ENFORCEMENT DECREE OF THE ACT ON THE SUSTAINABLE USE OF TIMBERS
Presidential Decree No. 24539, May 22, 2013
Amended by Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26629, Nov. 11, 2015
Presidential Decree No. 27056, Mar. 25, 2016
Presidential Decree No. 27403, Jul. 28, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28063, May 29, 2017
Presidential Decree No. 28311, Sep. 19, 2017
Presidential Decree No. 28691, Mar. 6, 2018
Presidential Decree No. 28919, May 28, 2018
Presidential Decree No. 29108, Aug. 21, 2018
Presidential Decree No. 29310, Nov. 27, 2018
Presidential Decree No. 29424, Dec. 24, 2018
| Article 2 (Percentage, etc. of Timber in Timber Products) |
| (2) | "Rate not less than that prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means 60 percent. |
| (3) | Detailed methods of calculating the percentages specified in paragraphs (1) and (2) shall be prescribed and publicly notified by the Minister of the Korea Forest Service. |
| Article 3 (Insignificant Modifications of Comprehensive Plans) |
“Where any change is made to insignificant matters prescribed by Presidential Decree" in the proviso to Article 6 (3) of the Act means any of the following: | 1. | Where the time for implementing any project specified in a comprehensive plan for sustainable use of timber formulated pursuant to Article 6 (1) of the Act (hereinafter referred to as "comprehensive plan") is changed within the period for formulating and implementing the comprehensive plan; |
| 2. | Where the quantity specified in a short- and long-term plan for the supply of and demand for timber and timber products provided for in Article 6 (2) 3 of the Act is changed within the limit of 10/100; |
| 3. | Where the amount of investment specified in a mid- and long-term investment plan to nurture the timber market and timber industry provided for in Article 6 (2) 4 of the Act is changed within the limit of 10/100; |
| 4. | Where any change is made to reflect in a comprehensive plan the findings of an annual survey on statistics and actual conditions conducted pursuant to Article 8 (1) of the Act (hereinafter referred to as "survey on statistics and actual conditions"). |
| Article 4 (Scope and Method of Surveys on Statistics and Actual Conditions) |
| (1) | The scope of a survey on statistics and actual conditions shall be as follows: <Amended by Presidential Decree No. 28063, May 29, 2017> |
| 1. | The status of timber products produced, distributed, and consumed as well as price trends of such products; |
| 8. | Any other matters the Minister of the Korea Forest Service deems necessary. |
| (2) | A survey on statistics and actual conditions shall be conducted regularly every year; but may be conducted irregularly if an additional survey is required due to rapid changes, etc. in the timber market. |
| (3) | A survey on statistics and actual conditions shall be conducted in the form of an on-the-spot survey, but may be conducted along with an indirect survey based on documents, etc. |
| Article 5 (Composition of Committee on Use of Timber) |
| (1) | The Vice Minister of the Korea Forest Service shall serve as the Chairperson of the Committee on Sustainable Use of Timber established pursuant to Article 9 (1) of the Act (hereinafter referred to as the "Committee on Use of Timber"), and the Vice Chairperson of the Committee shall be elected from among its members. |
| (2) | Members of the Committee on Use of Timber shall be appointed or commissioned by the Minister of the Korea Forest Service from among the following persons: |
| 1. | A person recommended by the head of the relevant agency from among public officials in the Senior Executive Service or public officials of Grade III or higher who belong to the Ministry of Land, Infrastructure and Transport, the Korea Customs Service, the Cultural Heritage Administration, or to the Korea Forest Service; |
| 2. | A person recommended by the head of the relevant corporation or organization from among executive officers and employees of any of the following corporations or organizations: |
| (a) | The Timber Culture Promotion Association established pursuant to Article 16 (1) of the Act (hereinafter referred to as the "Timber Culture Promotion Association"); |
| (b) | Deleted; <by Presidential Decree No. 27403, Jul. 28, 2016> |
| (c) | The National Forestry Cooperative Federation defined in subparagraph 4 of Article 2 of the Forestry Cooperatives Act (hereinafter referred to as the "National Forestry Cooperative Federation"); |
| 3. | Any of the following persons with extensive knowledge and experience on the timber industry or use of timber: |
| (a) | A person who is currently holding or once held an assistant professorship or a higher position at any school defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act; |
| (b) | A person who has at least ten years of experience in any relevant field. |
| (3) | The term of office of a member provided for in paragraph (2) 2 or 3 among members of the Committee on Use of Timber shall be two years: Provided That, the term of office of any member filling a vacancy shall be the remainder of his/her predecessor's term of office. |
| Article 6 (Operation of Committee on Use of Timber) |
| (1) | The Chairperson of the Committee on Use of Timber shall represent the Committee on Use of Timber and exercise overall control of its affairs. |
| (2) | Where the Chairperson of the Committee on Use of Timber is unable to perform his/her duties due to extenuating circumstances, the Vice Chairperson and a member designated in advance by the Chairperson shall act for the Chairperson in such order. |
| (3) | The Chairperson of the Committee on Use of Timber shall convene and preside over the meetings of the Committee. |
| (4) | Meetings of the Committee on Use of Timber shall commence with the attendance of a majority of all incumbent members, and resolutions shall be adopted with a consent of a majority of the members present. |
| (5) | Where deemed necessary for deliberations, the Chairperson of the Committee on Use of Timber may request relevant persons or experts in any relevant field to attend any of its meetings to hear their opinions. |
| (6) | The Committee on Use of Timber shall have one secretary to conduct its affairs, who shall be appointed by the Chairperson from among public officials of the Korea Forest Service. |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for operating the Committee on Use of Timber shall be determined by the Chairperson by a resolution of the Committee on Use of Timber. |
| Article 7 (Subcommittees) |
| (1) | Subcommittees shall be established in the Committee on Use of Timber, which perform the duties classified as follows: |
| 1. | Subcommittee on promotion of use of timber: |
| (c) | Any other duties delegated by the Committee on Use of Timber; |
| 2. | Subcommittee on competitiveness of timber industry: |
| (c) | Examining the criteria for standard dimensions and quality of timber products specified in Article 20 of the Act; |
| (d) | Any other duties delegated by the Committee on Use of Timber. |
