Farmland Disposal Obligation Hearing: Opinion Statement and Supporting Explanation

Procedure

Procedure

1. 01

   Review the grounds and inspection records: Check whether the grounds stated in the hearing notice (fallowing, unauthorized leasing, failure to follow the farm management plan, etc.) match the facts. From the date of the hearing notice until the hearing ends, you may request to inspect and copy the farmland use survey records (Article 37 of the Administrative Procedures Act), so the survey date and site photos are checked first.

2. 02

   Assess whether a justifiable reason applies: Article 9 of the Enforcement Decree of the Farmland Act lists lawful lease or free use, fallowing due to natural disaster, land improvement, or preparation for farming, conscription or call-up, illness or schooling, taking public office through an election, an injury requiring 3 months or more of treatment, overseas travel of 3 months or more, and pregnancy or less than 6 months after childbirth. Reasons not on the list, such as a busy job, are unlikely to be accepted, so the applicable item is identified.

3. 03

   Organize farming and reason evidence: Show actual cultivation with receipts for farm supplies and seeds, produce sales records, and seasonal farming photos, and organize documents proving the reason, such as medical certificates, enrollment certificates, entry and exit records, and lease agreements, so the dates match the fallow period. If failure to follow the plan is the ground, a copy of the farm management plan and a plan to resume farming are prepared together.

4. 04

   Prepare and submit the hearing opinion statement: Write the background, the justifiable reason, and the list of evidence on the opinion statement (Form No. 11 of the Enforcement Rule of the Administrative Procedures Act) and submit it to the farmland department of the city, county, or district office before the hearing date. Submitting the statement is treated as appearing and stating the opinion (Article 31(3) of the same Act), and if the party neither appears without a justifiable reason nor submits a statement, the hearing may be closed without another opportunity (Article 35(2) of the same Act).

5. 05

   Respond after the disposal obligation notice: Once the obligation is notified using Form No. 7 of the Enforcement Rule of the Farmland Act, a written objection may be filed with the notifying authority within 60 days of the notice, or an administrative appeal may be filed within 90 days of receipt. Even if the land is not disposed of within the period, the disposal order may be deferred for 3 years if the owner uses it for their own farming or signs a sale consignment contract with the Korea Rural Community Corporation or similar body (Article 12 of the Farmland Act), and after receiving a disposal order the owner may request purchase by the Korea Rural Community Corporation using the Farmland Purchase Request (Form No. 8) (Article 11 of the same Act).

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Basic documents

Basic documents

The hearing notice only has to arrive 10 days before the hearing begins, so if the opinion statement and evidence are not submitted before the hearing date, the hearing may simply close, the 1-year disposal obligation notice may be issued, and this may lead to a disposal order and a non-compliance penalty imposed every year.