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FOREST PROTECTION ACT

Act No. 9763, jun. 9, 2009

Amended by Act No. 10000, Feb. 4, 2010

Act No. 10250, Apr. 12, 2010

Act No. 10846, Jul. 14, 2011

Act No. 11351, Feb. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12053, Aug. 13, 2013

Act No. 12732, jun. 3, 2014

Act No. 13138, Feb. 3, 2015

Act No. 13406, Jul. 20, 2015

Act No. 14519, Dec. 27, 2016

Act No. 14545, Jan. 17, 2017

Act No. 15394, Feb. 21, 2018

Act No. 15503, Mar. 20, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the conservation of national land and the enhancement of the quality of life for the nation by keeping forests healthy and protecting forests systematically, by such means as controlling forest conservation zones, conducting preventive observations of forest diseases and pests, taking control measures against such diseases and pests, preventing and fighting forest fires, preventing landslides and recovering therefrom, etc. <Amended by Act No. 11351, Feb. 22, 2012>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 10846, Jul. 14, 2011; Act No. 11351, Feb. 22, 2012; Act No. 12248, Jan. 14, 2014; Act No. 14519, Dec. 27, 2016; Act No. 14545, Jan. 17, 2017>
1. The term "forest conservation zone" means a zone designated and publicly notified as an area particularly necessary for the conservation of the habitat and scenic views, the development of water resources, the prevention of accidents, and the preservation and betterment of forest gene resources;
2. The term "ecological woods" means woods that require special conservation and management in the locality because the forest ecosystem therein is stable or has rich forest biodiversity;
3. The term "forest diseases and pests" means diseases and pests harmful to plants and trees in a non-forest area (excluding crops defined in subparagraph 4 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters);
4. The term "preventive observations" means conducting investigations or examinations in an area in which a forest disease or pest is anticipated to develop or has developed to ascertain whether such disease or pest has developed, the seriousness of the disease or pest, the current status of damage, etc.;
5. The term "control measures" means all activities for preventing the development of forest diseases and pests, and for controlling or removing a disease or pest already developed;
6. The term "agency responsible for preventive observations and control measures" means a local government or an agency affiliated with the Korea Forest Service, responsible for preventive observations and control measures against forest diseases and pests;
6-2. The term "treatment of trees" means all activities to diagnose, and prescribe treatment for, damage to trees as well as to prevent or treat such damage;
6-3. The term "tree doctor" means a person in charge of treating trees who has been issued with a certificate of qualification for tree doctors pursuant to Article 21-6 (1);
6-4. The term "tree treatment technician" means a person in charge of preventing and treating damage to trees according to a tree doctor's diagnosis and prescriptions who has been issued with a certificate of qualification for tree treatment technicians pursuant to Article 21-6 (2);
6-5. The term "tree hospital" means a person intending to engage in tree treatment business who has been issued with a registration certificate pursuant to Article 21-9 (2);
7. The term "forest fire" means where trees, weeds, fallen leaves, etc. in a forest or in an area adjoining a forest are burned by a fire artificially or naturally ignited;
8. The term "fire prevention" means all activities for preventing and fighting forest fires;
9. The term "competent authority for forest fires" means an agency specified by Presidential Decree, including a central administrative agency and their affiliated agencies, involved in prevention of forest fires;
10. The term "landslide" means a landslide defined in subparagraph 5 of Article 2 of the Work against Land Erosion or Collapse Act;
11. The term "prevention of landslides" means all activities of taking proactive measures to prevent landslides in an area where landslides are likely to occur;
12. The term "landslide-related institution" means any institution prescribed by Presidential Decree, including a central administrative agency relating to duties for preventing landslides and an institution affiliated therewith;
13. The term "area vulnerable to landslides" means an area where harm to human lives and property is likely to occur due to landslides, which is designated and publicly announced pursuant to Article 45-8: Provided, That this shall not apply to a steep slope defined in subparagraph 1 of Article 2 of the Prevention of Steep Slope Disasters Act, an area at risk of subsidence as defined in subparagraph 2 of the same Article, a road defined in Article 10 of the Road Act, and facilities defined in subparagraph 1 of Article 2 of the Special Act on the Safety Control and Maintenance of Establishments;
14. The term "landslide information systems" means a series of systems providing information on the classification of landslide hazards, and analyzing and informing about the probability of landslides.
 Article 3 (Basic Principles for Forest Conservation)
The State and each local government shall protect forests in compliance with the following basic principles:
1. They shall keep forests intact from natural or artificial damage;
2. They shall maintain and enhance the health of forests and create a foundation for sustainable forest management;
3. They shall improve functions of forests for the public interest through the reasonable and systematic management of forest conservation zones;
4. They shall establish an organic cooperation system for forest conservation between the State and local governments to promptly cope with damage to forests.
 Article 4 (Scope of Application)
Land and trees, other than a forest, shall be also governed by all or some of the provisions concerning forest conservation zones, protected trees, and forest diseases and pests, as provided in this Act.
 Article 5 (Relationships with other Acts)
Except as otherwise expressly provided in other Acts, forest conservation shall be governed by this Act.
 Article 6 (Classification of Forests and Administrative Agencies Having Jurisdiction over Forests)
Articles 4 and 5 of the Forest Resources Creation and Management Act shall apply to classification of forests and the administrative agency having jurisdiction of each forest.
CHAPTER II FOREST CONSERVATION ZONES, ETC.
 Article 7 (Designation of Forest Conservation Zones)
(1) Where it is particularly necessary to protect a forest, the Minister of the Korea Forest Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may designate it as a forest conservation zone according to the following classification: <Amended by Act No. 11351, Feb. 22, 2012; Act No. 12732, Jun. 3, 2014>
1. Conservation zone for the living environment: A zone considered necessary for conserving and maintaining the living environment and public health and sanitation around a city, an industrial complex, a major hospital, or a sanatorium;
2. Conservation zone for scenic views: A zone considered necessary for conserving scenic views around a scenic spot, a historic site, a tourist destination, a park, an amusement park, around access roads to such a place, around a road, rail road, or a beach;
3. Conservation zone for development of water resources: A zone considered necessary for developing water resources, preventing floods, or the quality control of drinking water sources;
4. Conservation zone for disaster prevention: A zone considered necessary for preventing soil erosion and rock slides and the prevention of damage by sea breeze, tidal waves, sand, etc;
5. Forest genetic resources protection zone: A zone deemed necessary for preserving genes and species of plants in a forest or for conserving forest ecosystems: Provided, That in cases of a national forest zone defined in subparagraph 2 of Article 2 of the Natural Parks Act, he/she shall consult with the park management agency referred to in Article 4 (2) of the same Act (hereinafter referred to as "park management agency").
(2) Deleted. <by Act No. 12732, Jun. 3, 2014>
(3) Matters necessary for the demarcation and sub-categorization of forest conservation zones under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014>
 Article 8 (Public Announcement, etc. of Designation of Forest Conservation Zones)
(1) When the Minister of the Korea Forest Service or a Mayor/Do Governor intends to designate a forest conservation zone pursuant to Article 7, he/she shall publicly announce the following matters regarding the area subject to the proposed designation; and shall notify the landowners, the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), the person whose mining rights to the area under Article 38 of the Mining Industry Act have been registered and other persons prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, thereof: <Amended by Act No. 11351, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014; Act No. 14519, Dec. 27, 2016>
1. Grounds for the designation;
2. Division of the zone;
3. Location and size of the area subject to the designation;
4. Period given for filing an objection against the designation;
5. Other matters specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(2) A landowner or any person who has direct interest in the forest at issue may file an objection during the period given for filing objections under paragraph (1) in connection with the designation of a forest conservation area under Article 7, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of the Korea Forest Service or a Mayor/Do Governor shall make a decision on an objection within 20 days from the filing date of the objection under paragraph (2) and shall notify the applicant of results of the decision. <Amended by Act No. 11351, Feb. 22, 2012; Act No. 12732, Jun. 3, 2014>
(4) If no objection under paragraph (2) is filed or if an objection is deemed groundless, the Minister of the Korea Forest Service or a Mayor/Do Governor, shall designate and publicly announce the forest conservation zone, and notify the landowners and the head of the competent Si/Gun/Gu thereof. <Amended by Act No. 11351, Feb. 22, 2012; Act No. 12732, Jun. 3, 2014>
(5) The designation of a forest conservation zone shall become effective on the date of public notice under paragraph (4).
(6) Topographic drawings under Article 8 of the Framework Act on the Regulation of Land Use shall be publicly notified together at the time a forest conservation zone is designated and publicly notified pursuant to paragraph (4).
 Article 9 (Restrictions on Activities within Forest Conservation Zones)
(1) No one shall conduct any of the following activities within a forest conservation zone (excluding zones for which a plan for the development of a natural recreation forest has been formulated or approved pursuant to Article 14 (1) or (2) of the Forestry Culture and Recreation Act; the same shall apply hereafter in this Article): <Amended by Act No. 12732, Jun. 3, 2014; Act No. 15394, Feb. 21, 2018>
1. Thinning out standing trees or bamboo;
2. Mining or collecting forestry products;
2-2. Damaging or withering standing trees, bamboos or forestry products;
3. Grazing livestock;
4. Other activities specified by Presidential Decree as changing the form or quality of land.
(2) Notwithstanding paragraph (1), the following activities may be conducted under the condition specified in each applicable subparagraph, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014>
1. Activities allowed with permission of the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Installation of a forest conservation facility specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, control measures against forest diseases and pests, and other activities under subparagraphs of paragraph (1), incidental to activities specified by Presidential Decree;
2. Activities allowed upon reporting to the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Thinning out trees for forest care to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones), thinning out standing trees or bamboo for purpose of improving functions of the forest, or other activities specified by Presidential Decree among activities of mining or collecting forestry products;
3. Activities allowed without permission of or reporting to the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Activities specified by Presidential Decree, such as thinning out standing trees for installing a fire-arresting line to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones).
(3) The Minister of the Korea Forest Service or the competent Mayor/Do Governor shall notify the applicant of whether relevant permission or report has been granted or received, within 15 days after receipt of an application for the permission or the report under paragraph (2) 1 or 2. <Newly Inserted by Act No. 15503, Mar. 20, 2018>
(4) Where the Minister of the Korea Forest Service or the competent Mayor/Do Governor fails to notify the applicant of whether the relevant permission or report has been granted or received or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (3), the permission or report shall be deemed granted or received on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Newly Inserted by Act No. 15503, Mar. 20, 2018>
 Article 10 (Management of Forest Conservation Zones, etc.)
(1) The Minister of the Korea Forest Service or a Mayor/Do Governor shall endeavor to conserve and manage designated forest conservation zones in conformity with the purpose of designation. In such cases, if it deems necessary to conserve and manage a forest conservation zone or to improve the functions of a forest conservation zone, he/she may designate a caretaker or enter into an agreement on the conservation of a forest (hereinafter referred to as "agreement on conservation and management of a forest") with the owner or caretaker of a forest conservation zone to authorize him/her to manage the zone. <Amended by Act No. 11351, Feb. 22, 2012; Act No. 12732, Jun. 3, 2014>
(2) The Minister of the Korea Forest Service or a Mayor/Do Governor may issue an order to the owner or caretaker of a forest conservation zone or a person who executed an agreement on conservation and management of a forest regarding matters necessary for the conservation and management and may subsidize expenses incurred in the conservation and management, as prescribed by Presidential Decree. <Amended by Act No. 12732, Jun. 3, 2014>
(3) The State or a local government shall, if the owner of or a person with a right to use and profit from land, standing trees or bamboo in a forest conservation zone is not permitted to conduct an activity under Article 9 (2) 1 on the ground of public interest, compensate the owner for losses that he/she is ordinarily anticipated to sustain due to denial of such permission, as prescribed by Presidential Decree. <Amended by Act No. 12053, Aug. 13, 2013>
(4) The Minister of the Korea Forest Service or a Mayor/Do Governor may install and operate the following facilities necessary to protect and manage a forest genetic resources protection zone that meets the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, in terms of its size, location, etc.: <Newly Inserted by Act No. 11351, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014>
1. Facilities for the examination, preservation and research of forest genetic resources;
2. Facilities for education, investigation and guidance in the forest genetic resources protection zone;
3. Other facilities necessary to protect and manage the forest genetic resources protection zone, which are prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
 Article 10-2 (Management of Forest Genetic Resources Protection Zones in National Parks)
(1) In order to protect and manage forest genetic resources protection zones in a national park as defined in subparagraph 2 of Article 2 of the Natural Parks Act, the head of a regional forest office may perform the following acts. In such cases, he/she shall give prior notice thereof to the park management agency concerned:
1. Examination, preservation and research of forest genetic resources;
2. Control of forest diseases and pests;
3. Prevention of forest fires;
4. Other acts necessary to protect and manage forest genetic resources protection zones, which are prescribed by Presidential Decree.
