BAEKDU-DAEGAN PROTECTION ACT
Act No. 7038, Dec. 31, 2003
Amended by Act No. 7284, Dec. 31, 2004
Act No. 7548, May 31, 2005
Act No. 8506, Jul. 13, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9479, Mar. 5, 2009
Act No. 10561, Apr. 6, 2011
Act No. 11565, Dec. 18, 2012
Act No. 12414, Mar. 11, 2014
Act No. 14772, Apr. 18, 2017
The purpose of this Act is to prevent damage to the Baekdu-daegan caused by indiscriminate development by prescribing matters necessary for protecting the Mountain Range, thereby helping preserve national land in an environmentally sound manner and creating a pleasant natural environment.
The terms used in this Act shall be defined as follows:
| 1. | "Baekdu-daegan" means a vital mountain range which runs from Mt. Baekdu via Mt. Geumgang, Mt. Seorak, Mt. Taebaek, Mt. Sobaek to Mt. Jiri; |
| 2. | "Baekdu-daegan Protection Areas" means certain areas of the Baekdu-daegan designated and publicly announced by the Administrator of the Korea Forest Service as areas requiring special protection in accordance with Article 6. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 3 (Relationship to Other Acts) |
This Act shall prevail over other Acts concerning the protection of the Baekdu-daegan and serve as the basis thereof.
| Article 4 (Establishment of Basic Plans for Protection of Baekdu-daegan) |
| (1) | The Minister of Environment shall set principles and standards concerning the establishment of a basic plan for the protection of the Baekdu-daegan (hereinafter referred to as "basic plan") following consultation with the Administrator of the Korea Forest Service: Provided, That the principles and standards may be modified subject to consultation with the Administrator of the Korea Forest Service where such modification is deemed unavoidable due to changes in social, economic or regional conditions. |
| (2) | In order to efficiently protect the Baekdu-daegan, the Administrator of the Korea Forest Service shall establish a basic plan every ten years in accordance with the principles and standards under paragraph (1) after consulting with the Minister of Environment. |
| (3) | When the Administrator of the Korea Forest Service establishes or modifies a basic plan, he/she shall, in advance, consult with the heads of related central administrative agencies and Do Governors on the basic plan. |
| (4) | The basic plan shall contain the following: |
| 1. | Matters concerning the current status of the Baekdu-daegan and anticipated changes in conditions; |
| 2. | Basic directions for the protection of the Baekdu-daegan; |
| 3. | Matters concerning projects for the investigation and protection of the natural environment, forest resources, etc. of the Baekdu-daegan; |
| 4. | Matters concerning the designation, cancellation of designation, or modification of districts of Baekdu-daegan Protection Areas; |
| 5. | Matters concerning the restoration and recovery of the ecosystems and damaged areas of the Baekdu-daegan; |
| 6. | Matters concerning the purchase of land in Baekdu-daegan Protection Areas and articles attached to such land, including standing trees, structures, etc. (hereinafter referred to as "land, etc."); |
| 7. | Matters concerning assistance to residents living in Baekdu-daegan Protection Areas or to persons possessing land in Baekdu-daegan Protection Areas; |
| 8. | Matters concerning inter-Korean cooperation relating to the protection of the Baekdu-daegan; |
| 9. | Other matters deemed necessary for the protection of the Baekdu-daegan. |
| (5) | The Administrator of the Korea Forest Service may request the heads of related central administrative agencies or the heads of local governments to submit data or provide cooperation necessary for the establishment and implementation of basic plans. In such cases, the heads of related central administrative agencies and local governments requested to provide materials or cooperation shall comply with such request unless there is a compelling reason not to do so. |
| (6) | When the Administrator of the Korea Forest Service has established a basic plan, he/she shall notify the heads of related central administrative agencies and Do Governors thereof. The same shall also apply to any modification of such basic plan. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 5 (Implementation Plans for Protection of Baekdu-daegan) |
| (1) | The Administrator of the Korea Forest Service shall establish an annual implementation plan for the protection of the Baekdu-daegan (hereinafter referred to as "implementation plan") in accordance with the basic plan after consultation with the Minister of Environment. |
| (2) | The provisions of Article 4 (3), (5) and (6) shall apply mutatis mutandis to the establishment of implementation plans. |
| (3) | Matters necessary for standards and methods for the establishment of implementation plans, and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 6 (Designation of Baekdu-daegan Protection Areas) |
