FOREST WELFARE PROMOTION ACT
Act No. 13255, Mar. 27, 2015
Amended by Act No. 13797, Jan. 19, 2016
Act No. 14269, May 29, 2016
Act No. 14357, Dec. 2, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15395, Feb. 21, 2018
Act No. 15393, Feb. 21, 2018
Act No. 15394, Feb. 21, 2018
Act No. 16231, Jan. 15, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary to promote such welfare in order to contribute to improving the people's health and quality of life and to promoting their happiness by providing systematic forest-based forest welfare services.
The terms used in this Act shall be defined as follows: <Amended by Act Nos. 15393 & 15395, Feb. 21, 2018>
| 1. | The term "forest welfare" means financial, social, and emotional assistance designed to contribute to enhancing the people's wellbeing by providing them with forest-based forest welfare services; |
| 2. | The term "forest welfare services" means services rendered based on forests, such as forestry culture and recreation, forest education, and forest healing; |
| 4. | The term "forest welfare service voucher" means a card on which an amount or quantity of forest welfare is inscribed (including records by electronic or magnetic means; hereinafter the same shall apply) to allow people alienated from forest welfare to use various forest welfare services; |
| 5. | The term "forest welfare service provider" means an institution or organization registered with the Minister of the Korea Forest Service pursuant to Article 10 which utilizes forest welfare service vouchers for providing forest welfare services at forest welfare facilities; |
| 6. | The term "forest welfare expert" means any of the following persons who provide forest welfare services: |
| 7. | The term "specialized forest welfare business" means a business prescribed by Presidential Decree, which uses, as its means of business, the provision of forest interpretation, forest healing, and other forest welfare services; |
| 8. | The term "forest welfare district" means a district designated by the Minister of the Korea Forest Service to provide forest welfare services utilizing forest resources; |
| 9. | The term "forest welfare facility" means any of the following facilities created to provide forest welfare services: |
| (c) | Other facilities prescribed by Presidential Decree, which are directly related to the provision of forest welfare services and to the operation of a forest welfare complex; |
| 10. | The term "forest welfare complex" means an area created by establishing multiple forest welfare facilities to provide forest welfare services in a forest welfare district. |
| Article 3 (Obligations of State and Local Governments) |
| (1) | The State and local governments shall formulate and implement necessary policies to ensure that all the people are allowed to benefit from forest welfare through the promotion, etc. of forest welfare services. |
| (2) | The State and local governments shall seek policies necessary to expand forest welfare services to people alienated from forest welfare. |
| Article 4 (Relationships with other Acts) |
| (1) | This Act shall take precedence over other Acts with regard to the designation of forest welfare districts and the creation of forest welfare complexes. |
CHAPTER II FOREST WELFARE PROMOTION PLANS, ETC.
| Article 5 (Forest Welfare Promotion Plans) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement a forest welfare promotion plan which includes the following (hereinafter referred to as "promotion plan") every five years, in order to promote forest welfare: |
| 1. | Objectives and implementation directions for promoting forest welfare services; |
| 2. | Supply of, and demand for, forest welfare services, forest welfare service vouchers, forest welfare service providers, forest welfare experts, and forest welfare facilities; |
| 3. | Current status, expansion plans, operation evaluation, and future improvement of forest welfare complexes and facilities; |
| 4. | Other matters related to the promotion of forest welfare. |
| (2) | Notwithstanding paragraph (1), the Minister of the Korea Forest Service may amend a promotion plan, if necessary to do so due to changes in demand for forest welfare and the conditions of forest resources. |
| (3) | Where the Minister of the Korea Forest Service intends to formulate or amend a promotion plan pursuant to paragraph (1) or (2), he/she shall associate it with the following plans: <Newly Inserted by Act No. 15395, Feb. 21, 2018> |
| (4) | Where the Minister of the Korea Forest Service intends to formulate or amend a promotion plan pursuant to paragraph (1) or (2), he/she shall first consult with the head of each related central administrative agency and then have the plan deliberated upon by the Forest Welfare Deliberative Committee established under Article 8: Provided, That the same shall not apply to any alteration to minor matters prescribed by Presidential Decree. |
| (5) | Upon receiving a request for consultation under the main sentence of paragraph (4), the head of each related central administrative agency shall present his/her opinion within 30 days after receipt of such request, except in extenuating circumstances. <Amended by Act No. 15395, Feb. 21, 2018> |
| (6) | Where the Minister of the Korea Forest Service has formulated a promotion plan pursuant to paragraph (1) or ha amended the contents thereof pursuant to paragraph (2), he/she shall notify such fact to the head of each related central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). |
| (7) | The formulation, implementation, and amendment of promotion plans under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (1) | Before formulating a promotion plan, the Minister of the Korea Forest Service may conduct a basic survey on supply and demand for forest welfare services, the current status of forest resources for providing forest welfare facilities, land use conditions in adjacent areas, etc. (hereinafter referred to as "basic survey"). |
| (2) | The Minister of the Korea Forest Service may entrust the basic survey to a specialized institution prescribed by Presidential Decree, if necessary to conduct the survey in an efficient manner. |
| (3) | If necessary for the basic survey, the Minister of the Korea Forest Service may request the head of each related central administrative agency, the head of the relevant local government, the head of the relevant public institution (referring to a public institution prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), or the head of the relevant institution or organization to submit necessary data. In such cases, the head of the related agency, etc., upon receiving a request for the submission of data, shall comply therewith, except in extenuating circumstances. |
