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논문 기본 정보

자료유형
학술저널
저자정보
김상태 (순천향대학교)
저널정보
한양법학회 한양법학 한양법학 제28권 제3집 (통권 제59집)
발행연도
2017.8
수록면
189 - 208 (20page)

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초록· 키워드

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For the purpose of providing a stable supply of safe agricultural products and high quality foods and promoting the sustainable development of the agricultural industry and rural economies,「Framework Act on Agriculture, Rural Community, and Food Industry」enacted. However, despite these efforts, both laws do not provide enough support regarding the multifunctionality of agriculture. On the other hand, advanced countries in agriculture have reflected justifications regarding the need to support agriculture and rural communities in its laws to maintain multifunctionality in agriculture and rural communities. Based on such laws, these countries have continually cultivated greater national understanding and have utilized such consensus building practices as an impetus for further supporting agriculture and rural communities. In particular, in the case of Japan, based on its 1999 enactment of the 「Framework Act On Food, Agriculture, and Rural Communities」, the multifunctionality of agriculture and rural communities have been maintained and strengthened through a number of policies. In light of this, Japan, considered a country having similar climates and national land conditions to South Korea, was selected for further review of its handling of the issue of multifunctionality, and its implications for South Korea were further suggested in this study.
A summary of this is as follows. First, in Japan, related laws clearly recognize and promote the multifunctionality of agriculture and rural communities that have not been recognized in the past. Specifically, the laws emphasize the multifunctionality of agriculture associated with the functions of conserving national land, developing sources of water, conserving the natural environment, forming favorable scenery, and passing down culture. The laws also stipulate the need for the ‘continual development of agriculture based on things that maintain and promote natural cycling functions.’ In reference to this, South Korea must revise its regulatory framework to reflect and promote aspects regarding multifunctionality and the public benefit. Second, in Japan, when the Framework Act on Food, Agriculture, and Rural Communities was established, the law provided a means for the development of specific policies. In reference to this, South Korea, should not limit its regulations to provide abstract ideologies or directions regarding multifunctionality, but establish regulations that entail legally binding measures. Third, in the case of South Korea, Basic Plans are not required and because of this, the development of comprehensive and systematic policies is not being undertaken. In light of this, regulations that require the establishment of a Basic Plan are needed at least for the purposes of acquiring greater transparency of the policies. Fourth, the Japanese system of direct payment is considered an effective means of appropriately maintaining agricultural production activities and thus is a means of contributing to maintaining multifunctionality. For the purposes of providing a stable supply of food to the people and in consideration of the contribution of agriculture on land conservation, environmental protection, and flood prevention functions, such multifunctional aspects need to further be promoted through direct payment systems. Fifth, as it is the case in Japan, during negotiations regarding the opening of agricultural markets, the concept of multifunctionality needs to be utilized as a reason for providing great support to agriculture. In order to do so, multifunctionality must be clearly established in related laws and further efforts to uncover the theoretical basis for doing so need to be undertaken.

목차

Ⅰ. 들어가며
Ⅱ. 다면적 기능의 의의와 특징
Ⅲ. 농업의 다면적 기능과 직접지불제도
Ⅳ. 요약 및 시사점
참고문헌
Abstract

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UCI(KEPA) : I410-ECN-0101-2018-360-001259747