(2) Where it is necessary to protect and manage forest genetic resources protection zones in a national park, the head of a regional forest office may restrict human access thereto, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That this shall not apply to cases falling under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Tourist trails established and operated by a park management agency;
2. Where a park management agency gains access to manage the park.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 10-3 (Formulation and Implementation of Master Plans for Management of Forest Genetic Resources Protection Zones)
(1) In order to protect and manage forest genetic resources protection zones, the Minister of the Korea Forest Service shall formulate and implement a master plan for the management of forest genetic resources protection zones, including the following matters (hereinafter referred to as "master management plan"), every five years:
1. Matters concerning the establishment of objectives for protection and management of forest genetic resources protection zones;
2. Matters concerning the examination and research of forest genetic resources;
3. Matters concerning the geographic distribution of forest genetic resources;
4. Matters necessary for the sustainable use of forest genetic resources protection zones;
5. Matters necessary for the protection and management of forest genetic resources.
(2) Where the Minister of the Korea Forest Service intends to formulate or modify a master management plan, he/she shall have prior consultations with the heads of relevant administrative agencies and the heads of local governments: Provided, That this shall not apply where he/she modifies insignificant matters prescribed by Presidential Decree.
(3) Where necessary for the formulation of a master management plan, the Minister of the Korea Forest Service may request the heads of relevant administrative agencies and the heads of local governments to submit data. In such cases, the heads of relevant administrative agencies and the heads of local governments shall comply with such request in the absence of any justifiable ground.
(4) Pursuant to a master management plan, each Mayor/Do Governor and the head of each regional forest office shall respectively formulate and implement a management plan for the forest genetic resources protection zones under their jurisdiction (hereafter referred to as "local management plan" in this Article) every five years.
(5) Pursuant to a master management plan and a local management plan, each Mayor/Do Governor and the head of each regional forest office shall respectively formulate and implement an annual implementation plan.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 10-4 (Evaluation of Efficacy)
(1) The Minister of the Korea Forest Service may evaluate the efficacy of protection and management of forest genetic resources protection zones (hereafter referred to as "evaluation of efficacy" in this Article).
(2) The Minister of the Korea Forest Service shall reflect the results of evaluation of efficacy in a master management plan.
(3) Matters necessary for the standards, methods, timing, etc. for the evaluation of efficacy shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 11 (Cancellation of Designation of Forest Conservation Zone)
(1) The Minister of the Korea Forest Service or a Mayor/Do Governor may fully or partially cancel a designation of a forest conservation zone as follows: <Amended by Act No. 10000, Feb. 4, 2010; Act No. 11351, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014; Act No. 14519, Dec. 27, 2016>
1. Conservation zones for the living environment, conservation zones for scenic views, conservation zones for development of water resources, and conservation zones for disaster prevention:
(a) Where it is deemed unnecessary to keep the relevant area as a forest conservation zone because the purpose of designation has been attained;
(b) Where it is deemed the purpose of designation is no longer relevant because of any damage caused by a natural disaster, or any other ground prescribed by Presidential Decree;
(c) Where it is intended to use the relevant forest conservation zone as land for school facilities, farm road facilities, major industrial facilities, military facilities, river facilities, roads, railroad facilities, or other public facilities prescribed by Presidential Decree;
(d) Where it is intended to use the relevant forest conservation zone for purposes related to agriculture, forestry, fishing industry, or mining industry and for purposes prescribed by Presidential Decree, such as the development of agricultural land, facilities including housing on farms, facilities for fishery farming, etc.;
(e) Where it is deemed inevitable to cancel a designation of a forest conservation zone due to a designation in public interest, such as the designation of a protection zone under Article 27 of the Cultural Heritage Protection Act, and where any ground prescribed by Presidential Decree arises;
(f) Where it is intended to use the relevant forest conservation zone for purposes prescribed by Presidential Decree, such as collecting sand or stones in some parts of the forest conservation zone, to the extent such purposes do not impede the of designation of a forest conservation zone;
(g) Where part of a conservation zone for development of water resources designated by the Minister of the Korea Forest Service pursuant to Article 7 (1) is included in a site for another purpose prescribed by Presidential Decree within the scope prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, so as not to impede its purpose of designation;
2. Conservation zones for forest gene resources:
(a) In cases under paragraph (1) a or b;
(b) Where the conservation zones are used as sites for military installations or other facilities specified by Presidential Decree for public use or public purposes or where it is deemed inevitable to cancel the designation the conservation zones in public interest.
(2) Where a Mayor/Do Governor intends to fully or partially cancel the designation of a forest conservation zone, in any of the following cases, he/she shall first consult with the Minister of the Korea Forest Service: <Amended by Act No. 13406, Jul. 20, 2015>
1. In cases falling under paragraph (1) 1 (a), (b), or (g);
2. In cases falling under paragraph (1) 2 (a).
(3) Upon receipt of a request for consultation under paragraph (2), the Minister of the Korea Forest Service shall undergo deliberation by the Central Mountainous District Management Committee established under Article 22 (1) of the Mountainous Districts Management Act. <Newly Inserted by Act No. 13406, Jul. 20, 2015>
(4) The Minister of the Korea Forest Service shall notify the competent Mayor/Do Governor of the consultation opinion reached based on the results of deliberation by the Central Mountainous District Management Committee referred to in paragraph (3). <Newly Inserted by Act No. 13406, Jul. 20, 2015>
(5) Details about the procedures, method, etc. for cancelling the designation of any forest conservation zone, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13406, Jul. 20, 2015>
 Article 11-2 (Re-Designation of Forest Conservation Zones)
(1) Any forest conservation zone, the designation of which has been cancelled pursuant to Article 11 (1) 1 (c) through (g) or 11 (1) 2 (b), may be re-designated as such if it falls under any of the following:
1. Where the relevant project has not commenced by not later than three years from the date the cancellation of the designation of the forest conservation zone was publicly notified;
2. Where the designation of a project zone, etc. for the relevant project becomes ineffective due to the revocation of authorization or permission therefor, expiration of the period, etc.
(2) Where any designating authority re-designates a forest conservation zone pursuant to paragraph (1), he/she shall publicly notify the following matters and shall inform the landowners, the head of the competent Si/Gun/Gu, and the person prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs thereof pursuant to Article 8 (1). In such cases, no period for raising an objection shall be set:
1. Grounds for the re-designation of the forest conservation zone;
2. Division of the zone;
3. Location and area of the land subject to re-designation;
4. Base date of re-designation.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 12 (Purchase and Exchange of Land within Forest Conservation Zone)
(1) If necessary for achieving purposes of the designation of a forest conservation zone, the State or a local government may purchase parcels of land within the forest conservation zone (including trees and bamboo therein; the same shall apply hereafter in this Article) or parcels of land specified by Presidential Decree around the forest conservation zone within budget limits or exchange them with State-owned or public forests, through negotiations with landowners or at the request of landowners: Provided, That any of the following land may be selected for purchase or exchange in preference to land of other forest conservation zones: <Amended by Act No. 12732, Jun. 3, 2014>
1. Jeju Gotjawal;
2. Land with fresh air;
3. Other land prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(2) As to the procedures for purchasing or exchanging parcels of land pursuant to paragraph (1) and other necessary matters, the State Property Act, the State Forest Administration and Management Act, or the Public Property and Commodity Management Act shall apply mutatis mutandis.
(3) Purchase or exchange prices in cases of purchase or exchange of parcels of land pursuant to paragraph (1) shall be calculated in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.
 Article 12-2 (Sale, Exchange, etc. of Land in Conservation Zones for Development of Water Resources)
Where the head of a central administrative agency, etc. under subparagraph 11 of Article 2 of the State Property Act intends to sell or make exchanges of property designated as a conservation zone for development of water resources pursuant to Ordinance of the Ministry of Agriculture, Food and Rural Affairs, of the national forests under his/her jurisdiction (excluding national forests under the jurisdiction of the Korea Forest Service), he/she shall have prior consultations with the person authorized to designate such zone, and inform the other party to the sale or exchange of the result of the consultations. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 13 (Designation and Management of Protected Trees)
(1) Each Mayor/Do Governor or the head of a regional forest office shall designate a tree, which is an old tree, a great tree, or a rare tree and which requires special protection, as a protected tree and safeguard it at the place where it is.
(2) As to the designation of a protected tree and the cancellation of such designation, restrictions on acts regarding a protected tree, and the purchase or exchange of the land on which a protected tree grows, Articles 8 through 12 regarding forest conservation zones shall apply mutatis mutandis.
 Article 14 (Designation, etc. of Forest Cleanup Zone)
(1) The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may, if a forest has been polluted or is anticipated to be polluted and thus it is considered necessary to take measures for preventing the forest from pollution or cleaning up pollution or if deemed necessary for conserving a forest or forest environment, designate all or part of the forest as a forest cleanup zone in accordance with standards prescribed by Presidential Decree. <Amended by Act No. 12732, Jun. 3, 2014>
(2) The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may install facilities for preventing pollution in a forest cleanup zone designated pursuant to paragraph (1) and take other measures necessary for preventing and cleaning the forest from pollution and conserving the forest environment. <Amended by Act No. 12732, Jun. 3, 2014>
(3) The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may cancel the designation of a forest cleanup zone, if he/she finds that purposes of the designation have been achieved or that it is not necessary to keep the designation any longer. <Amended by Act No. 12732, Jun. 3, 2014>
(4) The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall, whenever he/she designates a forest cleanup zone pursuant to paragraph (1) or cancels the designation pursuant to paragraph (3), publicly announce such fact. <Amended by Act No. 12732, Jun. 3, 2014>
(5) The procedures for designation and management of forest cleanup zones and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 15 (Designation, etc. of Restricted Zones)
(1) If necessary for preventing forest fires, maintaining natural scenic views, conserving the natural environment, or forest conservation on other grounds, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may designate part of a forest (excluding a park zone under the Natural Parks Act) as a restricted zone for a specified period and restrict access by the general public or the passage of vehicles. <Amended by Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(2) Upon designating a restricted zone in a mountain, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall publicly notify such fact, affected areas, the period for restricting access by the general public or the passage of vehicles, etc., and shall install signs specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, around the restricted zone. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(3) Any person who intends to enter a restricted zone in a mountain (including persons who intend to pass through the zone by vehicle) shall obtain permission from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the competent regional forest office: Provided, That a person may enter a restricted zone without permission for carrying out a forest project, fighting a forest fire, or for other reasons specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the applicant of whether to grant permission within three days after receipt of an application for permission under the main sentence of paragraph (3). <Newly Inserted by Act No. 15503, Mar. 20, 2018>
(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office fails to notify the applicant of whether to grant permission or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (4), permission shall be deemed granted on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Newly Inserted by Act No. 15503, Mar. 20, 2018>
(6) If the purpose of the designation of a restricted zone have been achieved or frustrated, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall cancel the designation without delay and give public notice of such fact. <Amended by Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(7) The procedures for the designation of a restricted zone in a mountain and the cancellation of the designation and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15503, Mar. 20, 2018>
 Article 16 (Prohibited Activities for Prevention of Forest Pollution, etc.)
No one shall commit any of the following acts in a forest:
1. Dumping sewage or waste;
2. Moving, contaminating, or destroying a sign installed by a forest administrative authority for the conservation and management of the forest.
 Article 17 (Employment of Forest Guards)
(1) The Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may employ forest wardens, if necessary for forest conservation, including the prevention of a forest conservation zone or a forest cleanup zone from destruction and pollution. <Amended by Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(2) A forest warden under paragraph (1) shall perform the following duties:
1. Prevention of forest from destruction and pollution and guidance therefor;
2. Protection of forest plants;
3. Preventive observations of forest diseases and pests;
4. Activities for prevention of forest fires;
5. Other activities necessary for forest conservation.
(3) If necessary for forest wardens to perform their duties, the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may reimburse expenses incurred in their activities within budgetary limits. <Amended by Act No. 12732, Jun. 3, 2014; Act No. 15503, Mar. 20, 2018>
(4) The qualification for forest wardens, the method of employment of such wardens, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Municipal Ordinance of each local government. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 18 (Designation of Ecological Woods, etc.)
(1) The Minister of the Korea Forest Service may designate a forest as an ecological woods, if it is necessary for stabilizing the ecosystem of the forest, maintaining and improving biodiversity in the forest and in conducting research, education, exploration, and learning by experience.
(2) The head of a local government or the head of a regional forest office shall, if he/she intends to have a forest designated as an ecological woods pursuant to paragraph (1), file an application for the designation of ecological woods with the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of the Korea Forest Service shall, upon receiving an application for designation pursuant to paragraph (2), designate the forest as ecological woods, if it satisfies standards prescribed by Presidential Decree in terms of locations and the size of forest.
(4) The Minister of the Korea Forest Service may install facilities for conducting research, education, exploration, and learning by experience under paragraph (1) (hereinafter referred to as "forest ecosystem center") in ecological woods or an area around such ecological woods or support a local government that intends to reinstate the destroyed forest ecological system.