| (2) | Where deemed necessary for efficient conduct of affairs, the Chairperson of the Committee on Use of Timber may adjust the duties assigned to each subcommittee by a resolution of the Committee on Use of Timber, notwithstanding paragraph (1). |
| (3) | Each subcommittee shall be comprised of not more than ten members, including one chairperson. |
| (4) | The Vice Minister of the Korea Forest Service shall serve as the chairperson of each subcommittee; and members of each subcommittee shall be appointed by the Chairperson of the Committee on Use of Timber from among members of the Committee on Use of Timber, but no civilian member of the Committee on Use of Timber shall be redundantly appointed as a member of any subcommittee. |
| (5) | Meetings of each subcommittee shall commence with the attendance of a majority of all incumbent members, and resolutions shall be adopted with a consent of a majority of the members present. |
| Article 8 (Disqualification of, Challenge to, and Refrainment by Members of Committee on Use of Timber) |
| (1) | Any member of the Committee on Use of Timber shall be excluded from deliberations and decisions on the relevant agenda item if: |
| 1. | The member or a person who is or was his/her relative under Article 777 of the Civil Act is a party (including executive officers, if the party is a corporation or organization; hereinafter the same shall apply in this Article) to the agenda item or is a joint right holder or obligor with a party to the agenda item; |
| 2. | The member (including the relevant corporation or organization if the member belongs to the corporation or organization; hereinafter the same shall apply in this Article) is or was an agent of a party to the agenda item; |
| 3. | The member has or had an employment relationship with a party to the agenda item within the last three years; |
| 4. | The member has provided advice or service or conducted research or an appraisal in relation to the agenda item. |
| (2) | Where the circumstances indicate that it would be impracticable to expect fair deliberations and decisions from a member of the Committee on Use of Timber, a party to the relevant agenda item may file a request for a challenge to such member with the Committee on Use of Timber, and the Committee shall make a decision on such request by resolution. In such cases, the challenged member shall abstain from such resolution. |
| (3) | Where a member of the Committee on Use of Timber constitutes grounds for exclusion specified in any subparagraph of paragraph (1), he/she shall personally refrain from deliberations or decisions on the relevant agenda item. |
| Article 9 (Dismissal, etc. of Members of Committee on Use of Timber) |
The Minister of the Korea Forest Service may dismiss a member of the Committee on Use of Timber or revoke his/her appointment if:
| 1. | The member becomes unable to perform his/her duties due to his/her mental or physical disorder; |
| 2. | The member is deemed unfit as a member due to neglecting his/her duties, losing dignity, or other reasons; |
| 3. | The member fails to refrain from relevant deliberations or decisions though he/she falls under any subparagraph of Article 8 (1). |
| Article 10 (Expert Members) |
| (1) | The Committee on Use of Timber shall have not more than five part-time expert members. |
| (2) | Expert members shall be commissioned by the Chairperson of the Committee on Use of Timber from among persons with extensive knowledge and experience on the timber industry or any field using timber. |
| (3) | Expert members shall perform the following duties in connection with professional surveys and research on the affairs of the Committee on Use of Timber: |
| 1. | Reviewing agenda items of the Committee on Use of Timber and subcommittees; |
| 2. | Reviewing measures to implement matters on which resolutions have been adopted by the Committee on Use of Timber or by subcommittees; |
| 3. | Collecting data relating to the affairs of the Committee on Use of Timber and subcommittees; |
| 4. | Conducting any other surveys and research on matters requested by the Committee on Use of Timber and subcommittees. |
| (4) | The term of office of each expert member shall be two years. |
| (5) | Where an expert member falls under subparagraph 1 or 2 of Article 9, the Chairperson of the Committee on Use of Timber may revoke the appointment of such expert. |
| Article 10-2 (Entrusting Management of Timber Culture Experience Centers) |
| (1) | The Minister of the Korea Forest Service and the head of a local government may entrust the management of a timber culture experience center to any of the following corporations or organizations pursuant to Article 10 (4) of the Act: |
| 1. | The Timber Culture Promotion Association; |
| 2. | The National Forestry Cooperative Federation or a cooperative defined in subparagraph 1 of Article 2 of the Forestry Cooperatives Act; |
| 3. | Any other institution recognized and publicly notified by the Minister of the Korea Forest Service or the head of the relevant local government as having expertise in efficiently managing timber culture experience centers. |
| (2) | Upon entrusting the management of a timber culture experience center pursuant to paragraph (1), the Minister of the Korea Forest Service or the head of the relevant local government shall publicly notify the name of an entrusted corporation, organization, etc., details of entrusted business, etc. on the website of the Korea Forest Service or the local government. |
[This Article Newly Inserted by Presidential Decree No. 28311, Sep. 19, 2017]
| Article 11 (Measurement and Publising of Timber Culture Index) |
| (1) | The timber culture indices provided for in Article 11 of the Act shall be measured by determining detailed items of examination and the weight for each individual item based on the following matters and by compiling and aggregating data collected through relevant statistical surveys, surveys by questionnaire, etc.: |
| 1. | The level of infrastructure for the use of timber established; |
| 2. | The degree of the use of timber facilitated; |
| 3. | The degree of recognition of timber culture; |
| 4. | Any other matters the Minister of the Korea Forest Service deems necessary. |
| (2) | The Minister of the Korea Forest Service, the Special Metropolitan City Mayor, a Special Self-Governing City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall publish timber culture indices measured pursuant to Article 11 of the Act in a general daily newspaper or general weekly newspaper defined in subparagraph 1 (a) or (c) of Article 2 of the Act on the Promotion of Newspapers, Etc., which is mainly circulated nationwide, on an online newspaper defined in subparagraph 2 of Article 2 of the same Act, or on the website of the relevant agency for at least one week. |
| Article 12 (Criteria for Certification and Authorization) |
The criteria for certification and authorization provided for in Article 14 (2) of the Act shall be as specified in attached Table 1.