| (4) | The scope and method of the basic survey and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 7 (Establishment and Operation of Forest Welfare Information System) |
| (1) | The Minister of the Korea Forest Service shall establish and operate an information system on forest welfare in order to convey information, data, etc. on forest welfare to the people and to formulate and execute policies necessary for promoting forest welfare in an efficient manner. |
| (2) | Matters necessary for the establishment and operation of the information system on forest welfare referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 8 (Establishment of Forest Welfare Deliberative Committee) |
| (1) | A Forest Welfare Deliberative Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of the Korea Forest Service to deliberate on the following: |
| 1. | Formulation and amendment of promotion plans; |
| 2. | Deleted; <by Act No. 15395, Feb. 21, 2018> |
| 3. | Designation of forest welfare districts and cancellation of such designation; |
| 4. | Approval of plans to create a forest welfare complex and the implementation plans thereof; |
| 5. | Matters referred by the Chairperson to the Committee for deliberation concerning the operation of the Korea Forest Welfare Institute under Article 49; |
| 6. | Other matters prescribed by Presidential Decree regarding forest welfare. |
| (2) | The Committee shall be comprised of at least 20 but not more than 30 members, including one chairperson and one vice chairperson. In such cases, women shall constitute at least 1/5 of the quorum of Committee members. |
| (3) | The Deputy Minister of the Korea Forest Service shall serve as the Chairperson of the Committee; the Vice Chairperson shall be elected among members of the Committee; and the following persons shall serve as members of the Committee: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Not more than six persons commissioned by the Minister of the Korea Forest Service, who are experts in forestry culture and recreation, forest education, or forest healing; |
| 2. | Not less than three but not more than six persons recommended by the Chairperson of the Central Mountainous District Management Committee established under the Mountainous Districts Management Act, from among the former and current members of such Committee; |
| 3. | One public official of Grade III in charge of forest welfare affairs of the Korea Forest Service or one public official who is a member of the Senior Executive Service; |
| 4. | One person recommended by the Minister of Agriculture, Food and Rural Affairs, who is an expert in agriculture, rural communities, farmland, or food; |
| 5. | Not more than two persons recommended by the Chairperson of the Central Building Committee established under the Building Act, from among the former and current members of such Committee; |
| 6. | Not more than two persons recommended by the Chairperson of the Central Urban Planning Committee established under the National Land Planning and Utilization Act, from among the former and current members of such Committee; |
| 7. | Not more than seven persons designated by the heads of related central administrative agencies, from among public officials who are members of the Senior Executive Service, such as the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Gender Equality and Family, and the Ministry of Land, Infrastructure and Transport; |
| 9. | Not more than two persons recommended by the Chairperson of the Central Environmental Policy Committee established under the Framework Act on Environmental Policy, from among the former and current members of such Committee; |
| (4) | The term of office of members of the Committee shall be two years: Provided, That a member who is a public official shall continue to hold office while he/she remains in the position. |
| (5) | The Committee may have subcommittees and expert members to efficiently perform its affairs, as prescribed by Presidential Decree. |
| (6) | The composition and operation of the Committee and subcommittees, appointment of expert members and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III FOREST WELFARE SERVICES, ETC.
| Article 9 (Plan to Provide Forest Welfare Service Vouchers) |
| (1) | The Minister of the Korea Forest Service shall annually formulate and implement a plan for the issuance of, issuance criteria for, and cost-bearing of, forest welfare service vouchers and other matters. |
| (2) | The details, time and procedures for formulation, alteration, etc. of the plan to provide forest welfare service vouchers referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 10 (Registration of Forest Welfare Service Providers) |
| (1) | A forest welfare service provider may operate any of the following facilities: |
| 1. | A forest welfare complex; |
| 4. | Other facilities designated by the Minister of the Korea Forest Service. |
| (2) | A forest welfare service provider shall be registered with the Minister of the Korea Forest Service after satisfying the criteria for facilities and human resources prescribed by Presidential Decree. The same shall also apply where the provider intends to modify any registered matters. |
| (3) | Matters necessary for the registration, alteration of the registration of a forest welfare service provider, and the management and use of registered information shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 11 (Revocation of Registration of Forest Welfare Service Provider) |
| (1) | Where a forest welfare service provider registered pursuant to Article 10 (2) falls under any of the following cases, the Minister of the Korea Forest Service may revoke the registration or suspend the relevant business for a given period of up to six months: Provided, That the registration shall be revoked, if the forest welfare service provider falls under subparagraph 1: |
| 1. | Where it is registered by fraudulent or other wrongful means; |
| 2. | Where it fails to commence operation within one year after the registration or suspends business for at least one year, without any justifiable reason; |
| 3. | Where it fails to satisfy the criteria for facilities and human resources referred to in Article 10 (2); |
| 4. | Where it fails to assign a forest welfare expert to relevant facilities under Article 20; |
| 5. | Where it rejects the use of forest welfare service vouchers by forest welfare service voucher users without any justifiable reason, in violation of Article 25 (2); |
| 6. | Where it fails to comply with an instruction or order referred to in Article 26; where it rejects, interferes with, or evades investigations; or where it makes a false report or submits false data; |
| 7. | Where it charges forest welfare service users fees for forest welfare services by fraudulent or other wrongful means. |
