CREATION AND MANAGEMENT OF FOREST RESOURCES ACT
Act No. 7678, Aug. 4, 2005
Amended by Act No. 8283, Jan. 26, 2007
Act No. 8346, Apr. 11, 2007
Act No. 8753, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9716, May 27, 2009
Act No. 9763, jun. 9, 2009
Act No. 9961, Jan. 25, 2010
Act No. 10250, Apr. 12, 2010
Act No. 10331, May 31, 2010
Act No. 10481, Mar. 29, 2011
Act No. 11429, May 23, 2012
Act No. 11456, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12412, Mar. 11, 2014
Act No. 12415, Mar. 11, 2014
Act No. 14269, May 29, 2016
Act No. 14360, Dec. 2, 2016
Act No. 14987, Oct. 31, 2017
Act No. 15080, Nov. 28, 2017
Act No. 16198, Jan. 8, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the preservation of national land, the development of national economy and the qualitative improvement of citizens' lives by securing the diverse functions of forests and promoting the sustainable preservation and utilization of forests through the development and management of forest resources.
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 1-2 (Basic Ideology for Management and Control of Forests) |
Forests shall be managed and controlled in order to function most harmoniously and appropriately in such various fields as society, economy, and culture, to ensure a fulfilling life for citizens since forests are valuable assets which constitute a substantial portion of national land.
[This Article Newly Inserted by Act No. 12415, Mar. 11, 2014]
The terms used in this Act shall be defined as follows: <Amended by Act No. 9313, Dec. 31, 2008; Act No. 11456, Jun. 1, 2012; Act No. 12248, Jan. 14, 2014; Act No. 16198, Jan. 8, 2019>
| 1. | The term "forest" means any of the following: Provided, That farmland, grassland, residential districts, roads, and land determined by Presidential Decree, and standing timber and bamboo on such land shall be excluded: |
| (a) | Standing timber and bamboo that grow collectively and the land on which they grow; |
| (b) | Land that has temporarily lost the standing timber and bamboo that had been growing thereon collectively; |
| (c) | Land used for collectively growing standing timber and bamboo; |
| (d) | Roads built to manage and administer forests (hereinafter referred to as "forest roads"); |
| (e) | Rocky formation and marshland (referring to wetlands surrounded by a marsh and pond) within land referred to in items (a) through (c); |
| 2. | The term "forest resources" means any of the following resources useful for the national economy and the people's livelihood: |
| (a) | Biological resources, such as trees, herbage, mosses, mushrooms, and insects that exist or live in forests; |
| (b) | Non-biological resources, such as earth, stone, and water in forests; |
| (c) | Resources for forest recreation and scenery; |
| 3. | The term "forest project" means any project determined by Presidential Decree, which is undertaken on forests to maintain, develop, or restore the functions of forests, such as creation, development, and utilization of forests, prevention of mishaps, recovery or restoration of forests, or any project necessary to create, develop, or manage forests, such as creation, and management of urban forests, living forests, roadside trees, and arboretums; |
| 4. | The term "urban forest" means any forest and trees created and managed in any city, other than Myeon areas and park areas defined in Article 2 of the Natural Parks Act, for recreational, emotional development, and activity-based programs, etc. for citizens; |
| 5. | The term "living forest" means any forest and trees prescribed by Presidential Decree, such as village forests, which are created and managed in the neighborhood of residential areas, and in and around schools referred to in Article 2 of the Elementary and Secondary Education Act to provide the people with a pleasant human habitat, beautiful scenery, and nature-studying opportunities; |
| 6. | The term "roadside trees" means trees planted in or around the road zones determined by Presidential Decree, such as roads (excluding national expressways) referred to in Article 10 of the Road Act, pedestrian passages, and bikeways; |
| 7. | The term "forest products" means wood, trees, fallen leaves, earth, stone, etc. that are produced in forests, and others prescribed by Presidential Decree, including trees for landscaping, and bonsai trees; |
| 8. | The term "forest seeds" means seeds of resources, trophosome for propagation, spawns, spores, etc. originating from forests or forest resources defined in subparagraph 2 (a); |
| 9. | The term "forest biomass energy" means energy produced from forest products, or materials mixed with forest products; |
| 10. | The term “forest restoration” means restoring the structure and function of a forest so as to restore the ecosystem and biodiversity of the forest which has been naturally or artificially damaged close to its original state, and to maintain and promote such original state. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 2-2 (Obligations of State, etc. concerning Management and Control of Forests) |
| (1) | The State and local governments shall establish and implement policy measures concerning management and control of forests to realize the basic ideology prescribed under Article 1-2. |
| (2) | Forest owners shall manage and control their forests in deference to the basic ideology prescribed under Article 1-2, and cooperate with the State and local governments in implementing policy measures concerning management and control of forests. |
[This Article Newly Inserted by Act No. 12415, Mar. 11, 2014]
| Article 3 (Scope of Application) |
Under this Act, all or some of the following provisions shall also apply to lands that are not forests: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 14987, Oct. 31, 2017>
| 1. | Provisions concerning forests for seed collection, plus trees, and experimental forests; |
| 2. | Provisions concerning the restriction on the use of forest products; |
| 3. | Provisions concerning permission for cutting or extracting standing timber: Provided, That the aforesaid shall be limited to standing timber on the lands determined by Presidential Decree, which is designated and publicly notified by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) as necessary to preserve the national land and protect standing timber. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 4 (Classification of Forests) |
Forests shall be classified according to their ownership as follows:
| 1. | National forests: Forests owned by the State; |
| 2. | Public forests: Forests owned by local governments or other public organizations; |
| 3. | Private forests: Other forests not included in subparagraphs 1 and 2. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 5 (Administrative Agencies in Charge of Respective Forests) |
Administrative agencies in charge of respective forests shall be as follows: <Amended by Act No. 11456, Jun. 1, 2012>
| 1. | National forests under the jurisdiction of the Korea Forest Service: The Administrator of the Korea Forest Service or the head of an institution affiliated with the Korea Forest Service; |
| 2. | Other national forests, public forests and private forests not included in subparagraph 1: Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors or Special Self-Governing Province Governor, (hereinafter referred to as "Mayors/Do Governors"), or the heads of Sis/Guns/Gus, who have jurisdiction over the area in which forests are located. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
CHAPTER II CREATION AND DEVELOPMENT OF FOREST RESOURCES
SECTION 1 Sustainable Forest Management
| Article 6 (Sustainable Forest Management) |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 7 (Development, etc. of Forest Sustainability Index) |
| (1) | The State may, as prescribed by Presidential Decree, develop and announce the forest sustainability index which indicates the degree of sustainability of forests, in consideration of ecological, physical, social and economic factors affecting forests. |
| (2) | The State and local governments shall formulate and implement the plans to maintain and improve the forest sustainability index according to the kinds and distinctive features of individual forests and, where deemed that the forest sustainability index falls or is likely to fall noticeably, they shall devise the measures to recover the sustainability of forests. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 7-2 (Forest Certification) |
The Minister of the Korea Forest Service shall formulate and implement policies for a certification system relating to forest management and the production and distribution of forest products in order to promote sustainable forest management and expand the use of forest products produced from sustainably managed forests and processed goods from such forest products.
[This Article Newly Inserted by Act No. 14987, Oct. 31, 2017]
| Article 8 (Classification and Management of Forests by Function) |
| (1) | The Minister of the Korea Forest Service shall classify nationwide forests according to the following functions, in consultation with the heads of the relevant central administrative agencies, in consideration of the locations, geographical conditions, direction-setting for use, socio-economic conditions, etc. of such forests to promote the effective creation and development of forest resources at the national level, and prepare a drawing (hereinafter referred to as “functional classification map”) based upon the functions thereof: <Amended by Act No. 12415, Mar. 11, 2014> |
| 1. | Development of water sources; |
| 2. | Prevention of forest mishaps; |
| 3. | Preservation of the natural environment; |
| 6. | Preservation of a human habitat. |
| (2) | The Minister of the Korea Forest Service shall post a draft functional classification map on the website for at least 14 days, and hear from the heads of local governments, forest owners, etc., to classify the functions of forests. <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
| (3) | The State, local governments, and forest owners shall endeavor to manage and control forests they possess appropriately for the functions classified under paragraph (1). <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
| (4) | Detailed matters regarding classification and management of forests based on functions thereof, manner in which and how often the functional classification map should be prepared, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 8-2 (Preparation of Forest Type Map) |
| (1) | The Minister of the Korea Forest Service shall prepare a drawing (hereinafter referred to as “forest type map”) comprehensively indicating the status of forests, such as the type, diameter, age, etc. of timber in nationwide forests, for effectively managing and controlling the forests. |
| (2) | The Minister of the Korea Forest Service may request data necessary for preparing the forest type map from the heads of the relevant central administrative agencies or local governments. Upon receipt of such request, the heads of the relevant central administrative agencies or local governments shall comply therewith except in extenuating circumstances. |
| (3) | The method of, and timing for preparing the forest type map, 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. 12415, Mar. 11, 2014]
| Article 9 (Establishment, etc. of Infrastructure for Forest Management) |
| (1) | Where deemed necessary to establish the production infrastructure of forests and promote the public utility of forests, the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may install facilities necessary to maintain and protect the functions of forests (hereinafter referred to as "forest management infrastructure"), such as forest roads, facilities for preventing and suppressing forest fires, with the consent of forest owners. <Amended by Act No. 11456, Jun. 1, 2012> |
| (2) | Where the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus intend to establish forest management infrastructure, they shall assess the propriety of establishment of such infrastructure in comprehensively considering the necessity, suitability, environmental friendliness, etc. of the relevant infrastructure, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | If necessary to effectively perform the assessment under paragraph (2), the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may organize an assessment committee, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | In establishing forest management infrastructure, the Minister of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall design the forest management infrastructure in compliance with the standards prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs and install it according to such design. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) | The scope of forest management infrastructure, procedures for their establishment, management methods, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 10 (Reforestation of Deforested Areas, etc.) |
| (1) | Any person who has exploited a forest or damaged an afforested area shall reforest the exploited or damaged area: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as where a forest can be created naturally. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order of afforestation to any of the following persons, within a prescribed period: <Amended by Act No. 14987, Oct. 31, 2017> |
| 1. | A person who has exploited a forest or damaged an afforested area, but fails to perform reforestation under paragraph (1); |
| 2. | An owner of a forest in which standing timber is blighted due to a forest fire, fungi, harmful insects, etc.; |
| 3. | An owner of a forest in which a forest incident, such as a landslide, or soil runoff has occurred or is likely to occur. |
| (3) | Where a person in receipt of an order of afforestation under paragraph (2) fails to comply with the order, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may implement such afforestation without consent of the forest owner. In such cases, the expenses incurred in relation to such afforestation shall be borne by the person in receipt of the order of afforestation pursuant to paragraph (2). <Amended by Act No. 14987, Oct. 31, 2017> |
| (4) | The period for completing afforestation under paragraph (1), the methods for afforestation, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 11 (Support for Cultivation of Forests) |
The State and local governments may provide a subsidy to help forest owners to cover the costs for tending their forests at an opportune time according to growth stages of trees.