| Article 13 Deleted. <by Presidential Decree No. 28063, May 29, 2017> |
| Article 14 (Indication and Measurement of Amount of Carbon Storage) |
| 3. | Fire retardant treated wood; |
| 4. | Wood plastic composites; |
| 9. | Oriented strand boards; |
| 14. | Agglomerated wood charcoal; |
| (2) | "Timber specialized agency prescribed by Presidential Decree" in Article 15 (2) of the Act means any of the following agencies: |
| 1. | The Timber Culture Promotion Association; |
| 2. | The National Forestry Cooperative Federation; |
| 3. | The Korea Forestry Promotion Institute. |
| Article 15 (Timber Products subject to Safety Evaluation and Criteria for Safety Evaluation) |
| (1) | The safety evaluation of timber products provided for in Article 17 (1) of the Act (hereinafter referred to as "safety evaluation") shall be conducted for any of the following timber products among those specified in Article 14 (1): |
| 1. | A timber product the Minister of the Korea Forest Service deems likely to cause physical or chemical damage to people and the environment if produced, sold, or used; |
| 2. | A timber product with respect to which an application for safety evaluation has been filed, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (2) | The criteria for safety evaluation shall be as follows: |
| 1. | Appropriateness of the standard dimensions, dryness, strength, etc. of a timber product; |
| 2. | The degree of resistance to wood-rot fungi, harmful insects, ultraviolet rays, moisture, fire, etc. by a timber product; |
| 3. | Types and quantities of hazardous substances emitted from a timber product as well as the degree of impact thereof on human health and the environment. |
| (3) | The detailed evaluation items for the criteria for safety evaluation provided for in paragraph (2), details of evaluation, scoring, etc. shall be prescribed and publicly notified by the Minister of the Korea Forest Service. |
| Article 16 (Method, Procedures, etc. for Conducting Safety Evaluation) |
| (1) | A safety evaluation shall be conducted by gathering and analyzing samples of a timber product and then by examining whether the samples comply with the criteria provided for in Article 15 (2) and (3). |
| (2) | The Minister of the Korea Forest Service shall notify the producer or importer of the relevant timber product or the person who has filed an application under Article 15 (1) 2 (hereinafter referred to as "persons involved in the relevant timber product") of the results of a safety evaluation. |
| (3) | If any person involved in the relevant timber product is dissatisfied with the results of a safety evaluation, he/she shall submit a written objection to the Minister of the Korea Forest Service within 30 days after receipt of a notice under paragraph (2), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (4) | Upon receipt of a written objection under paragraph (3), the Minister of the Korea Forest Service shall re-conduct a safety evaluation of the relevant timber product within 30 days after receipt thereof; and notify the persons involved in the relevant timber product of the results of the safety evaluation, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (5) | The term of validity of a safety evaluation shall be three years from the date the results of the safety evaluation are notified pursuant to paragraph (2) or (4). |
| Article 17 (Standards, etc. for Designating Safe Timber Products and Hazardous Timber Products) |
| (1) | The Minister of the Korea Forest Service may designate a timber product as a safe timber product under Article 17 (3) of the Act if it obtains no less than the score prescribed and publicly notified by the Minister of the Korea Forest Service or as a hazardous timber product under Article 17 (4) of the Act if it obtains a score lower than that in a safety evaluation conducted in compliance with the scoring criteria provided for in Article 15 (3), subject to examination by the Committee on Use of Timber. |
| (2) | Upon designating a safe timber product or a hazardous timber product pursuant to paragraph (1), the Minister of the Korea Forest Service shall notify the producer or importer of the relevant timber product of such designation. |
| (3) | To issue an order to restrict the production or sale or to dispose of a hazardous timber product designated as such under paragraph (1), pursuant to Article 17 (4) of the Act, the Minister of the Korea Forest Service shall issue the producer or importer of the relevant timber product a written order stating the following matters: <Amended by Presidential Decree No. 28691, Mar. 6, 2018> |
| 1. | The timber product subject to the order; |
| 2. | Details of and grounds for the order; |
| 3. | The period for complying with the order. |
| (4) | A person in receipt of an order to dispose of a timber product under Article 17 (4) shall dispose of the relevant timber product in accordance with the standards and method for treatment specified in Article 13 of the Wastes Control Act. <Amended by Presidential Decree No. 28691, Mar. 6, 2018> |
| (5) | Upon expiration of the period for complying with an order provided for in paragraph (3), the Minister of the Korea Forest Service shall verify whether the relevant person has complied with the order. |
| Article 18 (Designation of New Technology for Timber Products) |
| (1) | "Technology which meets the criteria prescribed by Presidential Decree" in Article 18 (1) of the Act means any of the following technologies: |
| 1. | The first technology developed in the Republic of Korea, which is new, advanced, environmentally friendly, and applicable to the field; |
| 2. | Technology introduced from abroad and improved, which is new, advanced, environmentally friendly, and applicable to the field in the Republic of Korea; |
| (2) | Details about the designation of new technology for timber products under paragraph (1) shall be prescribed and publicly notified by the Minister of the Korea Forest Service. |
| Article 18-2 (Preferential Purchase) |
| (2) | “Certain ratio prescribed by Presidential Decree” in Article 19 (2) of the Act means the ratio specified in attached Table 1-2. |
[This Article Newly Inserted by Presidential Decree No. 28919, May 28, 2018]
| Article 18-3 (Import Declaration) |
"Timber or timber product prescribed by Presidential Decree" in Article 19-2 of the Act means log or any of the following timber products: | 3. | Fire retardant treated wood; |
[This Article Newly Inserted by Presidential Decree No. 28691, Mar. 6, 2018]