| (2) | Where the registration of a forest welfare service provider is revoked pursuant to paragraph (1), no registered matters revoked shall be reinstated again within two years from the revocation thereof. |
| (3) | Detailed criteria for the revocation of registration, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree in consideration of the types, degree, etc. of violations. |
| Article 12 (Management of Forest Welfare Service Providers) |
| (1) | The Minister of the Korea Forest Service shall evaluate whether a forest welfare service provider has properly operated its business in compliance with the criteria for facilities and human resources referred to in Article 10 (2) and shall disclose the results of evaluation to the public. <Amended by Act No. 15395, Feb. 21, 2018> |
| (2) | The Minister of the Korea Forest Service may reward persons who are found exemplary by the evaluation conducted under paragraph (1). <Newly Inserted by Act No. 15395, Feb. 21, 2018> |
| (3) | The Minister of the Korea Forest Service may educate and conduct training on the provision of forest welfare services for forest welfare service providers and relevant workers. In such cases, he/she may use the results of the evaluation conducted under paragraph (1) for data to formulate plans for education and training on the provision of forest welfare services. <Amended by Act No. 15395, Feb. 21, 2018> |
| (4) | The Minister of the Korea Forest Service may entrust the affairs related to evaluation referred to in paragraph (1) and education and training referred to in paragraph (3) to a specialized institution prescribed by Presidential Decree. In such cases, he/she may subsidize the budget necessary for such evaluation, education, and training. <Amended by Act No. 15395, Feb. 21, 2018> |
| (5) | The details and method of, procedures and expenses for, the evaluation referred to in paragraph (1), education and training referred to in paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 15395, Feb. 21, 2018> |
| Articles 13 and 14 Deleted. <by Act No. 15395, Feb. 21, 2018> |
| Article 15 (Restitution of Unjust Enrichment from Forest Welfare Service Provider) |
| (1) | Where a forest welfare service provider has received forest welfare service fees from forest welfare service users by fraudulent or other wrongful means, the Minister of the Korea Forest Service shall restitute the fees already paid, as prescribed by Presidential Decree. |
| (2) | Where a person obliged to return the collected fees claimed pursuant to paragraph (1) fails to return them, the fees shall be collected in the same manner as delinquent national taxes are collected. |
| Article 16 (Consideration for Mobility Disadvantaged Persons' Use of Facilities) |
| (2) | Matters necessary for the types, etc. of facilities that need to be established to give consideration to mobility disadvantaged persons pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Projects for Supporting Mountain Village Residents) |
| (1) | A person who creates and operates forest welfare facilities may implement a project for supporting mountain village residents in order to improve the living environment, wellbeing, etc. of residents in a mountain village referred to in subparagraph 2 of Article 3 of the Framework Act on Forestry, in an Eup/Myeon where the relevant facilities are located. |
| (2) | The types of, and procedures and methods for, the projects for supporting mountain village residents referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 18 (Preferential Purchase) |
A person who creates and operates forest welfare facilities may preferentially purchase and use any of the following goods or forest products:
| 3. | Forest products produced in a Metropolitan Autonomous City, a Special Self-Governing Province, or a Si/Gun/Gu (referring to an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") where the relevant forest welfare facilities are located; |
| 4. | Other products prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 19 (Preferential Employment of Local Residents) |
| (1) | A person who creates and operates forest welfare facilities may preferentially hire persons who migrate due to the implementation of the relevant project and local residents of the relevant Si/Gun/Gu where the facilities are to be located. <Amended by Act No. 16231, Jan. 15, 2019> |
| (2) | The State, local governments and public institutions prescribed by the Act on the Management of Public Institutions among persons creating and operating forest welfare facilities shall endeavor to transfer the migrants and local residents they have preferentially hired pursuant to paragraph (1) to permanent workers (referring to workers directly employed by a labor contract without stipulating any term) if such migrants and local residents are non-permanent workers prescribed by Presidential Decree, such as a fixed-term worker or part-time employee prescribed by the Act on the Protection of Fixed-Term and Part-Time Employees. <Inserted by Act No. 16231, Jan. 15, 2019> |
| Article 20 (Employment of Forest Welfare Experts) |
| (1) | A person who intends to provide forest welfare services by creating and operating forest welfare facilities shall assign a forest welfare expert to such facilities, as prescribed by Presidential Decree. |
| (2) | The Minister of the Korea Forest Service or the head of the relevant local government may subsidize expenses, etc. incurred in employing the forest welfare expert referred in paragraph (1). |
| Article 21 (Registration, etc. of Specialized Forest Welfare Business) |
| (1) | A person who intends to engage in a specialized forest welfare business shall register the business with the Minister of the Korea Forest Service. In such cases, the Minister of the Korea Forest Service shall issue a certificate of registration to the person who has registered the specialized forest welfare business. |
| (2) | No person who has registered a specialized forest welfare business shall transfer or lend the certificate of registration to any other person. |
| (3) | The Minister of the Korea Forest Service and the head of the relevant local government may provide necessary support to persons who have registered a specialized forest welfare business. |
| (4) | The scope of and qualifications for a specialized forest welfare business and other necessary matters shall be prescribed by Presidential Decree. |
| Article 22 (Revocation of Registration of Specialized Forest Welfare Business) |
| (1) | Where a person who has registered a specialized forest welfare business falls under any of the following cases, the Minister of the Korea Forest Service may revoke the registration of the specialized forest welfare business or suspend the business for a given period not exceeding six months: Provided, That the registration shall be revoked, if such person falls under subparagraph 1: |