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 12 (Conversion of Idle Land into Forest) |
| (1) | The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may provide a subsidy to help the person who intends to convert idle land into a forest to cover all or part of the associated costs where such conversion is deemed reasonable in light of its use, geographical conditions, etc. <Amended by Act No. 11456, Jun. 1, 2012> |
| (2) | The State and local governments may provide seedlings, fertilizers, etc. to persons who wish to plant trees if necessary to motivate citizens for afforestation. |
| (3) | The scope of idle lands, the methods of subsidization under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 2 Forest Management Plans
| Article 13 (Formulation and Authorization of Forest Management Plans) |
| (1) | The head of a local government shall formulate ten-yearly forest management plans respectively for public forests owned by the local government, and manage the public forests according to such plans, as prescribed by Presidential Decree. |
| (2) | The owners of public or private forests (including any persons duly authorized to use such forests or gain profits therefrom; hereinafter the same shall apply), other than the heads of local governments, may formulate a forest management plan, including ten-yearly management plans, and submit such plan to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu for authorization, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (3) | Forest management plans referred to in paragraph (2) shall be prepared by the forest owners, or by a forest technician prescribed by Presidential Decree among those provided for in Article 8 of the Act on Promotion and Management of Forestry Technology. In such cases, the forest technician may prepare a forest management plan and receive payment therefor within the limits prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15080, Nov. 28, 2017> |
| (4) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a forest management plan submitted for authorization pursuant to paragraph (2) is proper for efficiently creating and managing the relevant forest, he/she shall grant authorization, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such case, a forest management plan for a forest classified as having the function of conserving the natural environment under Article 8 (1) 3 shall include details suitable for the sustainable conservation of the forest. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (5) | When a forest owner intends to amend any important matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs which are included in the forest management plans authorized under paragraph (4), the forest owner shall obtain authorization for such amendment, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (6) | The State or local governments may provide a subsidy or guidance on the management of forests, or accord preferential treatment, in terms of taxation and interest rates, to forest owners whose forest management plans are authorized. |
| (7) | Standards for formulating forest management plans under paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 14 (Implementation of Forest Management Plans) |
| (1) | A forest owner who has obtained authorization for his/her forest management plan under Article 13 (4) shall implement the forest management plan. |
| (2) | Where a forest, the management plan of which is authorized, does not exceed the scale prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, or otherwise it is deemed necessary to efficiently manage such forest, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may encourage the forest owner to allow a forest-specialized organization, such as a forestry cooperative established under the Forestry Cooperatives Act, to manage the forest on behalf of him/her (hereinafter referred to as "management by proxy"), and give priority to subsidizing expenses incurred in relation to the forest managed by proxy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (3) | A forest owner or a person who manages a forest by proxy pursuant to paragraph (2) shall report in advance to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu on felling standing timber, etc. under Article 36 which can occur in implementing the forest management plan, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the forest owner shall be deemed to have obtained permission for, or deemed to have reported on felling standing timber, etc. under Article 36. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within five days after receipt of the report filed under the former part of paragraph (3). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (5) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes relating to the processing of civil petitions, within the period specified in paragraph (4), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes relating to the processing of civil petitions). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 15 (Revocation, etc. of Authorization for Forest Management Plans) |
Where a person who has obtained authorization for a forest management plan in accordance with Article 13 (4) falls under any of the following circumstances, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke such authorization or suspend the forest project performed pursuant to the forest management plan: Provided, That the authorization shall be revoked in the case of falling under subparagraph 1: <Amended by Act No. 14987, Oct. 31, 2017> | 1. | Where the person has obtained authorization by fraud or other improper means; |
| 2. | Where the relevant forest owner has failed to perform the forest project as set forth in the authorized forest management plan without just cause: Provided, That the same shall not apply where the forest project is performed by proxy pursuant to Article 23 (2); |
| 3. | Where the outcome of implementation of the forest project pursuant to the forest management plan has failed to fulfill the standards prescribed by Presidential Decree: Provided, That the same shall not apply where the forest project is not implemented due to any forest disaster such as forest fires, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 3 Growing, etc. of Seeds and Seedlings for Forest
| Article 16 (Registration of Seeds and Seedlings Growers) |
| (1) | Any person who intends to grow forest seeds and forest seedlings designated and publicly notified by the Minister of the Korea Forest Service for sale shall be registered with the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon meeting the requirements prescribed by Presidential Decree. The same shall also apply where he/she intends to alter any important matters determined by Presidential Decree among the registered matters. <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| (2) | Any person registered pursuant to paragraph (1) (hereinafter referred to as "seeds and seedlings grower") shall place a quality mark, such as the origin and standards, on seeds and seedlings for forests he/she has grown before shipping, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Where a seeds and seedlings grower falls under any of the following circumstances, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the registration of his/her business, or suspend his/her business for a period not exceeding two years: Provided, That he/she must revoke the registration of the seeds and seedlings grower if the seeds and seedlings grower falls under subparagraph 1 or 2: <Amended by Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017; Act No. 16198, Jan. 8, 2019> |
| 1. | Where his/her business is registered by fraud or other improper means; |
| 2. | Where he/she has conducted the seeds and seedling growing business during the period of business suspension; |
| 3. | Where he/she fails to commence the business within one year from the date of registration, or has suspended his/her business for at least one year consecutively without just cause; |
| 4. | Where he/she fails to meet the standards for registration referred to in paragraph (1); |
| 5. | Where he/she fails to place a quality mark, in violation of paragraph (2); |
| 6. | Where he/she fails to comply with an order to halt shipment or to take measures, such as disinfection or discard, issued under Article 67 (3). |
| (4) | A person for whom three years have not passed since his/her registration was revoked under paragraph (3) shall not apply for registration under paragraph (1). |
| (5) | Detailed standards for administrative measures referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, depending on the type, severity, etc. of each offence. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 17 (Vicarious Execution, etc. of Seeds and Seedlings Growing Business) |
| (1) | The State or a local government may have the persons meeting the qualification standards prescribed by Presidential Decree, from among seeds and seedling producers, carry on seeds and seedling growing businesses by proxy. |
| (2) | The State or a local government may compensate the person carrying on a seeds and seedling growing business by proxy under paragraph (1) for any loss incurred due to natural disasters such as drought, flood, etc., under the conditions as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 18 (Development and Registration of Forest Seeds) |
| (1) | A person who has bred new forest seeds shall apply for plant variety protection with the Minister of the Korea Forest Service for examination of the relevant plant variety, and register the establishment of his/her plant variety right (hereinafter referred to as "registration of plant variety"): Provided, That any plant variety bred by a public official in the course of performing his/her duties shall be registered in the name of the head of the agency with which the public official is affiliated. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012> |
| (2) | Upon receiving an application for plant variety protection under paragraph (1), the Minister of the Korea Forest Service shall publish such application for plant variety protection for at least 30 days, and shall publicly announce the registration of plant variety once such plant variety is registered. <Amended by Act No. 11456, Jun. 1, 2012> |
| (3) | through (5) Deleted. <by Act No. 11456, Jun. 1, 2012> |
| (6) | Procedures for filing an application for plant variety protection, and plant variety registration, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 19 (Designation, Management, etc. of Forests for Seed Collection, etc.) |
| (1) | The Minister of the Korea Forest Service, or a Mayor/Do Governor may designate forests or trees appropriate for collecting superior seeds for afforestation from among the national or public forests under his/her jurisdiction, as forests for seed collection or plus trees (hereinafter referred to as "forests for seed collection, etc.") for protection and management; and create arboretums for seed collection or for collecting genes necessary for vegetative reproduction, such as felling and grafting, to supply seeds necessary for creating forest resources. |
| (2) | A Mayor/Do Governor may designate private forests or trees appropriate for collecting superior seeds for afforestation as forests for seed collection, etc. for protection and management upon the application of the owners thereof. |
| (3) | The Minister of the Korea Forest Service, or a Mayor/Do Governor may wholly or partially rescind designation of a forest for seed collection, etc. in any of the following circumstances: |
| 1. | Where the objective of designation has been achieved and it is deemed unnecessary to maintain it as a forest for seed collection, etc.; |
| 2. | Where the objective of designation is deemed to be unachievable due to any damage caused by a natural disaster, etc.; |
| 3. | Where the rescission of designation is deemed inevitable to use it as a site for an educational facility, industrial facility, military facility, or other official or public facilities determined by Presidential Decree. |
| (4) | Upon designating or rescinding designation of a forest for seed collection, etc. pursuant to paragraphs (1) through (3), the Minister of the Korea Forest Service, or a Mayor/Do Governor shall publicly notify such designation or rescission and inform the forest owner thereof. |
| (5) | The following activities are prohibited within forests for seed collection, etc.: Provided, That felling timber for forest tending, and extracting and gathering forest products may be done after reporting thereon to the Minister of the Korea Forest Service, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu to the extent not contrary to the objectives of designation of the forests for seed collection, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| 1. | Felling standing timber and bamboo; |
| 2. | Extracting and gathering forest products; |
| 4. | Other activities that alter the form and quality of land. |
| (6) | The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report filed under the proviso of paragraph (5). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (7) | Where the Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes relating to the processing of civil petitions, within the period specified in paragraph (6), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes relating to the processing of civil petitions). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (8) | The designation and management of forests for seed collection, etc., and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 4 Creation and Management of Urban Forests, etc.
| Article 19-2 (Formulation, Implementation, etc. of Master Plans for Urban Forests) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a master plan to create and manage urban forests, living forests, and roadside trees (hereinafter referred to as "urban forests, etc.") nationwide (hereinafter referred to as "master plan for urban forests, etc.") every 10 years in consultation with the heads of the relevant central administrative agencies. <Amended by Act No. 16198, Jan. 8, 2019> |
| (2) | Master plans for urban forests, etc. shall include: |
| 1. | The basic objectives of creating and managing urban forests, etc., and the direction-setting for implementation thereof; |
| 2. | Matters relating to the present circumstances and future prospects of urban forests, etc.; |
| 3. | Matters relating to the building and management of information networks for urban forests, etc.; |
| 4. | Other matters prescribed by Presidential Decree regarding creation and management of urban forests, etc. |
| (3) | The Minister of the Korea Forest Service may amend a master plan for urban forests, etc., if deemed necessary in consideration of the feasibility of the master plan for urban forests, etc., any change in social, economic, or local conditions, etc. |
| (4) | The Minister of the Korea Forest Service shall conduct a survey to learn the current status of urban forests, etc., and keep and manage its findings to utilize them as fundamental data for formulating or amending the master plan for urban forests, etc. |
| (5) | Matters necessary for the formulation, amendment, etc. of master plans for urban forests, etc. pursuant to paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| (6) | The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan based on a master plan for urban forests, etc. (hereafter in this Article referred to as “implementation plan”) and endeavor to secure financial resources necessary therefor. <Newly Inserted by Act No. 16198, Jan. 8, 2019> |
| (7) | Where the Minister of the Korea Forest Service formulates or amends a master plan for urban forests, etc. or an implementation plan, he/she shall notify it to the heads of the relevant central administrative agencies and Mayors/Do Governors and submit it to the competent standing committee of the National Assembly. <Newly Inserted by Act No. 16198, Jan. 8, 2019> |
| (8) | Where the Minister of the Korea Forest Service formulates or amends a master plan for urban forests, etc. or an implementation plan, he/she shall announce it as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Newly Inserted by Act No. 16198, Jan. 8, 2019> |
| (9) | Where it is necessary to formulate a master plan for urban forests, etc. or an implementation plan, the Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies or the competent Mayor/Do Governor to submit relevant data. In such cases, the heads of the relevant agencies in receipt of such request to submit data shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted by Act No. 16198, Jan. 8, 2019> |
[This Article Newly Inserted by Act No. 8753, Dec. 21, 2007]
| Article 20 (Creation and Management of Urban Forests, etc.) |
| (1) | The head of a local government shall formulate and implement a plan to create and manage urban forests, etc. under his/her jurisdiction (hereinafter referred to as "plan to create and manage urban forests, etc.") according to the relevant master plan for urban forests, etc. formulated under Article 19-2. |
| (2) | To formulate or amend a plan to create and manage urban forests, etc., the head of a local government shall submit the plan to the deliberative committee on creation and management of urban forests, etc. established under Article 20-2 for deliberation. <Newly Inserted by Act No. 14360, Dec. 2, 2016> |
| (3) | Methods for formulation, contents of the plan to create and manage urban forests, etc. and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of the Korea Forest Service may provide support necessary for creating and managing urban forests, etc. to any local government that formulates and implements the plan to create and manage urban forests, etc. pursuant to paragraphs (1) and (2). <Newly Inserted by Act No. 14360, Dec. 2, 2016> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 20-2 (Deliberative Committees on Creation and Management of Urban Forests, etc.) |
| (1) | A deliberative committee on creation and management of urban forests, etc. (hereafter referred to as the "committee" in this Article) shall be established in each local government to deliberate on the following matters concerning creation, management, etc. of urban forests, etc.: |
