Writing a Hearing Opinion on a Farmland Disposal Obligation — Justifiable Reasons for Fallow or Leased Land, the 1-Year Disposal Period and the 25% Charge

Procedure

1. 1. Responding to farmland use survey requests

   The mayor, county head or autonomous district head surveys farmland ownership and use regularly, and farmland for which a farmland acquisition qualification certificate was issued is surveyed at least once a year (Farmland Act Article 54). Owners asked to submit materials or state their opinion during the survey must cooperate, so before signing any confirmation form, gather receipts, sales records and photos that show actual farming, together with any lease agreement.

2. 2. Checking the hearing notice and inspecting related documents

   Before notifying a disposal obligation, the city, county or district must hold a hearing (Farmland Act Article 55) and must give notice of the facts, legal grounds, and hearing date and place at least 10 days before the hearing starts (Administrative Procedures Act Article 21(2)). Check whether the facts stated in the notice match reality; until the hearing ends you may request to inspect or copy the survey documents (same Act Article 37).

3. 3. Submitting the opinion letter and evidence of a justifiable reason

   On the opinion submission form (Form No. 11 of the Enforcement Rule of the Administrative Procedures Act), explain why the land was left fallow or not farmed, and attach evidence for a justifiable reason under Article 9 of the Enforcement Decree of the Farmland Act (lease or free use, natural disaster, land improvement or farming preparation, military service, illness or schooling, taking public office, injury needing 3 months or more of treatment, pregnancy or within 6 months after childbirth, and others). A submitted opinion letter is treated as if stated in person at the hearing (same Act Article 31(3)), so submit it before the hearing date.

4. 4. Responding within 1 year after the disposal obligation notice

   Once the obligation is confirmed, a farmland disposal obligation notice (Form No. 7) states the land concerned and the 1-year disposal period. According to the notes on the form, an objection to the notice must be filed in writing with the issuing office within 60 days from the notice date, and an administrative appeal may be filed within 90 days from receipt. Even if the land is not disposed of within the period, the disposal order may be deferred for 3 years if the owner farms the land personally or signs a sale entrustment contract with the Korea Rural Community Corporation or another designated body (Farmland Act Article 12).

5. 5. Disposal order, purchase request and non-compliance charge

   If the land is not disposed of within the obligation period, a disposal order to dispose of it within 6 months may be issued, and the owner may then request the Korea Rural Community Corporation to purchase the land using a farmland purchase request (Form No. 8) (Farmland Act Article 11). If the order is not carried out, a non-compliance charge of 25/100 of the higher of the appraised value and the individual officially assessed land price may be imposed once a year; the owner is given at least 10 days to submit an opinion before imposition and may object within 30 days from notification of the imposition (same Act Article 63, Enforcement Decree Article 75).

Required documents

• Opinion submission form (Enforcement Rule of the Administrative Procedures Act, Form No. 11; hearing opinion letter)
• Copy of the advance notice of disposition (hearing notice)
• Evidence of farming: receipts for farm materials and seeds, records of produce sales, farming photos
• Evidence of a justifiable reason: medical certificate (illness, or injury needing 3 months or more of treatment), certificate of enrollment, military service documents, certificate of entry and exit (overseas travel of 3 months or more), proof of pregnancy or childbirth
• Farmland lease or loan-for-use agreement, or entrusted lease contract with the Korea Rural Community Corporation
• Copy of the farm management plan or weekend/experience farming plan (where non-performance of the plan is the reason) and a plan for resuming farming
• Farmland purchase request (Enforcement Rule of the Farmland Act, Form No. 8; if a disposal order was received: attach a copy of the disposal order and the land register certificate)
• If there is a farm hut: temporary building construction report documents and the farmland register

Fees

Generally in the range of tens of thousands to several hundred thousand won across the industry · We will advise after a consultation, depending on the number of parcels, the amount of evidence for justifiable reasons to organize, and whether an objection, farmland purchase request or administrative appeal petition is also needed.

See fees and official charges for this service →

Legal basis and review date

• Farmland Act Article 10
• Farmland Act Article 11
• Farmland Act Article 12
• Farmland Act Article 42
• Farmland Act Article 54
• Farmland Act Article 55
• Farmland Act Article 63
• Enforcement Decree of the Farmland Act Article 9
• Enforcement Decree of the Farmland Act Article 24
• Enforcement Decree of the Farmland Act Article 75
• Enforcement Rule of the Farmland Act Article 3-2
• Enforcement Rule of the Farmland Act Article 8
• Enforcement Rule of the Farmland Act Article 9
• Enforcement Rule of the Farmland Act Form No. 7
• Enforcement Rule of the Farmland Act Form No. 8
• Administrative Procedures Act Article 21
• Administrative Procedures Act Article 31
• Administrative Procedures Act Article 35
• Enforcement Rule of the Administrative Procedures Act Form No. 9
• Enforcement Rule of the Administrative Procedures Act Form No. 11

Checked against the statutes on 2026-10-14

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• If you neither attend the hearing nor submit an opinion letter without a justifiable reason, the hearing may simply be closed (Administrative Procedures Act Article 35(2)), so submit the opinion letter before the hearing date.
• The deadlines differ: 60 days from the notice date for an objection to the disposal obligation notice, 90 days from receipt for an administrative appeal, and 30 days from notification for an objection to a non-compliance charge, so record the date you received each notice.

Frequently asked questions