Full Farmland Survey: 25% Enforcement Fine Criteria
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A violation found in the full farmland survey does not mean a 25% enforcement fine is imposed immediately. The requirements for imposing the fine and the lease exceptions are separate from plans to pursue a special measures act to prevent disposal orders for ordinary violations.

- The farmland enforcement fine is 25% of the higher of the appraised value and the value based on the officially assessed individual land price.
- A person is subject to the enforcement fine only if they fail to comply with a disposal order without a valid reason.
- Fraudulent acquisition of farmland and similar violations can lead to a disposal order without the usual period for fulfilling the obligation to dispose of the land.
- Exceptions allow leasing or leaving farmland fallow in cases such as inheritance, old age, or illness.
- The relief plan for ordinary violations announced on October 8, 2026, depends on the enactment of a special measures act.

Being flagged in the comprehensive farmland survey does not mean you must immediately pay 25%. An enforcement penalty applies only if you fail to comply with a disposal order or another applicable order. A special measures law that would prevent disposal proceedings for ordinary violations is still being pursued.
The figures and explanations of the rules are based on the Farmland Act and Ministry of Agriculture, Food and Rural Affairs announcements through October 8, 2026.

What does the comprehensive farmland survey check?
The comprehensive farmland survey checks who owns the land, who actually farms it, and how it is used. The Ministry of Agriculture, Food and Rural Affairs conducted a preliminary survey from May to July 2026. It began an in-depth survey focused on site inspections in August of the same year.
Being included in the survey does not, by itself, establish a violation. Administrative records must be compared with how the land is actually used. In its September plan, the ministry stated that follow-up action on speculative violations would take place in 2027. Progress of the comprehensive farmland survey and plans for further action

Item checked
What is checked
Records for the owner to prepare

Ownership
When and how the land was acquired
Certificate of registered matters, inheritance documents

Actual cultivation
Who farms the land
Farming records, lease agreement

Fallow land
Why farming has stopped
Records showing reasons such as illness or disaster

Structures and use
Whether the land is used for nonagricultural purposes
Documents related to conversion permits or reports

The records in the table are a preparation list for explaining the facts. This does not mean the same documents are required in every survey. Check the actual submission requirements with the local government responsible for the farmland’s location.

What changed in the October 2026 announcement?
It is inaccurate to describe relief for ordinary violations as available only if the land is entrusted to the Farmland Bank. On October 8, the ministry announced a proposed approach to relief regardless of whether the land is entrusted. It said it would pursue a special law to prevent disposal proceedings based on the results of this survey.
The proposed coverage includes inherited farmland and customary lease arrangements involving older farmers. The ministry also mentioned farmland with complicated ownership, such as unregistered inheritances. These measures, however, are intended to apply after the special measures law is enacted.

Category
What was announced
What it means now

Ordinary violations
An approach that would not proceed with disposal proceedings based on survey results
A policy plan requiring enactment of a special law

Use of the Farmland Bank
Available for leasing or sale if the owner wishes
Entrusting the land is not the only condition for relief

Clear speculation
Whether to order disposal under current law will be decided after the owner provides an explanation
Not automatically exempt

Special law timetable
Introduction in October 2026 and a push to complete National Assembly procedures in December
A target timetable, not a confirmed effective date

Before deciding on a contract or sale, check the law as enacted. Its coverage and effective date may change in the final law. The announcement is set out in the ministry’s reference material on follow-up measures after the farmland survey and the direction of regulatory reform.

How the conditions for speculation and ordinary violations differ
The government’s categories of speculation consider both how the land was acquired and how it is actually used. Buying land at auction or owning it jointly does not, by itself, establish speculation. The facts surrounding a false farming plan, leaving land fallow without authorization, or an illegal lease form the basis for a decision.

Type
Conduct identified by the government
What to distinguish

Farmland in a land transaction permit zone
Acquisition under a false farming plan, followed by leaving the land unused or leasing it without authorization
Not all farmland in the zone falls into the same category

Acquisition of a share through auction or other means
A false plan aimed at profiting from a price increase, followed by leaving the land unused or leasing it without authorization
Acquiring a share is distinct from the violation

Land owned by an agricultural corporation
Splitting up farmland to sell or leasing it for real estate income instead of farming
Ownership in a corporation’s name does not guarantee compliance with the law

Serious illegal conversion
Installing prohibited nonagricultural facilities in an agricultural promotion area or other restricted area
Restoration must be considered separately from ownership issues

The ministry considers acquisition aimed at financial gain without an intention to farm a problem. Illegal campsites and storage yards in agricultural promotion areas are also examples subject to action. The specific categories appear in the September 21, 2026 follow-up action plan.

