초록 열기/닫기 버튼
The Succession Law of Korean Civil Code has been applicable to farmland succession by the principle of equal division of inheritance. Korean Farmland law 1996 has no article about farmland succession except for some restrictions on scale, duration of ownership by non-farmers, in order to protect farmer’s right, and to preserve farmland. Korean Agricultural Cooperatives has many relationship with the farmland succession in field of maintaining coop. membership. But there are some problems in succession of farmland, for example, decrease of farmland size, acquisition to non-farmers. Furthermore, Korean Supreme Court has strictly interpreted related laws. We need an alternative reasonable solution and efficient management system which satisfy cooperatives, as well as farmer members. This paper suggests some kinds of the alternative solution, e.g, solo inheritance of farmland, family contract for farming successor, succession tax support, succession of membership (citing Japanese law), right to priority to buy(invoking French or German Law), transgenerational sucession (libéralités-partages of French Code civil). This paper can provide us with some idea to the legal development between the farmland successor and agricultural cooperatives.