| 1. | Formulation and amendment of plans to create and manage urban forests, etc. referred to in Article 20; |
| 2. | Matters prescribed by municipal ordinance of the relevant local government, among matters requiring approval, as referred to in Article 21 (1) 1 through 3; |
| 3. | Any other matters prescribed by municipal ordinance of the relevant local government, as deemed necessary for the creation and management of urban forests, etc. |
| (2) | The committee shall be comprised of not less than six and not more than 15 members, including one chairperson. |
| (3) | The chairperson and members of the committee shall be commissioned or appointed by the head of each local government, but such members shall include at least two of the following persons, respectively: |
| 1. | An expert in creation and management of urban forests, etc.; |
| 2. | A representative of residents in the jurisdiction; |
| 3. | A person recommended by any civic organization. |
| (4) | The composition and operation of the committee referred to in paragraphs (1) through (3), and other necessary matters shall be prescribed by municipal ordinance of the relevant local government. |
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
| Article 21 (Approval for Creation, etc. of Roadside Trees) |
| (1) | When any person, other than the head of a local government, intends to perform any act referred to in any of the following subparagraphs, he/she shall obtain approval therefor from the head of the local government concerned. In such cases, such matters as the procedures for and period of approval, the allotment of expenses, etc. shall be prescribed by municipal ordinance of the local government concerned: |
| 1. | Planting and rearing roadside trees; |
| 2. | Transplanting roadside trees; |
| 3. | Removing roadside trees; |
| 4. | Pruning roadside trees. |
| (2) | Administrative agencies that build new roads shall plant roadside trees around the roads and take into account the space for planting roadside trees at the stage of designing the roads. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 5 Implementation, etc. of Forest Projects
| Article 22 (Implementation of Forest Projects) |
| (1) | Forest projects shall be implemented by the forest owners, but the State or local governments may implement such forest projects with the consent of the relevant forest owner, if deemed necessary for forest management. |
| (2) | The State or local governments may use the personal information (limited to names, addresses, and telephone numbers) on the forest owners collected and held for levying taxes, or for other purposes, if inevitable to obtain consent from such owners under paragraph (1). <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
| (3) | Upon receipt of a request necessary for using personal information under paragraph (2), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 23 (Implementation of Forest Projects by Agents) |
| (1) | The State or local governments may require a forestry cooperative or the National Forestry Cooperative Federation to perform the following forest projects as an agent or entrust it with such projects: <Amended by Act No. 9961, Jan. 25, 2010; Act No. 15080, Nov. 28, 2017> |
| 1. | A project to prevent and control, or restore from a mishap, such as forest fungi or harmful insects, landslide, and forest fire; |
| 2. | A project that requires design or supervision prescribed in Article 15 (3) of the Act on Promotion and Management of Forestry Technology to create, cultivate, and manage forest resources; |
| 3. | Other projects prescribed by Presidential Decree, necessary to implement forest policies of the State or local governments. |
| (2) | When a person who has obtained authorization for his/her forest management plan under Article 13 (4) fails to implement the forest project as authorized, without just cause, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may require any of the following persons to implement the forest project as an agent, with consent from the relevant forest owner: Provided, That where it is impracticable to obtain consent from the relevant forest owner as his/her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he/she may provide public announcement of grounds for implementing such projects by an agent, the agent, and other information on the bulletin board and website of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days, in lieu of obtaining consent: <Amended by Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| 1. | A forestry cooperative or the National Forestry Cooperative Federation; |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may directly implement necessary forest projects or require any of the persons referred to in paragraph (2) to implement such forest projects as an agent with consent from the owner of a forest, the management plan of which is not authorized under Article 13 (4), or which significantly lacks public utility, in terms of purifying air or developing water sources, etc. because such owner has been negligent in implementing necessary forest projects, and which requires a forest project for sustainably conserving and utilizing the forest: Provided, That where it is impracticable to obtain consent from the relevant forest owner as his/her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he/she may provide public announcement of grounds for implementing such projects as an agent, the agent, and other information on the bulletin board and web-site of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days in lieu of obtaining consent: <Amended by Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may implement a forest project without consent from the relevant forest owner when he/she has no enough time to obtain consent from the relevant forest owner for any of the following reasons. In such case, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant forest owner of such fact, without delay: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 14987, Oct. 31, 2017> |
| 1. | Where the forest project is urgently required to exterminate fungi, harmful insects, etc.; |
| 2. | Where preventable damage is anticipated due to natural phenomena, such as landslide, wind, rain, snow, etc. or urgent recovery is to be performed as damage has occurred; |
| 3. | In cases prescribed by Presidential Decree in which the forest project is urgently required to protect the forest. |
| (5) | Expenses incurred in implementing forest projects referred to in paragraphs (2) and (3) shall be borne by the relevant forest owner, and those incurred in implementing forest projects referred to in paragraph (4) by the State or the relevant local government. |
| (6) | Procedures for implementing forest projects directly or as agent under paragraphs (2) through (4), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 23-2 (Operation of National Forest Management Associations) |
| (1) | To efficiently promote projects for national forests, the Minister of the Korea Forest Service may allow forestry technicians referred to in Article 18 of the Forestry and Mountain Villages Development Promotion Act to organize a national forest management association and perform any of the following projects: <Amended by Act No. 12415, Mar. 11, 2014; Act No. 16198, Jan. 8, 2019> |
| 1. | A forestation project; |
| 2. | A forest-tending project; |
| 3. | A project to prevent forest diseases and pests; |
| 4. | A project to produce seedling for forests; |
| 5. | A project to cut, uproot, or transplant standing trees. |
| (2) | The Minister of the Korea Forest Service may require a national forest management association to perform the projects referred to in paragraph (1) 1, 2 and 5 as an agent, or may entrust it with such projects. |
| (3) | A person who intends to organize a national forest management association shall meet the requirements for registration prescribed by Presidential Decree, such as requirements for human sources, and file an application for registration with the Minister of the Korea Forest Service. The same shall also apply to modifications to the registered matters. |
| (4) | Where a person who applies for registration pursuant to paragraph (3) meets the requirements for registration, the Minister of the Korea Forest Service shall register him/her as a national forest management association, and issue a certificate of registration to the person, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such case, the national forest management association shall not lend its certificate of registration to any third person. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where a national forest management association falls under any of the following cases, the Minister of the Korea Forest Service may order such association to suspend its business operation within a specified period not exceeding six months, or revoke the registration thereof: Provided, That where it falls under subparagraphs 1 through 3, he/she shall revoke registration: |
| 1. | Where it completes registration, or registration of modification by fraud or other improper means; |
| 2. | Where it implements forest projects during the period of business suspension or is issued with an order of business suspension on at least three occasions; |
| 3. | Where it lends its certificate to a third person, in violation of the latter part of paragraph (4); |
| 4. | Where it disorganizes the national forest management association; |
| 5. | Where it fails to meet any of the requirements for registration referred to in the former part of paragraph (3). |
| (6) | Any person for whom three years have not passed since his/her registration was revoked on any of the grounds provided for in paragraph (5) 1 through 3 shall be ineligible for registration pursuant to paragraph (3). |
| (7) | The organization, registration, registration of modification, revocation of registration, and suspension of business of national forest management associations, 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. 11456, Jun. 1, 2012]
| Article 23-3 (Support and Fostering of National Forest Management Associations) |
The Minister of the Korea Forest Service shall formulate and implement a policy for the sound fostering of national forest management associations pursuant to Article 23-2, and may partially subsidize the operation thereof, within budgetary limits. [This Article Newly Inserted by Act No. 11456, Jun. 1, 2012]
| Article 24 (Registration of Forest Project Corporations) |
| (1) | A person who intends to implement a forest project shall file an application for registration with the competent Mayor/Do Governor by each type of forest project prescribed by Presidential Decree, upon meeting all of the following requirements. Where he/she modifies important matters prescribed by Presidential Decree, from among the registered matters, he/she shall file an application to register such modification within the period prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs: <Amended by Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014; Act No. 16198, Jan. 8, 2019> |
| 2. | Requirements prescribed by Presidential Decree, such as technological capability and capital. |
| (2) | When an applicant for registration under paragraph (1) fully meets the requirements for registration, the competent Mayor/Do Governor shall register him/her as a corporation entitled to implement forest projects (hereinafter referred to as "forest project corporation"), and issue him/her a certificate of registration, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10481, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (3) | Upon having registered a forest project cooperation pursuant to paragraph (2), the competent Mayor/Do Governor shall publicly notify such registration. <Amended by Act No. 10481, Mar. 29, 2011> |
| (4) | No forest project corporation shall lend its certificate of registration to any third person. |
| (5) | Procedures for registering forest project corporations or any modification thereto, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of the Korea Forest Service may formulate and implement policies necessary to foster forest project corporations registered pursuant to paragraph (2). <Newly Inserted by Act No. 10481, Mar. 29, 2011> |
| (7) | Notwithstanding paragraph (1), the following entities may implement forest projects without being registered as a forest project corporation: <Newly Inserted by Act No. 12415, Mar. 11, 2014; Act No. 16198, Jan. 8, 2019> |
| 1. | The State or local governments; |
| 3. | Forestry cooperatives or the National Forestry Cooperatives Federation; |
| 4. | National forest management associations established pursuant to Article 23-2; |
| 5. | A person prescribed by Presidential Decree among timber producers registered under Article 24 of the Act on the Sustainable Use of Timbers (limited to felling standing timber to produce timber, excluding felling standing timber for forest-tending and preventing forest diseases and pests); |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 25 (Revocation, etc. of Registration of Forest Project Corporations) |
| (1) | Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may order the forest project corporation to make a correction within a prescribed period: <Amended by Act No. 9961, Jan. 25, 2010; Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | Where it fails to commence any ordered forest project without any justifiable ground pursuant to the schedule of project progress; |
| 2. | Where there is concern over the improper implementation of construction works due to its failure to implement the relevant forest project conscientiously, based on the result of confirmation by the ordering organization; |
| 2-2. | Where it fails to file an application for registration of any modification to important matters pursuant to the latter part of Article 24 (1) within the period prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs; |
| 3. | Where it fails to file a report, submit materials, or refuses an investigation or inspection, in violation of Article 67 (1). |
| (2) | If a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may suspend its business operation for a period not exceeding six months, or impose a penalty surcharge not exceeding 15 million won, in lieu of suspension of business: <Amended by Act No. 10481, Mar. 29, 2011> |
| 1. | Where it fails to satisfy any of the requirements for registration under Article 24 (1); |
| 2. | Where it fails to comply with a corrective order issued under paragraph (1). |
| (3) | Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor shall revoke its registration and publicly notify the fact: Provided, That if a forest project for which procedures for disposition is pending on any of the grounds prescribed under subparagraphs 1 through 3, discontinues its business before the procedures for disposition are completed, he/she shall not revoke its registration until such procedures for disposition are completed <Amended by Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012> |
| 1. | Where it is registered by fraudulent or other illegal means; |
| 2. | Where it lends its certificate of registration to any third person, in violation of Article 24 (4); |
| 3. | Where it implements a forest project during a period of business suspension, or is subject to business suspension on at least three occasions; |
| 4. | Where it discontinues its business. |
| (4) | Any corporation for which three years have yet to elapse after its registration is revoked on any ground prescribed under paragraph (3) 1 through 3 shall be ineligible for registration pursuant to Article 24 (1). |
| (5) | Detailed standards for administrative measures referred to in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offences. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 26 (Execution of Forest Projects after Receiving Disposition of Business Suspension, etc.) |
| (1) | A forest project corporation may, even after receiving a disposition of business suspension or registration revocation pursuant to Article 25 (2) and (3), continue to implement a forest project contracted before such disposition is taken. |
| (2) | Where the Mayor/Do Governor issues a disposition of business suspension or registration revocation pursuant to Article 25 (2) and (3), he/she shall post the details thereof on its Internet website, etc. and promptly notify a person who placed the order for the forest project, of such details. <Amended by Act No. 9961, Jan. 25, 2010; Act No. 10481, Mar. 29, 2011> |
| (3) | The person who placed the order for the forest project may rescind the contract only within 30 days from the day on which he/she receives notification under paragraph (2) from the forest project corporation or from the day on which he/she becomes aware of the disposition of business suspension or registration revocation against the corporation. |
| (4) | Where a forest project corporation whose registration is revoked continues to implement a forest project pursuant to paragraph (1), it shall be deemed a forest project corporation until the forest project is completed. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 27 Deleted. <by Act No. 15080, Nov. 28, 2017> |
| Article 28 (Designation of Special Forest Project Zones) |
| (1) | A forest owner who intends to perform a long-term project for developing and cultivating a forest on a large scale (hereinafter referred to as "special forest project operator") may prepare a plan to manage a special forest project zone (hereinafter referred to as "special forest project plan"), and file an application with the Minister of the Korea Forest Service or the competent Mayor/Do Governor, for designation of the relevant area as a special forest project zone. <Amended by Act No. 11456, Jun. 1, 2012> |
| (2) | Where the following applies to the forest for which an application is filed pursuant to paragraph (1), and the details of the special forest project plan are deemed proper, the Minister of the Korea Forest Service or the competent Mayor/Do Governor may designate the relevant area as a special forest project zone following consultation with the Minister of Environment: <Amended by Act No. 11456, Jun. 1, 2012> |
