lease arrangement processed as lawful.
The following table summarizes the government's planned response by violation type following the comprehensive farmland survey, as provided by the Ministry of Agriculture, Food and Rural Affairs.
Category | Key examples | Planned response Speculation | False farming plans, real estate operations by agricultural corporations, acquisition of shared stakes for speculative purposes | Disposal orders Serious illegal conversion | Open-air storage yards, campsites and similar facilities in agricultural promotion zones | Restoration orders; disposal if necessary Customary leasing | Swapped cultivation, consolidated village farmland | Farmland bank entrustment; disposal deferred Fallow land | Inherited, migration-related or elderly-owned land; neglected plots with no buyers | Voluntary restoration or farmland bank management Minor illegal conversion | Agricultural, public or other facilities installed without proper procedures | Levy imposed, then retroactive conversion approval
Illegally converted farmland will be offered a path to legalization for the first time in 38 years. Agricultural, public and other facilities built without the required conversion notification or permit — and not involving serious violations such as damage to farmland in agricultural promotion zones — will be eligible for retroactive approval. Under the proposed approach, a farmland conservation levy would be imposed, and facilities meeting the relevant requirements would then receive retroactive conversion approval, bringing them into legal compliance.
Facilities under consideration for legalization are those completed before May 18 — when the comprehensive farmland survey began — and that do not conflict with the Farmland Act or other laws. However, facilities where the intent to violate the law is clear — such as structures disguised as greenhouses or mushroom farms that are in fact operating as restaurants, or those used solely for solar power generation — will be given a voluntary correction period to restore them to their originally designated use.
The government is also considering changing the land category of plots officially classified as farmland but long overgrown with trees and effectively functioning as forest, where restoring them to agricultural use would offer little practical benefit. "A change in land category does not automatically permit development activity," Yun said.
To provide the legal basis for deferred disposals and retroactive conversion approvals, the government will enact a special measures law. It aims to finalize the bill by the end of this year, pass it through the National Assembly, and implement it in the first quarter of 2027. A revision to the Farmland Act is then planned for introduction in the second quarter of next year.
"The current Farmland Act provides no basis for reducing penalties for violations identified during the survey process, which is why enacting the special measures law is absolutely necessary," Yun said. He added that many have pointed out the limitations of a law enacted in 1996. "More than 30 years have passed since it was enacted, and we intend to conduct a comprehensive review of the Farmland Act as a whole," he said.
The farmland bank's role will also be expanded. It will purchase or take on consignment farmland that elderly farmers can no longer work, and supply it to young and full-time farmers. Fragmented small plots will be consolidated and scaled up through public acquisition, exchanges and mergers. The government is also considering asking the National Assembly to approve a budget increase for tailored farmland support — from 1.81 trillion won ($1.31 billion) this year to 2.26 trillion won next year — and for the farmland pension program, from 276.6 billion won to 344.4 billion won.
Agriculture Minister Song Mi-ryeong urged the public not to be alarmed. "The comprehensive farmland survey is the starting point for accurately understanding the reality of our farmland and reforming the farmland system to revitalize agriculture and rural communities," she said. "Measures will be taken to ensure that well-meaning farmers and citizens face no disadvantage or inconvenience, so please do not be anxious and cooperate actively with the surveyors."
adastra@heraldcorp.com