| 1. | Where he/she makes the registration by fraudulent or other wrongful means; |
| 2. | Where he/she transfers or lends the certificate of registration of a specialized forest welfare business to any other person, in violation of Article 21 (2); |
| 3. | Where he/she fails to comply with an instruction or order referred to in Article 26; where he/she rejects, interferes with, or evades investigations; or where he/she makes a false report or submits false data; |
| 4. | Where he/she runs the suspended business during the period of business suspension. |
| (2) | Detailed criteria for revocation, etc. of the registration referred to in paragraph (1) shall be prescribed by Presidential Decree in consideration of the types, degree, etc. of violations. |
| Article 22-2 (Management of Specialized Forest Welfare Business) |
| (1) | The Minister of the Korea Forest Service shall evaluate whether a person registered to engage in a specialized forest welfare business properly operates his/her business within the scope of business and according to qualifications, etc. referred to in Article 21 (4) and shall disclose the results of the evaluation to the public. |
| (2) | The Minister of the Korea Forest Service may reward persons who are found exemplary by the evaluation conducted under paragraph (1). |
| (3) | The Minister of the Korea Forest Service may educate and conduct training on the provision of forest welfare services for persons registered to engage in a specialized forest welfare business and relevant workers. In such cases, he/she may use the results of the evaluation conducted under paragraph (1) for the data to formulate plans for education and training on the provision of forest welfare services. |
| (4) | The details and method of, and procedures and expenses for, the evaluation referred to in paragraph (1) and the education and training referred to in paragraph (3), 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. 15395, Feb. 21, 2018]
| Article 23 (Burden of Expenses Borne by Forest Welfare Service Users) |
| (1) | A forest welfare service provider may have forest welfare service users bear the expenses incurred in providing forest welfare services. |
| (2) | Notwithstanding paragraph (1), a person who falls under either of the following subparagraphs may be granted a discount on or an exemption from the fees: |
| 1. | Where income and property of a forest welfare service user and the person responsible for supporting him/her does not exceed the amount prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 2. | Other persons prescribed by Presidential Decree. |
| (3) | The scope of the expenses referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 24 (Issuance of Forest Welfare Service Vouchers) |
| (1) | Any of the following persons may apply for the issuance of forest welfare service vouchers under a plan to provide forest welfare service vouchers, with the Minister of the Korea Forest Service: |
| 1. | A person alienated from forest welfare; |
| 2. | A relative of a person alienated from forest welfare; |
| 3. | The legal representative of a person alienated from forest welfare. |
| (2) | Upon receipt of the application under paragraph (1), the Minister of the Korea Forest Service may issue forest welfare service vouchers to a person alienated from forest welfare, taking into account the relevant budget, etc. |
| (3) | The Minister of the Korea Forest Service may request the head of each related central administrative agency, the head of the relevant local government, the head of the relevant public institution, or the head of the relevant institution or organization to submit necessary data, with the consent of the parties, if necessary to issue forest welfare service vouchers. In such cases, the head of the related agency, etc. in concern, upon receiving a request for the submission of data, shall comply therewith, except in extenuating circumstances. |
| (5) | Other matters necessary for the application for issuance, etc. of, forest welfare service vouchers shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 25 (Use, etc. of Forest Welfare Service Vouchers) |
| (1) | Where a person who has been issued a forest welfare service voucher pursuant to Article 24 (2) (hereinafter referred to as "forest welfare service voucher user") intends to receive forest welfare services, he/she shall present the voucher to a forest welfare service provider. |
| (2) | No forest welfare service provider shall reject the use of forest welfare service vouchers by forest welfare service voucher users without just cause. |
| (3) | The Minister of the Korea Forest Service shall disclose the following information to the public in order to guarantee the right of the forest welfare service voucher users to choose forest welfare services and to enhance the quality of forest welfare services: |
| 1. | Deleted; <by Act No. 15395, Feb. 21, 2018> |
| 2. | Present status of forest welfare service providers; |
| 3. | Forest welfare service providers' performance of providing forest welfare services and the quality of services provided; |
| 4. | Other matters prescribed by Presidential Decree. |
| (4) | Matters necessary for using forest welfare service vouchers under paragraph (1), the details and method of, and procedures for, disclosure under paragraph (3), modification of the details disclosed, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 26 (Instruction, Order and Investigation) |
| (1) | The Minister of the Korea Forest Service may issue a necessary instruction and order to forest welfare service providers and persons who have registered a specialized forest welfare business in order to provide forest welfare services in an efficient manner. |
| (2) | The Minister of the Korea Forest Service may require forest welfare service providers and persons who have registered a specialized forest welfare business to submit data related to the provision of forest welfare services, or may have public officials under his/her jurisdiction make inquiries to the relevant persons and make a report on relevant business. |
| (3) | Where a relevant public official performs his/her duties pursuant to paragraph (1) or (2), he/she shall carry a certificate indicating his/her authority and present it to the relevant persons. |
| (4) | Instructions, orders, and investigations related to forest welfare service providers and persons who have registered a specialized forest welfare business and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
CHAPTER IV DESIGNATION OF FOREST WELFARE DISTRICTS AND CREATION AND OPERATION OF FOREST WELFARE COMPLEXES
| Article 27 (Designation, etc. of Forest Welfare Districts) |
| (1) | The Minister of the Korea Forest Service may designate a forest welfare district after deliberation by the Committee, taking into account demand for forest welfare services and the conditions of forest resources, etc. for creating a forest welfare complex. |