| (1) | The Minister of Environment shall set principles and standards concerning the designation of Baekdu-daegan Protection Areas (hereinafter referred to as "Protection Areas") after consultation with the Administrator of the Korea Forest Service: Provided, That the principles and standards may be modified subject to consultation with the Administrator of the Korea Forest Service where such modification is deemed unavoidable due to changes in social, economic or regional conditions. |
| (2) | The Administrator of the Korea Forest Service may designate certain areas of the Baekdu-daegan deemed to require special protection in terms of the ecosystems, natural landscapes, forests, etc. as Protection Areas in accordance with the principles and standards under the main sentence of paragraph (1) after consultation with the Minister of Environment. In such cases, the Protection Areas shall be classified as follows: |
| 1. | Core districts: Certain areas along the ridge of the Baekdu-daegan intended for special protection; |
| 2. | Buffer districts: Areas adjoining core districts, which are necessary to protect such core districts. |
| (3) | Article 4 (3), (5) and (6) shall apply mutatis mutandis to procedures for the designation of Protection Areas; however, opinions of residents of the relevant areas may be sought if necessary. |
| (4) | When the Administrator of the Korea Forest Service has designated any Protection Area under paragraph (2), he/she shall publish such fact in the Official Gazette and notify the heads of related central administrative agencies and Do Governors thereof, as prescribed by Presidential Decree. |
| (5) | The competent Do Governors or heads of Sis/Guns shall produce documents relating to the designation of Protection Areas available for perusal by the general public. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 7 (Restrictions on Activities in Protection Areas) |
| (1) | No one shall construct a building, install an artificial structure or any other facility, change the form and quality of land, remove soil and rock, or conduct any other activity similar thereto within the core district of a Protection Area, except in the following cases: <Amended by Act No. 12414, Mar. 11, 2014; Act No. 14722, Apr. 18, 2017> |
| 1. | Installation of national defense facilities or military facilities; |
| 2. | Installation of indispensable official or public facilities, such as roads, railroads, rivers, etc., which are prescribed by Presidential Decree; |
| 3. | Installation of natural environment conservation facilities, such as wildlife passages, facilities for the conservation and utilization of the natural environment, and facilities, etc. for ecological restoration; |
| 4. | Installation of facilities for the protection of forests, conservation and proliferation of forest resources, and forestry experiment and research, which are prescribed by Presidential Decree; |
| 4-2. | Construction and management of mountain trails or hiking trails; |
| 5. | Installation of facilities for the restoration, repair, relocation, or preservation, and management of cultural assets or traditional temples, and installation of tombstones, monuments, or other similar facilities relating to cultural assets or traditional temples; |
| 7. | Development of mines under the conditions prescribed by Presidential Decree, such as facility standards for mines, restrictions on the area to be developed, and restoration of damaged land; |
| 8. | Installation of facilities relating to the livelihood of residents in the relevant areas, such as farmhouses and facilities for agriculture, forestry, or livestock farming, as prescribed by Presidential Decree; |
| 8-2. | Establishment of base stations, which are radio stations defined in Article 2 (1) 6 of the Radio Waves Act; Provided, That this shall be limited to cases where the establishment of a base station in the relevant area is inevitable for radio communications for reporting a forest fire, a distress situation, etc.; |
| 9. | Installation of appurtenant facilities specified by Presidential Decree, such as electricity, waterworks, and sewerage systems necessary for the maintenance and management of the facilities referred to in subparagraphs 1 through 4, 4-2, 5 through 8, and 8-2; |
| 10. | Installation of temporary facilities specified by Presidential Decree, such as temporary access roads, site offices, and workshops for the installation of the facilities referred to in subparagraphs 1 through 4, 4-2, 5 through 8, and 9 (excluding appurtenant facilities necessary for the maintenance and management of facilities referred to in subparagraph 8-2). |
| (2) | No one shall construct a building, install an artificial structure or any other facility, change the form and quality of land, remove soil and rock, or conduct any other activity similar thereto within the buffer district of a Protection Area, except in the following cases: <Amended by Act No. 11565, Dec. 18, 2012; Act No. 12414, Mar. 11, 2014; Act No. 14722, Apr. 18, 2017> |
| 1. | Installation, etc. of facilities under paragraph (1) 1 through 4, 4-2, 5 through 8, and 8-2; |
| 3. | Installation of facilities for forest management, such as forest roads and sheds, etc. for forest management which are prescribed by Presidential Decree; |
