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Base de Datos Género y Derecho a la Tierra

Republic of Korea

Tenencia de la tierra- formas predominantes

- The Land Reform Program of 1950 established the country’s modern agricultural system. Prior to the reform, most of the farmland was owned by a small number of landlords, while most farmers were tenants using traditional technology and paying rent amounting to more than 50 percent of their revenue (7).

- Land ownership is either private or public. The central government and local government own 15.9 percent and 6.9 percent of total area of state and public land as of the end of 2004, equivalent to 22.8 percent of the total area (35).

- In agriculture, the land tenure system is characterized by small-sized family farming due to the 3 ha limit on the size of farmland. The average farm size was 1.48 hectares in 2004, although it has increased from 0.93 hectares in 1980 due to the recent easement of the restriction on farm size on the part of the government (7).

- Borrowed farmland has increased due to the presence of large portions of land owned by urban residents, which remained uncultivated.
The farmland owned by urban residents is usually farmland left behind by those who migrated from rural areas without selling their land; or it may be farmland inherited from farmer parents by sons living in urban areas; or farmland bought by urban residents who have violated the regulations for farmland purchase.
The proportion of farmland not under cultivation by the landowner was 37 percent of the total area of farmland in 1990 (24).

Instituciones nacionales y locales que ejecutan las disposiciones jurídicas sobre la tierra

- The National Land Policy Committee, operating under the President, is responsible for the formulation of the Comprehensive Plan of National Land.

The Committee deliberates on the major policies on the planning, utilization and management of the national land with regards to:
i. matters for adjustment of policies related to the national land plan;
ii. matters for the comprehensive national land plan;
iii. matters for the Do comprehensive plan;
iv. matters for the regional plan.

The Committee consists of one chairman, two vice chairmen and not more than 34 members: If any matters for the regional plan are deliberated on, the relevant Mayor/Do governor will also seat in the Committee. The Prime Minister is the chairman, and the Minister of Finance and Economy and the Minister of Land, Transport and Maritime Affairs are the vice chairmen.

The Ministry of Land, Transport and Maritime Affairs (MLTM) is in charge of the administrative affairs of the National Land Policy Committee (25).

- The courts oversee and rule over civil affairs related to property disputes,  real estate registrations, family registrations and financial holdings. The Judiciary consists of the Supreme Court, High Courts, District Courts, Patent Court, Family Court, Administrative and Local Courts (1).

Instituciones de administración de la tierra y cuotas para la mujer

- The Ministry of Land, Transport and Maritime Affairs (MLTM) is responsible for the implementation of the Comprehensive Plan of National Land, which the Ministry reviews and eventually consolidates every five years.

The head of central administrative agency and the Mayor/Do governor translate the comprehensive national land plan in the policies and plans related to their competent duties, and formulate an implementation schedule which they submit to MLTM (25).

- Under MLTL, the Korea Cadastral Survey Corporation (KCSC) is the organization that performs cadastral surveying and is responsible for the management of the ownership and registration system, field surveying, examination of land information and update of registries.
At the local level, KCSC's main duties are to provide cadastral services ,such as land registration and examination of cadastral records, to the public.
KCSC reports to the cadastral departments in MLTM and consists of a three-level hierarchical structure made of a head office, branch offices in provinces, local agencies in cities, counties and districts (37).

- The local governments are responsible for the management of public properties and facilities and may, within the limit of laws, also “enact provisions relating to local autonomy regulations”, as provided for by Article 117 of the Constitution (1).

Disposiciones de financiamiento que garantizan a la mujer transacciones de tierras

- The Young Farmer Nurturing Program subsidizes the establishment of new farms and provides funds for the improvement of their management. The government has taken affirmative actions to increase the ratio of women farmers beneficiaries, such as lowering the selection criteria and giving extra points to women (13).

- The government gives financial support to civic organizations that work to promote the status of women farmers and protect their rights, such as National Women Farmers Association and Central Association for Life Improvement. The Ministry of Agriculture and Forestry dispensed 20 million won in 1998, 30 million won in 1999, and 60 million won in 2000 to assist these organizations (20).

- The National Agricultural Cooperative Federation (NACF) provides low interest loans to the member cooperatives. Loans have increased from 179 billion Won in 1999 to 227 billion Won in 2003. The capital was used by the member cooperatives to establish or improve businesses and services that were beneficial for member farmers such as processing facilities, marketing, etc. (38).

- In 2001, the government began to provide tuition fees to children of single mother farmers in rural areas. In 2004, the criteria for eligibility on farm ownership have been adjusted to benefit more women farmers (13).

Otros factores que influyen en los derechos a la tierra diferenciados por género

- Over 80 percent of the farms are family-run and based on the traditional male head of the household model. Therefore, only few women have land in their own names (13). The lack of land ownership prevents women from having access to credit and to agricultural support services as well as the social power to negotiate for resources in decision-making agencies (27).

- Women farmers often do not have the information and knowledge to have their rights enforced in the courtroom (38).

- Women farmers often lack farming skills and knowledge on practical technologies. As a consequence, they often do not have the asset for production, facing difficulties in their farming activities (27).

- Since most women are not certified farmers, they are not covered by social security and do not have access to pension plans (27). 

- The structure of the traditional family is changing. More and more families are based on the couple rather than the extended family. Women headed households have also increased, reaching 22.1 percent of all households in 2008 (30).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía