This study summarizes the concept of multifunctionality of agriculture and rural areas (hereinafter “multifunctionality”) and relevant discussion, and examines how multifunctionality is defined in the Constitution and/or Basic Law in major countries. We derive the necessity and rationale underpinning that the implications derived from this should be taken into account when amendment is to be made in the Korean Constitution and the Framework Act on Agriculture, Rural Community, and Food Industry (hereinafter referred to as the “Framework Act”).

The concept of multifunctionality and the process of reflecting it in foreign countries in law and system can shed light on what is to be considered in the Korean context as follows. First, food security, environmental preservation, and rural vitality enhancement should be included as common components of multifunctionality, but it is necessary to specify the scope and prioritize them in consideration of the Korean context. Second, in terms of the paradigm shift in agricultural policy, multifunctionality can be positioned as one of the central goals of the agricultural regime. Third, we must look back at the limitations of past agricultural policies and find answers to the question of why agriculture is necessary (for the society as a whole). To that end, the multifunctionality can be a clue. Fourth, if the policy orientation and direction should be changed and multifunctionality may play a crucial role, the Korean Government should clarify the definition and category of the multifunctionality and operate the policy in such a direction as to achieve it. If policy ideals and goals are changed, the policy implementation processes must be changed, so we must lay the foundations of law and system.

We examine whether multifunctionality conforms to the constitutional values ​​and whether the national obligation arises to have multifunctionality further provided. The related discussion is concentrated on Articles 123 and 121 of the Constitution. Based on the Social (Welfare) State Principle, the meaning of Article 119 and the following economic clause was grasped. Given the structural policy goals set forth in the economic clause, it was judged that the multifunctionality corresponds to the fundamental value of the Social (Welfare) State Principle if it is defined as an ideology, an orientation point, or a responsibility to be observed by a state.

We understood and approached it as one of the means by which the value of multifunctionality and the “land-to-tiller” principle prescribed in Article 121 of the Constitution may be realized. Since the multifunctionality conforms to the Constitutional values, it is also appropriate to maintain the “land-to-tiller” principle, which is one of the presuppositions of manifesting pluralistic functions.

This study made suggestions regarding the directions and issues to be considered when establishing or revising the multifunctionality-related clauses of agriculture and rural areas in the Constitution and the Framework Act.

The Constitution should reflect the value and direction of the multifunctionality as follows. The article defines the obligations of the government, producers, and consumers, while clarifying the relationship between pluralistic values ​​and the Social Welfare State Principle. We will consider ways to implement national obligations and provide sources of funding so that they can manifest multifunctional functions.

When revising the Framework Act, it is needed to reflect the values ​​and ideals presented in the Constitution and stipulate them as basic principles of agriculture. Adjusting the multifunctionality to the Korean context and making it legally binding and effective is of huge importance. The tasks are as follows. First, we clearly set the concept and scope of the multifunctionality. Second, it is necessary to organize multifunctional provisions in a separate section within the Framework Act. Third, effectiveness must be ensured to enable the provision of multiple functions. Regulations on responsibilities, establishment of a relevant Framework Plan, and expansion of the system can be included. Along with the above tasks, the overall Korean agricultural law system should be improved.

Researchers: Rhew Chanhee, Lee Myeongki, Nam Sookkyeong, Lim Jeongbin, Sim Yeongkyu, and Kim Sangtae
Research period: 2017. 4. ~ 2017. 6.
E-mail address: chrhew@krei.re.kr