| 4. | Installation of facilities relating to education, research, and technological development which are prescribed by Presidential Decree; |
| 5. | Extension or remodeling of houses owned by farmers, foresters, and fishermen and of religious facilities whose size is equal to or smaller than the size prescribed by Presidential Decree; |
| 6. | Installation of facilities prescribed by Presidential Decree, such as facilities, etc. for the supply of electric power, oil or gas; |
| 7. | Strip mining of limestone prescribed by Presidential Decree within authorized or permitted areas for development for each Do, under the related statutes; |
| 8. | Installation of facilities for publicity campaigns or training prescribed by Presidential Decree in order to protect the Baekdu-daegan; |
| 9-2. | Installation of livestock industry experience facilities prescribed by Presidential Decree on the grassland developed with permission to create grassland pursuant to Article 5 of the Grassland Act on or before December 31, 2004; |
| 10. | Installation of appurtenant facilities prescribed by Presidential Decree, such as electricity, waterworks, and sewerage systems necessary for the maintenance and management of facilities referred to in subparagraphs 1 through 9 and 9-2; |
| 11. | Installation of temporary facilities prescribed by Presidential Decree, such as access roads, site offices, and workshops, for the installation of facilities referred to in subparagraphs 1 through 9, 9-2, and 10 (excluding facilities referred to in paragraph (1) 8-2 and appurtenant facilities necessary for the maintenance and management of the relevant facilities); |
| 12. | Deleted. <by Act No. 14722, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 8 (Advance Consultation) |
| (1) | Where the head of any related administrative agency or the head of any local government intends to render an administrative disposition, such as approval, authorization, permission, etc. under related Acts as necessary to conduct any development activity referred to in each subparagraph of Article 7 (1) and (2), he/she shall, in advance, consult with the Administrator of the Korea Forest Service, who shall seek opinions of the Minister of Environment in the course of such consultation. |
| (2) | Where the Administrator of the Korea Forest Service deems it necessary for protecting the Baekdu-daegan in having consultation under paragraph (1), he/she may request the reduction or adjustment of the scale or the change of location of such development. |
| (3) | Matters necessary for the scope of and standards and procedures for consultation under paragraph (1) and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 9 (Cancellation, etc. of Designation of Protection Areas) |
| (1) | Where the Administrator of the Korea Forest Service deems it unnecessary to maintain the designation of any Protection Area and continue to manage it as such as the original purpose of such designation is no longer valid or any change in natural, social, economic, or regional conditions occurs or where he/she deems it necessary to change the boundaries between core districts and buffer districts, he/she may cancel the designation of such Protection Area or change such boundaries after consultation with the Minister of Environment. |
| (2) | Article 6 shall apply mutatis mutandis to procedures, etc. for the cancellation of designation of Protection Areas or change of boundaries under paragraph (1). |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 10 (Purchase of Land, etc.) |
| (1) | The State or any local government may, where necessary to achieve the purpose of designation of a Protection Area, purchase land, etc. in the Protection Area after consultation with the owners of such land, etc.: Provided, That the State or any local government may purchase land, etc. outside of a Protection Area prescribed by Presidential Decree if it is necessary to designate such land, etc. as a Protection Area in the future, or it is deemed necessary for efficiently protecting and managing any Protection Area. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 10-2 (Request for Purchase of Land, etc.) |
| (1) | When a Protection Area has been designated and publicly announced as prescribed in Article 6, any of the following persons who own land, etc. in the same area may request the Administrator of the Korea Forest Service to purchase the relevant land, etc.: |
| 1. | A person who has been in continued possession of the relevant land, etc. since the designation of the Protection Area; |
| 2. | A person who inherited the relevant land, etc. from a person under subparagraph 1 and continues to own the same. |
| (2) | When the Administrator of the Korea Forest Service is requested to purchase land, etc. under paragraph (1), he/she shall purchase such land, etc. within budgetary limits. |
| (3) | Article 10 (2) and (3) shall apply mutatis mutandis to the purchase of land, etc. under paragraph (2), and matters necessary for procedures, etc. for the purchase thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 11 Deleted. <by Act No. 9479, Mar. 5, 2009> |