| 1. | The area of the forest shall be at least the scale determined by Presidential Decree; |
| 2. | The area of the land planned for the forest project, and the land available for forest management shall meet the standards determined by Presidential Decree. |
| (3) | When the Minister of the Korea Forest Service or a Mayor/Do Governor designates an area as a special forest project zone pursuant to paragraph (2), he/she shall publicly notify the location of the relevant forest, the name of the forest owner, and other matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs and inform the relevant forest owner thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | If a special forest project operator deems it necessary to promote efficiency in managing the relevant special forest project zone, he/she may operate his/her forest project simultaneously with any of the following: <Amended by Act No. 16198, Jan. 8, 2019> |
| 1. | Projects to create a nature recreational forest or an arboretum; |
| 2. | Youth training projects; |
| 3. | Projects for testing, research, development, and dissemination of forestry technology; |
| 4. | Projects to develop a foundation for settling residents in farming and mountain village, or to create sources of their income from forests; |
| 5. | Projects to cultivate landscape trees and bonsai trees; |
| 6. | Projects to develop and manage woodland burial grounds defined in subparagraph 14 of Article 2 of the Act on Funeral Services. |
| (6) | When a special forest project operator intends to amend any content of his/her special forest project plan, he/she shall obtain approval therefor from the Minister of the Korea Forest Service or the competent Mayor/Do Governor. <Amended by Act No. 11456, Jun. 1, 2012> |
| (7) | When a special forest project operator conducts a forest project pursuant to the special forest project plan within a special forest project zone designated under paragraph (2), he/she shall be deemed to have obtained permission for, or to have reported, on felling of standing timber, etc. under Article 36. |
| (8) | Where a special forest project operator intends to conduct a forest project pursuant to the special forest project plan, the Minister of the Korea Forest Service or a Mayor/Do Governor may provide a loan or subsidy to cover all or part of the project expenses. <Amended by Act No. 11456, Jun. 1, 2012> |
| (9) | Standards for preparing special forest project plans, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 29 (Rescission of Designation of Special Forest Project Zones) |
| (1) | The Minister of the Korea Forest Service or Mayor/Do Governor may wholly or partially rescind designation of a special forest project zone if it falls under any one of the following cases: Provided, That in cases falling under subparagraph 1, the designation shall be rescinded: <Amended by Act No. 11456, Jun. 1, 2012> |
| 1. | Where the special forest project operator has obtained the designation of the special forest project zone by fraudulent or other illegal means; |
| 2. | Where the objective of designation of the special forest project zone has been achieved, or it has become unachievable due to any natural disaster, etc.; |
| 3. | Where the rescission of the designation is deemed inevitable to use it as a site for industrial facilities, military facilities or any other official or public facilities determined by Presidential Decree; |
| 4. | Where the special forest project operator has failed to implement the forest project as specified in the special forest project plan without any justifiable ground. |
| (2) | When the designation of the special forest project zone is rescinded pursuant to paragraph (1), such fact shall be publicly notified and informed to the relevant forest owner. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 6 Forest Management Technicians
| Article 30 Deleted. <by Act No. 15080, Nov. 28, 2017> |
| Article 31 (Forest Management Technicians) |
| (1) | The Minister of the Korea Forest Service may assign forest management technicians to any forestry cooperatives or the National Forestry Cooperatives Federation, upon request by the president of the National Forestry Cooperative Federation, as prescribed by Presidential Decree, to vitalize the management of private forests, and to give guidance about and disseminate technologies related to forests and forest products. <Amended by Act No. 14360, Dec. 2, 2016> |
| (2) | The forest management technicians referred to in paragraph (1) shall perform such duties as giving guidance about forest management to private forest owners and research, study, guidance and dissemination of technologies related to forests and forest products. <Amended by Act No. 14360, Dec. 2, 2016> |
| (3) | The Minister of the Korea Forest Service may provide a financial support to fully or partially cover the costs required for assigning the forest management technicians under paragraph (1). |
| (4) | Qualification requirements for forest management technicians shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 7 Surveys of Forest Resources and Technology Development
| Article 32 (Surveys of Forest Resources) |
| (1) | The Minister of the Korea Forest Service shall survey forest resources on a regular basis, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014> |
| (2) | The Minister of the Korea Forest Service shall publish the results of the surveys conducted under paragraph (1). |
| (3) | A person who conducts a survey under paragraph (1) may enter a third person's forest or land, if necessary for such survey. In such cases, the person who intends to enter a third person's forest or land shall carry a certificate indicating his/her authority and produce it to the owner or occupant of the relevant forest or land. <Amended by Act No. 12415, Mar. 11, 2014> |
| (4) | A person who intends to enter a third person's forest or land pursuant to paragraph (3) shall notify the owner or occupant of such forest or land of his/her intention within three days prior to his/her entry. <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
| (5) | The Minister of the Korea Forest Service install necessary signs within a forest with the consent of the relevant forest owner or occupant, if necessary to enhance the accuracy and efficiency of the survey conducted under paragraph (1). <Amended by Act No. 12415, Mar. 11, 2014> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 33 (Building Databases on Forest Resources) |
| (1) | The Minister of the Korea Forest Service may build and operate a forest resource information system to efficiently utilize the survey data on forest resources under Article 32 and other data necessary for managing forests. |
| (2) | The Minister of the Korea Forest Service may request the heads of related central administrative agencies, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions, or government-invested institution to submit data necessary to build the forest resource information system under paragraph (1). In such cases, the heads of the agencies so requested shall comply therewith except in extenuating circumstances. |
| (3) | Matters to be managed by the forest resource information system under paragraph (1), procedures for administration thereof, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 34 (Formulation, etc. of Master Plans for Forest Science and Technology) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a ten-year master plan for forest science and technology, as prescribed by Presidential Decree, to promote the research and development of forest science and technology related to creating, developing, and utilizing forest resources; promoting public utility of forest resources; etc. |
| (2) | The Minister of the Korea Forest Service shall manage and evaluate research and development projects for forest science and technology and utilize outcomes of the projects according to the relevant master plan for forest science and technology formulated under paragraph (1). <Newly Inserted by Act No. 14360, Dec. 2, 2016> |
| (3) | The Minister of the Korea Forest Service may permit national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to jointly conduct the research and development of forest science and technology referred to in paragraph (1). <Amended by Act No. 14987, Oct. 31, 2017> |
| (4) | The Minister of the Korea Forest Service may grant a contribution or subsidy to national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to use it for conducting joint research referred to in paragraph (3). <Amended by Act No. 9961, Jan. 25, 2010; Act No. 14360, Dec. 2, 2016; Act No. 14987, Oct. 31, 2017> |
| (5) | Joint research projects referred to in paragraph (3), and other matters necessary for conducting such joint research projects shall be determined by Presidential Decree. <Amended by Act No. 14360, Dec. 2, 2016> |
| (6) | The Minister of the Korea Forest Service may authorize the Korea Forestry Promotion Institute established under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute") to perform, on its behalf, duties to manage, evaluate, and utilize the outcomes, of the research and development projects for forest science and technology referred to in paragraph (2), where deemed necessary to efficiently implement such research and development projects for forest science and technology. <Newly Inserted by Act No. 14360, Dec. 2, 2016> |
| (7) | Any person who performs duties on behalf of the Korea Forest Service pursuant to paragraph (6) shall report results of performing the duties to the Minister of the Korea Forest Service each year, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 14360, Dec. 2, 2016> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 35 (Transfer of Research and Development Outcomes) |
| (1) | Where an enterprise that has participated in joint research uses the outcomes from the joint research and development conducted by an affiliate research institute and the enterprise pursuant to Article 34 (3), the Minister of the Korea Forest Service may collect royalties from the enterprise or exempt such enterprise from royalties. <Amended by Act No. 14360, Dec. 2, 2016> |
| (2) | The Minister of the Korea Forest Service may provide a monetary reward to public officials who have participated in the relevant research and development, as prescribed by Presidential Decree, within the limit of royalties collected under paragraph (1). |
| (3) | Where a subordinate public official applies for a patent (including utility models; hereafter the same shall apply in this Article) on any technology researched and developed in connection with his/her duties, and if the use or industrialization of such technology is deemed to contribute to promoting public interests even before the registration of the patent, the Minister of the Korea Forest Service may allow a person who desires to use or industrialize the technology to do so prior to the registration of the patent, in consultation with the Commissioner of the Korean Intellectual Property Office. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
SECTION 8 Dissemination and Management of Rose of Sharon
| Article 35-2 (Formulation, Implementation, etc. of Promotion Plans for Rose of Sharon) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a promotion plan for Rose of Sharon every five years to systematically disseminate and manage Rose of Sharon with historical and cultural value. |
| (2) | The promotion plan for Rose of Sharon shall include the following: |
| 1. | Basic objectives of, and direction-setting for, the dissemination and management of Rose of Sharon; |
| 2. | Status of, and plans for, the dissemination and management of Rose of Sharon; |
| 3. | Preservation, research, and development of varieties of Rose of Sharon; |
| 4. | Production infrastructure for Rose of Sharon; |
| 5. | Facilitation of the use of Rose of Sharon, such as developing products and contents related to Rose of Sharon; |
| 6. | Any other matters prescribed by Presidential Decree in relation to the dissemination and management of Rose of Sharon. |
| (3) | To formulate or amend a promotion plan for Rose of Sharon, the Minister of the Korea Forest Service shall first hear from the heads of relevant central administrative agencies and the Mayors/Do Governors. |
| (4) | Upon formulating or amending a promotion plan for Rose of Sharon, the Minister of the Korea Forest Service shall notify such plan to the heads of relevant central administrative agencies and the Mayors/Do Governors, who shall in turn notify such plan to the heads of Sis/Guns/Gus. |
| (5) | Other matters necessary for the formulation, etc. of promotion plans for Rose of Sharon shall be prescribed and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
| Article 35-3 (Formulation, Implementation, etc. of Annual Implementation Plans) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan to execute the promotion plan for Rose of Sharon each year. |
| (2) | A Mayor/Do Governor may formulate and implement an annual implementation plan for the dissemination and management of Rose of Sharon for his/her jurisdiction, according to the relevant promotion plan for Rose of Sharon. |
| (3) | The Minister of the Korea Forest Service may fully or partially subsidize dissemination and management of Rose of Sharon, for any Mayor/Do Governor who formulates and implements an annual implementation plan for the dissemination and management of Rose of Sharon pursuant to paragraph (2). |
| (4) | The method and procedures for formulating annual implementation plans under paragraphs (1) and (2), contents of the plans, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
| Article 35-4 (Fact-Finding Surveys on Rose of Sharon) |
| (1) | To efficiently formulate and implement promotion plans for Rose of Sharon, the Minister of the Korea Forest Service may conduct a fact-finding survey on the status, etc. of the dissemination and management of Rose of Sharon. |
| (2) | The Minister of the Korea Forest Service may require the heads of relevant central administrative agencies, heads of local governments, heads of public institutions, heads of relevant institutions or organizations, etc. to provide necessary data or information, where necessary for a fact-finding survey. The heads of relevant central administrative agencies, etc. so requested shall comply, except in extenuating circumstances. |
| (3) | The scope and method of the fact-finding survey referred to in paragraph (1), and any other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
| Article 35-5 (Planting, Management, etc. of Roses of Sharon by State Agencies) |
| (1) | The heads of State agencies, heads of local governments, heads of public institutions, and principals of all levels of schools shall endeavor to plant more Rose of Sharon in land under their jurisdiction and to manage the planed Rose of Sharon to enhance people's love for, and pride in, Rose of Sharon. |
| (2) | When planting Rose of Sharon, the State and local governments shall preferentially plant the varieties or species of Rose of Sharon prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
| Article 35-6 (Subsidization for Activities of Private Organizations, etc.) |
To revitalize the dissemination, management, research, and development of Rose of Sharon, the State and local governments may provide a subsidy to any corporation or organization prescribed by Presidential Decree to help it to cover the expenses incurred in relation to its operation.
[This Article Newly Inserted by Act No. 14360, Dec. 2, 2016]
CHAPTER III USE OF FOREST RESOURCES
| Article 36 (Permission, Reporting, ect. of Felling Standing Timber, etc.) |
| (1) | Any person who intends to fell standing timber or to extract and gather forest products (excluding stones, earth, and sand defined in subparagraphs 4 and 5 of Article 2 of the Mountainous Districts Management Act; hereafter the same shall apply in this Article) (hereinafter referred to as "felling standing timber, etc."; hereinafter the same shall apply) within any forest (excluding forests for seed collection, etc. designated under Article 19 and forest protection zones designated under Article 7 of the Forest Protection Act; hereafter the same shall apply in this Article) 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 director general of the relevant regional office of forest service, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. This shall also apply where he/she intends to alter any important matters prescribed by Presidential Decree, among the permitted matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9763, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service shall not grant permission to fell standing timber, etc. under paragraph (1) within the areas prescribed by Presidential Decree, in which forests need protection to preserve the national land and nature; to protect cultural heritage and key facilities of the State; and to promote public interests: Provided, That the foregoing shall not apply to felling standing timber, etc. on the grounds prescribed by Presidential Decree, including prevention and extermination of fungi, harmful insects, etc. <Amended by Act No. 14987, Oct. 31, 2017> |
| (3) | Upon receipt of an application for permission to fell standing timber, etc. under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service shall grant permission, if deemed appropriate in consideration of the matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, such as the purposes of such felling, and the appropriateness of felling relevant things. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (4) | Notwithstanding paragraph (1) and the proviso of paragraph (2), a person who intends to fell standing timber, etc. due to any cause prescribed by Presidential Decree, such as removing trees damaged by fungi, harmful insects, a forest fire, or any other natural disaster, may do so after reporting such activity to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the director general of the relevant regional office of forest service, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14987, Oct. 31, 2017> |
| (5) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service shall notify the relevant applicant of grant or denial of permission within seven days after receipt of the application for permission under paragraph (1) or the proviso of paragraph (2); and of acceptance or rejection of a report within five days after receipt of the report under paragraph (4). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (6) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service fails to notify the applicant of grant or denial of permission; of acceptance or rejection of a report; or an extension of the processing period permitted pursuant to statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (5), the permission or report shall be deemed granted or accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (7) | Notwithstanding paragraph (1), the proviso of paragraph (2), and paragraph (4), felling standing timber, etc. prescribed by Presidential Decree, such as mowing, pruning, and thinning for growing young trees, may be performed without permission or reporting thereon. <Amended by Act No. 14987, Oct. 31, 2017> |
| (8) | Where permission is granted to fell standing timber, etc. or such felling is reported pursuant to paragraph (1), the proviso of paragraph (2), and paragraph (4), a report on the temporary use of a mountainous district shall be deemed filed under Article 15-2 of the Mountainous Districts Management Act in relation to opening a road for transporting forestry products and logging roads necessary for felling standing timber, etc. <Amended by Act No. 10331, May 31, 2010; Act No. 12415, Mar. 11, 2014> |
| (9) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service shall verify and inspect whether felling standing timber, etc. under paragraph (1), the proviso of paragraph (2), and paragraph (4) has been appropriately performed, as permitted or reported, and the road for transporting forestry products and logging roads opened under paragraph (8) have been appropriately restored. <Newly Inserted by Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| (10) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service may authorize any of the following entities to conduct inspections and verifications under paragraph (9) on his/her behalf: <Newly Inserted by Act No. 12415, Mar. 11, 2014; Act No. 14360, Dec. 2, 2016; Act No. 14987, Oct. 31, 2017; Act No. 15080, Nov. 28, 2017> |
| 1. | A forestry cooperative or the National Forestry Cooperative Federation; |
| 3. | The Korea Forestry Promotion Institute; |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 36-2 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
Executive officers and employees of the Korea Forestry Promotion Institute that perform duties to manage, evaluate, and utilize outcomes on behalf of the Korea Forest Service under Article 34 (6) and executive officers and employees of agencies and associations that conduct inspections and verifications on behalf of a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service under Article 36 (10), shall be deemed public officials for purposes of penalty provisions in Articles 129 through 132 of the Criminal Act. <Amended by Act No. 14360, Dec. 2, 2016; Act No. 14987, Oct. 31, 2017> [This Article Newly Inserted by Act No. 12415, Mar. 11, 2014]
| Article 36-3 (Revocation, etc. of Permits for Felling Standing Timber, etc.) |
Where any of the following applies to a person who has obtained a permit for felling standing timber, etc., or reported thereon pursuant to paragraph (1), the proviso of paragraph (2), or paragraph (4) of Article 36, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the director general of the relevant regional office of forest service may revoke such permit, suspend felling of standing timber, etc., or order other necessary measures: Provided, That if subparagraph 1 applies to such permit-holder, he/she must revoke such permit, suspend felling of standing timber, etc., or order other necessary measures: <Amended by Act No. 14987, Oct. 31, 2017> | 1. | Where he/she has obtain permission or reported by fraud or other improper means; |
| 2. | Where he/she fails to fell standing timber, etc. as permitted or reported without just cause; |
| 3. | Where felling standing timber, etc. permitted or reported on becomes impossible due to a forest incident, etc. |
[This Article Newly Inserted by Act No. 12415, Mar. 11, 2014]
| Article 37 (Promoting Use of Wood, etc.) |
| (1) | The Minister of the Korea Forest Service may establish and implement policies necessary for promoting the use of forest products, and for developing the wood industry. |
| (2) | The Minister of the Korea Forest Service may designate and manage a forest that requires sustainable management to ensure the stable supply of, and demand for wood, and to increase availability of superior wood, as an economic forest development complex. |
| (3) | To lead forest management, the Minister of the Korea Forest Service may select and foster a complex in an exemplary condition of management among the economic forest development complexes designated under paragraph (2), as a model forest management complex, if necessary. <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
| (4) | If deemed necessary to accelerate the use and supply of forest biomass energy, the Minister of the Korea Forest Service may perform a project to distribute such forest biomass energy, such as installation of facilities for producing forest biomass energy, distribution of burners, and development of related technology, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Newly Inserted by Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 38 (Management of Corporate Forests) |
| (1) | A person who uses or processes forest products, and intends to conduct a business prescribed by Presidential Decree may manage a corporate forest for the supply of raw materials. |
| (2) | A person who intends to manage a corporate forest shall prepare a corporate forest management plan and obtain designation of a corporate forest management zone from the Mayor/Do Governor having jurisdiction over the location of the relevant forest, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Upon receipt of an application for designation under paragraph (2), a Mayor/Do Governor shall designate the relevant area as a corporate forest management zone unless any of the following applies to the forest applied for designation. In such cases, where a State forest is included in the corporate forest management zone, he/she shall seek consultation with the head of the relevant regional forest office: |
| 1. | Where the area of the forest is less than 30,000 square meters; |
| 2. | Where the applicant fails to obtain a proprietary right, or right of use or beneficiary right to the relevant forest for the period of the relevant forest management plan or longer (in cases of State forests, referring to where he/she fails to obtain permission for lease or use); |
| 3. | Where the contents of the relevant corporate forest management plan are deemed inappropriate for efficiently creating and managing the relevant forest; |
| 4. | Where the application violates any of the restrictions imposed under this Act or other Acts. |
| (4) | Upon designating a corporate forest management zone pursuant to paragraph (3), the Mayor/Do Governor shall publicly notify matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, such as the location of the relevant forest and the name of the corporate forest owner, and inform the corporate forest owner of such designation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The right timing for felling trees by type of trees and standards for felling and extraction in forests designated as corporate forest management zones 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; Act No. 14987, Oct. 31, 2017> |
| (7) | A person who intends to conduct a business that requires felling of standing trees, etc. in a corporate forest management zone shall report thereon to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest office. In such cases, he/she shall be deemed to have obtained a permit, or have reported to fell standing trees, etc. |
| (8) | 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 relevant reporter of acceptance or rejection of a report within seven days after receipt of the report under the former part of paragraph (7). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (9) | 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 relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes relating to the processing of civil petitions, within the period specified in paragraph (8), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes relating to the processing of civil petitions). <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
| (10) | A person who manages a corporate forest shall obtain approval from the Mayor/Do Governor to modify the corporate forest management plan. |
| (11) | Article 13 (3) shall apply mutatis mutandis to the preparation of corporate forest management plans pursuant to paragraph (2). |
[This Article Wholly Amended by Act No. 11456, Jun. 1, 2012]
| Article 38-2 (Rescission of Designation of Corporate Forest Management Zones) |
| (1) | Where it falls under any of the following cases, the Mayor/Do Governor may rescind all or part of the designation of a corporate forest management zone: Provided, That in a case falling under subparagraph 1, he/she shall rescind the whole designation: |
| 1. | Where the owner of corporate forest has obtained designation of a corporate forest management zone by deceit or other fraudulent methods; |
| 2. | Where the purpose of designating a corporate forest management zone has been attained or is unattainable due to natural disaster, etc.; |
| 3. | Where the rescission of designation is recognized as necessary to use it for a site for official or public facilities prescribed by Presidential Decree, such as industrial facilities or military facilities.; |
| 4. | Where the owner of corporate forest fails to carry on forest business in accordance of the contents of corporate forest management plan without justifiable reasons. |
| (2) | Where the Mayor/Do Governor rescinds the designation of a corporate forest management zone as prescribed in paragraph (1), he/she shall publicly notify matters concerning Article 38 (4) and inform the owner of the forest of such fact. |
[This Article Newly Inserted by Act No. 11456, Jun. 1, 2012]
| Article 39 Deleted. <by Act No. 11429, May 23, 2012> |
| Article 40 (Restrictions, etc. on Distribution of Forest Products) |
| (1) | If deemed necessary to regulate the supply of, and demand for forest products, and to establish their orderly distribution, and to ensure the safety of forest products, the Minister of the Korea Forest Service may restrict the distribution, production, or use of forest products prescribed by Presidential Decree. In such cases, the grounds for, and details of, such restrictions shall be publicly notified in advance. |
| (2) | Deleted. <by Act No. 11429, May 23, 2012> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 41 (Recommendation, etc. for Import of Forest Products) |
| (1) | Persons intending to import forest products at the concession tariff rates applicable to the market access quota from the Republic of Korea's Schedules of Concessions, pursuant to the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall obtain a recommendation from the Minister of the Korea Forest Service on the imported items, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the recommended volume and standards for recommendation by items, and other necessary matters regarding recommendation shall be determined and publicly notified by the Minister of the Korea Forest Service. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of the Korea Forest Service may require the National Forestry Cooperatives Federation and other forest-specialized organizations or distribution-related organizations to perform duties regarding recommendations for import of forest products referred to in paragraph (1) as agent. |
| (3) | The Minister of the Korea Forest Service may, as prescribed by Ordinance of the Ministry for Agriculture, Food, and Rural Affairs, impose and collect import profits within the limits of the difference between domestic selling prices and import prices from those who import the forest products determined by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs among those referred to in paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Import profits referred to in paragraph (3) shall be deposited into the Special Accounts of Structural Improvement of Agricultural and Fishing Villages under the Act on the Special Account for Agriculture and Fisheries Structure Adjustment, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12412, Mar. 11, 2014> |
| (5) | If import profits referred to in paragraph (3) are not paid by the payment due date, such import profits may be collected in the same manner as delinquent national taxes are collected. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
CHAPTER IV PROMOTION OF PUBLIC FUNCTIONS OF FORESTS
SECTION 1 Preservation, etc. of Forests
| Article 42 (Preservation of Forest Biodiversity) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a master plan for forest biodiversity to promote the preservation of forest biodiversity, the sustainable use of forests, etc. |
| (2) | The Minister of the Korea Forest Service and the heads of local governments shall endeavor to implement projects determined by Presidential Decree, including creating ecological forests and arboretums to preserve and manage the biodiversity of the forests under their jurisdiction. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 42-2 (Basic Principles of Forest Restoration) |
The following basic principles shall apply in conducting forest restoration:
| 1. | The forest ecosystem shall, as the property of all citizens, be conserved, managed, and sustainably used in a way that serves public interest; |
| 2. | Living organisms in a forest shall be ecologically protected, and the biodiversity of a forest shall be maintained and promoted; |
| 3. | The vegetation shall be restored using native plants and natural materials suitable for the terrain and location of a forest so as to secure the habitats and functions of a forest; |
| 4. | The ecosystem balance within a forest shall not be destroyed, and its value shall not be undermined; |
| 5. | The organic linkages of planning, monitoring and evaluation shall be strengthened in conducting forest restoration. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-3 (Formulation, etc. of Master Plans for Forest Restoration) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a master plan for forest restoration (hereinafter referred to as “master plan”) every 10 years in order to efficiently promote forest restoration. |
| (2) | A master plan referred to in paragraph (1) shall include the following: |
| 1. | The basic objectives of forest restoration and the direction-setting for implementation thereof; |
| 2. | The policies for promoting forest restoration; |
| 3. | Matters concerning the sites subject to forest restoration (referring to forests prescribed in Article 4), the forest restoration project and its follow-up management; |
| 4. | Matters concerning information management related to forest restoration; |
| 5. | Matters concerning nurturing technical personnel for forest restoration; |
| 6. | Matters concerning international exchange of forest restoration technology; |
| 7. | Other matters for promoting forest restoration. |
| (3) | In cases of drastic changes in conditions surrounding forest restoration, economic conditions, etc., the Minister of the Korea Forest Service may amend a master plan referred to in paragraph (1). |
| (4) | Where the Minister of the Korea Forest Service intends to formulate or amend a master plan pursuant to paragraphs (1) and (3), he/she shall hear opinions of the heads of the relevant central administrative agencies and the heads of the competent local governments in advance. |
| (5) | The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan based on a master plan (hereinafter referred to as “implementation plan”) and endeavor to secure financial resources necessary therefor. |
| (6) | Where the Minister of the Korea Forest Service formulates or amends a master plan or an implementation plan, he/she shall notify it to the heads of the relevant central administrative agencies and the heads of local governments and submit it to the competent standing committee of the National Assembly. |
| (7) | Where the Minister of the Korea Forest Service formulates or amends a master plan or an implementation plan, he/she shall announce it as prescribed by Presidential Decree. |
| (8) | Where it is necessary to formulate a master plan or an implementation plan, the Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies or the heads of local governments to submit relevant data. In such cases, the heads of the relevant agencies in receipt of such request to submit data shall comply therewith, unless there is a compelling reason not to do so. |
| (9) | The head of a local government and the director general of a regional office of forest service shall formulate and implement an annual regional plan for forest restoration (hereinafter referred to as “regional plan”) for regions under his/her jurisdiction according to an implementation plan referred to in paragraph (5). |
| (10) | Matters necessary for formulating, implementing, amending, etc. a master plan, implementation plan, or regional plan shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-4 (Deliberation on Master Plan, etc. for Forest Restoration) |
| 1. | Matters concerning formulating a master plan (including any amended master plan); |
| 2. | Matters concerning formulating an implementation plan; |
| 3. | Matters concerning a plan for restoring large-size land that has been damaged or land that has suffered a large-scale forest fire; |
| 4. | Other matters deemed necessary by the Minister of the Korea Forest Service in relation to forest restoration and referred to the Central Mountainous District Management Committee. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-5 (Fact-Finding Surveys on Sites Subject to Forest Restoration) |