| Article 18-4 (Import Inspection) |
| (1) | "Inspection agency prescribed by Presidential Decree" in the former part of Article 19-3 (1) of the Act means any of the following: |
| 1. | The Korea Forestry Promotion Institute; |
| 2. | An agency designated and publicly notified by the Minister of the Korea Forest Service, from among the following agencies equipped with personnel, an organization, etc. necessary for inspecting documents verifying that the relevant timber has been produced (hereinafter referred to as "legally felled") in accordance with timber harvest-related statutes of the Republic of Korea or the country of origin: |
| (b) | A research institute. |
| (2) | Article 17 (3) through (5) shall apply mutatis mutandis to the methods, procedures, etc. for issuing an order for suspension of sale, return, or disposal prescribed in Article 19-3 (3) of the Act. In such cases, "hazardous timber product" in the main body of Article 17 (3) shall be construed as "timber or timber product which is not verified as having been legally felled"; and "producer or importer of the relevant timber product" as "importer of the relevant timber or timber products." |
[This Article Newly Inserted by Presidential Decree No. 28691, Mar. 6, 2018]
| Article 19 (Qualifications of Timber Grade Evaluators) |
“Qualifications prescribed by Presidential Decree” in Article 19-4 (1) of the Act means qualifications referred to in attached Table 1-3. [This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 19-2 (Standards for Revocation and Suspension of Qualifications of Timber Grade Evaluators) |
| (2) | The detailed standards for taking a disposition of revocation or suspension of qualifications of timber grade evaluators shall be as specified in attached Table 1-4. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 19-3 (Business affairs of Timber Grade Evaluators) |
“Business affairs prescribed by Presidential Decree” in subparagraph 3 of Article 19-5 of the Act means any of the following business affairs: | 1. | Guidance on compliance with quality indications of timber products; |
| 2. | Technical guidance on the production and quality management of timber products; |
| 3. | Technical guidance on the selection and packaging of timber products; |
| 4. | Other business affairs necessary for improving the quality of timber products, protecting consumers, and establishing the distribution order as prescribed by the Minister of the Korea Forest Service. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 19-4 (Timber Products Subject to Public Notification of Criteria for Standard Dimensions and Quality and Inspection) |
| (2) | "Timber products prescribed by Presidential Decree, such as wood pellets" in the proviso to Article 20 (2) of the Act means the timber products specified in Article 14 (1) 11 through 15. <Newly Inserted by Presidential Decree No. 28063, May 29, 2017> |
| (3) | The standards for designation and authorization of an agency prescribed in Article 20 (2) 2 and 3 of the Act (hereinafter referred to as “agency to inspect standard dimensions and quality”) shall be as specified in attached Table 1-5. In such cases, the detailed standards for designation and authorization shall be determined and publicly notified by the Minister of the Korea Forest Service. <Amended by Presidential Decree No. 29108, Aug. 21, 2017> |
| (4) | A person who intends to undergo an inspection of standard dimensions and quality prescribed in Article 20 (2) of the Act (hereinafter referred to as "inspection of standard dimensions and quality") conducted by any agency prescribed in Article 20 (2) 1 through 3 of the Act and a timber grade evaluator prescribed in subparagraph 5 of the same paragraph (hereinafter referred to as "inspection agency") shall submit an application for inspection to the relevant inspection agency, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That where a person files an application for inspection of standard dimensions and quality with a timber grade evaluator prescribed in Article 20 (2) 5 of the Act, the handling period prescribed in paragraph (5) shall be separately determined through consultation. <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 29108, Aug. 21, 2017> |
| (5) | An inspection agency shall conduct an inspection of standard dimensions and quality within 60 days from the date of receipt of an application filed under paragraph (4) and notify the applicant of the results of the inspection, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That where there exist unavoidable causes, the inspection agency may extend the period only once by up to 30 days per period after giving the applicant a prior notice of such extension. <Amended by Presidential Decree No. 28063, May 29, 2017> |
| (6) | A person having an objection to the results of an inspection of standard dimensions and quality shall submit a written objection to the relevant inspection agency within 30 days from the date of receipt of a notice given under paragraph (5), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 28063, May 29, 2017> |
| (7) | An inspection agency shall re-conduct an inspection of standard dimensions and quality within 60 days after receipt of a written objection prescribed in under paragraph (6) and notify the person who has filed an objection of the results thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 28063, May 29, 2017> |
| (8) | Notwithstanding paragraphs (4) and (6), the inspection application form and the objection form of an inspection agency specified in Article 20 (2) 3 of the Act shall be determined by the inspection agency. <Amended by Presidential Decree No. 29108, Aug. 21, 2018> |
| (9) | "Period prescribed by Presidential Decree" in Article 20 (4) of the Act means the term of validity of an inspection of standard dimensions and quality prescribed in paragraph (10). <Newly Inserted by Presidential Decree No. 28063, May 29, 2017> |
| (10) | The term of validity of an inspection of standard dimensions and quality prescribed in Article 20 (9) of the Act shall be three years from the date an inspection agency notifies the results of the inspection of standard dimensions and quality pursuant to paragraph (5) or (7). <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 29108, Aug. 21, 2018> |
| (11) | Deleted. <by Presidential Decree No. 29108, Aug. 21, 2018> |
| Article 19-5 (Procedures for Designating and Authorizing Agencies to Inspect Standard Dimensions and Quality) |