The difference between a duty to dispose, a disposal order, and an enforcement penalty
An ordinary case of noncultivation can progress from a duty to dispose to a disposal order and then an enforcement penalty. Not every violation, however, has the same period to prepare. Obtaining a farmland acquisition qualification certificate through false information, for example, is a separate ground for a disposal order.

When a duty to dispose arises, the Farmland Act provides a 1-year disposal period. Check the farmland and period specified in the notice.
Failure to fulfill the duty to dispose can lead to a disposal order. A disposal order sets a period of at most 6 months.
Failure to comply with the order without a justifiable reason can lead to an enforcement penalty. The inspector’s visit is not the date the penalty is imposed.

Article 12 of the Farmland Act provides for a 3-year deferral of a disposal order. It covers using the land for one’s own farming operations or entering into a consignment agreement for its sale. Consignment for sale is different from an agreement to entrust the land for lease. A disposal order may be issued if the grounds for deferral cease to apply. Easy Law’s explanation of farmland disposal

Example of calculating the 25% enforcement penalty
The enforcement penalty is not based solely on the officially assessed land price. The higher of the appraised value and the value based on the individually assessed land price is used. The amount imposed is 25% of that value.
The calculation is as follows.

Base value: The higher of the appraised value and the value based on the individually assessed land price
Amount imposed each time: Base value × 25%
Repeated imposition: The penalty may be imposed and collected once a year until the order is fulfilled

Consider farmland with a total value of 1 billion won based on its officially assessed land price. Assume its appraised value is no higher. The amount imposed once would then be 1 billion won × 25% = 250 million won.
If the appraised value is higher, the value used for the actual calculation also rises. If the same amount is imposed 4 times, the cumulative total is 1 billion won. This calculation assumes the base value stays the same. It does not mean the total will equal the actual sale price.
Once the order is fulfilled, new penalties stop. Amounts already imposed remain collectible. Paying an enforcement penalty therefore does not allow the violation to continue. Article 63 of the Farmland Act

Lease exceptions for inheritance, older age, and illness
Not all farmland that its owner does not personally farm is held illegally. The Farmland Act recognizes certain exceptions, including inheritance and illness. First, distinguish why the land is held and its farming history.

Owner’s situation
Conditions to examine
Points to note

Illness, military service, schooling, and similar circumstances
A temporary interruption of farming for an unavoidable reason recognized by law
Records explaining the reason and period are needed

Older owner
At least 60 years old, with at least 5 years of use for their own farming operations
Also check conditions concerning the owner’s residence and the farmland’s location

Inherited farmland
Exceptions for ownership and leasing through inheritance
Check ownership limits and rules for entrusting land that exceeds them

Leaving farming after a long period
Statutory conditions, including the length of time spent farming
Distinguish this from a purchase by someone who is simply not a farmer

An individual entrusting land to the Farmland Bank
Rules permitting this for farmland owned for at least 3 years, among other cases
Check whether the particular farmland qualifies to be accepted

The exception for older owners cannot be decided on age alone. The law applies to farmland used for the owner’s own farming operations for ‘at least 5 years.’ You must also check whether the farmland is in the city or county where the owner lives or in an adjoining city or county. Article 23 of the Farmland Act, the ministry’s guidance on permitted leases
In explanatory material dated October 3, 2026, the ministry stated:

Having circumstances that make farming difficult does not mean you must immediately dispose of the farmland or pay 25% of its value.

Illness, disasters, and preparations to farm can be recognized as legitimate reasons for leaving land fallow. An oral agreement is not illegal simply because there is no written contract. Still, recording the terms in a written contract is advisable in case of a dispute. The ministry’s explanation of disposal of uncultivated farmland and oral lease agreements

Can illegal structures be permitted later?
A plan for retroactive approval is limited to structures that can meet permit requirements. It does not automatically approve all farm huts, warehouses, and storage yards. The structures’ actual use and restrictions under other laws must also be checked.
The ministry is pursuing retroactive approval for farmland conversion where required procedures were missed. This involves reviewing the requirements and then recognizing the conversion as lawful. A farmland preservation charge may apply. September 21, 2026 announcement on bringing land use into compliance
Check the following separately.

Whether the structure itself is permitted in an agricultural promotion area
Whether the structure requires a farmland conversion permit or report
Whether it can meet the requirements of other laws, including building rules
Whether a restoration order has already been issued

Failure to comply with a restoration order can also lead to an enforcement penalty. Orders to sell farmland are not the only concern. Do not assume that starting to farm the land will also resolve every illegal structure. Easy Law’s list of cases subject to enforcement penalties

Common mistakes and how to check
The most common mistake is treating land included in the survey as land with a confirmed disposal requirement. The size of the survey also cannot be used to calculate the volume of urgent sales. The following distinctions can help with an actual assessment.

