농업부문의 환매권에 대한 연구

Abstract

The redemption right, or the right to repurchase, is generally given to legal entities to guarantee their ownership of the Constitution. The repurchase right is currently prescribed in three acts, the Civil Act, the Act on Acquisition of and Compensation for Land for Public Works Projects, and the Korea Rural Community Corporation and Farmland Management Fund Act. However, there are some differences in meaning, validating points and conditions, and related entities of respective law. In 2020 the article prescribing the 10-year redemption right of the Act on Acquisition of and Compensation for Land for Public Works Projects was adjudicated that the article is not compatible with the property right of the Constitution by the Constitutional Court of Korea. Upon the adjudication, the question has arisen whether it affects the repurchase right of the Korea Rural Community Corporation and Farmland Management Fund Act or not. If it does, the related article should be revised and the related policy should also be changed. However, if it does not, the government and the corporation can keep the current policy without any change in the article. Reviewing the applicability of the adjudication to the Korea Rural Community Corporation and Farmland Management Fund Act, it is concluded that the redemption right of the Act is different from that of the Act on Acquisition of and Compensation for Land for Public Works Projects and that there is no need to apply the adjudication to agriculture.