| (1) | A person who intends to be designated and authorized as an agency to inspect standard dimensions and quality shall file an application for designation and authorization with the Minister of the Korea Forest Service, along with a copy of current status of equipment, facilities and inspection personnel. |
| (2) | Upon receipt of an application filed under paragraph (1), the Minister of the Korea Forest Service shall conduct a field investigation to review whether to satisfy the standards for designation and authorization prescribed in Article 19-4 (3). |
| (3) | Where the results of the field investigation prescribed in paragraph (2) satisfy the standards for designation and authorization, the Minister of the Korea Forest Service shall issue a certificate of designation or authorization and publicly announce the name, place of location, etc. of an agency to inspect standard dimensions and quality designated and authorized on the website. |
| (4) | Except as otherwise provided for in paragraph (1) through (3), the detailed procedures for designation and authorization of an agency to inspect standard dimensions and quality shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 20 (Standards and Procedures for Designating Self-Inspecting Factories) |
| (1) | The standards for designating self-inspecting factories provided for in Article 20 (2) 4 of the Act (hereinafter referred to as "self-inspecting factories") shall be classified as follows: <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 29108, Aug. 21, 2018> |
| 1. | A self-inspecting factory which inspects standard dimensions and quality for any timber product specified in any subparagraph of Article 14 (1), by using a quality tester or analytical equipment: The factory must meet each of the following requirements: |
| (a) | Quality testers and analytical equipment for timber products; |
| (b) | A laboratory for inspecting the quality of timber products; |
| (c) | At least one person capable of operating the equipment provided for in item (a) who has a doctor's degree or higher in any field related to processing forest products, or who has the qualification of a forest products processing engineer or a higher qualification prescribed in the National Technical Qualifications Act; |
| 2. | A self-inspecting factory which inspects the matters falling under each subparagraph of Article 20-2 (2) with the naked eye for swan timber and laminated wood specified in Article 14 (1) 1 and 5: It shall meet each of the following requirements: |
| (a) | At least one timber grade evaluator; |
| (b) | Inspection equipment to inspect items prescribed in Article 20-2 (2) 2 and 3 (limited to self-inspecting factories inspecting the relevant items). |
| (2) | A person who intends to be designated as a self-inspecting factory shall submit an application for designation to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | Upon receipt of an application filed under paragraph (2), the Minister of the Korea Forest Service shall examine whether the relevant person meets the standards for designation provided for in paragraph (1) and issue the applicant a certificate of designation if the person meets the standards, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (4) | Detailed standards and procedures for designating the self-inspecting factories provided for in paragraph (1) shall be prescribed and publicly notified by the Minister of the Korea Forest Service. <Amended by Presidential Decree No. 28063, May 29, 2017> |
| Article 20-2 (Inspection Items of Timber Grade Evaluators) |
| (1) | Timber products which timber grade evaluators may inspect pursuant to the proviso to Article 20 (2) 5 of the Act shall be swan timber and laminated wood under Article 14 (1) 1 and 5. |
| 1. | Defects in timber products (referring to the size of a knot, the level of cracks and bending of a tree, flaws, etc.); |
| 2. | Percentage of water content (referring to the percentage of water contained in timber products); |
| 3. | Modulus of elasticity in bending (referring to the extent of resistance to the exterior bending strength); |
| 5. | Species of trees (referring to the kind of trees): Provided, That where it is impracticable to distinguish the species, an inspection agency may be requested to conduct an inspection thereon. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 21 (Order for Suspension of Sale, Return or Disposal) |
Article 17 (3) through (5) shall apply mutatis mutandis to the method, procedures, etc. for issuing an order for suspension of sale, return, or disposal pursuant to Article 20 (5) of the Act. In such cases, "hazardous timber product" in Article 17 (3) with the exception of its subparagrphs shall be construed as "timber product that fails to meet the criteria for standard dimensions or quality". <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 28063, Mar. 6, 2018>
| Article 22 (Indicating Results of Inspection of Standard Dimensions and Quality) |
| (1) | When the results of an inspection of standard dimensions and quality are indicated pursuant to Article 20 (6) of the Act, the following matters shall be included: <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 29108, Aug. 21, 2018> |
| 1. | The name of the producer or importer of the relevant timber product (referring to the name of the relevant corporation if the producer or importer is a corporation); |
| 2. | An area or country of production of the relevant timber product; |
| 3. | The date of production of timber products; |
| 4. | Deleted. <by Presidential Decree No. 29108, Aug. 21, 2018> |
| (2) | Detailed standards, methods, etc. for indicating the results of an inspection of standard dimensions and quality prescribed in paragraph (1) and other necessary matters shall be prescribed and publicly notified by the Minister of the Korea Forest Service. <Newly Inserted by Presidential Decree No. 28063, May 29, 2017> |
| Article 22-2 (Detailed Standards for Revocation of Designation and Authorization of Agencies to Inspect Standard Dimensions and Quality and Self-Inspecting Factories) |
The detailed standards for revocation of designation and authorization of an agency to inspect standard dimensions and quality and a self-inspecting factory and for suspension of inspection thereof prescribed in Article 20 (8) shall be as specified in attached Table 1-6. [This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 23 (Revoking Determination on Inspection of Standard Dimensions and Quality) |
