1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for adding the judgment specified in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The strict application of Article 5(1)1 of the Agricultural Income Preservation Act to the Plaintiff’s assertion is against the principle of equality and the principle of guaranteeing property rights under the Constitution, and is contrary to the purpose of the Agricultural Income Preservation Act and its legislative intent. Thus, the instant disposition is unlawful.

B. The main sentence of Article 5(1)1 of the Agricultural Income Preservation Act excludes farmland located in a river area under Article 2 of the River Act from farmland eligible for direct payments for agricultural income preservation. However, the proviso of the same Article includes farmland eligible for direct payments for rice income preservation under the Rice Income Preservation Act (amended by Act No. 11230, Dec. 31, 2008; hereinafter “rice Income Preservation Act”) for the period from January 1, 2005 to December 31, 2008, where the Minister of Agriculture, Food and Rural Affairs deems that farmland not properly paid any compensation not later than the year immediately preceding the year of registration pursuant to Article 8(1) can be used for rice farming for not less than one year, if the Minister of Agriculture, Food and Rural Affairs deems that it is possible to use it for rice income preservation.

Meanwhile, Article 6(1)2 of the Agricultural Income Preservation Act limits the direct payments for rice income preservation to those who are engaged in rice farming in farmlands eligible for direct payments for agricultural income preservation under Article 5 at least once during the period from January 1, 2005 to December 31, 2008.

At the time of the introduction of the direct payments for preserving rice income, etc., persons eligible for payment shall be determined based on farmland.