(5) Standards for the designation of ecological woods and the cancellation of the designation, standards for the selection of areas eligible for designation, the scale of facilities of forest ecosystem centers, the scope of facilities installed, and other matters necessary for the management of ecological woods shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 18-2 (Designation and Management of Species subject to Special Forest Conservation)
(1) The Minister of the Korea Forest Service or each Mayor/Do Governor may designate and manage forest resources, which are specially weak to climate change, forest disaster, artificial forest destruction, etc. or which need to be preferentially protected for the stability of the forest ecosystem and for their high value in terms of economy, culture and academy, as species subject to special forest conservation (hereinafter referred to as "protected species"): Provided, That where the Minister of the Korea Forest Service or each Mayor/Do Governor intends to designate or manage species, which have already been designated as protected species under other Acts and subordinate statues, as protective species under this Act, he/she shall consult with the heads of related central administrative agencies in advance.
(2) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may designate an area which specially needs to be protected, among areas in which protected species designated under paragraph (1) inhabit in group, as a conservation zone for forest gene resources under Article 7 (1) or ecological woods under Article 18 (1).
(3) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may establish and implement methods to minimize damage on protected species and their habitat in conducting forest business prescribed in subparagraph 3 of Article 2 of the Forest Resources Creation and Management Act.
(4) The Minister of the Korea Forest Service or a Mayor/Do Governor may subsidize all or part of costs necessary for conservation, management, proliferation, usage, development of variety and distribution of protected species designated under paragraph (1) within budgetary limits.
(5) Other matters necessary for the type and method of designation of protected species under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10846, Jul. 14, 2011]
 Article 18-3 (Prohibition, etc. of Thinning Out, Extracting, etc. of Protected Species)
(1) No one shall thin out, mine, collect, damage, or wither protected species designated pursuant to Article 18-2 or destruct their habitats. <Amended by Act No. 12732, Jun. 3, 2014>
(2) Notwithstanding paragraph (1), any person who obtains permission from the Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office in any of the following, may mine or collect protected species: Provided, That where he/she has obtained permission to thin out or extract protected species under other Act and subordinate statutes, he/she shall comply with such Acts and subordinate statutes: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014>
1. Where he/she intends to use the protected species for academic purpose, research, proliferation or restoration;
2. Where an arboretum registered pursuant to Article 9 of the Creation and Furtherance of Arboretums Act intends to use the protected species for exhibitions or education;
3. Other cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the extent not hindering the continuous growth and proliferation of protected specifies.
(3) Where a habitat is damaged since the protected species designated pursuant to Article 18-2 (1) have been thinned out or extracted, the Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may restore or recover them.
(4) Matters necessary for permission for thinning out or extracting protected species under paragraph (2) and restoration, recovery, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10846, Jul. 14, 2011]
 Article 19 (Levels of Health and Vitality of Forests)
(1) The Minister of the Korea Forest Service may examine and assess levels of the health and diversity maintained in each forest ecosystem (hereinafter referred to as "levels of health and vitality of forests") in order to enhance functions of forests.
(2) If deemed necessary as a result of examination and assessment of levels of health and vitality of forests pursuant to paragraph (1) that the forest needs special care, the Minister of the Korea Forest Service shall establish and implement measures for conservation.
(3) Standards for examination on levels of health and vitality of forests, the method of assessment of such levels, and other necessary measures shall be prescribed by Presidential Decree.
CHAPTER III PREVENTIVE OBSERVATIONS AND CONTROL MEASURES AGAINST FOREST DISEASES AND PESTS
 Article 20 (Establishment of Long-Term Plans for Preventive Observations and Preventive Measures against Forest Diseases and Pests)
(1) The Minister of the Korea Forest Service shall establish and implement a long-term nationwide plan for preventive observations and control measures against forest diseases and pests (hereinafter referred to as "long-term nationwide plan") every ten years, including the following, in order to conduct preventive observations and control measures in an efficient and systematic manner:
1. Objectives and direction-setting for implementation of the long-term nationwide plans;
2. Matters concerning the expansion of budget, manpower, etc, for preventive observations and control measures against forest diseases and pests;
3. Matters concerning the improvement of systems, including the rearrangement of Acts and subordinate statutes regarding preventive observations and control measures against forest diseases and pests;
4. Matters concerning education, research, and international cooperation in preventive observations and control measures against forest diseases and pests;
5. Matters concerning recovery and restoration of areas destroyed by forest diseases and pests;
6. Other matters specified by Presidential Decree concerning preventive observations and control measures against forest diseases and pests.
(2) Each Mayor/Do Governor or the head of each regional forest office shall establish and implement a long-term regional plan for preventive observations and control measures against forest diseases and pests (hereinafter referred to as "long-term regional plan") every ten years in conformity with a long-term nationwide plan, taking into consideration the characteristics of the region under his/her jurisdiction.
(3) Matters necessary for the establishment and implementation of the long-term nationwide plans and long-term regional plans shall be prescribed by Presidential Decree.
 Article 21 (Annual Plans for Preventive Observations and Control Measures against Forest Diseases and Pests)
(1) The Minister of the Korea Forest Service shall establish a nationwide plan for preventive observations and control measures against forest diseases and pests each year (hereinafter referred to as "annual nationwide plan") and notify each Mayor/Do Governor and the head of each regional forest office thereof. The same shall also apply to revisions to an annual nationwide plan.
(2) Each Mayor/Do Governor and the head of each regional forest office shall establish and implement a regional plan for preventive observations and control measures against forest diseases and pests each year (hereinafter referred to as "annual regional plan") in conformity with an annual nationwide plan, taking into consideration the characteristics of the region under his/her jurisdiction.
(3) Matters necessary for the establishment and implementation of the annual nationwide plans and annual regional plans shall be prescribed by Presidential Decree.
 Article 21-2 (Investigations and Research of Forest Diseases and Pests, Technical Development, etc.)
(1) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office shall investigate and research forest diseases and pests, and the type, dispersion and ecological characteristics of forest insects, etc. related to forest diseases and pests, and develop preventative technology.
(2) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office shall reflect the result of an investigation and research under paragraph (1) in a nationwide long-term plan, regional long-term plan, annual nationwide plan or annual regional plan, respectively.
(3) Matters necessary for the subject matter and method of investigations and research, development of preventative technology, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10846, Jul. 14, 2011]
 Article 21-3 (Establishment and Implementation of Policies for Treatment of Trees)
(1) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may shall establish and implement a policy for treatment of trees, including the following matters: <Amended by Act No. 14519, Dec. 27, 2016>
1. Matters for prevention and diagnosis of damage and method to cure damage;
2. Matters regarding nurturing professionals related to treatment of trees;
3. Other matters necessary for the treatment of trees, as prescribed by Presidential Decree.
(2) Matters necessary for the establishment and implementation of treatment of trees under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10846, Jul. 14, 2011]
 Article 21-4 (Acquiring Qualification of Tree Doctor, etc.)
(1) Any person intending to be a tree doctor shall pass a qualifying examination for tree doctors administered by the Minister of the Korea Forest Service, after completing education at a training institution for tree doctors referred to in Article 21-7.
(2) Eligibility to take a qualifying examination for tree doctors, examination subjects, and other details necessary for the examination shall be prescribed by Presidential Decree.
(3) Any person intending to be a tree treatment technician shall complete education at a training institution for tree treatment technicians referred to in Article 21-7.
(4) No tree doctor or tree treatment technician (hereinafter referred to as "tree doctor, etc."), shall work for at least two hospitals simultaneously.
(5) No person, other than persons who have the qualification of a tree doctor, etc. referred to in this Act, shall use the name “tree doctor”, etc. or any other similar name.
[This Article Newly Inserted by Amended by Act No. 14519, Dec. 27, 2016]
 Article 21-5 (Disqualification for Tree Doctors, etc.)
None of the following persons shall be qualified as a tree doctor, etc.:
1. A minor;
2. A person under adult guardianship or a person under limited guardianship;
3. A person for whom two years have not passed since the execution of his/her imprisonment with prison labor sentenced to by a court for violating this Act, the Pesticide Control Act, or the Special Act on the Extermination of Pine Wilt Disease, was terminated (including where such execution is deemed terminated) or exempted.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-6 (Issuance, etc. of Certificate of Qualification for Tree Doctors, etc.)
(1) The Minister of the Korea Forest Service shall issue a certificate of qualification for tree doctors, to a person who has passed a qualifying examination for tree doctors under Article 21-4 (1).
(2) The Minister of the Korea Forest Service shall issue a certificate of qualification for tree treatment technicians, to a person who has completed education for tree treatment technicians under Article 21-4 (3).
(3) Where a person issued with a certificate of qualification for tree doctors, etc. has lost his/her certificate of qualification or where the certificate of qualification is damaged, he/she may be reissued with the certificate of qualification by the Minister of the Korea Forest Service.
(4) No person shall borrow from, or lend to, another person his/her certificate of qualification for tree doctors, etc., or engage in brokering such activities.
(5) Matters necessary for the procedures for issuing or re-issuing certificates of qualification for tree doctors, etc. as well as for the management thereof under paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(6) Where a tree doctor, etc. falls under any of the following cases, the Minister of the Korea Forest Service may revoke his/her relevant qualification or issue an order to suspend his/her relevant qualification for a period not exceeding three years: Provided, That where a tree doctor, etc. falls under subparagraph 1, 3, 5, or 6, the Minister of the Korea Forest Service shall revoke his/her qualification of a tree doctor, etc.:
1. Where he/she obtains the qualification of a tree doctor, etc. by fraud or other unlawful means;
2. Where he/she works for at least two tree hospitals simultaneously, in violation of Article 21-4 (4);
3. Where he/she becomes disqualified under Article 21-5;
4. Where he/she lends his/her certificate of qualification for tree doctors, etc. to another person, in violation of paragraph (4);
5. Where he/she treats trees during the period of suspension of qualification for a tree doctor, etc.;
6. Where he/she treats trees differently from the actual conditions, by intention;
7. Where he/she treats trees differently from the actual conditions, by negligence.
(7) Detailed standards for the revocation or suspension of qualification of tree doctors, etc. referred to in paragraph (6), shall be prescribed by Presidential Decree, in consideration of the type, degree, etc. of the relevant violation.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-7 (Designation, etc. of Training Institutions for Tree Doctors, etc.)
(1) The Minister of the Korea Forest Service may designate an educational institution, facility, or organization related to tree medicine, which meets the requirements prescribed by Presidential Decree, as a training institution for tree doctors, etc.
(2) Where any training institution for tree doctors, etc. designated as such pursuant to paragraph (1) falls under any of the following cases, the Minister of the Korea Forest Service may revoke its designation or issue a corrective order, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That where any training institution for tree doctors, etc. falls under subparagraph 1, he/she shall revoke its designation:
1. Where the relevant institution is designated as a training institution for tree doctors, etc. by fraud or other unlawful means;
2. Where the relevant institution no longer meets the requirements for designation referred to in paragraph (1);
3. Any other cases prescribed by Presidential Decree, including where the relevant institution is operated in a manner different from the training courses for tree doctors, etc. submitted at the time of designation.
(3) The Minister of the Korea Forest Service shall not designate any person for whom designation has been revoked under paragraph (2) (including the representative of a corporation the designation of which has been revoked; or a corporation re-established by such representative to make it designated as a training institution for tree doctors, etc.), as a training institution for tree doctors, etc., within one year after revocation of the designation: Provided, That where the designation has been revoked on the ground specified in paragraph (2) 1, the Minister of the Korea Forest Service shall not designate the relevant person as a training institution for tree doctors, etc., within three years after revocation of the designation.
(4) The details and period of education to be implemented by training institutions for tree doctors, etc. designated as such pursuant to paragraph (1), and any other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(5) Detailed standards for revocation of the designation of training institutions for tree doctors, etc. as well as for corrective orders referred to in paragraph (2), shall be prescribed by Presidential Decree, in consideration of the type, severity, etc. of the relevant violation.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-8 (Measures against Cheaters)
Where any examinee cheats in an examination for tree doctors referred to in Article 21-4 (1), the Minister of the Korea Forest Service shall suspend or nullify the examination, and shall suspend the examinee's eligibility to take the examination for three years from the date such examination is implemented.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-9 (Registration of Tree Hospitals)
(1) A person intending to engage in tree treatment business (limited to corporations defined in the Civil Act; or cooperatives and federations of cooperatives defined in Article 2 of the Framework Act on Cooperatives), shall register the relevant tree hospital with the competent Mayor/Do Governor, after meeting the registration standards for technology levels, capital, etc. of each type of tree hospital prescribed by Presidential Decree.
(2) The competent Mayor/Do Governor shall issue a registration certificate to a person that has registered a tree hospital under paragraph (1).
(3) Where any alteration is made to important matters prescribed by Presidential Decree, among matters registered pursuant to paragraph (1), an alteration registration shall be made during the period prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(4) No person shall treat any of the following trees without registering the relevant tree hospital: Provided, That the same shall not apply where the State or a local government implements a project to control forest diseases and pests or where the State, a local government, or the tree owner directly treats trees:
1. Trees which inhabit a forest defined in Article 2 of the Creation and Management of Forest Resources Act (hereafter referred to as "forest" in this paragraph);
2. Trees in an area other than forest (excluding crops defined in subparagraph 4 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters).