| (1) | The detailed standards for revoking determination on the inspection of standard dimensions and quality, taking a disposition of changing an indication or suspending the use thereof, or taking a disposition of suspending the sale of the relevant timber product prescribed in Article 22 (3) of the Act shall be as specified in attached Table 1-7. |
| (2) | Where the Minister of the Korea Forest Service revokes determination on the inspection of standard dimensions and quality, or takes a disposition of changing the indication or suspending the use thereof or of suspending the sale of the relevant timber product, he/she shall issue a written disposition stating any of the following matters to a producer or importer of the relevant timber product: |
| 1. | Timber products subject to dispositions; |
| 2. | Details of and grounds for dispositions. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 23-2 (Orders to Recall Timber Products) |
| (1) | The Minister of the Korea Forest Service shall undergo an examination of the Committee on Use of Timber before issuing an order to recall timber products pursuant to Article 22 (4) of the Act. |
| (2) | When issuing an order of recall, the Minister of the Korea Forest Service shall issue a written order stating each of the following matters to a producer or importer of the relevant timber products: |
| 1. | Grounds for and obligations of an order of recall; |
| 2. | Period for complying with an order of recall. |
| (3) | A person who receives an order of recall pursuant to paragraph (2) shall submit to the Minister of the Korea Forest Service a recall plan including the methods of recall and the period for compliance within seven days. |
| (4) | Where the recall plan submitted under paragraph (3) is deemed insufficient to recall the relevant timber products, the Minister of the Korea Forest Service may request the complement of the recall plan. |
| (5) | A person who submitted a recall plan pursuant to paragraph (3) shall recall the relevant timber products within the period for compliance, and after recalling them, he/she shall report in writing to the Minister of the Korea Forest Service the results of recall, such as the details and performances of recall, and a plan to take measures against products which were not recalled. |
[This Article Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018]
| Article 24 (Standards, etc. for Registration of Timber Production Business) |
| (1) | Standards for registration of each type of timber production business that must be registered under the former part of Article 24 (1) of the Act shall be as specified in attached Table 2. |
| (2) | "Any other matter prescribed by Presidential Decree" in Article 24 (2) of the Act means any of the following matters: <Amended by Presidential Decree No. 28063, May 29, 2017> |
| 1. | The representative's name; |
| 2. | Qualification type and status of technical workforce; |
| 3. | Timber or timber products handled (limited to where any modification is made to the scope of business, among the standards for registration of a lumbermill business and a timber import and distribution business specified in paragraph (1) and attached Table 2). |
| (3) | A person who intends to file a report on the transfer or merger of his/her timber production business pursuant to Article 24 (4) of the Act shall submit a report, including a document verifying such transfer or merger, to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of the competent Si/Gun/Gu"), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 25 (Standards for Taking Administrative Dispositions) |
The standards for taking an administrative disposition against a timber producer under Article 26 (2) of the Act shall be as specified in attached Table 3.
| Article 26 (Timber and Timber Products subject to Restrictions on Distribution) |
“Timber or timber products prescribed by Presidential Decree” in the former part of Article 29 (1) of the Act means log or any timber product specified in any subparagraph of Article 14 (1).
| Article 27 (Standards, etc. for Designation of Agencies Training Specialists) |
| (1) | The standards for designation of an agency training specialists prescribed in Article 31 (1) of the Act shall be as specified in attached Table 4. |
| (2) | A person who intends to be designated as an agency training specialists pursuant to Article 31 (1) of the Act shall submit an application for designation to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | Upon receipt of an application filed under paragraph (2), the Minister of the Korea Forest Service shall examine whether the standards for designation specified in attached Table 4 have been satisfied; and issue a certificate of designation to the applicant if the examination finds that such standards are satisfied and publish such designation on the website of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (4) | The Minister of the Korea Forest Service may fully or partially subsidize an agency training specialists designated pursuant to paragraph (3) with any of the following expenses incurred in providing education and training, within budgetary limits: <Amended by Presidential Decree No. 28063, May 29, 2017> |
| 1. | Expenses incurred in operating educational programs, such as lecture fees and the cost of purchasing training equipment and materials; |
| 2. | Expenses incurred in developing and disseminating educational programs, such as collecting and providing educational data related to the timber industry; |
| 3. | Expenses incurred in conducting surveys and research to train technical workforce for the timber industry. |
| (5) | The detailed standards for revoking the designation of an agency training specialists and for issuing a corrective order prescribed in Article 31 (5) of the Act shall be as specified in attached Table 4-2. <Newly Inserted by Presidential Decree No. 29108, Aug. 21, 2018> |
| Article 28 (Types of, Qualifications, etc. for Wood-Structural Engineers) |
| (1) | Types of and qualifications for wood-structural engineers provided for in Article 32 (2) of the Act shall be as specified in attached Table 5. |
| (2) | "Matters prescribed by Presidential Decree" in Article 32 (3) 3 of the Act means matters concerning managing materials of wood structures, wooden houses, and wooden buildings. |
The scope of timber industries subject to submission of necessary matters under Article 37 (2) of the Act shall include log production business; the lumbermill business; and timber import and distribution business specified in attached Table 2.