| (2) | Where the Minister of the Korea Forest Service intends to designate a forest welfare district or alter a designated forest welfare district, he/she shall first consult with the head of each related central administrative agency. |
| (3) | Where the Minister of the Korea Forest Service intends to designate or alter the designation of a forest welfare district, he/she shall hear opinions of the local residents in concern. |
| (4) | Where the Minister of the Korea Forest Service has designated, or altered the designation of, a forest welfare district, he/she shall publicly announce the following: |
| 1. | Location and area of the relevant forest welfare district; |
| 2. | Basic directions for creating the relevant forest welfare district; |
| 3. | Other matters prescribed by Presidential Decree. |
| (5) | Matters necessary for hearing the opinions of local residents under paragraph (3) and other matters shall be prescribed by Presidential Decree. |
| Article 28 (Designation Standards for Forest Welfare Districts) |
| (1) | A forest welfare district shall meet the following designation standards: |
| 1. | A forest welfare district shall comply with the implementation directions of promotion plans; |
| 2. | No forest welfare district shall be any of the following: |
| 3. | The size of a forest welfare district designated shall be appropriate, considering the objectives of its designation, plans to use mountainous districts, the conditions of adjacent areas, etc.; |
| 4. | No risk of a landslide, soil runoff, or other disaster shall exist, considering the gradient, mother rock, elevation, etc. of the relevant mountainous district; |
| 5. | The functions of forests to conserve water sources and to preserve the water quality shall not be hindered; |
| 6. | A forest welfare district shall have sufficient forest resources and sceneries to contribute to strengthening human immunity and improving physical and mental health. |
| (2) | The details of the designation standards referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 29 (Cancellation of Designation of Forest Welfare District) |
| (1) | Where a forest welfare district designated pursuant to Article 27 falls under either of the following cases, the Minister of the Korea Forest Service may cancel its designation after deliberation by the Committee: |
| 1. | Where no application has been filed for approval for a plan to create a forest welfare complex under Article 33 (1) in the relevant forest welfare district, within three years from the designation and public announcement of such forest welfare district; |
| 2. | Where the designation purpose of the relevant forest welfare district, such as creating a forest welfare complex therein, is deemed unattainable, considering the progress of the relevant project. |
| (2) | Where the Minister of the Korea Forest Service has cancelled the designation of a forest welfare district pursuant to paragraph (1), he/she shall publicly announce the details of the cancellation and notify the head of each related central administrative agency thereof, as prescribed by Presidential Decree. |
| Article 30 (Principles for Creating Forest Welfare Complexes) |
| (1) | A person who creates a forest welfare complex shall endeavor to comply with the following principles: |
| 1. | The principle of promoting the sustainable use of a mountainous district, other than the expansion of development areas through conversion of a mountainous district, shall be complied with; |
| 2. | A forest welfare complex shall be located in a forest except in extenuating circumstances, in consideration of functions of forest welfare services, and the residential facilities shall receive a sufficient amount of sunlight; |
| 3. | Natural materials, such as timber, soil, and stone of a local area where a forest welfare complex is to be created, shall be used to the maximum extent possible, and the scenic characteristics of the area shall be considered in its construction and landscape. |
| 4. | Necessary facilities, etc. shall be constructed to make it possible to establish a system for the well-functioning cycle of recycling water, food, energy, waste, etc. to the maximum extent possible; |
| 5. | Air, water, soil, or marine pollution, the destruction of habitats of wild animals and plants, the disturbance of the ecological order, damage to natural sceneries, and the loss of topsoil shall be minimized; |
| 6. | Conditions shall be created where users of a forest welfare complex can engage in the activities of fostering and protecting forest resources and healing themselves; |
| 7. | Forest welfare service facilities, etc. shall be established to provide users of a forest welfare complex with forest welfare services, such as forestry culture and recreation, forest education, and forest healing; |
| 8. | Other matters prescribed by Presidential Decree concerning the creation of a forest welfare complex shall be complied with. |
| Article 31 (Standards for Ecologically Sustainable Use of Mountainous Districts Applicable to Forest Welfare Complexes) |
| (1) | A forest welfare complex shall be created in compliance with the standards for ecologically sustainable use of mountainous districts. |
| (2) | The standards for the ecologically sustainable use of mountainous districts applicable for creating a forest welfare complex shall be as follows: |
| 1. | In the areas where a facility is established or the form and quality of a mountainous district are altered, a forest of at least 60/100 of the areas shall be maintained or a forest belt at least 30 meters wide shall be created; |
| 2. | The ground subject to cutting, filling or earthwork and the area subject to alterations to the form and quality shall be minimized and the height of a slope shall not exceed 12 meters in order to maintain the topography of the relevant mountainous district; |
| 3. | The specific permeability of rainwater shall not exceed 30/100 of the exclusive use area and separate pollution prevention measures shall be prepared in order to preserve the water quality and soil of the relevant mountainous district; |
| 4. | Measures to prevent disasters shall be prepared, such as minimizing changes in the water quantity in the relevant mountainous district and establishing erosion control facilities to cope with landslides or soil runoff; |
| 5. | The design, colors, and materials of buildings shall harmonize with the scenery of a neighboring mountainous district; |
| 6. | The height, length, density, building coverage ratio, and floor area ratio of a building shall be appropriate; |
| 7. | The efficiency of energy use in buildings and the ratio of use of new and renewable energy shall be enhanced, and greenhouse gas emissions shall be minimized. |