| (1) | The head of a local government and the director general of a regional office of forest service shall conduct a fact-finding survey on damaged forests each year so as to restore such damaged forests. |
| (2) | The head of a local government and the director general of a regional office of forest service shall report to the Minister of the Korea Forest Service on the actual status of damaged forests surveyed under paragraph (1) and shall, upon receipt of a request for submission of data from the Minister of the Korea Forest Service, comply therewith unless there is a compelling reason not to do so. |
| (3) | Matters necessary for the details, methods, procedures, etc. of a fact-finding survey referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-6 (Evaluating Feasibility of Forest Restoration Projects) |
| (1) | Before performing any forest restoration project, the head of a local government and the director general of a regional office of forest service shall comprehensively evaluate the feasibility of the relevant forest restoration project by reviewing the necessity, suitability, environmental impacts, etc. of forest restoration. |
| (2) | Matters necessary for the criteria, methods, procedures, etc. of feasibility evaluation referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-7 (Planning, Implementation, etc. of Forest Restoration Projects) |
| (1) | A forest restoration project shall be a project of the State or a local government. |
| (2) | Any person who intends to conduct a forest restoration project (hereinafter referred to as "forest restoration project operator") shall prepare a plan for implementing the forest restoration project (hereinafter referred to as "forest restoration project plan"), as prescribed by Presidential Decree. |
| (3) | A forest restoration project plan referred to in paragraph (2) shall include the following matters: |
| 1. | The necessity and goal of the project; |
| 2. | The location of an area subject to the project, actual status, project period, and total project cost; |
| 3. | Major usage methods and a plan for expert utilization; |
| 4. | Follow-up monitoring and a plan for evaluation; |
| 5. | Other matters deemed necessary to implement the project. |
| (4) | The construction of a forest restoration project may be conducted by a forest project corporation in the field of forest civil engineering (subparagraph 4 of attached Table 1 of the Enforcement Decree) among the forest project corporations registered under Article 24 or by a forestry cooperative or the National Forestry Cooperatives Federation referred to in subparagraph 7 of Article 2 of the Act on Promotion and Management of Forestry Technology. |
| (5) | The cost of a forest restoration project referred to in paragraph (1) shall be borne by the State in cases of national forests, and the State may fully or partially subsidize the cost, in cases of public forests or private forests: Provided, That where there is a causer, the causer shall bear the cost. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-8 (Follow-Up Monitoring of Forest Restoration Sites) |
| (1) | After completing a forest restoration project, the Minister of the Korea Forest Service and the head of a local government shall monitor the relevant forest restoration project for at least 10 years regarding the achievement of its restoration goal, vegetation resilience, etc.: Provided, That the foregoing shall not apply to a forest restoration site below the scale prescribed by Presidential Decree. |
| (2) | For the purpose of follow-up monitoring prescribed in paragraph (1), the Minister of the Korea Forest Service may designate any of the following institutions or organizations as a monitoring agency: |
| (3) | Matters necessary for the criteria, procedures, methods, details, etc. for follow-up monitoring referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-9 (Materials, etc. for Forest Restoration) |
| (1) | The Minister of the Korea Forest Service and the head of a local government shall use native plants and natural materials, such as soil, stones and trees, when conducting any forest restoration project. |
| (2) | The Minister of the Korea Forest Service shall endeavor to facilitate the supply and demand of native plants and natural materials related to forest restoration prescribed in paragraph (1), and formulate and promote the support policies for fostering related industries. |
| (3) | Detailed criteria concerning the supply of native plants and natural materials, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-10 (Nurturing Experts for Forest Restoration) |
| (1) | The Minister of the Korea Forest Service may formulate and promote policies for nurturing experts related to forest restoration. |
| (2) | In order to nurture experts referred to in paragraph (1), the Minister of the Korea Forest Service may designate an institution or organization designated pursuant to Article 7 (4) of the Act on Promotion and Management of Forestry Technology as an educational institution. |
| (3) | Any person who intends to conduct construction of a forest restoration project pursuant to Article 42-7 (4) shall receive education and training prescribed in Article 7 (2) of the Act on Promotion and Management of Forestry Technology in order to acquire knowledge necessary to perform the relevant duties. |
| (4) | The Minister of the Korea Forest Service may fully or partially subsidize expenses incurred in nurturing experts for an educational institution designated under paragraph (2). |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 42-11 (Designation, etc. of Forest Restoration Support Center) |
| (1) | The Minister of the Korea Forest Service may designate any of the following institutions or organizations as a forest restoration support center (hereinafter referred to as "support center") in order to develop, support, etc. forest restoration policies: |
| 1. | An institution or organization referred to in Article 42-8 (2); |
| (2) | The support center shall perform the following duties: |
| 1. | Development of and support for forest restoration policies; |
| 2. | Investigation, analysis, and management of damaged land, and information build-up and operation; |
| 3. | Research and development and support, including standardizing forest restoration technology and developing manuals; |
| 4. | On-site consulting and monitoring of forest restoration projects; |
| 5. | Matters concerning exchange and cooperation related to forest restoration, and entry into overseas markets; |
| 6. | Other matters deemed necessary by the Minister of the Korea Forest Service to support forest restoration projects. |
| (3) | In any of the following cases, the Minister of the Korea Forest Service shall revoke the designation of a support center referred to in paragraph (1): |
| 1. | Where the support center has been designated or operated by fraud or other improper means; |
| 2. | Where it is recognized that it will be difficult to achieve the designated purpose of the support center or it is inappropriate to maintain the support center as a result of evaluating its performance records; |
| 3. | In other cases where the Minister of the Korea Forest Service deems that there is no need to maintain the support center. |
| (4) | A hearing shall be held where it is intended to revoke the designation of the support center pursuant to paragraph (3). |
| (5) | The Minister of the Korea Forest Service may subsidize necessary expenses incurred in performing duties for a support center. |
| (6) | Matters necessary for the procedures for designating and revoking the designation of a support center, evaluation of its operational performance, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Articles 43 through 46 Deleted. <by Act No. 9763, Jun. 9, 2009> |
| Article 47 (Designation, etc. of Experimental Forests) |
| (1) | The Minister of the Korea Forest Service or a Mayor/Do Governor may designate forests suitable for developing forest science and technology or using them for testing and research purposes, as experimental forests. <Amended by Act No. 12415, Mar. 11, 2014> |
| (2) | The Minister of the Korea Forest Service or a Mayor/Do Governor who has designated an experimental forest shall endeavor to protect and manage the experimental forest to serve the objectives of such designation, and may designate a manager if deemed necessary for managing such experimental forest. <Amended by Act No. 12415, Mar. 11, 2014> |
| (3) | The Minister of the Korea Forest Service or a Mayor/Do Governor may issue orders necessary for protecting and managing an experimental forest to the owner or manager of the experimental forest, and subsidize such protection and management, as prescribed by Presidential Decree. <Amended by Act No. 12415, Mar. 11, 2014> |
| (4) | The Minister of the Korea Forest Service or a Mayor/Do Governor may wholly or partially rescind designation of an experimental forest if: <Amended by Act No. 12415, Mar. 11, 2014> |
| 1. | It is deemed unnecessary to maintain it as an experimental forest, because the objectives of designation have been achieved; |
| 2. | It is deemed that the objectives of designation have become unachievable due to any damage caused by a natural disaster, etc., or any other cause determined by Presidential Decree; |
| 3. | It is deemed inevitable to rescind designation to use the experimental forest as a site for military facilities, or other official or public facilities determined by Presidential Decree, or for public interests. |
| (5) | Upon designating an experimental forest or rescinding designation of such experimental forest under paragraphs (1) and (4), the Minister of the Korea Forest Service or the Mayor/Do Governor shall publicly notify the fact and inform the relevant owners and managers thereof. <Amended by Act No. 12415, Mar. 11, 2014> |
| (6) | Procedures for the designation, management, and rescission of designation of experimental forests, 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 Wholly Amended by Act No. 9763, Jun. 9, 2009]
| Article 48 Deleted. <by Act No. 14360, Dec. 2, 2016> |
| Articles 49 and 50 Deleted. <by Act No. 9763, Jun. 9, 2009> |
| Article 51 (Formulation and Implementation of Plans to Preserve and Manage Trees, etc.) |
| (1) | The Minister of the Korea Forest Service or a Mayor/Do Governor may formulate and implement a plan to preserve and manage trees or forests (hereinafter referred to as "trees, etc.") deemed in need of special management to protect the ecology, scenery, etc. against any damage from weather, air pollution, acid rain, fungi, harmful insects, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of the Korea Forest Service or the Mayor/Do Governor shall consult the heads of the relevant administrative agencies when he/she intends before formulating a plan to preserve and manage trees, etc. <Amended by Act No. 11456, Jun. 1, 2012> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 51-2 (Designation and Management of Areas for Special Species of Trees, such as Geumgang Pine Tree Forest) |
| (1) | The Minister of the Korea Forest Service may designate and manage an area to grow special species of trees in need of intensive protection and nurturing, such as Geumgang pine tree forest, having historical, cultural, and resource value. |
| (2) | To designate an area to grow special species of trees pursuant to paragraph (1), the Minister of the Korea Forest Service shall first hear opinions of the competent Mayor/Do Governor and experts on forests. <Amended by Act No. 14360, Dec. 2, 2016> |
| (3) | The requirements and procedures for the designation of areas to grow special species of trees pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 14360, Dec. 2, 2016> |
[This Article Newly Inserted by Act No. 11456, Jun. 1, 2012]
| Article 51-3 (Change or Rescission of Designation of Areas to Grow Special Species of Trees) |
Where an area to grow special species of trees designated under Article 51-2 (1) falls under any of the following cases, the Minister of the Korea Forest Service may change or rescind designation: | 1. | Where the objective of such designation is deemed achieved or such objective is deemed unachievable due to any natural disaster, etc.; |
| 2. | Where it is inevitable to use it as a site for official or public facilities prescribed by Presidential Decree, such as industrial facilities or military facilities; |
| 3. | Where it is necessary to rescind such designation at the request of the Mayor/Do Governor to develop the relevant local community or for industrial development. |
[This Article Newly Inserted by Act No. 11456, Jun. 1, 2012]
| Article 51-4 (Support for Areas to Grow Special Species of Trees) |
| (1) | The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may give priority to a forestry project in an area to grow special species of trees when providing funds for forestry projects. |
| (2) | The Minister of the Korea Forest Service may appoint specialized researchers, etc. necessary to continuously preserve and grow the special species of trees in the relevant areas. |
[This Article Newly Inserted by Act No. 11456, Jun. 1, 2012]
| Article 51-5 (Investigation and Evaluation of Impacts of Climate Change on Forests and Their Vulnerability) |
| (1) | The Minister of the Korea Forest Service shall investigate and evaluate the impacts of climate change, such as global warming, on forests and their vulnerability (hereafter in this Article referred to as “investigation and evaluation of the impacts of climate”) every five years in order to ensure the sustainable conservation and use of forests, announce the results of such investigation and evaluation, and utilize them as basic data for policy-making. |
| (2) | The Minister of the Korea Forest Service may conduct a fact-finding survey to secure basic data and prepare statistics necessary for investigation and evaluation of the impacts of climate. |
| (3) | The Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies, the heads of local governments, or the heads of forest-related institutions or organizations to submit data necessary for investigation and evaluation of the impacts of climate or to provide cooperation in a fact-finding survey referred to in paragraph (2). In such cases, the heads of the relevant central administrative agencies, etc. in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (4) | Matters necessary for the details, methods, etc. of investigation and evaluation of the impacts of climate and a fact-finding survey referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. |
[This Article Newly Inserted by Act No. 16198, Jan. 8, 2019]
| Article 52 Deleted. <by Act No. 9763, Jun. 9, 2009> |
SECTION 2 (Articles 53 through 57) Deleted.
SECTION 3 Funds for Environmental Function of Forest
| (1) | The Minister of the Korea Forest Service shall establish a fund to promote the environment functions of forests (hereinafter referred to as the "Green Fund") to support projects funds and expenses incurred in protecting the forest environment; promoting forest functions; and developing overseas forest resources. |
| (2) | The Green Fund shall be managed and administered by the Minister of the Korea Forest Service. |
| (3) | The Green Fund shall be established with the following financial resources: |
| 1. | Contributions from persons, other than the Government; |
| 3. | Revenues from the management of the Green Fund; |
| 4. | Other revenues prescribed by Presidential Decree. |
| (4) | The Green Fund may be used for the following projects to promote the environmental functions of forests and to develop overseas forest resources: <Amended by Act No. 13255, Mar. 27, 2015; Act No. 16198, Jan. 8, 2019> |
| 1. | Improving the forest environment to supply clean water; |
| 2. | Creating forests and urban forests to prevent environmental pollution and to preserve scenery; |
| 3. | Building and operating facilities for forest activities of youth, etc. and conducting other related education and public relations; |
| 4. | Creating and operating arboretums, recreational forests, and woodland burial grounds; |
| 5. | Educating persons engaging in forestry and promoting their welfare in relation to the promotion of the environmental functions of forests; |
| 6. | Promoting the environmental functions of overseas forests; |
| 7. | Securing overseas forest resources; |
| 8. | Promoting forest welfare; |
| 9. | Other projects prescribed by Presidential Decree to promote the environmental functions of forests. |
| (5) | When an agency or organization prescribed by Presidential Decree performs any of the projects referred to in the subparagraphs of paragraph (4), preferential subsidization from the Green Fund may be provided to cover the associated expenses. |
| (6) | Other matters necessary for the management and administration of the Green Fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 59 (Formulation, etc. of Green Fund Management Plans) |
| (1) | The Minister of the Korea Forest Service shall formulate a Green Fund management plan each fiscal year, including: |
| 1. | Matters relating to the revenue and expenditure of the Green Fund; |
| 2. | A plan to use the Green Fund; |
| 3. | Other matters deemed by the Minister of the Korea Forest Service necessary for managing the Green Fund. |
| (2) | The Minister of the Korea Forest Service shall formulate Green Fund management plans, considering any overlaps with other budget, public interests, etc., and manage the Green Fund transparently and efficiently. <Newly Inserted by Act No. 9961, Jan. 25, 2010> |
| (3) | Considerations to be given when formulating Green Fund management plans under paragraph (2), and matters necessary for the management of the Green Fund, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9961, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 59-2 (Reporting on Settlement of Accounts of Green Fund to National Assembly) |
The Minister of the Korea Forest Service shall prepare the settlement of accounts of the Green Fund each fiscal year, and report it to the competent standing committee of the National Assembly within two months after the end of the relevant fiscal year, along with:
| 1. | Documents on the summary and analysis of the settlement of accounts of the Green Fund; |