(5) No person shall lend the registration certificate of a tree hospital issued pursuant to paragraph (2), to another person.
(6) Procedures for registering a tree hospital or for making an alteration registration, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-10 (Revocation, etc. of Registration of Tree Hospitals)
(1) Where a tree hospital falls under any of the following cases, the competent Mayor/Do Governor may revoke its registration or issue an order for business suspension for a period not exceeding one year: Provided, That if a tree hospital falls under subparagraph 1, 5, or 6, he/she shall revoke its registration:
1. Where the relevant tree hospital is registered by fraud or other unlawful means;
2. Where the relevant tree hospital fails to meet the registration standards referred to in Article 21-9 (1);
3. Where an alteration registration for the relevant tree hospital is not made, or is made by unlawful means, in violation of Article 21-9 (3);
4. Where the registration certificate of the relevant tree hospital is lent to another person, in violation of Article 21-9 (5);
5. Where the relevant tree hospital engages in tree treatment business during the period of business suspension, or receives an order for business suspension at least three times during the last five years;
6. Where the relevant tree hospital is closed.
(2) No person for which three years have not elapsed since its registration was revoked under paragraph (1) 1 through 5, shall be registered as a tree hospital under Article 21-9 (1).
(3) Detailed standards for the revocation of registration or business suspension referred to in paragraph (1), shall be prescribed by Presidential Decree, in consideration of the type, severity, etc. of the relevant violation.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 21-11 (Korean Association of Tree Doctors)
(1) In order to promote welfare of tree doctors and develop technology for treatment of trees, tree doctors may establish a Korean association of tree doctors (hereafter referred to as "Association" in this Article), after obtaining authorization therefor from the Minister of the Korea Forest Service.
(2) The Association shall be a corporation.
(3) Matters concerning the qualifications for members of the Association, its executives, its operations, etc. shall be prescribed by the articles of association; and matters to be included in the articles of association shall be prescribed by Presidential Decree.
(4) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 22 (Headquarters for Preventive Observations and Control Measures against Forest Diseases and Pests)
(1) The Minister of the Korea Forest Service shall establish and operate central headquarters for preventive observations and control measures against forest diseases and pests (hereinafter referred to as "central headquarters for preventive observations and control measures") in the Korea Forest Service in order to provide support necessary for preventive observations and control measures against forest diseases and pests.
(2) The head of each local government, the head of each regional forest office, and the head of each State forest office shall establish and operate regional headquarters for preventive observations and control measures against forest diseases and pests (hereinafter referred to as "regional headquarters for preventive observations and control measures") in order to efficiently carry out preventive observations and control measures against forest diseases and pests.
(3) The Minister of the Korea Forest Service shall serve as the head of the central headquarters for preventive observations and control measures, while the head of each local government, the head of each regional forest office, and the head of each State forest office shall serve as the head of each regional headquarters for preventive observations and control measures.
(4) The organization and operation of the central headquarters for preventive observations and control measures and each regional headquarters for preventive observations and control measures and other necessary matters shall be prescribed by Presidential Decree.
 Article 23 (Preventive Observations)
(1) The Minister of the Korea Forest Service and the head of each agency responsible for preventive observations and control measures shall make preventive observations on an area where a forest disease or pests are likely to develop or have already developed.
(2) The method and timing of preventive observations under paragraph (1), measures to be taken against results of preventive observations, and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 24 (Order to Take Control Measures, etc.)
(1) When a forest disease or pests are likely to develop or has already developed, the relevant forest owner shall take measures necessary for preventive observations and control measures.
(2) When a forest disease or pests are likely to develop or have already developed, the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may take measures necessary for preventive observations and control measures. <Amended by Act No. 11351, Feb. 22, 2012>
(3) When a forest disease or pests are likely to develop or have already developed, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may order the relevant forest owner, forest caretaker, person engaged in forestry business, or the owner or distributor of trees, etc. to take the following measures. In such cases, the relevant person so ordered shall comply therewith, unless an extenuating circumstance exists: <Newly Inserted by Act No. 11351, Feb. 22, 2012>
1. Removal of trees, branches, or roots infected by a forest disease or pests;
2. Restrictions on the relocation, or prohibition of use, of seedlings for forestry, felled trees, trees for landscaping, turfs, soil and rocks, etc., which are likely to be infected or have been infected by a forest disease or pests;
3. Prevention of disease from animals, such as insects carrying a forest disease or pests or causing damage, or removal of plants spreading damage from a forest disease or pests;
4. Disinfection of seedlings and soil likely to develop or have developed a forest disease or pests.
(4) When a Mayor/Do Governor, the head of a Si/Gun/Gu or the head of a regional forest office issues an order to restrict the relocation, or prohibit the use, of seedlings for forestry, felled trees, or trees for landscaping pursuant to paragraph (3) 2, he/she shall publicly announce the details thereof for ten or more days on the bulletin boards or Internet websites of the relevant agencies. <Amended by Act No. 11351, Feb. 22, 2012>
(5) When a person, to whom an order to restrict relocation or prohibit use was issued pursuant to paragraph (3) 2, files an application for cancellation of the restriction on relocation or the prohibition of use, such restriction on relocation or prohibition of use may be cancelled only where it is confirmed that control measures against a forest disease or pests are complete. <Amended by Act No. 11351, Feb. 22, 2012>
(6) Matters necessary for the confirmation on completion of control measures against a forest disease or pests and the restriction on relocation or the prohibition of use shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11351, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(7) A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may subsidize expenses incurred in carrying out measures under the subparagraphs of paragraph (3), as prescribed by Presidential Decree. <Amended by Act No. 11351, Feb. 22, 2012>
 Article 25 (Control Measures against Forest Diseases and Pests)
(1) The Minister of the Korea Forest Service or the head of an agency responsible for preventive observations and control measures shall, when he/she intends to take control measures against a forest disease or pests, give at least 14 days' public notice of the following matters before commencing a pest control project: Provided, That he/she may give public notice after first taking control measures, if urgent control measures are required:
1. The date and timing of control measures and the area subject to the measures;
2. The type of the disease or pest subject to control measures;
3. The method and details of control measures;
4. Other necessary matters concerning control measures.
(2) Further details necessary for the inspection on, and measures against, results of a pest control project under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Further details concerning the method of control measures against forest diseases and pests shall be prescribed by the Minister of the Korea Forest Service separately.
 Article 26 (Planning and Supervision of Pest Control Projects)
(1) The head of an agency responsible for preventive observations and control measures shall, when he/she intends to implement a pest control project of a scale specified by Presidential Decree, retain a person who shall take charge of planning and supervision of the pest control project. <Amended by Act No. 11351, Feb. 22, 2012>
(2) To be qualified for planning and supervision under paragraph (1), a person shall meet the requirements under any of the following subparagraphs: <Amended by Act. No. 10250, Apr. 12, 2010>
1. A professional engineer who runs an office specializing in forestry under the Professional Engineers Act;
2. An engineering business entity specializing in forestry under the Engineering Technology Promotion Act;
3. Other person specified by Presidential Decree.
(3) A person who is retained for planning and supervision of a pest control project shall comply with this Act, orders issued pursuant to this Act, and other relevant Acts and subordinate statutes in performing the planning and supervisory work.
(4) The supervisor of a pest control project shall, it he/she discovers any violation of this Act, an order issued pursuant to this Act, or other relevant Act or subordinate statute or if the contractor of the pest control project fails to perform the pest control project in conformity with plans and designs, request the contractor to correct such violation or perform the works again.
(5) The supervisor of a pest control project may, if the contractor of the pest control project does not comply with a request under paragraph (4), request the contractor to suspend the pest control project in writing. In such cases, the contractor of a pest control project shall, upon receiving a request to suspend works, shall suspend works immediately, unless he/she has any justifiable ground to the contrary.
(6) The standards and procedure for the planning and supervision of a pest control project and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 27 (Designation of Special Pest Control Zone against Forest Diseases and Pests, Cancellation of such Designation, etc.)
(1) The Minister of the Korea Forest Service may designate an area as a special pest control zone against forest diseases and pests (hereinafter referred to as "special pest control zone") where preventive observations and control measures are urgently required in order to prevent forest diseases and pests from spreading.
(2) The Minister of the Korea Forest Service shall, when he/she designates a special pest control zone pursuant to paragraph (1), give public notice of details of the designation and shall give a notice thereof to the head of the agency responsible for preventive observations and control measures in the special pest control zone.
(3) The head of an agency responsible for preventive observations and control measures may fell trees infected by a forest disease or pests and take other urgent measures necessary for preventive observations and control measures in a special pest control zone, as prescribed by Presidential Decree. <Amended by Act No. 11351, Feb. 22, 2012>
(4) The Minister of the Korea Forest Service shall, if he/she finds that purposes of the designation of a special pest control zone have been achieved or that it is no longer necessary to keep the designation, cancel the designation and give public notice of the fact.
(5) The designation and management of a special pest control zone and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER IV PREVENTION OF, AND RESTORATION FROM, FOREST FIRES
SECTION 1 Establishment of Measures for Prevention of Forest Fires, etc.
 Article 28 (Establishment of Long-Term Measures for Prevention of Forest Fires)
(1) The Minister of the Korea Forest Service shall establish and enforce nationwide long-term measures for prevention of forest fires, including the following matters, every five years for efficient and systematic prevention of forest fires:
1. Goals and the direction of nationwide long-term measures for prevention of forest fires;
2. Matters concerning the expansion of human resources, facilities, and equipment for prevention of forest fires;
3. Matters concerning the rearrangement of Acts and subordinate statutes relevant to prevention of forest fires and the improvement of systems;
4. Matters concerning requesting cooperation in prevention of forest fires;
5. Matters concerning education and training on prevention of forest fires;
6. Matters concerning research on prevention of forest fires;
7. Matters concerning recovery and restoration of areas destroyed by forest fires;
8. Other matters specified by Presidential Decree concerning prevention of forest fires.
(2) Each Mayor/Do Governor or the head of each regional forest office shall establish and enforce regional long-term measures for prevention of forest fires every five years, taking into consideration distinct characteristics of the region under his/her jurisdiction.
(3) The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a regional forest office may request the head of the competent authority for forest fires to submit data necessary for the establishment or amendment of nationwide or regional long-term measures for prevention of forest fires, and the head of the competent authority for forest fires shall, upon receiving such a request, comply with the request, unless he/she has any justifiable reason to the contrary.
(4) Matters necessary for the establishment or amendment of nationwide and regional long-term measures for prevention of forest fires under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 29 (Establishment of Annual Measures for Prevention of Forest Fires)
(1) The Minister of the Korea Forest Service shall establish annual nationwide measures for prevention of forest fires every year and notify the measures to each Mayor/Do Governor, the head of each agency affiliated to the Korea Forest Service, and the head of each competent authority for forest fires. The same shall also apply to an amendment of the annual nationwide measures for prevention of forest fires.
(2) The head of each local government, the head of each regional forest office, and the head of each State forest office in a regional forest office (hereinafter referred to as "regional agencies responsible for control of forest fires") shall establish and enforce annual regional measures for prevention of forest fires every year in conformity with annual nationwide measures for prevention of forest fires, taking into consideration distinct characteristics of the region under his/her jurisdiction.
(3) Matters necessary for the establishment and enforcement of annual nationwide and regional measures for prevention of forest fires under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 30 (Establishment of Headquarters for Measures for Prevention of Forest Fires, etc.)
(1) The Minister of the Korea Forest Service shall establish and operate central headquarters for preventive measures against forest fires in the Korea Forest Service in order to systematically enforce annual nationwide measures against forest fires during each forest fire alert period and promptly prepare measures necessary for prevention of forest fires.
(2) The head of each regional agency responsible for control of forest fires shall establish and operate regional headquarters for preventive measures against forest fires within the regional agency responsible for control of forest fires in order to systematically enforce annual regional measures against forest fires during each forest fire alert period and promptly prepare measures necessary for prevention of forest fires.
(3) The Minister of the Korea Forest Service shall serve as the head of the central headquarters for preventive measures against forest fires, while the head of each regional agency responsible for control of forest fires shall serve as the head of each regional headquarters for preventive measures against forest fires.
(4) The head of the central headquarters for preventive measures against forest fires and the head of each regional headquarters for preventive measures against forest fires may organize and operate a council for prevention of forest fires consisting of competent agencies for forest fires, as prescribed by Presidential Decree.
(5) The operation of the central headquarters for preventive measures against forest fires and each regional headquarters for preventive measures against forest fires and other necessary matters shall be prescribed by Presidential Decree.
 Article 31 (Designation of Forest Fire Alert Period, etc.)
(1) The Minister of the Korea Forest Service shall calculate an index showing the degree of risk of the outbreak of forest fires (hereinafter referred to as "forest fire risk index") according to the state of substances that may cause a fire in a forest and weather conditions and notify citizens of the index.