| (3) | Detailed standards for the ecologically sustainable use of mountainous districts specified in each subparagraph of paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 32 (Implementer of Project for Creating and Operating Forest Welfare Complex) |
A project for creating and operating a forest welfare complex may be implemented by any of the following entities (hereinafter referred to as "project implementer"): <Amended by Act No. 15395, Feb. 21, 2018>
| 1. | The State or a local government; |
| 2. | The Korea Forest Welfare Institute established under Article 49; |
| 3. | An institution prescribed by Presidential Decree from among public institutions; |
| Article 33 (Formulation of Plan to Create Forest Welfare Complex) |
| (1) | A project implementer who intends to create a forest welfare complex shall formulate a plan to create a forest welfare complex (hereinafter referred to as "creation plan") accompanied by the results of a feasibility study referred to in Article 34 (1) and obtain approval therefor from the Minister of the Korea Forest Service. |
| (2) | A creation plan shall include the following: |
| 1. | The project implementer; |
| 2. | The size of a forest welfare complex, forest welfare facilities, and operation plans; |
| 3. | Schemes to associate efficiently with the existing forest welfare service providers; |
| 4. | Plans to provide forest welfare services; |
| 5. | Projects necessary for conservation, etc. of forest ecology; |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of the Korea Forest Service intends to grant approval for a creation plan, he/she shall consult with the head of each related central administrative agency thereon and then have the plan undergo deliberation by the Committee. |
| (4) | Where the relevant project implementer fails to submit an implementation plan formulated under Article 35 (1) within two years from the date of approval for the creation plan referred to in paragraph (3) without any justifiable reason, the Minister of the Korea Forest Service may have the project implementer modify the creation plan or revoke his/her approval therefor after conducting investigations into the progress of the relevant project, the cause of delay, etc. |
| (5) | Other matters necessary for the formulation of, approval for, etc. the creation plan shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 34 (Feasibility Study on Creation Plan) |
| (1) | A project implementer shall request a specialized institution prescribed by Presidential Decree to conduct a study on the socio-economic feasibility of a creation plan and on its compliance with the principles for creating forest welfare complexes referred to in Article 30 (hereinafter referred to as "feasibility study"). |
| (2) | Upon receipt of a request under paragraph (1), the specialized institution shall conduct a feasibility study and inform the relevant project implementer of the results thereof. |
| (3) | Fees necessary for the feasibility study shall be paid for by the project implementer who has requested for the study to the specialized institution. |
| (4) | The detailed criteria, procedures, and method for the feasibility study, the methods of calculation and payment of the fees, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 35 (Approval for Implementation Plan for Forest Welfare Complex) |
| (1) | A project implementer shall formulate an implementation plan to create a forest welfare complex (hereinafter referred to as "implementation plan") and obtain approval therefor from the Minister of the Korea Forest Service. The same shall also apply where it is intended to alter an approved implementation plan: Provided, That the same shall not apply to any modification to minor matters prescribed by Presidential Decree. |
| (2) | Where the Minister of the Korea Forest Service intends to approve an implementation plan, he/she shall consult with the head of each related central administrative agency thereon and then have the plan undergo deliberation by the Committee. |
| (3) | An implementation plan shall include the following: |
| 1. | Site selection for a forest welfare complex, such as its location and area; |
| 2. | The purpose of creating a forest welfare complex; |
| 3. | A plan to arrange facilities, such as forest welfare facilities, in the relevant forest welfare complex and the scale of accommodation; |
| 4. | Forest resources conservation measures to promote forest welfare services; |
| 5. | A plan to conduct responsible supervision following the creation of a forest welfare complex; |
| 6. | A plan to utilize forest welfare facilities and to provide forest welfare services; |
| 7. | Gathering consensus from the land owners, occupants, or otherwise from interested parties; |
| 8. | The details of forest welfare services for persons alienated from forest welfare; |
| 9. | Employment of forest welfare experts; |
| 10. | The appropriateness of a financing plan and the reasonableness of costs computed; |
| 11. | The implementation period for the creation project and annual plans to implement the project; |
| 12. | Other matters prescribed by Presidential Decree, which are necessary to create a forest welfare complex. |
| (4) | Where the Minister of the Korea Forest Service has approved an implementation plan pursuant to paragraph (2), he/she shall publicly announce the details thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (5) | Where the Minister of the Korea Forest Service publicly announces the implementation plan pursuant to paragraph (4), he/she shall also publicly announce, along therewith, the relevant project implementer's address and name, the type of business, and a detailed list of land, buildings, etc. to be expropriated, whether or not the implementation plan requires expropriation of rights, other than ownership of land, buildings or fixtures on land, mining rights, fishing rights, and rights to use water (hereinafter referred to as "land, etc."), and shall notify of such fact to the owner and rights-holder of land, etc. |
| (6) | The provisions of the Urban Development Act concerning land substitution shall apply mutatis mutandis where a project implementer needs to substitute land in relation to the execution of an implementation plan. |
| (7) | Matters necessary for the formulation of an implementation plan, the details of, procedures, etc. for, applying for approval therefor and approval for alterations thereto referred to in paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 36 (Revocation of Approval for Implementation Plan) |
The Minister of the Korea Forest Service shall revoke his/her approval for an implementation plan, if a project implementer who has obtained approval for the implementation plan pursuant to Article 35 falls under either of the following cases: | 1. | Where he/she obtains approval by fraudulent or other wrongful means; |