| Article 30 (Financial Assistance) |
| (1) | A person who intends to be granted loans or subsidies to cover the project cost fully or partially pursuant to Article 38 of the Act shall submit an application to the Minister of the Korea Forest Service or the head of the relevant local government, stating the following matters: |
| 1. | The objective and necessity of the relevant project; |
| 2. | The period and scale of the relevant project; |
| 3. | The total project cost and annual cost required; |
| 4. | Any other matters concerning the feasibility of the relevant project. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of the Korea Forest Service or the head of the relevant local government shall review the feasibility, etc. of the relevant project; and may grant the applicant loans or subsidies within the budgetary limits to cover the project cost fully or partially, if he/she deems it necessary to finance or subsidize the project cost. |
| (3) | "Other projects prescribed by Presidential Decree" in subparagraph 4 of Article 38 of the Act means the following projects: |
| 1. | A project designed to preferentially purchase domestic timber products; |
| 2. | A project designed to create a wooden building complex or to make farmhouses into wooden houses; |
| 3. | A project designed to mechanize log production; |
| 4. | Any other projects the Minister of the Korea Forest Service deems necessary to promote the use of timber. |
| Article 31 (Monetary Rewards) |
| (1) | The amount of prize money to be paid pursuant to Article 41 of the Act shall be classified as follows: |
| 1. | Reporters or informants: 30,000 won per offense: Provided, That the prize money paid to each reporter or informant shall not exceed 300,000 won a year; |
| 2. | Persons who have contributed to improving quality of timber products and to establishing distribution order thereof: 300,000 won per person. |
| (2) | Where two or more persons have reported or given information on an identical offense, the prize money specified in paragraph (1) 1 shall be paid to the first person who has reported or given the information; and where a report and information are given simultaneously, the prize money shall be divided and paid to each reporter and informant proportionally. |
| Article 32 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Korea Forest Service shall delegate his/her authority concerning commissioning and managing honorary observers of use of timber provided for in Article 36 (1) of the Act to a Mayor/Do Governor pursuant to Article 43 (1) of the Act. |
| (2) | The Minister of the Korea Forest Service shall delegate the following authority to the head of a regional forest service pursuant to Article 43 (1) of the Act: <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 28691, Mar. 6, 2018; Presidential Decree No. 28919, May 28, 2018; Presidential Decree No. 29108, Aug. 21, 2018> |
| 1. | Issuing an order to restrict the production or sale or to dispose of any hazardous timber product pursuant to Article 17 (4) of the Act; and issuing a written order pursuant to Article 17 (3) of this Decree; |
| 1-2. | Issuing an order to suspend the sale, return, or dispose of any timber or timber product which is not verified as having been legally felled pursuant to Article 19-3 (3) of the Act; and issuing a written order pursuant to Article 17 (3) which is applied mutatis mutandis pursuant to Article 18-4 (2) of this Decree; |
| 2-2. | Issuing an order to suspend the sale, return, or dispose of any timber product that fails to meet the criteria for standard dimensions or quality pursuant to Article 20 (5) of the Act; and issuing a written order pursuant to Article 17 (3) which is applied mutatis mutandis pursuant to Article 21 of this Decree; |
| 3. | Collecting, investigating, and examining timber products or inspecting relevant documents pursuant to Article 22 (1) of the Act; |
| 3-2. | Revoking determination on the inspection of standard dimensions and quality, taking a disposition of changing or suspending the use of the indication of the standard dimensions and quality, or taking a disposition of suspending sale of the relevant timber product pursuant to Article 22 (3) of the Act; |
| 4. | Commissioning and managing honorary observers of use of timber pursuant to Article 36 (1); |
| 5. | Holding a hearing on the revocation of qualifications of timber grade evaluators and the revocation of determination on the inspection of standard dimensions and quality pursuant to subparagraphs 2-2 and 3 of Article 39 of the Act; |
| 6. | Issuing a written disposition prescribed in Article 23 (2); |
| (3) | The Minister of the Korea Forest Service shall delegate the following authority to the President of the Korea Forest Research Institute pursuant to Article 43 (1) of the Act: <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 29108, Aug. 21, 2018> |
| 1-2. | Publicly notifying the criteria for safety evaluation prescribed in Article 15 (3); |
| 1-3. | Publicly notifying the detailed standards for designation and authorization of an agency to inspect standard dimensions and quality prescribed in the latter part of Article 19-4 (3); |
| 1-4. | Conducting a field investigation, and designating and authorizing an agency to inspect standard dimensions and quality prescribed in Article 19-5 (2) and (3); |
| 1-5. | Publicly notifying the detailed procedures for designation and authorization of an agency to inspect standard dimensions and quality prescribed in Article 19-5 (4); |
| 1-6. | Publicly notifying the detailed standards and procedures for designating self-inspecting factories prescribed in Article 20 (4). |
| 2. | Publicly notifying the detailed criteria, etc. for indicating the results of an inspection of standard dimensions and quality pursuant to Article 22 (2). |
| (4) | The Minister of the Korea Forest Service shall entrust the following authority to the Timber Culture Promotion Association pursuant to Article 43 (3) of the Act: <Amended by Presidential Decree No. 28063, May 29, 2017> |
| 3. | Deleted. <by Presidential Decree No. 28063, May 29, 2017> |
| (5) | The Minister of the Korea Forest Service shall entrust the following authority to the Korea Forestry Promotion Institute pursuant to Article 43 (3) of the Act: <Amended by Presidential Decree No. 28063, May 29, 2017; Presidential Decree No. 28311, Sep. 19, 2017> |