Common interpretation
What to check

Being flagged in the survey immediately triggers a 25% penalty
The type of order, the deadline for compliance, and the reason for noncompliance

The 25% rule was introduced in 2026
The ministry says the rule has been in effect since a 2021 amendment

Every lease without a written contract is illegal
Distinguish whether the farmland may legally be leased from the issue of proving the agreement

Applying to the Farmland Bank resolves everything
The difference between applying, signing an agreement, and receiving a decision to defer disposal

Inheritance or older age means there are no conditions
The difference between specific statutory requirements and the plan to pursue a special law

The ministry itself corrected claims about when the 25% rule was introduced and about oral agreements. Do not assume that applying to the Farmland Bank alone has a particular legal effect. Check the type of agreement and the outcome in writing. October 3, 2026 ministry explanatory material

When survey records do not match the actual situation
If the records and conditions on the ground differ, first organize the facts for each parcel. You need to explain why the registered owner and the person actually farming it differ. Whether a lease or fallow period is lawful depends on the reason.

Check the parcel and the period under review in the survey notice.
List how the land was acquired, who farmed it, and how it was used in date order.
Gather contracts, farming records, and other material supporting your explanation.
Ask the responsible local government how to correct errors or provide an explanation.
If you receive a disposal document, check the separate guidance on submitting comments and filing an objection.

The rules provide an opportunity of at least 10 days to submit comments before an enforcement penalty is imposed. The period for objecting to a penalty is 30 days from the date of notification. Providing an explanation during the survey and objecting after a penalty is imposed are different procedures. Easy Law, Article 63 of the Farmland Act

Farmland price outlook and checks before buying
The scale of the comprehensive survey alone cannot predict a sharp fall in farmland prices. The area targeted for the in-depth survey, as reported on July 30, 2026, was 780,000 ha. That is not the area subject to confirmed disposal orders. MBC report on the ministry’s announcement
The market impact will depend on which land is actually subject to disposal and on demand from buyers in each region. It is reasonable to infer conditionally that more properties for sale could put downward pressure on prices. But neither a uniform decline in farmland prices in the Seoul metropolitan area nor stable prices for high-quality farmland has been confirmed.

Item to review before buying
Question to ask

Ability to farm
Do you have the time and travel arrangements to actually farm the land?

Purpose of acquisition
Can you carry out the farming plan you will submit?

Current use
Does the condition on the ground match the description in the contract?

Legality of structures
Do warehouses, storage yards, and similar facilities have the required permits?

Lease arrangements
How will the agreement with the current farmer continue?

Administrative orders
Are there documents concerning a duty to dispose, a disposal order, or restoration?

If you are considering buying farmland solely in the hope of development, review the obligation to use it first. Even if you are told that a lawful lease is possible, check the specific conditions. Being included in the survey is not enough to conclude that land is being sold urgently or is undervalued.
Updating farmland records is also one purpose of using the survey data. The government plans to use the data to support older farmers’ retirement and help young farmers secure farmland. Consolidating farmland and increasing the scale of farms through the Farmland Bank are also part of its plans. This announcement does not guarantee the purchase or price of any particular farmland. The ministry’s plan for using the survey results