(2) The Minister of the Korea Forest Service or the head of a local government shall designate a period during which the probability of the outbreak of forest fires is high in each season, because of a high forest fire risk index, as a forest fire alert period and may also designate a period, during which special measures for prevention of forest fires are required during a forest fire alert period, as a special action period against forest fires, as prescribed by Presidential Decree.
(3) The Minister of the Korea Forest Service or the head of a local government shall, when he/she designates a forest fire alert period or a special action period against forest fires under paragraph (2), give public notice of details thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. The same shall also apply to a modification to or cancellation of such a forest fire alert period or a special action period against forest fires. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 32 (Forest Fire Warnings and Countermeasures)
(1) The Minister of the Korea Forest Service or the head of a local government may issue a national crisis warning of a disaster by a forest fire (hereinafter referred to as "forest fire warning"), as prescribed by Presidential Decree.
(2) The Minister of the Korea Forest Service, the head of a local government, or the head of a park office affiliated to the Korea National Park Service shall, once a forest fire warning is issued, take necessary countermeasures, such as control of access to mountains, in compliance with guidelines prescribed by Presidential Decree for countermeasures against each forest fire warning.
SECTION 2 Prevention of and Fighting Forest Fires
 Article 33 (Prevention, etc. of Forest Fires)
(1) The owner or caretaker of a forest shall install facilities necessary for preventing and fighting forest fires and shall take measures necessary for fighting a forest fire in the event a fire breaks out.
(2) The Minister of the Korea Forest Service shall prepare an efficient system for preventing and fighting forest fires, and the head of a regional agency responsible for control of forest fires shall prevent and fight a forest fire according to the system, once a fire breaks out. <Amended by Act No. 15503, Mar. 20, 2018>
(3) The Minister of the Korea Forest Service or the head of a regional agency responsible for control of forest fires shall secure human resources, equipment, and budget necessary for preventing and fighting forest fires and take other necessary measures in preparation against forest fires. <Amended by Act No. 15503, Mar. 20, 2018>
(4) The Minister of the Korea Forest Service or the head of a regional agency responsible for control of forest fires shall regularly check equipment, etc. necessary for preventing and fighting forest fires provided for in paragraph (3) to ensure the normal operation thereof. <Newly Inserted by Act No. 15503, Mar. 20, 2018>
(5) To efficiently prevent and fight forest fires, the Minister of the Korea Forest Service or the head of a regional agency responsible for control of forest fires may conduct research or survey on the prevention of forest fires. <Newly Inserted by Act No. 15503, Mar. 20, 2018>
 Article 34 (Restriction on Activities for Prevention of Forest Fires)
(1) No one shall commit any of the following acts in a forest or in an area near a forest specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Making a fire or carrying a fire into the forest;
2. Smoking a cigarette or discarding a cigarette butt.
(2) Notwithstanding paragraph (1), any act referred to in paragraph (1) 1 are allowed in any of the following cases or areas: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014; Act No. 14519, Dec. 27, 2016>
1. Where a measure specified by Presidential Decree, such as removing combustible substances, has been taken to prevent a forest fire from spreading and permission has been obtained from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the competent head of a Si/Gun/Gu, or the competent head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;
2. Where such activities are conducted in an area specified by Presidential Decree, such as a camp site in which camping is permitted.
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may, when he/she grants permission under paragraph (2) 1, attach a condition to the permission to require to take measures necessary for preventing forest fires, and the person who has obtain permission shall notify the owner, tenant, or caretaker of a neighboring forest of his/her intended activities before starting a fire. <Amended by Act No. 12732, Jun. 3, 2014>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall, if he/she considers it necessary for preventing forest fires, prohibit any person who enters a forest from carrying with him/her a burner, combustible substance, or inflammable substance. <Amended by Act No. 12732, Jun. 3, 2014>
 Article 35 (Education on Forest Fire Prevention)
(1) The Minister of the Korea Forest Service shall establish and implement a plan for education on forest fire prevention, including the following matters therein, to train professional human resources specializing in forest fire prevention and enhancing citizens' awareness and knowledge of prevention of forest fires, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Objectives of education and direction-setting for operation of educational programs;
2. Curriculum, methods, candidates, and the period of education and other relevant matters.
(2) The head of each local agency responsible for forest fire management shall have employees in charge of fire prevention receive education on prevention of forest fires, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The head of each local agency responsible for forest fire management shall provide education on forest fire prevention to any of the following persons, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Newly Inserted by Act No. 12732, Jun. 3, 2014>
1. Fire-fighters specialized in fighting and preventing forest fires under Article 41 (1) 2;
2. Other persons designated by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to be engaged in the local agency responsible for forest fire management in order to perform duties for forest fire prevention.
(4) Where the head of an agency or organization referred to in each subparagraph of Article 39 (1) requests education on forest fire prevention to personnel necessary for fighting forest fires under the jurisdiction of such agency or organization, the head of each local agency responsible for forest fire management may provide education on forest fire prevention, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 12732, Jun. 3, 2014>
(5) The head of each local agency responsible for forest fire management may entrust the Korea Forest Fires Prevention Technology Association under Article 35-2 with the duties of education on forest fire prevention under paragraphs (3) and (4). <Newly Inserted by Act No. 12732, Jun. 3, 2014>
 Article 35-2 (Establishment, etc. of Korea Forest Fire Prevention Technology Association)
(1) The Korea Forest Fire Prevention Technology Association (hereinafter referred to as the “Association”) shall be established to provide education and training on forest fire prevention, research and investigation on forest fire prevention, and its duties delegated by the administrative agency.
(2) The Association shall be a corporation.
(3) Except as otherwise expressly provided for in this Act, provisions concerning incorporated bodies in the Civil Act shall apply mutatis mutandis to the Association.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 35-3 (Duties of the Association)
The Association shall perform the following duties:
1. Education and training concerning forest fire prevention;
2. Research and investigation concerning forest fire prevention;
3. International exchanges concerning technology and information for forest fire prevention;
4. Duties entrusted by administrative agencies concerning forest fire prevention;
5. Other duties concerning forest fire prevention.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 35-4 (Qualifications of Association Members)
Members of the Association shall be any of the following persons: <Amended by Act No. 15503, Mar. 20, 2018>
1. A person who is engaged in a research organization or service business in a field related to forest fire prevention;
2. A person with expertise or broad experience concerning forest fire prevention;
3. A person specified in any subparagraph of Article 35 (3);
4. Any other person related to the prevention of forest fires, who is prescribed by the articles of incorporation of the Association.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 35-5 (Articles of Incorporation of Association)
(1) Matters to be indicated in the articles of incorporation of the Association shall be prescribed by President Decree.
(2) The Association shall obtain an approval from the Minister of the Korea Forest Service in order to modify its articles of incorporation.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 35-6 (Operational Expenses of Association)
The operational expenses of the Association shall be financed by membership fees, business income, etc.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 35-7 (Prohibition of Use of Similar Name)
No person, other than the Association, shall use the name “Korea Forest Fire Prevention Technology Association” or similar.
[This Article Newly Inserted by Act No. 12732, Jun. 3, 2014]
 Article 36 (Information and Reporting on Forest Fires)
(1) A person who perceives a sign of a fire or discovers a forest fire in a forest or in an area near a forest shall inform the Korea Forest Service, the local agency responsible for control of forest fires, or the competent agency for forest fires of his/her perception or discovery without delay.
(2) The Korea Forest Service or the competent agency for forest fires shall, upon receiving information on the outbreak of a forest fire, promptly notify the information to the competent local agency responsible for control of forest fires.
(3) The competent local agency responsible for control of forest fires shall, upon receiving a notice of information on the outbreak of a forest fire, rush to the scene quickly to conduct activities necessary for extinguishing the forest fire.
(4) Matters necessary for reporting on the current status of outbreak of forest fires, reporting damage by forest fires and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 37 (Consolidated Command of Forest Fire-fighting)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a State forest office shall, if a forest fire in a medium or small scale that meets criteria prescribed by Presidential Decree breaks out in his/her jurisdiction, get a consolidated command of fighting the forest fire (hereinafter referred to as "consolidated command"): Provided, That if a forest fire spreads to a State forest, a public forest, or a private forest, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall get a consolidated command. <Amended by Act No. 12732, Jun. 3, 2014>
(2) The competent Mayor/Do Governor shall, if a forest fire grows to a huge forest fire that meets criteria prescribed by Presidential Decree, get a consolidated command of fighting the forest fire: Provided, That if huge forest fires break out at two or more spots in his/her jurisdiction, the Mayor/Do Governor may delegate the consolidated command for at least one spots to the head of a Si/Gun/Gu.
(3) If a forest fire stretches over at least two Sis/Guns/Gus, the competent Mayor/Do Governor shall get a consolidated command, while if a forest fire stretches over at least two Cities/Dos, the Minister of the Korea Forest Service shall take a consolidated command. In such cases, the Mayor/Do Governor or the Minister of the Korea Forest Service may delegate the consolidated command to the head of a Si/Gun/Gu or a Mayor/Do Governor, as prescribed by Presidential Decree.
 Article 38 (Establishment and Operation of Consolidated Command Headquarters at Forest Fire Site)
(1) The head of a local government or the head of a State forest office, who gets a consolidated command of forest fire-fighting pursuant to Article 37, shall establish the consolidated command headquarters at the forest fire site to command fire-fighting and may issue orders to fire-fighters as necessary for extinguishing the fire.
(2) The head of consolidated command headquarters at the forest fire site (hereinafter referred to as the "consolidated commander at the forest fire site") shall call officials in charge in each competent agency for forest fires to hold meetings for countermeasures at the forest fire site and allocate assignments to each agency so as to establish a consolidated command system with competent agencies that are mobilized to the forest fire site for assistance.
(3) The organization, missions, and reporting of the consolidated command headquarters at a forest fire site and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 39 (Cooperation)
(1) Where deemed necessary in relation to forest fire-fighting, the consolidated commander at a forest fire site may request the head of any of the following agencies or organizations to provide equipment and human resources necessary for extinguishing the forest fire and controlling the site, and the head of the agency or organization so requested shall give full cooperation, unless an extenuating circumstance exists: <Amended by Act No. 15503, Mar. 20, 2018>
1. A fire-fighting office or station;
2. A police office or station;
3. A military unit;
4. The Cultural Heritage Administration or its affiliated agencies;
5. The Korea National Park Service or its affiliated park offices (including its subordinate organizations);
6. A meteorological office or station;
7. Other forestry-related agency or organization specified by Presidential Decree.
(2) Persons dispatched to a forest fire site pursuant to paragraph (1) shall conduct assignments allocated under the command of the consolidated commander at the forest fire site.
(3) The entities to which the consolidated commander at a forest fire site may request cooperation, the method and procedure for such request, the liability for expenses incurred in such cooperation, and other necessary matters shall be prescribed by Presidential Decree.
 Article 40 (Demand, etc. for Censure in Connection with Prevention of Forest Fires)
(1) The Minister of the Korea Forest Service or the head of the local agency responsible for control of forest fires shall notify the head of an agency or organization of a list of public officials or employees who belong to the local agency responsible for control of forest fires or the competent agency for forest fires but who violated an instruction or neglected their assignment while conducting works for prevention of forest fires, fire-fighting, or restoration, along with relevant materials that can prove such violation or neglect. <Amended by Act No. 15503, Mar. 20, 2018>
(2) The consolidated commander at a forest fire site shall notify the head of an agency or organization of a list of public officials or employees who belong to the local agency responsible for control of forest fires or the competent agency for forest fires but who did not follow the command under Article 38 or neglected an assignment allocated thereto, along with relevant materials that can prove such violation or neglect. <Amended by Act No. 15503, Mar. 20, 2018>
(3) The head of an agency or organization shall, upon receipt of a notice pursuant to paragraphs (1) or (2), shall censure the public officials or employees on the list or take other appropriate measures and shall notify the head of the notifying agency of results of the measures taken.
(4) The Minister of the Korea Forest Service, the head of the local agency responsible for control of forest fires, or the consolidated commander at a forest fire site may assign public officials under his/her control to make investigations necessary for proving facts under paragraphs (1) and (2). In such cases, an investing public official shall carry with him/her an identification card showing his/her authority and produce it to people concerned.
(5) Guidelines for the notice under paragraphs (1) and (2), investigations and demand for censure under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.
 Article 41 (Installation of Forest Fire-Fighting Forces, etc.)
(1) The Minister of the Korea Forest Service may establish a forest fire-fighting force comprised of public officials who have finished the educational course specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (including special forest guards under the Arrangement of Staff Assigned for Special Forest Protection Act), and assign the forest fire-fighting force to conduct the following missions: <Amended by Act No. 11690, Mar. 23, 2013>
1. Extinguishing forest fires;
2. Commanding and controlling fire-fighters specialized in prevention of and fire-fighting against forest fires;
3. Assisting the consolidated commander at a forest fire site in commanding fire-fighting;
4. Collecting and conveying basic information for establishing strategies for extinguishing forest fires;
5. Education and public relations activities for people regarding prevention of and fighting against forest fires.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a State forest office may organize and establish a fire-fighting unit specialized in prevention of and fighting against forest fires with persons who have received education and training on fighting against forest fires, prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, among residents in his/her jurisdiction in order to prevent forest fires. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12732, Jun. 3, 2014>
(3) Matters necessary for the organization and operation of the forest fire-fighting force and fire-fighting units specialized in prevention of and fighting against forest fires under paragraphs (1) and (2) and other relevant matters shall be prescribed by Presidential Decree.