| 2. | Receiving and examining applications for certification of a product using regional filter timber pursuant to Article 14 (1) 4 of the Act; |
| 3. | Conducting safety evaluations; |
| 4. | Designating self-inspecting factories; |
| 5. | Deleted; <by Presidential Decree No. 28311, Sep. 19, 2017> |
| Article 33 (Management of Personally Identifiable Information) |
| Article 33-2 (Review of Regulation) |
The Minister of the Korea Forest Service shall review the appropriateness of the following matters every three years (referring to the date before each third anniversary from the base date), counting from the following relevant base date; and shall take measures, such as making improvements: <Amended by Presidential Decree No. 29424, Dec. 24, 2018>
| 1. | The criteria for certification and authorization of a master of timber products, etc. referred to in Article 12 and attached Table 1: January 1, 2016; |
| 2. | Deleted; <by Presidential Decree No. 29424, Dec. 24, 2018> |
| 3. | The criteria for safety evaluation referred to in Article 15 (2): January 1, 2016; |
| 4. | The criteria for designating new technology for timber products referred to in Article 18 (1): January 1, 2016; |
| 5. | The standards for designating self-inspecting factories referred to in Article 20: January 1, 2017; |
| 6. | Deleted; <by Presidential Decree No. 28311, Sep. 19, 2017> |
| 7. | The standards for registration of each type of timber production business referred to in Article 24 (1) and attached Table 2: January 1, 2016; |
| 8. | The standards for designating an agency training specialists referred to in Article 27 (1) and attached Table 4: January 1, 2016; |
| 9. | Types of and qualifications for wood-structural engineers referred to in Article 28 (1) and attached Table 5: January 1, 2016; |
| 10. | The scope of timber industries subject to submission of matters necessary for the sustainable use of timber referred to in Article 29: January 1, 2016. |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
| Article 34 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines pursuant to Article 47 (1) of the Act shall be as specified in attached Table 6.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on May 24, 2013.
Article 2 (Transitional Measures concerning Registration of Timber Production Business)
A person who runs a timber production business as at the time this Decree enters into force shall register the business with the head of the competent Si/Gun/Gu by November 23, 2013, upon satisfying the standards for registration specified in attached Table 2: Provided, That a person running a timber production business as at the time this Decree enters into force who intends to register any of the following timber production businesses may register the business as prescribed in the relevant subparagraph:
| 1. | Type 1 log production business: The person must register the relevant business with the head of the competent Si/Gun/Gu by November 23, 2013, upon satisfying the standards for technical workforce specifying "at least one forest management technician of craft grade II or higher" as well as the standards for capital and facilities among the standards for registration provided for in subparagraph 1 of attached Table 2: Provided, That the standards for technical workforce specifying "at least one forest management technician of technology grade I or higher" among the standards for registration provided for in subparagraph 1 of attached Table 2 must be satisfied by May 23, 2015; |
| 2. | Type 1, 3, or 4 lumbermill business: The person must register the relevant business with the head of the competent Si/Gun/Gu by November 23, 2013, upon satisfying the standards for capital and facilities among the standards for registration provided for in subparagraph 2 of attached Table 2: Provided, That the standards for technical workforce among the standards for registration provided for in subparagraph 2 of attached Table 2 must be satisfied by May 23, 2014; |
| 3. | Type 2 lumbermill business: The person must register the relevant business with the head of the competent Si/Gun/Gu by November 23, 2013, upon satisfying the standards for capital and facilities among the standards for registration provided for in subparagraph 2 of attached Table 2: Provided, That the standards for technical workforce among the standards for registration provided for in subparagraph 2 of attached Table 2 must be satisfied by May 23, 2015. |
Article 3 (Transitional Measures concerning Qualifications for Wood-Structural Engineers)
Article 4 Omitted.
Article 5 (Relationship with other Acts)
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26629, Nov. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27403, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28063, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 3, 2017.
Article 2 (Applicability to Reporting on Modification of Timber Production Business)
The amended provisions of Article 24 (2) 3 shall begin to apply from the first modification made to any timber or timber product after this Decree enters into force.
ADDENDUM <Presidential Decree No. 28311, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDUM <Presidential Decree No. 28691, Mar. 6, 2018>
This Decree shall enter into force on October 1, 2018: Provided, That the amended provisions of Article 17 (3) and (4) shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28919, May 28, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That any of the following matters shall enter into force on the dates specified as follows:
ADDENDA <Presidential Decree No. 29108, Aug. 21, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 22, 2018: Provided, That the amended provisions of subparagraph 2 (f) of attached Table 3 shall enter into force on October 1, 2018.
Article 2 (Transitional Measures concerning Standards for Designating Self-Inspecting Factories)
A self-inspecting factory designated to inspect standard dimensions and quality with the naked eye for swan timber specified in Article 14 (1) 1 pursuant to the previous provisions as at the time this Decree enters into force may inspect standard dimensions and quality pursuant to the previous provisions by no later than August 21 of 2018, notwithstanding the amended provisions of Article 20 (1) 2.
ADDENDA <Presidential Decree No. 29310, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 29424, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.