| 2. | Where he/she fails to commence a project for creating a forest welfare complex without any justifiable reason until five years elapse after receipt of approval for the relevant implementation plan. |
| Article 37 (Authorization, Permission, etc. Deemed Granted under other Statutes) |
| (1) | Where an implementation plan or an amendment to such implementation plan is approved under Article 35, the following approval, permission, permit, authorization, decision, reporting, consultation, revocation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted or made; and where approval of an implementation plan is publicly notified, the authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following Acts: <Amended by Act No. 13797, Jan. 19, 2016; Act No. 14480. Dec. 27, 2017; Act No. 14532, Jan. 17, 2017; Act No. 14912, Oct. 24, 2017; Act Nos. 15394 & 15395, Feb. 21, 2018> |
| 28. | Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act; and permission to exercise usufruct over administrative property under Article 20 of the same Act; |
| (2) | Where the Minister of the Korea Forest Service intends to approve an implementation plan which includes any of the matters specified in the subparagraphs of paragraph (1), he/she shall first consult with the head of the related central administrative agency, along with relevant documents submitted by the relevant project implementer. In such cases, the head of the related central administrative agency shall present his/her opinion within 30 days after receipt of a request for consultation, except in extenuating circumstances. |
| (3) | Where authorization, permission, etc. is deemed granted under other Acts pursuant to paragraph (1), an exemption from license tax, fees, user fees, etc. imposed under relevant Acts shall be granted. |
| Article 38 (Special Cases on Application of Mountainous Districts Management Act) |
| (2) | Notwithstanding paragraph (1), the designation as a preserved mountainous district shall be deemed cancelled, if a project for creating a forest welfare complex for the relevant land has not been commenced until five years elapse after receipt of approval for the implementation plan therefor: Provided, That where the construction of a forest welfare complex is underway, the Minister of the Korea Forest Service shall determine whether to cancel the designation, taking into account the construction conditions, etc. |
| (3) | The Mountainous Districts Management Act shall apply to the restoration of a converted mountainous district, etc. related to the creation of a forest welfare complex, approval for design plans for restoration, and deposit, etc. of restoration expenses. |
| (4) | Where the standards for the ecological use of mountainous districts prescribed in Article 31 (2) are different from the standards prescribed in Article 40 when approving a design plan for restoration prescribed in paragraph (3), the standards for the ecological use of mountainous districts shall apply. <Inserted by Act No. 16231, Jan. 15, 2019> |
| Article 39 (Special Cases of Application of State Forest Administration and Management Act) |
| Article 40 (Restrictions on Reclassification of Land within Mountainous Districts) |
No forest welfare complex the implementation plan for which has been approved pursuant to Article 35 shall be reclassified into anything other than forest land.
| Article 41 (Access, etc. to Land) |
| (1) | If necessary to designate a forest welfare district or to create a forest welfare complex, the relevant public officials or project implementer may enter other persons' land or temporarily use other persons' land as a place for piling up materials, a passage, or a temporary road, and may modify or remove standing timber, bamboos, earth, stones, or other obstacles. |
| (2) | Workers of a specialized institution conducting a basic survey may enter other persons' land, if necessary to conduct the basic survey. |
| Article 42 (Expropriation, etc. of Land, etc.) |
| (1) | A project implementer may expropriate or use land, etc., if necessary to create a forest welfare complex. |
| (3) | The Central Land Tribunal shall be the competent Land Tribunal having jurisdiction over adjudication on the expropriation or use of land, etc. referred to in paragraph (1). |
| (4) | Where the first public announcement of an implementation plan referred to in Article 35 (4) is made five years after the designation of the relevant forest welfare district is publicly announced pursuant to Article 27 (4), the officially assessed land price shall be the price published at the point of time nearest to the date of the public announcement of the implementation plan under the same paragraph, among the officially assessed land prices published at the point of time for pricing the relevant land, the base date of publication of which is a point of time prior to the date of the public announcement of the implementation plan under the same paragraph. |
| (5) | Where the requirements prescribed by Presidential Decree are satisfied, such as where the price of land to be acquired is deemed fluctuated due to the public announcement of hearing of opinions of residents, etc. referred to in Article 27 (5), the officially assessed land price referred to in Article 70 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be the price published at the point of time nearest to the date of the public announcement of hearing of opinions of residents, etc. under Article 27 (5) among the officially assessed land prices published at the point of time for pricing the relevant land, the base date of publication of which is a point of time prior to the date of the public announcement of hearing of opinions of residents, etc. under the same paragraph, notwithstanding Article 70 (3) through (5) of the same Act. |
| Article 43 (Relocation Measures) |
| (1) | A project implementer shall establish and implement relocation measures for persons who are deprived of their base of livelihood by providing land, etc. due to the implementation of a project for creating a forest welfare complex, as prescribed by Presidential Decree. |
| Article 44 (Discount on or Exemption from Charges) |
Any of the following charges imposed on a project for creating a forest welfare complex may be reduced or exempted, or may not be imposed under the relevant statutes:
| Article 45 (Prohibition of Sale by Units and Offering of Membership) |
No project implementer shall sell ownership in a facility for accommodation, etc., among forest welfare facilities, by units or offer membership therein on condition of a long-term lease thereon.
| Article 46 (Prohibition of Use of Similar Name) |
No one who has failed to obtain approval for an implementation plan under Article 35 shall use a name of forest welfare complex or a similar one thereto.