| 2. | A closing statement of the Green Fund; |
| 3. | Matters concerning the current status of implementing the Green Fund projects, and the outcomes of implementation in the previous year; |
| 4. | Other documents necessary for clarifying the details of the settlement of accounts of the Green Fund. |
[This Article Newly Inserted by Act No. 9961, Jan. 25, 2010]
| Article 60 (Entrusted Management and Administration of Green Fund) |
| (1) | The Minister of the Korea Forest Service may fully or partially entrust the management and administration of the Green Fund to the Korea Forest Welfare Promotion Institute established under Article 49 of the Forest Welfare Promotion Act (hereinafter referred to as the "Korea Forest Welfare Promotion Institute"), as prescribed by Presidential Decree. <Amended by Act No. 14269, May 29, 2016> |
| (2) | Upon entrustment of the management and administration of the Green Fund under paragraph (1), the Minister of the Korea Forest Service may pay service fees and other expenses, as determined by the said Minister. |
| (3) | Upon entrustment of the management and administration of the Green Fund under paragraph (1), the Minister of the Korea Forest Service may appoint accounting personnel to engage in such management and administration from among the executives and employees of the entrusted corporation. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 61 (Organization and Administration of Green Fund Management Council) |
| (1) | A Green Fund Management Council (hereinafter referred to as the "Council") shall be established in the Korea Forest Service to deliberate on the following regarding the management and administration of the Green Fund: |
| 1. | Matters relating to the formulation of the Green Fund management plans and the preparation of the reports on the settlement of accounts; |
| 2. | Matters relating to the alteration of the Green Fund management plans; |
| 3. | Matters relating to the use of the Green Fund under Article 58 (4); |
| 4. | Other matters brought by the Minister of the Korea Forest Service before the Council, which are deemed important for the management and administration of the Green Fund. |
| (2) | The Council shall be chaired by the Vice Minister of the Korea Forest Service, and it shall be comprised of up to ten members, including the chairperson. <Amended by Act No. 9961, Jan. 25, 2010> |
| (3) | The organization and administration of the Council, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 62 Deleted. <by Act No. 14269, May 29, 2016> |
| Article 63 (Support to Korea Forest Welfare Promotion Institute, etc.) |
The State or local governments may allow the Korea Forest Welfare Promotion Institute or the agency or organization referred to in Article 58 (5) to use, gain profits from, or rent any national or public facility, goods, and other property free of charge within the extent that does not hinder its use or purpose, to support the raising of the Green Fund or to facilitate the performance of the Green Fund project. <Amended by Act No. 14269, May 29, 2016> [This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 64 (Financial Support) |
| (1) | The State or local governments may provide a loan or subsidy to help cover all or part of the working expenses for forest projects as determined by Presidential Decree. |
| (2) | In making a loan under paragraph (1), the forest land and standing timber concerned may be made security. In such case, the prices of standing timber not yet in harvest season may be evaluated in advance to be made security. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 65 (Return of Forest Project Subsidies) |
| (1) | Any person who intends to use any of the following forests for any purpose other than the original purpose of the subsidized project shall return the amount of the subsidy provided by the State or a local government (hereinafter referred to as “forest project subsidy”) plus interest thereon, to the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That he/she needs not return it upon expiration of the period determined by Presidential Decree since the creation of the forests or the installation of the forest management infrastructure was completed: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> |
| 1. | A forest for which the forest management infrastructure has been installed pursuant to Article 9 (1); |
| 2. | A forest created with a subsidy or aid from the State or a local government pursuant to Article 13 (6), 28 (8) or 64 (1). |
| (2) | The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall order a person who has failed to fulfill his/her obligation to return to repay a forest project subsidy and interest thereon, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12415, Mar. 11, 2014> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 65-2 (Restrictions on Financial Support) |
The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu may exclude any forestry project conducted by the following persons from the forest projects eligible for financial support under Article 64: <Amended by Act No. 13931, Jan. 28, 2016> | 1. | A person subject to an order to repay a forest project subsidy under Article 27 (2); |
[This Article Newly Inserted by Act No. 12415, Mar. 11, 2014]
| Article 66 (Payment of Monetary Rewards) |
The Minister of the Korea Forest Service may pay a monetary reward to any person who files a complaint or an accusation with a forest administrative agency or an investigating agency against a person who has violated Article 19 (5), 36 (1) or (4), as determined by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9763, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 67 (Reporting, Inspection, etc.) |
| (1) | Where it is necessary to create and manage forest resources, the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service may order any of the following entities to file a report or require it to submit data in relation to its business, and may require his/her public officials to enter a place of business, office, etc. to investigate or inspect books of account, documents, or other things, or to inquire of related persons: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014; Act No. 14269, May 29, 2016; Act No. 16198, Jan. 8, 2019> |
| 1. | A seeds and seedlings grower; |
| 2. | A forestry cooperative or the National Forestry Cooperatives Federation; |
| 3. | A forest project corporation; |
| 3-2. | A national forest management association established under Article 23-2; |
| 4. | Deleted; <by Act No. 15080, Nov. 28, 2017> |
| 5. | Deleted; <by Act No. 11429, May 23, 2012> |
| 6. | A person who imports forest products upon recommendation by the Minister of the Korea Forest Service pursuant to Article 41 (1); |
| 7. | The Korea Forest Welfare Promotion Institute. |
| (2) | Where the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the director general of a regional office of forest service intends to make a visit, conduct investigation or inspection, or make an inquiry pursuant to paragraph (1), he/she shall notify a person subject to investigation of a plan describing the date and time, reason and details of the visit, investigation, inspection or inquiry not later than seven days prior to the visit, investigation, inspection or inquiry: Provided, That the foregoing shall not apply in cases of emergency or when it is deemed that the purpose of the visit, investigation, inspection or inquiry cannot be achieved due to destruction of evidence, etc. if prior notice is provided. <Newly Inserted by Act No. 16198, Jan. 8, 2019> |
| (3) | If it is found, in an investigation and inspection conducted under paragraph (1), that the seeds and seedlings for forests produced by a seeds and seedlings grower are of poor quality, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the seeds and seedlings grower to suspend shipping such seeds and seedlings, or to take necessary measures, such as disinfection and discard. <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| (4) | A public official who conducts an investigation or inspection or inquires of related persons pursuant to paragraph (1) shall carry an identification indicating his/her authority and produce it to interested persons. |
| (5) | Where necessary to verify and inspect the requirements for registration of a national forest management association registered pursuant to Article 23-2 (4) or a forest project corporation registered pursuant to Article 24 (2), the Minister of the Korea Forest Service or a Mayor/Do Governor may request the heads of related agencies to provide data on national health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. for which members of the national forest management association or technicians of the forest project corporation are policy holders. In such case, the heads of the related agencies shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
The Minister of the Korea Forest Service, the head of a local government, or the director general of a regional office of forest service shall hold a hearing, where he/she takes any of the following dispositions: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014>
| 1. | He/she intends to revoke authorization for a forest management plan pursuant to Article 15; |
| 2. | He/she intends to revoke the registration of a seeds and seedling grower, or suspend his/her business operation pursuant to Article 16 (3); |
| 2-2. | He/she intends to revoke the registration of a national forest management association pursuant to the proviso of Article 23-2 (5); |
| 3. | He/she intends to revoke the registration of a forest project corporation pursuant to Article 25 (3); |
| 4. | He/she intends to rescind the designation of a special forest project zone pursuant to Article 29 (1); |
| 5. | Deleted; <by Act No. 15080, Nov. 28, 2017> |
| 5-2. | He/she intends to revoke a permit for felling standing timber, etc. pursuant to Article 36-3; |
| 6. | He/she intends to rescind the designation of a corporate forest management zone pursuant to Article 38-2 (1). |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 69 (Succession of Rights, Duties, etc.) |
| (1) | Dispositions made to forest owners, the owners of land other than forests, etc. in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors. |
| (2) | Applications, reports or other acts implemented by forest owners, the owners of land other than forests, etc. in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 70 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Korea Forest Service may delegate part of his/her authority under this Act to a Mayor/Do Governor, or the head of an affiliate agency, as prescribed by Presidential Decree, and the Mayor/Do Governor or the head of the agency may re-delegate part of the delegated authority to the head of a Si/Gun/Gu, or the head of an affiliate agency, with approval from the Minister of the Korea Forest Service. |
| (2) | A Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | The director general of a regional office of forest service may delegate part of his/her authority under this Act to the head of a national forest management office under the jurisdiction of the relevant regional office of forest service, as prescribed by Presidential Decree. |
| (4) | The Minister of the Korea Forest Service, the head of a local government, or the director general of a regional office of forest service may entrust part of his/her business under this Act to related agencies or organizations, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
CHAPTER VI PENALTY PROVISIONS
| Article 71 (Penalty Provisions) |
| (1) | A person who commits arson to a forest for seed collection, a plus tree or an experimental forest shall be punished by imprisonment for not less than seven years but not more than fifteen years. <Amended by Act No. 9763, Jun. 9, 2009; Act No. 14987, Oct. 31, 2017> |
| (2) | Any criminal attempt of paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 72 Deleted. <by Act No. 9763, Jun. 9, 2009> |
| Article 73 (Penalty Provisions) |
| (1) | A person who steals forest produce (including planted seedlings; hereafter in this Article the same shall apply) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million won. <Amended by Act No. 14987, Oct. 31, 2017> |
| (2) | Any criminal attempt of paragraph (1) shall be punished. |
| (3) | A person who commits the crime provided for in paragraph (1) shall be punished by imprisonment with labor for not less than one year but not more than ten years if: <Amended by Act No. 9763, Jun. 9, 2009> |
| 1. | The person steals any forest produce or a plus tree within a forest for seed collection or an experimental forest; |
| 2. | The person collects a tap root; |
| 3. | The person uses a vehicle or vessel or installs any transportation and wood processing arrangement to transport stolen goods; |
| 4. | The person commits a theft exercising the right to fell standing timber or bamboo or to extract or gather produce; |
| 5. | The person commits a theft at night; |
| 6. | The person habitually commits the crime provided for in paragraph (1). |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 74 (Penalty Provisions) |
| (1) | A person who fells standing timber and bamboo; extracts and gathers forest products; grazes livestock; or engages in other activities of altering the form and quality of land in a forest for seed collection, etc. in violation of Article 19 (5), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million won: <Amended by Act No. 12415, Mar. 11, 2014; Act No. 14987, Oct. 31, 2017> |
| 1. | through 3. Deleted; <by Act No. 14987, Oct. 31, 2017> |
| 4. | Deleted; <by Act No. 9763, Jun. 9, 2009> |
| 5. | through 8. Deleted. <by Act No. 14987, Oct. 31, 2017> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding thirty million won: <Amended by Act No. 14987, Oct. 31, 2017> |
| 1. | A person who plants and rears, transplants, removes, or prunes a roadside tree without the approval from the head of the relevant local government, in violation of Article 21 (1); |
| 2. | A person who fells standing timber, etc. without obtaining a permit, or upon obtaining a permit by fraud or other improper means, from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the director general of the relevant regional office of forest service, in violation of Article 36 (1); |
| 3. | A person who inflicts damage on standing timber or bamboo in a forest or causes it to wither and die without just cause; |
| 4. | A person who inflicts damage on a roadside tree or causes it to wither and die without just cause; |
| 5. | A person who alters or eliminates any sign or seal affixed to standing timber, bamboo, wood, or taproot; |
| 6. | A person who installs a structure in a third person's forest without just cause. |
| (3) | A person who violates paragraph (1) 2 and thus causes damage of less than 100,000 won based on the price from the place of origin may be punished by a penal detention or minor fine depending on the relevant circumstances. <Amended by Act No. 14987, Oct. 31, 2017> |
| (4) | A person who habitually commits any of the crimes provided for in paragraph (1) or (2) shall be aggravatingly punished by up to 1/2 of the punishment for each offence. <Newly Inserted by Act No. 14987, Oct. 31, 2017> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 75 (Confiscation and Additional Collection) |
| (1) | Forest products related to crimes provided for in Articles 73 and 74 (1) or (2) 2 shall be confiscated: Provided, That forest products that result from any of the crimes provided for in Article 73 shall be returned to the victim or disposed of to repay the price thereof, as prescribed by Presidential Decree. <Amended by Act No. 9763, Jun. 9, 2009; Act No. 14987, Oct. 31, 2017> |
| (2) | When it is impossible to confiscate the forest products provided for in paragraph (1), the value equivalent thereto shall be collected. |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 76 (Penalty Provisions) |
A person who uses any imported forest products for purposes not stipulated in the recommendation for importation made pursuant to Article 41 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won. <Amended by Act No. 14987, Oct. 31, 2017> [This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 77 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by a fine not exceeding 10 million won: <Newly Inserted by Act No. 14987, Oct. 31, 2017; Act No. 16198, Jan. 8, 2019> |
| 1. | A person who runs a seeds and seedling growing business without registering himself/herself as a seeds and seedlings grower, in violation of Article 16 (1); |
| 2. | A person who implements a forest project without registering himself/herself as a national forest management association under Article 23-2 (4) or as a forest project corporation under Article 24 (1); |
| 3. | A person who lends his/her certificate of registration of a national forest management association to a third person, in violation of the latter part of Article 23-2 (4); |
| 4. | A person who lends his/her certificate of registration as a forest project corporation to a third person, in violation of Article 24 (4); |
| 5. | and 6. Deleted; <by Act No. 15080, Nov. 28, 2017> |
| 7. | A person who violates the restrictions on the distribution, production, or use of forest products imposed under Article 40 (1); |
| 8. | A person who ships seeds for forest and seedlings of poor quality or who fails to take necessary measures, such as disinfection or discard, in violation of an order issued under Article 67 (3). |
| (2) | Deleted: <by Act No. 15080, Nov. 28, 2017> |
| 1. | and 2. Deleted; <by Act No. 14987, Oct. 31, 2017> |
| 3. | through 5. Deleted. <by Act No. 9763, Jun. 9, 2009> |
| (3) | Deleted. <by Act No. 14987, Oct. 31, 2017> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
| Article 78 (Joint Penalty Provisions) |