| Article 11-2 (Resident Support Programs) |
| (1) | The Administrator of the Korea Forest Service and the heads of local governments shall establish and implement plans for supporting residents living in Protection Areas (including administrative districts of Eups/Myeons/Dongs, part of which are included in Protection Areas) or persons possessing land in Protection Areas (hereinafter referred to as "resident support programs"). |
| (2) | The resident support programs shall be classified as follows: |
| 1. | Programs for increasing income, such as assistance in the installation of facilities related to agriculture, forestry and livestock industry and in organic farming; |
| 2. | Programs for promoting convenience, such as assistance in the installation of waterworks; |
| 3. | Programs for installing facilities for the conservation or utilization of the natural environment; |
| 4. | Assistance in the restoration and recovery of the Baekdu-daegan or in the installation of facilities for the protection of the Baekdu-daegan; |
| 5. | Compensation for decreases in income of persons satisfying the requirements prescribed by Presidential Decree, such as those who refrain from felling trees in order to conserve the ecosystems and natural landscapes of the Baekdu-daegan or to protect and cultivate its forests; |
| 6. | Other support programs prescribed by Presidential Decree for providing convenience to, boosting income of, or promoting the welfare of, the residents. |
| (3) | Matters necessary for procedures for the establishment and implementation of resident support programs under paragraphs (1) and (2), persons eligible for support, standards for support, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 12 (Funding for Investigation, Research and Technological Development) |
| (1) | The State or local governments may provide funding for scientific investigation, research, and technological development relating to the protection of the Baekdu-daegan. |
| (2) | The State or local governments may provide funding for the protection and monitoring of the Baekdu-daegan, restoration of the forest ecosystems, and other activities for the protection of the Baekdu-daegan. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 13 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment or the Administrator of the Korea Forest Service may delegate part of his/her authority under this Act to any Do Governor, the head of any Si/Gun, the head of any regional environmental office or the head of any regional forest service, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment or the Administrator of the Korea Forest Service may entrust part of his/her duties under this Act to related specialized institutions, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 14 (Cooperation by Related Agencies) |
Where the Minister of Environment and the Administrator of the Korea Forest Service deems it necessary to achieve the purpose of this Act, they may request the head of a related central administrative agency or the head of a local government to establish or take necessary measures. In such cases, the head of such related central administrative agency or local government shall comply with such request unless there is a compelling reason not to do so.
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 15 (Penalty Provisions) |
| (1) | Any person who conducts any prohibited act in a core district in violation of Article 7 (1), shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won. <Amended by Act No. 14722, Apr. 18, 2017> |
| (2) | Any person who conducts any prohibited act in a buffer district in violation of Article 7 (2), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 14722, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 10561, Apr. 6, 2011]
| Article 16 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits any violation referred to in Article 15 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Wholly Amended by Act No. 9479, Mar. 5, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures) Where any approval, authorization, or permission has been granted for development activities within Baekdu-daegan Protection Areas as at the time this Act enters into force, the provisions of relevant Acts shall apply until such development is completed, notwithstanding the provisions of this Act. |
ADDENDA <Act No. 7284, Dec 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7548, May 31, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8506, Jul. 13, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9479, Mar. 5, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 7 (2) 11 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10561, Apr. 6, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11565, Dec. 18, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12414, Mar. 11, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14772, Apr. 18, 2017>
This Act shall enter into force six months after the date of its promulgation.