FAQ
Q. If a violation is found during the comprehensive farmland survey, do I have to pay 25% right away?
A. No. The legal conditions, such as failure to comply with a disposal order, must be met. Being subject to the survey alone does not result in an enforcement fine.
Q. Is the enforcement fine 25% of the officially assessed land price?
A. It is 25% of the higher of the appraised value and the value based on the officially assessed price of the individual parcel. If the appraised value is higher, the fine will be greater than the amount calculated using only the officially assessed land price.
Q. Is a one-year disposal period given for every violation?
A. No. Separate grounds for a disposal order include the issuance of a farmland acquisition qualification certificate based on false information and an agricultural corporation engaging in a real estate business. You need to check the type of violation and the contents of the notice.
Q. Is it illegal to rent out inherited farmland to someone else?
A. The law provides an exception allowing inherited farmland to be leased. You need to check the ownership limit and the requirements for entrusting the land in each case. The acquisition of inherited farmland should not be assessed under the same conditions as an ordinary purchase.
Q. If I'm 60 or older, can I rent out any farmland?
A. Age alone does not determine this. You need to check whether you have used the land for your own farming operations for more than 5 years. Whether the farmland is in the city or county where you live or in an adjacent city or county must also be reviewed.
Q. Are all verbal farmland lease agreements illegal?
A. The lack of a written contract alone does not make a lease illegal. The first question is whether the farmland may legally be leased. A written contract is recommended to provide proof of the lease terms and duration.
Q. Is entrusting farmland to the Farmland Bank for lease the same as entrusting it for sale?
A. No. Entrusting farmland for lease means having another party handle the lease so someone else can farm the land. Entrusting farmland for sale is a contract to have another party sell it. The provisions on deferring a disposal order under Article 12 of the Farmland Act specify a contract to entrust the land for sale.
Q. Is the Special Farmland Measures Act already in effect?
A. According to the Ministry of Agriculture, Food and Rural Affairs' announcement on October 8, 2026, efforts to enact it were still underway. You need to check the final law for the scope of relief for general violations and its effective date.
Q. Can I immediately entrust unregistered inherited farmland in the name of the person who pays property tax on it?
A. The policy plan includes a proposal to allow entrustment through a representative. You cannot assume that application procedures are already in place for all unregistered farmland. Check ownership and the required consent procedures with the Korea Rural Community Corporation.
Q. Can an illegal warehouse or outdoor storage yard get approval after the fact?
A. Retroactive approval of farmland conversion is being pursued for facilities that can meet the permit requirements. The plan does not extend to facilities prohibited in agricultural promotion areas or those that violate other laws.
Q. Can I keep the farmland after paying the enforcement fine?
A. Paying an enforcement fine does not allow you to disregard the order. The fine may be imposed repeatedly until you comply with the order. Even if you comply, fines already imposed remain subject to collection.
Q. Will all 780,000 ha targeted for in-depth investigation be put up for sale?
A. No. The 780,000 ha is the area targeted for investigation in a report on the July 2026 announcement. It is not the area confirmed for disposal or the estimated area that will be put up for sale.

Sources
- Ministry of Agriculture, Food and Rural Affairs, Reference Material on Follow-Up Measures After the Farmland Survey and Directions for Institutional Reform, October 8, 2026: https://www.mafra.go.kr/bbs/home/792/579389/artclView.do
- Ministry of Agriculture, Food and Rural Affairs, Explanatory Material on Orders to Dispose of Uncultivated Farmland and Oral Leases, October 3, 2026: https://mafra.go.kr/bbs/home/793/579348/artclView.do
- Ministry of Agriculture, Food and Rural Affairs, Normalizing and Legalizing Customary Violations in Rural Areas and Pursuing a Major Shift in Agricultural Policy, September 21, 2026: https://www.mafra.go.kr/bbs/home/792/579236/artclView.do
- Ministry of Agriculture, Food and Rural Affairs, Progress of the Comprehensive Farmland Survey and Plans for Further Action, reference material dated September 21, 2026: https://www.mafra.go.kr/bbs/home/792/600561/download.do
- Ministry of Agriculture, Food and Rural Affairs, Operation of a Special Period for Rectifying Farmland Leases and the Permitted Scope of Leasing, May 13, 2026: https://www.mafra.go.kr/bbs/home/792/597280/download.do
- National Law Information Center, Provisions on Farmland Leasing, Including Article 23 of the Farmland Act: https://law.go.kr/LSW/lsLawLinkInfo.do?chrClsCd=010202&lsId=000479&lsJoLnkSeq=1000732579&print=print
- National Law Information Center, Article 63 of the Farmland Act, Charges for Compelling Compliance, version effective January 24, 2025: https://www.law.go.kr/LSW/lsSideInfoP.do?docCls=jo&joBrNo=00&joNo=0063&lsiSeq=259079&urlMode=lsScJoRltInfoR
- Easy-to-Find Practical Law Information, Disposal of Farmland: https://m.easylaw.go.kr/MOB/CsmInfoRetrieve.laf?ccfNo=1&cciNo=2&cnpClsNo=3&csmSeq=93
- MBC, Report on Suspected Farmland Violations Nationwide and Subjects of In-Depth Investigation, July 30, 2026: https://imnews.imbc.com/news/2026/econo/article/6841269_36932.html

Images
- An older woman stands in a vegetable field as a man examines the edge between crop rows and overgrown land.: https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MjY1NjUsInB1ciI6ImJsb2JfaWQifX0=--46beca3cf8d157d218c49d0d88be05b4636d1f60/ai-7a4649e2.webp
- A man stands in a farmhouse doorway looking toward an uncultivated field, with a small sale sign by the gate.: https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MjY1NzEsInB1ciI6ImJsb2JfaWQifX0=--2bb7ff3b58a96f912b7d9d77bcea92589fbc3f05/ai-b8362638.webp

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Category: Policy Guide
Source: https://injoys.com/en/articles/farmland-survey-2026-enforcement-penalty-rules
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