SECTION 3 Recovery of Areas Destroyed by Forest Fire, etc.
 Article 42 (Investigation of Forest Fire)
(1) The Minister of the Korea Forest Service or the head of the local agency responsible for forest fires may organize and operate a special team for investigation of forest fire, as prescribed by Presidential Decree, after extinguishing a forest fire in order to make special investigations of the causes of the forest fire and the current status of damage caused by the forest fire.
(2) Methods of investigation into causes of forest fires and damage resulting therefrom under paragraph (1) and other matters necessary for the organization and operation of a special team group for investigation of forest fires shall be prescribed by Presidential Decree.
 Article 43 (Recovery of Areas Destroyed by Forest Fire, etc.)
The Minister of the Korea Forest Service or the head of the local agency responsible for forest fires shall recover areas destroyed by a forest fire or establish and implement a plan for restoration of the forest, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 44 (Compensation for Casualties)
The Minister of the Korea Forest Service or the head of the local agency responsible for forest fires may pay compensation to persons who are killed or injured in the course of work for prevention of a forest fire or rescue of people, as prescribed by Presidential Decree: Provided, That a person who is liable for the outbreak of a forest fire may be disqualified from receiving any compensation.
 Article 45 (Evaluation and Analysis on Actions against Forest Fire)
The Minister of the Korea Forest Service may evaluate and analyze problems in actions taken against a forest fire in an area where the forest fire broke out and schemes for improvement thereof and notify results of such evaluation and analysis to the head of the local agency responsible for forest fires.
CHAPTER V LANDSLIDE PREVENTION AND COUNTERMEASURES AND RECOVERY THEREFROM
SECTION 1 Formulation, etc. of Measures for Prevention of Landslides
 Article 45-2 (Formulation and Implementation of Long-term Plans for Prevention of Landslides)
(1) For the systematic prevention of landslides, the Minister of the Korea Forest Service shall formulate and implement a long-term national plan for the prevention of landslides, including the following matters, every five years:
1. Objectives of and direction-setting for the promotion of the long-term national plan for the prevention of landslides;
2. Matters concerning the installation and management of erosion control facilities under subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act, such as debris barriers;
3. Matters concerning the expansion of budget, personnel, facilities, etc. for the prevention of landslides;
4. Matters concerning systematic improvement, such as the rearrangement of Acts and subordinate statutes concerning the prevention of landslides;
5. Matters concerning making requests for cooperation in the prevention of landslides;
6. Matters concerning the construction of information systems for landslides, designation and management of areas vulnerable to landslides, etc.;
7. Matters concerning education and research of the prevention of landslides;
8. Matters concerning recovery and reinstatement of areas damaged by landslides;
9. Other matters prescribed by Presidential Decree concerning the prevention of landslides.
(2) Where the Minister of the Korea Forest Service formulates a long-term national plan for the prevention of landslides pursuant to paragraph (1), he/she shall notify Mayors/Do Governors, the heads of regional forest offices and the heads of landslide-related institutions of such plan. The same shall also apply to any modification of the long-term national plan for the prevention of landslides.
(3) Each Mayor/Do Governor or the head of each regional forest office shall formulate a long-term local plan for the prevention of landslides every five years in consideration of the characteristics of the areas under his/her jurisdiction, based on a long-term national plan for the prevention of landslides.
(4) Where a Mayor/Do Governor or the head of a regional forest office formulates a long-term local plan for the prevention of landslides pursuant to paragraph (3), he/she shall notify the Minister of the Korea Forest Service, the heads of competent Sis/Guns/Gus, the heads of regional forest offices, the heads of State forest offices and the heads of landslide-related institutions of such plan. The same shall also apply to any modification of the long-term local plan for the prevention of landslides.
(5) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may request the heads of landslide-related institutions to submit data necessary for the formulation and modification of long-term national measures for the prevention of landslides and long-term local measures for the prevention of landslides. In such cases, landslide-related institutions so requested shall comply therewith in the absence of any justifiable ground.
(6) Matters necessary for the formulation and modification of long-term national measures for the prevention of landslides and long-term local measures for the prevention of landslides under paragraphs (1) through (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-3 (Formulation and Implementation of Annual Measures for Prevention of Landslides)
(1) The Minister of the Korea Forest Service shall formulate annual national measures for the prevention of landslides based on the long-term national plan for the prevention of landslides under Article 45-2 (1).
(2) Where the Minister of the Korea Forest Service formulates annual national measures for the prevention of landslides pursuant to paragraph (1), he/she shall notify Mayors/Do Governors, the heads of regional forest offices and the heads of landslide-related institutions of such measures. The same shall also apply to any modification of the annual national measures for the prevention of landslides.
(3) The heads of local governments, the heads of regional forest offices and the heads of State forest offices (hereinafter referred to as "local landslide prevention institutions") shall formulate and implement annual local measures for the prevention of landslides in consideration of the characteristics of areas under their jurisdiction, based on annual national measures for the prevention of landslides under paragraph (1).
(4) Matters necessary for the formulation and modification of long-term national measures for the prevention of landslides and long-term local measures for the prevention of landslides under paragraphs (1) and (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-4 (Establishment and Operation of Landslide Prevention Support Center)
(1) For the systematic promotion of annual national measures for the prevention of landslides, the collection and dissemination of information on the probability of landslides, the prompt countermeasures, and the management of situation, etc. during the period of countermeasures against summertime disasters specified by the Central Disaster and Safety Measures Headquarters under Article 14 of the Framework Act on the Management of Disasters and Safety, the Minister of the Korea Forest Service shall establish and operate a landslide prevention support center under his/her jurisdiction.
(2) The Minister of the Korea Forest Service shall serve as the head of the landslide prevention support center.
(3) Matters necessary for the operation of the landslide prevention support center and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-5 (Establishment and Operation of Landslide Information System)
(1) The Minister of the Korea Forest Service shall construct and operate a landslide information system to ensure that anyone may gain information on landslides therefrom, such as information on the prediction of landslides, landslide maps, and prediction of the scope of landslide damage.
(2) The head of a local landslide prevention institution shall utilize the landslide information system under paragraph (1) for the prevention of landslides.
(3) Detailed matters, such as the extent of establishment of the landslide information system under paragraph (1) and procedures for the operation thereof, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-6 (Provision of Landslide Prediction Information, Issuance of Landslide Crisis Alerts, etc.)
(1) The Minister of the Korea Forest Service may provide information on the prediction of landslides to the heads of local landslide prevention institutions, etc., as prescribed by Presidential Decree.
(2) The Minister of the Korea Forest Service may issue a landslide crisis alert
pursuant to Article 38 (1) of the Framework Act on the Management of Disasters and Safety. <Newly Inserted by Act No. 15503, Mar. 20, 2018>
(3) Where a landslide breaks out or is likely to break out, the head of a local landslide prevention institution may take appropriate preventive measures, such as evacuation orders, mandatory evacuation, and restrictions on passage, by applying mutatis mutandis the provisions of Articles 40 through 43 of the Framework Act on the Management of Disasters and Safety, to residents of the relevant area or those who are in an area susceptible to a landslide, in consideration of information on the prediction of landslides provided pursuant to paragraph (1) or the landslide crisis alert issued pursuant to paragraph (2). <Amended by Act No. 15503, Mar. 20, 2018>
(4) The standards for issuing a landslide crisis alert pursuant to paragraph (2), measures to be taken, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15503, Mar. 20, 2018>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
SECTION 2 Landslide Prevention and Countermeasures
 Article 45-7 (Inspection of Areas Susceptible to Landslides)
(1) The Minister of the Korea Forest Service shall conduct a basic inspection of areas susceptible to landslides every five years throughout the whole country, and notify the heads of local landslide prevention institutions, etc. of the result thereof.
(2) The head of a local landslide prevention institution shall conduct an inspection of actual conditions of areas susceptible to landslides every five years according to the result of a basic inspection under paragraph (1).
(3) The details and methods of inspections under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-8 (Designation and Rescission of Landslide-Prone Areas)
(1) In order to protect people's lives and property, and forest resources from landslides, such as installing preventive facilities in areas susceptible to landslides, the heads of local landslide prevention institutions may designate landslide-prone areas, based on the findings of an inspection of actual conditions under Article 45-7 (2). In such cases, it shall be deliberated upon by the relevant committee for designation of landslide-prone area referred to in Article 45-9 and undergo the process of resident consensus gathering.
(2) Where the head of a local landslide prevention institution intends to designate a landslide-prone area pursuant to paragraph (1), he/she shall publicly announce the following matters with regard to the area to be designated, and inform the owners of the relevant land and the head of the competent Si/Gun/Gu thereof: <Amended by Act No. 11690, Mar. 23, 2013>
1. Grounds for the designation;
2. Location and area of the land to be designated;
3. Period within which objections can be raised against the designation;
4. Other matters determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(3) The owner of land or a person directly related to the relevant forest (hereinafter referred to as "interested person") may raise an objection against the designation of a landslide-prone area pursuant to paragraph (1) within the period for raising an objection referred to in paragraph (2), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The head of a local landslide prevention institution shall render a decision within 20 days from the date of receipt of an objection raised under paragraph (3), and inform the applicant of the result thereof without delay.
(5) If no objection under paragraph (3) is raised or an objection is deemed groundless, the head of a local landslide prevention institution shall designate and publicly announce the relevant area as a landslide-prone area, and notify the owners of the land, interested persons, and the head of the competent Si/Gun/Gu thereof: Provided, That where the addresses or whereabouts of the owners of the land and the interested persons are unknown, public announcement prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall be made in lieu thereof. The same shall also apply to any change to an area publicly announced. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The designation of a landslide-prone area shall become effective from the date of public announcement under paragraph (5).
(7) Where the purpose of designation of a landslide-prone area under paragraph (1) is accomplished, due to the implementation of a land erosion control project under Article 3 of the Erosion Control Work Act, etc., such as installing debris barriers, the head of a local landslide prevention institution may rescind such designation.
(8) Where the head of a local landslide prevention institution designates, publicly announces, or rescinds a landslide-prone area pursuant to paragraph (5) or (7), he/she shall report thereon to the Minister of the Korea Forest Service and the head of a relevant central administrative agency through the competent Mayor/Do Governor.
(9) The head of a local landslide prevention institution shall install warning signs in landslide-prone areas. <Newly Inserted by Act No. 13138, Feb. 3, 2015>
(10) No person shall relocate or destroy any warning sign installed under paragraph (9) without permission from the person who installed the sign. <Newly Inserted by Act No. 13138, Feb. 3, 2015>
(11) If the head of a local landslide prevention institution fails to designate an area as a landslide-prone area, although it is necessary to designate the area as a landslide-prone area under paragraph (1), the Minister of the Korea Forest Service or the relevant Mayor/Do Governor may request the head of the local landslide prevention institution to designate and publicly announce such area as a landslide-prone area. In such cases, the head of the local landslide prevention institution shall comply with such request, except in exceptional circumstances. <Amended by Act No. 13138, Feb. 3, 2015>
(12) Other matters necessary for the designation and public announcement of landslide-prone areas, the installation of warning signs, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13138, Feb. 3, 2015>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-9 (Committees for Designation of Areas Vulnerable to Landslides)
(1) In order to deliberate on the designation of areas vulnerable to landslides under Article 45-8, the head of a regional forest office shall constitute and operate a committee for the designation of areas vulnerable to landslides under his/her jurisdiction, as prescribed by Presidential Decree.
(2) In order to deliberate on the designation of areas vulnerable to landslides under Article 45-8, the head of a local government may constitute and operate a committee for the designation of areas vulnerable to landslides under his/her jurisdiction, according to municipal ordinance of the local government, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-10 (Restrictions of Acts, etc. in Areas Vulnerable to Landslides)
No one shall perform any of the following acts in areas vulnerable to landslides designated and publicly announced under Article 45-8 (5):
1. Damaging erosion control facilities as defined in subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act, such as debris barriers to prevent landslides, etc.;
2. Refusing or obstructing the installation or management of erosion control facilities as defined in subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act, such as debris barriers to prevent landslides, etc.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-11 (Management of Landslide-Prone Areas)
(1) The head of a local landslide prevention institution shall preferentially implement land erosion control projects under Articles 5 and 6 of the Erosion Control Work Act in order to prevent landslides in landslide-prone areas, implement on-site inspections of landslide-prone areas at least twice a year, and take necessary measures, such as emergency measures, repair, and reinforcement.
(2) If an on-site inspection implemented under paragraph (1) reveals any probability of a landslide, the head of a local landslide prevention institution may restrict or prohibit the owner of the land and interested persons from the use of relevant facilities, land, etc. or order them to take safety measures, such as repair, reinforcement, and removal, as prescribed by Presidential Decree.
