축산계열화사업 주요 논쟁에 대한 법률적 고찰

(Study on Legal Issues for Livestock Systematization Project)

Despite positive effects of reduced production cost, improved quality of livestock products, increase in level of safety and hygienics, and decrease in transaction cost etc. of the introduction and expansion of Livestock Systematization Project, it was found accompanying diverse problems. The present paper thus intended to examine diverse issues and arguments on Livestock Systematization Project on the legal standpoint. Above all, the problems, related with the definition of types of Systematization Project, notified by Ministry of Agriculture, Food and Rural Affairs, were reviewed, and the definition thereof was redefined to distinguish the definition of ownership more clearly. Next, the methods of evaluation of livestock growers’ performance, raising livestock under the contract, were enumerated illustratively according to the enforcement rules based on the Act on Livestock Farm Alliance Systems; and the detailed evaluation methods, applied through discussions exploiting a standard form of contract between vertical integrators and farmers raising livestock under the contract, were found desirable. Also, the dispute on contract of security means of transfer was examined, and it was found the prohibition of making contract of security means of transfer by law would not only be illegal but also negatively affects the farmers, raising livestock under the contract who have relatively less financial power. Finally, the amendment of Act on the Prevention of Contagious Animal Diseases and revision of standard form contract were found necessary, for the appropriate sharing of the responsibility of disease prevention between vertical integrator and farmers raising livestock under the contract.