경자유전의 원칙과 소작제도금지의 헌법적 함의 = The Constitutional Meaning of the Land­to­the­tillers Principle and TenantFarming Prohibition

다국어 초록 (Multilingual Abstract)

  The Korean Constitution stipulates the land­to­the­tillers principle and tenant farming prohibition in clause 1 of article 121. Also, in clause 2, the exceptional cases of leasing and consignment management of agricultural land for increasing agricultural productivity and rationally utilizing agricultural land or due to unavoidable circumstances are recognized under the conditions as prescribed by the law. Accordingly, legislators must carry out legislative right of formation regarding agricultural land under the principles of article 121 of the Constitution. Agricultural land is, in a larger sense, a kind of land, but the Korean Constitution separates the former from land in general in that the Constitution has already placed certain constitutional restrictions on agricultural land. Because the Constitution has a unique system of regulation regarding agricultural land, there is a need to systematically interpret the stipulations on property rights in article 23 and the stipulations in article 121.<BR>  Although the land­to­tillers principle or tenant farming prohibition is meaningful in that it works to stop the distortion of agricultural production structure under the economic structure of an agrarian society, it needs to be examined in new ways because of its relevance on various basic rights of today’s agricultural land. In the legal systems of foreign countries, their systems are composed in such way that their legislations enable principles such as land­to­the­tillers principle to be maintained, even if it is not explicated in their Constitution. This is so because agricultural land is not only the site of agricultural production but also controls the chaotic urbanization on the outskirts of large cities, and agricultural land preservation plan is intimately connected to the protection of people’s environmental rights.<BR>  There are legitimate reasons for the issues of agricultural land policy to be treated separately from those dealing with general land. Although in a larger sense it is a restriction of basic rights, it also opens the possibility of choosing a wide range of beneficial management approaches for those who work in the agricultural industry.  Legislators need to recognize that agricultural land policy is intimately connected to such things as the reorganization of the world’s economic order, the FTA contract, the guarantee of a minimum production level regarding food, and the issues of environmental preservation through the securement of areas of arable land that are shrinking, and they need to consider each of the factors appropriately.

목차 (Table of Contents)

• Abstract
  Ⅰ. 머리말
  Ⅱ. 헌법에 나타난 경자유전의 원칙
  Ⅲ. 농지와 일반 토지의 차별적 규율
  Ⅳ. 헌법 제121조 제1항의 규정에 대한 해석 방법
  Ⅴ. 경제질서 및 기본권과 경자유전의 원칙
  Ⅵ. 맺음말
  참고문헌