(3) The owner of land and an interested person ordered to take safety measures pursuant to paragraph (2) shall implement such safety measures and notify the head of the competent local landslide prevention institution of the result thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where a person ordered to take safety measures pursuant to paragraph (2) fails to implement such order, the head of a local landslide prevention institution may take necessary safety measures in his/her place. In such cases, the Administrative Vicarious Execution Act shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-12 (Purchase or Exchange of Mountainous Districts in Areas Vulnerable to Landslides, etc.)
(1) Where necessary to accomplish the purpose of designation of an area vulnerable to landslides, the head of a local landslide prevention institution may purchase a mountainous district (including standing trees and bamboo; hereafter the same shall apply in this Article) in an area vulnerable to landslides or a mountainous district in the vicinity of an area vulnerable to landslides prescribed by Presidential Decree within budgetary limits after consultation with the owner of the mountainous district or at the request of the owner of the mountainous district, or exchange it with a national forest or public forest.
(2) The State Property Act, the State Forest Administration and Management Act and the Public Property and Commodity Management Act shall apply mutatis mutandis to the procedures of purchase or exchange of mountainous districts under paragraph (1) and other necessary matters.
(3) Where purchase or exchange of mountainous districts is intended pursuant to paragraph (1), the price of such purchase or exchange shall conform to the price calculated pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-13 (Education on Prevention of Landslides)
(1) In order to foster human resources specialized in the field of prevention of landslides, raise people's awareness of the prevention of landslides, and allow them to obtain knowledge on the prevention of landslides, the Minister of the Korea Forest Service shall formulate and implement an education plan for the prevention of landslides, including the following matters, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Objectives of education and direction-setting for the operation thereof;
2. Details and methods of education, persons to receive education, period of education, etc.
(2) The head of a local landslide prevention institution shall have its personnel in charge of the prevention of landslides receive education on prevention of landslides, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-14 (Reporting on Landslides)
(1) Any person who witnesses a landslide or perceives a sign of a landslide in a forest or a neighboring area shall report it, without delay, to the Korea Forest Service, a local landslide prevention institution, or a landslide-related institution.
(2) When the Korea Forest Service or a landslide-related institution receives a report on a landslide, it shall inform a local landslide prevention institution thereof, without delay.
(3) The competent local landslide prevention institution that receives a report on a landslide shall immediately check on the situation of the scene and take necessary action, such as emergency recovery, so that further damage may not be incurred.
(4) Necessary matters, such as reporting on the situation of landslides and damage reporting, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-15 (Establishment of Landslide Countermeasure Teams)
(1) The Minister of the Korea Forest Service and the head of a local landslide prevention institution shall establish a landslide countermeasure team comprised of public officials (including staff members assigned for special forest protection pursuant to the Arrangement of Staff Assigned for Special Forest Protection Act) who have received education prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and have it perform the following duties: <Amended by Act No. 11690, Mar. 23, 2013>
1. Prevention of landslides and countermeasures thereagainst;
2. Installation and management of erosion control facilities under subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act, such as debris barriers, for the prevention of landslides;
3. Matters concerning the designation and management of areas vulnerable to landslides;
4. Constitution and operation of a prevention team at the scene of landslides under paragraph (2);
5. Collection and transmission of basic information for the formulation of landslide prevention measures;
6. Education of residents and public relations on the prevention of landslides and countermeasures thereagainst.
(2) For the prevention of landslides and countermeasures thereagainst, the head of a local landslide prevention institution may constitute and operate a prevention team at the scene of landslides, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
SECTION 3 Recovery, etc. of Areas where Landslides Occurred
 Article 45-16 (Recovery of Areas where Landslides Occurred)
The Minister of the Korea Forest Service or the head of a local landslide prevention institution shall recover an area where a landslide has occurred, or formulate and implement a forest restoration plan, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-17 (Evaluation and Analysis of Countermeasures against Landslides)
(1) The Minister of the Korea Forest Service shall evaluate and analyze problems in countermeasures against landslides of an area where a landslide has occurred, plans for improvement, etc. as prescribed by Presidential Decree, reflect the results in the annual national plan for the prevention of landslides for the following year, and may notify the heads of local landslide prevention institutions of the results.
(2) The head of a local landslide prevention institution who has been notified of the results of evaluation and analysis pursuant to paragraph (1) shall reflect the results in the annual local landslide prevention plan for the following year considering the characteristics of the relevant area.
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
 Article 45-18 (Requests, etc. for Reprimand concerning Prevention of Landslides)
(1) Where public officials or employees of a local landslide prevention institution or a landslide-related institution fail to comply with directions or are negligent of assigned duties when duties regarding prevention of landslides or recovery therefrom are performed, the Minister of the Korea Forest Service or the head of a local landslide prevention institution may notify the head of such institution of the list of such public officials or employees of the local landslide prevention institution or landslide-related institution, together with evidentiary data.
(2) The head of a relevant institution notified pursuant to paragraph (1) shall take appropriate measures, such as reprimanding relevant public officials or employees, and inform the Minister of the Korea Forest Service or the head of a local landslide prevention institution of the result thereof.
(3) Except as otherwise provided in this Act, Article 77 of the Framework Act on the Management of Disasters and Safety shall apply mutatis mutandis to requests for reprimand under paragraph (1).
[This Article Newly Inserted by Act No. 11351, Feb. 22, 2012]
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 46 (Commissioning of Voluntary Forest Instructor, etc.)
(1) The Minister of the Korea Forest Service, each Mayor/Do Governor, the head of each Si/Gun/Gu, or the head of each State forest office (hereafter referred to as the "commissioning authority" in this Article) may commission any of the following persons as an instructor who carries out work for inspiring people to love forests and promoting activities for forest conservation (hereinafter referred to as "voluntary forest instructor"): <Amended by Act No. 11690, Mar. 23, 2013>
1. A forester;
2. A member of an organization related to forestry or environment;
3. A member of a legal entity incorporated with permission of the Minister of the Korea Forest Service;
4. A person who is considered necessary for inspiring people to love forests and promoting activities for forest conservation and who meets requirements specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(2) Each voluntary forest instructor shall carry out the following missions:
1. Prevention of forest fires, protection of forests from destruction, cleanup of forests, and other activities for forest conservation;
2. Public relations activities and guidance for citizens regarding forest conservation.
(3) The commissioning authority shall dismiss a voluntary forest instructor, if a sentence imposed upon the instructor to punish him/her by a fine or heavier punishment for a violation of an Act or regulation governing forestry becomes final and conclusive.
(4) Matters necessary for commissioning and operation of voluntary forest instructors and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 47 (Purchase of Forest Disaster Insurance, etc.)
The Minister of the Korea Forest Service may recommend forest owners to purchase forest disaster insurance (including forest mutual aid under the Forestry Cooperatives Act) to cover damage that forest owners may sustain due to a forest fire.
 Article 48 (Rewards)
The Minister of the Korea Forest Service, the head of a local government, or the head of a regional forest office may grant a prize or monetary reward to any of the following persons, institutions, and organizations, as prescribed by Presidential Decree: <Amended by Act No. 11351, Feb. 22, 2012; Act No. 12732, Jun. 3, 2014>
1. A person who reports, or makes an accusation regarding, any of the following persons to a forest administrative office or an investigative agency:
(a) A person who violates Article 9 (1) or Article 9 (2) 1 or 2 (including cases applied mutatis mutandis under Article 13 (2));
(b) A person who violates Article 18-3 (1) or (2);
2. A person who reports damage or suspected damage by a forest disease or pest;
3. A person, institution, or organization who contributes to preventing forest fire, reporting an outbreak of forest fire, or reporting or apprehending a criminal involved in forest fire;
4. A person who reports damage from a landslide or suspected landslide.
 Article 48-2 (Fees)
(1) Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs:
1. A person who intends to take a qualifying examination for tree doctors under Article 21-4 (1);
2. A person who intends to be issued or reissued with a certificate of qualification for tree doctors, etc. under Article 21-6.
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 48-3 (Hearings)
Where the Minister of the Korea Forest Service or a Mayor/Do Governor intends to take any of the following dispositions, he/she shall hold a hearing:
1. Revoking or suspending the qualification of a tree doctor, etc. under Article 21-6 (6);
2. Revoking the designation of a training institution for tree doctors, etc., or issuing a corrective order, under Article 21-7 (2);
3. Revoking registration of a tree hospital or suspending its business under Article 21-10 (1).
[This Article Newly Inserted by Act No. 14519, Dec. 27, 2016]
 Article 49 (Access to Another's Land, etc.)
(1) The Minister of the Korea Forest Service, the head of an agency responsible for preventive observations and control measures, or the head of a local agency responsible for control of forest fires may, if necessary for preventive observations of and control measures against forest diseases and pests, prevention of forest fires, or examination of levels of health and vitality of forests, authorize a public official in charge or a person who conducts preventive observations of and control measures against forest diseases and pests, prevention of forest fires, or examination of levels of health and vitality of forests to enter or temporarily use another's land or a building or an artificial structure fixed thereon or, if inevitable, relocate or remove plants or other things.
(2) As to access to land, Article 47 (2) through (5) and Article 48 of the Management of Mountainous Districts Act shall apply mutatis mutandis in addition to paragraph (1).
 Article 50 (Operation of Forest Aircraft)
(1) The Minister of the Korea Forest Service shall operate forest aircraft for prevention and extinguishing of forest fires, preventive observations of and control measures against forest diseases and pests, and other forestry projects specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the operation of forest aircraft under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 51 (Succession to Rights and Obligations)
(1) A disposition made to a forest owner or a landowner whose land is not a forest pursuant to this Act or an order issued pursuant to this Act shall remain effective for his/her successor.
(2) An application, report, or other act filed, made, or conducted by a forest owner or a landowner whose land is not a forest pursuant to this Act or an order issued pursuant to this Act shall remain effective for his/her successor.
 Article 52 (Delegation and Entrustment of Authority, etc.)
(1) The Minister of the Korea Forest Service may partially delegate his/her authority under this Act to the head of an affiliated agency or the head of a local government, as prescribed by Presidential Decree.
(2) Each Mayor/Do Governor may partially delegate his/her authority under this Act to the head of each Si/Gun/Gu (including the head of each administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), as prescribed by Presidential Decree.
(3) The head of a regional forest office may partially delegate his/her authority under this Act to the head of each State forest office, as prescribed by Presidential Decree.
(4) The Minister of the Korea Forest Service, the head of a local government, the head of a regional forest office, or the head of a State forest office may entrust some of his/her business affairs under this Act to an appropriate institution or organization, as prescribed by Presidential Decree. <Amended by Act No. 15503, Mar. 20, 2018>
CHAPTER VII PENALTY PROVISIONS
 Article 53 (Penalty Provisions)
(1) A person who sets fire to a forest conservation zone or a protected tree, shall be punished by imprisonment with prison labor for at least seven years, but not exceeding 15 years. <Amended by Act No. 14519, Dec. 27, 2016>
(2) A person who sets fire to another's forest, shall be punished by imprisonment with prison labor for at least five years, but not exceeding 15 years. <Newly Inserted by Act No. 14519, Dec. 27, 2016>
(3) A person who sets fire to his/her own forest, shall be punished by imprisonment with prison labor for at least one year, but not exceeding ten years. <Amended by Act No. 14519, Dec. 27, 2016>
(4) In cases falling under paragraph (3), a person who inflicts damage on another's forest by causing a fire to spread to such another person's forest, shall be punished by imprisonment with prison labor for at least two years, but not exceeding ten years. <Amended by Act No. 14519, Dec. 27, 2016>
(5) A person who burns another's forest by negligence or who jeopardizes the general public by burning his/her own forest by negligence, shall be punished by imprisonment with prison labor for not exceeding three years or by a fine not exceeding 30 million won. <Amended by Act No. 14519, Dec. 27, 2016>
(6) An attempt to commit a crime referred to in paragraphs (1) through (3) shall be punished. <Amended by Act No. 14519, Dec. 27, 2016>
 Article 54 (Penalty Provisions)
(1) Any person who steals a protected tree or product from a forest conservation zone shall be punished by imprisonment with prison labor for at least one year, but not exceeding ten years.
(2) Any of the following persons shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 10846, Jul. 14, 2011; Act No. 12732, Jun. 3, 2014; Act No. 14519, Dec. 27, 2016>
1. A person who thins standing trees or bamboos, mines or collects forestry products, or damages or withers any standing tree, bamboo, or forestry products, in violation of Article 9 (1) (including cases applied mutatis mutandis under Article 13 (2)); grazes livestock; or changes the form or quality of land prescribed by Presidential Decree;
2. A person who cuts standing trees or bamboo, thins or extracts a forestry product, grazes livestock, or otherwise changes the form or quality of any land specified by Presidential Decree, without permission under Article 9 (2) 1 (including cases applied mutatis mutandis under Article 13 (2));
3. A person who thins, mines, collects, damages, or withers a protected species or destroys any habitat thereof, in violation of Article 18-3 (1) or (2);
4. A person who damages erosion control facilities, or rejects or hinders the installation or management of erosion control facilities, in a landslide-prone area, in violation of Article 45-10.
