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Invest1 publisher3 min readPublished

Seoul gives owners of flagged farmland 55 days to file into the farmland bank

A nationwide survey flagged 2.84 million parcels as suspect. The agriculture ministry will now route the customary cases into farmland bank trusteeship, and a special measures act setting the terms is due by year-end.

The Investor · Invest desk

Photograph accompanying Seoul gives owners of flagged farmland 55 days to file into the farmland bank
Photo: en.sedaily.com

What happened

  • The agriculture ministry told a policy consultation with the Democratic Party of Korea on the 21st that non-speculative farmland violations will be met with voluntary correction or farmland bank trusteeship instead of uniform penalties.
  • The nationwide survey behind the measures began on May 18 and covers the 1.36 million hectares of farmland acquired since the Farmland Act took effect in 1996.
  • Its first phase, which ended in late July, classified 2.84 million parcels, about 27% of those checked, as suspected illegal leases, unauthorized fallow land or conversion, or ownership-limit breaches, none of them confirmed.

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Why it matters

  • decision Owners of flagged parcels have 55 days to choose between filing for trusteeship and letting the in-depth inspection settle their case.
  • constraint A filing defers the disposal obligation and turns the sitting cultivator into a legal tenant, so an owner who sells later is selling land with a lease attached.
  • exposure Agricultural corporations, auction stake buyers and false-plan holders in permit zones carry the full weight of the survey, with restoration orders available against converted land in agricultural promotion zones.

Divide 2.84 million flagged parcels by the 27% share they represent and the survey's denominator comes to roughly 10.5 million parcels [20]. Spread 1.36 million hectares across that count and the average parcel runs about 0.13 hectares, some 1,300 square metres [21]. At that size most of the flagged universe looks like what the ministry puts in its customary category: land entrusted to a neighbour because the owner is too old to work it [1].

The sorting is done by two dates and a filing. The special adjustment period now runs to November 15, 55 days from the September 21 announcement [8][4][22]. Inside it, an owner who has held the land three years or more and applies for lease trusteeship is taken out of supplementary inspection, and the case is not treated as a legal violation [9]. A buyer who took title inside those three years cannot get that exclusion [23].

The exclusion has a price. Trusteeship converts the informal arrangement into an official lease, and Yoon Won-seup, director general for agricultural policy at the ministry, said the plan means "existing lease relationships will be maintained as they are, while being converted into legal and official lease relationships through the farmland bank" [12][2]. For customary leases, filing defers the imposition of a disposal obligation [10]. Fallow land that cannot be worked because of inheritance or age can be restored directly or put under management trusteeship, and the ministry is reviewing the same route for land left idle because no buyer could be found [11].

Nothing was softened on the other side of the line. Permit-zone land bought on a false farming plan and then left fallow or leased out, agricultural corporations that bought for a real estate business, and auction buyers who split ownership stakes without farming all stay under current law as it stands [13]. Illegal conversion inside an agricultural promotion zone, storage yards and campgrounds among the examples, can draw restoration orders [14]. Intent is judged on field inspections and circumstantial records [15], and those field inspections have been running since August [7]. Every trusteeship filing subtracts a case from that queue.

Political circles argued the survey was chilling transactions and pushing prices lower, and pressed for supplementary steps [17]. The government has rejected any direct link between the survey and a market slowdown, citing transaction volumes and price trends [18]. Both positions survive this announcement, which Sedaily's account describes as less a change in the government's existing principles than a presentation of specific procedures [19].

I would expect the count of trusteeship applications filed by November 15 to be the most direct evidence available on how much of that 27% was custom and how much was speculation, since nothing in the initial survey has been confirmed as a violation [6]. The counter is that a filing is cheap insurance: owners who would have passed inspection file anyway, and the number overstates the customary share. The term with the clearest effect on what rural land is worth is the other one, retroactive approval for illegal conversions that meet certain requirements [2], because a storage yard that gets approved is worth more than one under a restoration order [14]. The ministry did not publish those requirements. The special measures act is due by the end of this year [3].

What to watch

  • The text of the special measures act due by the end of the year, and specifically the requirements an illegal conversion must meet to win retroactive approval.
  • The number of lease trusteeship applications filed by November 15, and whether the special adjustment period is extended again.
  • What share of the 2.84 million suspected cases the in-depth field inspections that began in August actually confirm as violations.
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