Where a representative of a juristic person, or an agent, an employee or other servant of the juristic person or an individual commits any offence provided for in Article 74 (1), (2) or (3), 76, or 77 in connection with the business of the juristic person or individual, not only shall such offender be punished, but also the juristic person or individual shall be punished by a fine or a minor fine prescribed in the relevant provisions, and if the offender commits an offence provided for in Article 74 (4), not only shall such offender be punished, but also the juristic person or individual shall be punished by a fine not exceeding twenty million won: Provided, That this shall not apply where such juristic person or individual has not neglected to give due attention and supervision concerning the relevant business to prevent such offence. <Amended by Act No. 14987, Oct. 31, 2017> [This Article Wholly Amended by Act No. 9961, Jan. 25, 2010]
| Article 79 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> |
| 1. | A person who extracts or gathers forest products without filing a report pursuant to the proviso of Article 19 (5); |
| 2. | A person who fells standing timber, etc. without filing a report, or upon filing a report by fraudulent or other illegal means pursuant to Article 36 (4); |
| 2-2. | A person who violates a suspension of felling standing trees, etc., or an order to take other necessary measures pursuant to Article 36-3; |
| 3. | A person who conducts a business which requires felling of standing trees, etc. in a corporate forest management zone without reporting thereon, in violation of Article 38 (7); |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 9961, Jan. 25, 2010> |
| 1. | A person who claims an excessive fee for preparation of a forest management plan under Article 13 (3); |
| 2. | Deleted; <by Act No. 11429, May 23, 2012> |
| 3. | and 4. Deleted; <by Act No. 9763, Jun. 9, 2009> |
| 5. | A person who refuses, evades, or interferes with reporting, submission of data, an investigation, inspection, or inquiry under Article 67 (1). |
| (3) | and (4) Deleted. <by Act No. 9763, Jun. 9, 2009> |
| (5) | A person who fails to perform afforestation under Article 10 (2) shall be punished by an administrative fine equivalent to the sum of the expenses incurred in such afforestation. |
| (6) | Administrative fines referred to 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 director general of a regional office of forest service, or the head of a national forest management office under a regional office of forest service, as prescribed by Presidential Decree. <Amended by Act No. 9961, Jan. 25, 2010> |
| (7) | through (9) Deleted. <by Act No. 9961, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 8753, Dec. 21, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Act)
Article 3 (Applicability to Design and Supervision of Forest Projects)
The design and supervision of forest projects under Article 27 shall apply to the forest projects carried out on and after the enforcement date of this Act. Article 4 (Transitional Measures concerning Dispositions, etc. under the Former Forestry Act)
Dispositions, etc. on the left column of the following table made under the former Forestry Act as at the time of this Act enters into force shall be deemed dispositions, etc. on the right column of said table made under this Act: | Dispositions, etc. under the previous Forestry Act | Dispositions, etc. under this Act | 1. Assessment of propriety of forest roads under Article 10-5
| 1. Assessment of propriety of forest management infrastructures under Article 9 (2) | | 2. Persons subject to obligatory afforest- ation under Article 41 | 2. Persons subject to reforestation under Article 10 (1) | | 3. Approval for forest management plans under Article 8 | 3. Authorization of forest management plans under Article 13 | | 4. Seeds and seedlings producers and seeds for forest registered under Article 45 | 4. Seeds and seedlings producers and seeds for forest registered under Article 16 | | 5. Forests for seed collection, etc. designated under Article 49 | 5. Forests for seed collection, etc. designated under Article 19 | | 6. Special development areas designated under Article 21 | 6. Special forest project zones designated under Article 28 | | 7. Forest management technicians under Article 8 (3), forest public works technicians under Article 10-4 (3), and wooden structure technicians under Article 55-2 (2) | 7. Forest technicians under Article 30
| | 8. Permission or report on cutting of standing timber, etc. under Article 90 (1) | 8. Permission or report on cutting of standing timber, etc. under Article 36
| | 9. Industrial reserve forests under Article 42 | 9. Corporate management forests under Article 38 | | 10. Standard announcement of forest products under Article 53 | 10. Standard announcement of forest products under Article 39 | 11. Public notice of restrictions on using of forest products, etc. under Article 54
| 11. Public notice of restrictions on distribution of forest products, etc. under Article 40 | | 12. Recommendation for import of forest products under Article 36 | 12. Recommendation for import of forest products under Article 41 |
|
| 13. Protective forests designated under Article 56 | 13. Protective forests designated under Article 43 | | 14. Forests for protection of forest hereditary resources, etc. designated under Article 67 | 14. Forests for protection of forest hereditary resources, etc. designated under Article 47 | | 15. Mountain district purification and protection zones designated under Article 100-3 | 15. Forest purification and protection zones designated under Article 49
| | 16. Restricted forest zones designated under Article 97 | 16. Restricted forest zones designated under Article 57 | | 17. Green Fund under Article 104 | 17. Green Fund under Article 58 |
|
Article 5 (Transitional Measures concerning Registration of Forest Project Corporations)
Corporations registered under the proviso of Article 5 (4) of the previous Forestry Act at the time of the entry into force of this Act shall be deemed to be registered under Article 24 (1). In this case, the corporations shall meet the standards for registration provided in Article 24 (1) within one year after the enforcement of this Act. Article 6 (Transitional Measures concerning Designation of Protective Forests)
protective forests under Article 56 (1) 6 of the previous Forestry Act shall be deemed to be designated as the protective forests under Article 43 (1) 2 of this Act, and the protective forests under Article 56 (1) 8 of the previous Forestry Act, as the protective forests under Article 43 (1) 1 of this Act, at the time of the entry into force of this Act. Article 7 Deleted. <by Act No. 9961, Jan. 25, 2010>
Article 8 (Preparation for Establishment of Korea Green Project Association)
| (1) | The Minister of the Korea Forest Service may commission not more than seven promoters to take charge of the business affairs concerning the establishment of the Korea Green Project Association prior to the enforcement of this Act. |
| (2) | The promoters shall prepare the articles of association of the Korea Green Project Association and obtain authorization therefor from the Minister of the Korea Forest Service. |
| (3) | The promoters shall, when the authorization under paragraph (2) is granted, hand over their duties without delay to the president of the Korea Green Project Association after registering the establishment of the Korea Green Project Association under joint signature. |
| (4) | The promoters shall be deemed to be decommissioned on the day when the business of the Korea Green Project Association is commenced. |
| (5) | Contributions required for the establishment of the Korea Green Project Association and other necessary expenses shall be borne by the Green Fund. |
Article 9 (Transitional Measures concerning Succession of Rights and Duties regarding Green Fund)
All rights and duties of the National Forestry Cooperatives Federation related to the administration and management of the Green Fund under Article 104 of the previous Forestry Act at the time of the entry into force of this Act shall be succeeded to by the Minister of the Korea Forest Service. Article 10 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and fines for negligence to the acts committed prior to enforcement of this Act shall be governed by the provisions of the previous Forestry Act. Article 11 Omitted.
Article 12 (Relationship with Other Acts)
Where any other Act cites the previous Forestry Act or its provisions at the time of the entry into force of this Act and where there are, in this Act, the provisions corresponding to the cited ones, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions.
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8753, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Contribution of Green Fund) The Minister of the Korea Forest Service may use the Green Fund as a contribution to cover working expenses and other expenses incurred in promoting the environmental functions of forests and in developing overseas forest resources. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 9716, May 27, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9961, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 78 and the amended provisions of Article 7 of the Creation and Management of Forest Resources Act (Act No. 7678) shall enter into force on the date of their promulgation and the amended provision of Article 23 (1) shall enter into force five years after the date of its promulgation. |
| (2) | (Transitional Measures concerning Delegation and Entrustment of Forest Projects) Where a contract of delegating or entrusting the forest projects prior to the enforcement of the amended provision of Article 23 (1) was executed, the previous provision shall apply. |
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.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10481, Mar. 29, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability concerning Revocation, etc. of Registration of Forest Project Corporations) The amended provisions of Article 25 and 26 (2) shall apply even to a reason occurred before this Act enters into force: Provided, That this shall not exercise influence on the effect of disposition, etc. pursuant to previous provisions. |
| (3) | (Transitional Measures concerning Registration of Forest Project Corporations) The forest project corporations established pursuant to previous provisions at the time this Act enters into force shall be deemed to have been registered pursuant to this Act. |
ADDENDA <Act No. 11429, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11456, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 23 (4) 2 shall enter into force on the date of promulgation. Article 2 (Applicability concerning Return of Forest Project Subsidies)
The amended provisions of Article 65 shall apply beginning from the forest for which the installation of forest management infrastructure is begun or which is created with the subsidy or support from the Sate or a local government for the first time after this Act enters into force. Article 3 (General Transitional Measures concerning Disposition, etc.)
Acts of administrative agencies or acts toward administrative agencies pursuant to previous provisions at the time this Act enters into force shall be deemed acts of administrative agencies or acts toward administrative agencies pursuant to this Act corresponding to such previous provisions.
Article 4 (Transitional Measures concerning Charges for Registration of Plant Varieties)
Notwithstanding the amended provisions of Article 18 (5), previous provisions shall apply to the registration of a plant variety for which an application is filed at the time this Act enters into force. Article 5 (Transitional Measures concerning National Forest Management Bodies)
The forestry technicians' forest management bodies registered at institutions affiliated with the Korea Forest Service, which have been organized pursuant to the Forestry and Mountain Villages Development Promotion Act and related statutes at the time this Act enters into force shall be deemed national forest management bodies registered pursuant to this Act: Provided, That where they have failed to meet the requirements for registration pursuant to the amended provisions of Article 23-2 (3), they shall again make registration after meeting the requirements for registration within one year from the date this Act enters into force. Article 6 (Transitional Measures concerning Corporate-Managed Forests)
A person who owns and manages a corporate forest after being given recommendation pursuant to previous provisions at the time this Act enters into force shall be deemed to have been given designation of a zone under corporate forest management plan over an area in which relevant forest exists, as prescribed in the amended provisions of Article 38 (3).
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
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.
ADDENDA <Act No. 12412, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12415, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restrictions to Financial Support)
The amended provisions of Article 65-2 shall also apply to a person who requests financial support pursuant to Article 64 after this Act enters into force, being one in receipt of a request to repay a forest project subsidy pursuant to the former Article 65 before this Act enters into force, or one subject to an order to repay a project subsidy pursuant to Article 33-2 (1) of the Subsidy Management Act. Article 3 (Transitional Measures concerning Registration of Seeds and Seedlings Growers)
The registration, administrative measures, and other acts, completed, taken, and done by a Mayor/Do Governor, and the filing of applications and reports with, and other acts done towards, a Mayor/Do Governor regarding the seeds and seedlings cultivation under the former provisions as at the time of this Act enters into force shall be deemed an act done by or towards the head of a Si/Gun/Gu under the amended provisions of Article 16. Article 4 (Transitional Measures concerning Designation, etc. of Experimental Forests)
Experimental forests designated by the director general of a regional office of forest service under the former provisions as at the time of this Act enters into force shall be deemed designated by the Minister of Korea Forest Service under the amended provisions of Article 47 (1).
ADDENDA <Act No. 13255, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13931, Jan. 28, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14269, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Article 2 (Preparation Acts to Enforce this Act)
To ensure that all property, rights, and duties of the Korea Green Project Association can be succeeded respectively by the Korea Forest Welfare Promotion Institute and the Korea Forestry Promotion Institute established under the Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute"), the Korea Green Project Association shall first pass a resolution on the succession at its board of directors and obtain approval from the Minister of the Korea Forest Service, before this Act enters into force. Article 3 (Transitional Measures concerning Korea Green Project Association)
| (1) | Where approval is obtained from the Minister of the Korea Forest Service pursuant to Article 2 of the Addenda, the Korea Green Project Association shall be deemed dissolved simultaneously with the enforcement of this Act, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation of corporations. |
| (2) | All property, rights, and duties of the Korea Green Project Association shall be generally succeeded respectively by the Korea Forest Welfare Promotion Institute and the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda. In such cases, the value of the property succeeded by the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute shall be its book value as at the time of the succession. |
| (3) | The former employees of the Korea Green Project Association shall be deemed the employees of the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda; and the former executive officers of the Korea Green Project Association shall be deemed to retire ipso facto on the date this Act enters into force. |
| (4) | The name of the Korea Green Project Association recorded in the register or any other public register shall be deemed the name of the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda. |
| (5) | Acts performed by the Korea Green Project Association, prior to this Act entering into force, shall be deemed acts performed by the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute; and acts performed against the Korea Green Project Association, prior to this Act entering into force, shall be deemed acts performed against the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute. |
Article 4 Omitted.
ADDENDUM <Act No. 14360, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That amended Articles 34, 35 (1), and 36-2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14987, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 14, 19, 36, 36-2, and 38 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Permission for, Reporting, etc. on Felling Standing Timber, etc.)
| (1) | The amended provisions of Article 14 (4) and (5) shall begin to apply to the first report on felling standing timber, etc. under a forest management plan filed after this Act enters into force. |
| (2) | The amended provisions of Article 19 (6) and (7) shall begin to apply to the first report on felling timber, etc. for forest-tending in a forest for seed collection, etc. filed after this Act enters into force. |
| (3) | The amended provisions of Article 36 (5) and (6) shall begin to apply to the first application for permission for, or report on, felling standing timber, etc. in a forest (excluding forests for seed collection, etc. designated pursuant to Article 19 and forest protection zones designated Article 7 of the Forest Protection Act) filed after this Act enters into force. |
| (4) | The amended provisions of Article 38 (8) and (9) shall begin to apply to the first report on a business, which requires felling of standing timber, etc, in a corporate forest management zone, filed after this Act enters into force. |
ADDENDA <Act No. 15080, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 16198, Jan. 8, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16 (3) 6, 23-2 (1) 3, 24 (1), 24 (7) 6, 28 (4) 6, 58 (4) 4, 67, and 77 (1) 8 shall enter into force on the date of its promulgation.