(3) A person who fails to comply with an order issued under Article 24 (3) 2 shall be punished by a fine not exceeding ten million won. <Amended by Act No. 11351, Feb. 22, 2012>
(4) Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 11351, Feb. 22, 2012; Act No. 14519, Dec. 27, 2016>
1. A person who treats trees without acquiring the qualification of a tree doctor, etc., under Article 21-4 (1) or (3);
2. A tree doctor, etc. who works for at least two tree hospitals simultaneously, in violation of Article 21-4 (4);
3. A person who uses the name “tree doctor”, etc. or any other similar name, in violation of Article 21-4 (5);
4. A person who borrows from, or lends to, another person his/her certificate of qualification for tree doctors, etc., or engages in brokering such activities, in violation of Article 21-6 (4);
5. A tree doctor, etc. who treats trees during the period of suspension of qualification referred to in Article 21-6 (6);
6. A person who treats trees without registering the relevant tree hospital, in violation of Article 21-9 (4);
7. A person who lends the registration certificate of a tree hospital to another person, in violation of Article 21-9 (5);
8. A person who fails to comply with an order issued pursuant to Article 24 (3) 1, 3, or 4;
9. A person who violates Article 26 (3) in the course of planning or supervision.
(5) A person who violates paragraph (2) may be punished by penal detention or a minor fine, depending upon extenuating circumstances, if the damage caused by the violation is less than 100,000 won at the place of origin.
(6) A person who habitually commits a crime specified in paragraph (2) shall be punished by imprisonment with prison labor for not exceeding ten years.
(7) An attempt to commit a crime specified in paragraph (1) shall be punished.
 Article 54-2 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who acquires the qualification of a tree doctor, etc. by fraud or other unlawful means, in violation of Article 21-4 (1) or (3);
2. A person designated as a training institution for tree doctors, etc. pursuant to Article 21-7 (1), by fraud or other unlawful means;
3. A person who registers a tree hospital pursuant to Article 21-9 (1), by fraud or other unlawful means.
[This Article Wholly Amended by Act No. 14519, Dec. 27, 2016]
 Article 55 (Confiscation and Additional Collection)
(1) Forestry products related to a crime under Article 54 (1) or (2) shall be confiscated: Provided, That forestry products from a crime under Article 54 (1) shall be returned to the victims or disposed of and the price therefrom shall be paid, as prescribed by Presidential Decree.
(2) If it is impossible to confiscate forestry products under paragraph (1), their value shall be additionally collected.
 Article 56 (Joint Penalty Provisions)
If the representative of a corporation or an agent, employee, or other servant of a corporation or private individual commits an offense under any provision of Article 54 (2) through (5) in relation to the duties of the corporation or private individual, not only shall such offender be punished accordingly, but the corporation or private individual also shall be punished by the fine or the minor fine prescribed in the same provision, while any of the aforesaid persons commits an offense under Article 54 (6), not only shall such offender be punished accordingly, but the corporation or private individual also shall be punished by a fine not exceeding 20 million won: Provided, That the foregoing shall not apply where the corporation or private individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 57 (Administrative Fines)
(1) Any person who thins trees for forest care, thins standing trees or bamboo in the manner specified by Presidential Decree, or extracts or gathers forest products, without reporting thereon under Article 9 (2) 2, shall be punished by an administrative fine not exceeding five million won.
(2) Any person who relocates or destroys a warning sign, in violation of Article 45-8 (10), shall be punished by an administrative fine not exceeding two million won. <Newly Inserted by Act No. 13138, Feb. 3, 2015>
(3) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 13138, Feb. 3, 2015>
1. A person who dumps sewage or waste in a forest, in violation of subparagraph 1 of Article 16;
2. A person who makes a fire in a forest or in an area near a forest or carries a fire thereinto, in violation of Article 34 (1) 1 (excluding those who have obtained permission under paragraph (2) of the aforesaid Article).
(4) Any of the following persons shall be punished by an administrative fine not exceeding 300,000 won: <Amended by Act No. 13138, Feb. 3, 2015>
1. A person who smokes a cigarette or who discards a lit cigarette butt in a forest, in violation of Article 34 (1) 2;
2. A person who sets a fire without giving notice to the owner, tenant, or caretaker of a neighboring forest, in violation of Article 34 (3);
3. A person who enters a forest, carrying a burner, combustible substance, or inflammable substance, in violation of a prohibition order issued under Article 34 (4).
(5) Any of the following persons shall be punished by an administrative fine not exceeding 200,000 won: <Amended by Act No. 13138, Feb. 3, 2015; Act No. 15503, Mar. 20, 2018>
1. A person who enters a restricted zone in a mountain (including persons who pass through the zone by vehicle) without permission under Article 15 (3);
2. A person who moves at will, defaces, or destroys a sign installed by a forest administrative office, in violation of subparagraph 2 of Article 16.
(6) Administrative fines prescribed in paragraphs (1) through (5) shall be imposed and collected by the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a regional forest office, or the head of a State forest office, as prescribed by Presidential Decree. <Amended by Act No. 13138, Feb. 3, 2015>
ADDENDA
Article 1 (Enforcement Decree)
This Act shall enter into force nine months after the date of its promulgation: Provided, That Article 7 (34) of the Addenda shall enter into force on March 26, 2010.
Article 2 (Applicability concerning Planning and Supervision of Pest Control Projects)
Article 26 shall apply to pest control projects implemented after this Act enters into force.
Article 3 (Transitional Measures concerning Dispositions, etc. under the Creation and Management of Forest Resources Act)
(1) Dispositions, etc. made pursuant to the former Creation and Management of Forest Resources Act, as described in the left column of the following table, as at the time this Act enters into force shall be deemed dispositions, etc. made pursuant to this Act, as described in the right column of the same table:
Dispositions, etc. under the former Creation and Management of Forest Resources ActDispositions, etc. under this Act
1. A protected tree designated and publicly notified pursuant to Article 47 (1) 31. A protected tree designated and publicly notified pursuant to Article 13
2. A caretaker designated pursuant to Article 47 (2)2. A caretaker designated pursuant to Article 10 (1)
3. A forest cleanup and conservation zone designated pursuant to Article 493. A forest cleanup zone designated pursuant to Article 14
4. A restricted zone designated pursuant to Article 574. A restricted zone designated pursuant to Article 15
(2) A disposition, a report, or other act made or conducted to an administrative agency pursuant to the former Creation and Management of Forest Resources Act as at the time this Act enters into force shall be deemed a disposition, a report, or other act made or conducted to the administrative agency pursuant to this Act.
Article 4 (Transitional Measures concerning Designation of Reserved Forest, etc.)
Reserved forests and gene resources protection forests that fall within the left column of the following table, among reserved forests and gene resources protection forests designated pursuant to the former Creation and Management of Forest Resources Act as at the time this Act enters into force shall be deemed zones designated and publicly notified as those in the right column of the same table, among forest conservation zones under Articles 7 and 8. In such cases, a forest designated as a reserved forest and a gene resources protection forest at the same time pursuant to the former Creation and Management of Forest Resources Act shall be deemed a forest designated and publicly notified as a conservation zone for forest gene resources in the right column of the same table:
Reserved forests and gene resources protection forests designated and publicly notified pursuant to the former Creation and Management of Forest Resources ActForest conservation zones designated and publicly notified pursuant to this Act
1. Reserved forests designated for the prevention of erosion and collapse of soil, rocks, or sand or the attraction and proliferation of fishes1. Conservation zones for disaster prevention
2. Reserved forests designated for conservation, maintenance, and improvement of the living environment2. Conservation zones for the living environment
3. Reserved forests designated for the development of water resources3. Conservation zones for development of water resources
4.Reserved forests designated for the preservation of places of interest, historic sites, or scenic views4. Conservation zones for scenic views
5. Forest gene resources protection forests5. Conservation zones for forest gene resources
Article 5 (Transitional Measures concerning Ecological Woods)
Ecological woods already developed or under development pursuant to Article 42 of the former Creation and Management of Forest Resources Act as at the time this Act enters into force shall be deemed ecological woods designated pursuant to Article 18 (1).
Article 6 (Transitional Measures concerning Penalty Provisions and Fines for Negligence)
In applying penal provisions or imposing fines for negligence, offenses committed before this Act enters into force shall be governed by the former Creation and Management of Forest Resources Act.
Article 7 Omitted.
Article 8 (Relationships with other Acts)
A citation of the former Forest Resources Creation and Management Act or any provision thereof by any other Act in force as at the time this Act enters into force shall be deemed a citation of this Act or a corresponding provision of this Act in lieu of the former Forest Resources Creation and Management Act, if such corresponding provision exists in this Act.
ADDENDA <Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 10846, Jul. 14, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11351, Feb. 22, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12053, Aug. 13, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12732, Jun. 3, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13138, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13406, Jul. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14519, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation: Provided, That the amended provisions of Article 11-2 shall enter into force on the date of its promulgation; and the amended provisions of Articles 8 (1), 34 (2), and 53 shall enter into force six months after the date of its promulgation.
Article 2 (Special Exceptions to Revocation of Designation of Forest Genetic Resources Protection Zones)
(1) A person whose mining rights (excluding exploring rights) are registered under Article 38 of the Mining Industry Act (hereinafter referred to as "mining right holder") for any area within the relevant forest before a forest genetic resources protection zone is designated in such forest pursuant to Article 7 (1) 5, may file an application for revocation of the designation of the forest genetic resources protection zone with the Minister of the Korea Forest Service or the competent Mayor/Do Governor (hereinafter referred to as "designating authority"), within one year from the date three months have elapsed since the promulgation of this Act, if necessary to perform extracting activities specified in such mining rights.
(2) When a mining right holder files an application for revocation of the designation of a forest genetic resources protection zone pursuant to paragraph (1), he/she shall attach the following documents to the application; and where it is necessary to supplement or additionally supplement any document, any designating authority may require the mining right holder to supplement the document within a period not exceeding six months from the application date, and the mining right holder shall submit a supplemented document within such period:
1. A copy of a document verifying the relevant mining rights;
2. A map on a scale of at least 1:6,000, which includes a plan for facilities, such as a pithead, mineral separation and processing facility and access road, and which indicates an area for which the application for revocation of the designation of the forest genetic resources protection zone has been filed; or any numerical map fulfilling similar functions;
3. A schedule which states various types of authorization and permission required for extracting activities after revocation of the designation of the forest genetic resources protection zone; a construction schedule for the facilities; and the date scheduled to commence the extracting activities.
(3) Where a mining right holder applies for revocation of the designation of a forest genetic resources protection zone pursuant to paragraph (1), any designating authority may revoke its designation for an area of up to 20,000 square meters in a forest which is deemed necessary for extracting activities, installation of appurtenant facilities, etc.
(4) Where a forest genetic resources protection zone, the designation of which has been revoked pursuant to paragraph (3), falls under any of the following cases, any designating authority may withdraw the revocation of its designation and then re-designate it as a forest genetic resources protection zone:
1. Where extracting activities do not commence within three years from the date the designation of the forest genetic resources protection zone has been revoked;
2. Where no extracting activities are performed for at least three consecutive months during a period of three years after the commencement of extracting activities;
3. Where the forest genetic resources protection zone is used for other than its original purpose at the time of revocation of its designation, such as extracting minerals or installing appurtenant facilities.
(5) Where any designating authority re-designates a forest genetic resources protection zone pursuant to paragraph (4), he/she shall publicly notify the following matters; and shall inform the landowners, the head of the competent Si/Gun/Gu, and the relevant mining right holder of such fact; and in such cases, the period for raising an objection shall not be set:
1. Grounds for the re-designation of the forest genetic resources protection zone;
2. Division of the zone;
3. Location and area of the land subject to re-designation;
4. Base date of re-designation.
Article 3 (Transitional Measures concerning Tree Protection Engineers, etc.)
Any person who has acquired the qualification of a tree protection engineer under Article 17 of the Framework Act on Qualifications or that of a plant protection engineer or industrial engineer under the National Technical Qualifications Act, and served, for at least one year, as the representative or an employee of any corporation registered as a forest project corporation under Article 24 of the Creation and Management of Forest Resources Act which engages in diagnosis of damage to trees and prescriptions and treatment for such damage, as at the time this Act enters into force, shall be deemed to have acquired the qualification of a tree doctor under the amended provisions of Article 21-4 (1), until five years after this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15394, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15503, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on June 28, 2018.
Article 2 (Applicability to Permission, Reporting, etc. within Forest Conservation Zones, etc.)
(1) The amended provisions of Article 9 (3) and (4) (including where the provisions are applied mutatis mutandis pursuant to Article 13 (2)) shall begin to apply from the first application for permission or the first report filed to conduct such activities as thinning out standing trees within a forest conservation zone after this Act enters into force.
(2) The amended provisions of Article 15 (4) and (5) shall begin to apply from the first application for permission filed to enter a restricted zone in a mountain after this Act enters into force.