| Article 47 (Order to Rectify Construction for Creating Forest Welfare Complex) |
| (1) | A project implementer shall undergo investigation conducted by the specialized institution referred to in Article 34 (1) on whether to execute the relevant implementation plan, within six months from the commencement date of construction of the relevant forest welfare complex, and shall submit the results thereof to the Minister of the Korea Forest Service. |
| (2) | In any of the following cases, the Minister of the Korea Forest Service may take necessary measures, such as suspension of construction, reconstruction, or relocation of an artificial structure, and a corrective order: |
| 1. | Where this Act or other statute is violated when a forest welfare complex is created; |
| 2. | Where a forest welfare complex created is different from the one under the implementation plan approved pursuant to Article 35; |
| 3. | Where the results of investigation on whether to execute the implementation plan referred to in paragraph (1) are deemed non-compliant with the criteria prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 48 (Completion Inspection) |
| (1) | Where a project implementer completes a project for creating a forest welfare complex, he/she shall file an application for completion inspection with the Minister of the Korea Forest Service. |
| (2) | Upon receipt of the application for completion inspection referred to in paragraph (1), the Minister of the Korea Forest Service shall issue a certificate of completion to the relevant project implementer, if the relevant project for creating a forest welfare complex is deemed completed according to the implementation plan. |
| (3) | In conducting the completion inspection referred to in paragraph (2), the Minister of the Korea Forest Service shall first consult with the head of each related central administrative agency, if any alteration based on authorization, permission, etc. which are deemed constructively granted pursuant to Article 37 (1) has been made to matters related to completion inspection, completion authorization, etc. |
| (4) | Where the project completed has failed to reflect the relevant implementation plan as a result of the completion inspection referred to in paragraph (2), the Minister of the Korea Forest Service shall require, without delay, the relevant project implementer to take necessary actions, such as complementing the construction. |
| (5) | Matters necessary for documents, procedures, etc. for the completion inspection referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
CHAPTER V KOREA FOREST WELFARE PROMOTION INSTITUTE
| Article 49 (Establishment, etc. of Korea Forest Welfare Promotion Institute) |
| (1) | The Kore Forest Welfare Promotion Institute (hereinafter referred to as the "Promotion Institute") shall be established to facilitate forest welfare services, including the creation and operation of forest welfare complexes. |
| (2) | The Promotion Institute shall be a juristic person and shall be established when it registers its incorporation at the location of its principal office. |
| (3) | No person other than the Promotion Institute shall use the Korea Forest Welfare Promotion Institute or a name similar thereto. |
| (4) | Matters necessary for the standards and procedures for authorizing the establishment of the Promotion Institute, supervision thereof, and other matters shall be prescribed by Presidential Decree. |
| Article 50 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Promotion Institute shall include the following: |
| 3. | The principal office, branches, and other offices; |
| 4. | Executives and employees; |
| 5. | The board of directors; |
| 6. | Business and execution thereof; |
| 7. | Assets and accounting thereof; |
| 8. | Modification of the articles of incorporation; |
| 9. | Method of public announcements; |
| 10. | Enactment, amendment, and abolition of articles or regulations; |
| 11. | Other matters prescribed by Presidential Decree concerning the operation of the Promotion Institute. |
| (2) | Where the Promotion Institute intends to enact or modify the articles of incorporation, it shall obtain authorization for the enactment or modification from the Minister of the Korea Forest Service. |
| Article 51 (Executives and Employees) |
| (1) | The Promotion Institute shall have executives and necessary employees, as prescribed by the articles of incorporation. <Amended by Act No. 16231, Jan. 15, 2019> |
| (3) | Deleted. <by Act No. 16231, Jan. 15, 2019> |
| (4) | Deleted. <by Act No. 16231, Jan. 15, 2019> |
| (5) | If deemed necessary for operating the Promotion Institute, the chief director may request the head of a related central administrative agency to have a public official under his/her jurisdiction serve in the Promotion Institute for a specified period. |
| (6) | The period for exchange service referred to in paragraph (5) and other details shall be determined through consultations between the head of the related central administrative agency and the chief director. |
| Article 52 (Disqualification for Executives) |
The Promotion Institute shall perform the following: <Amended by Act No. 14269, May 29, 2016>
| 1. | Operation of forest welfare complexes created by the State; |
| 2. | Creation and operation of forest welfare facilities; |
| 3. | Management, lease, and sale of forest welfare complexes created by the Promotion Institute: Provided, That approval from the Minister of the Korea Forest Service shall be required for the sale. |
| 4. | Surveys of and research on forest welfare; |
| 5. | Basic survey for the formulation of promotion plans; |
| 6. | Management of forest welfare service vouchers, including issuance of forest welfare service vouchers, and establishment, operation, etc. of an information system; |
| 7. | Feasibility study on a forest welfare complex referred to in Article 34 (1); |
| 8. | Education and publicity related to revitalization of forest welfare services; |
| 9. | Exchanges and cooperation with domestic and foreign forest welfare-related organizations; |
| 10. | Business entrusted by the Minister of the Korea Forest Service or by the head of a local government in relation to forest welfare services; |
| 11. | Other business designed to revitalize forest welfare services and prescribed by Presidential Decree. |
| Article 54 (Support for Persons Alienated from Forest Welfare) |
| (1) | The Promotion Institute may provide persons alienated from forest welfare with daily life assistance, facilities necessary for rehabilitation, etc. and forest welfare services, at forest welfare facilities operated by the Promotion Institute. |
| (2) | Where the Promotion Institute provides facilities or forest welfare services referred to in paragraph (1), the State or a local government shall provide necessary financial support. |
| (3) | Matters necessary for the details, method, etc. of facilities and forest welfare services referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 55 (Operating Expenses of Promotion Institute) |
| (1) | Expenses incurred in operating the Promotion Institute shall be covered by any of the following financial resources: |
| 1. | Contributions or subsidies by the Government or persons other than the Government; |
| 2. | Proceeds from projects implemented by the Promotion Institute; |
| 5. | Proceeds from projects entrusted or services provided by the State, local governments, or the private sector; |
| Article 56 (Budget and Settlement of Accounts) |
| (1) | The Promotion Institute shall compile total revenue and expenditure in the budget for each business year and obtain approval therefor from the Minister of the Korea Forest Service, and the same shall also apply to any modification to the budget. |
| (2) | Where the Promotion Institute intends to obtain approval under paragraph (1), it shall submit a budget bill to the Minister of the Korea Forest Service no later than 20 days before the commencement of a new fiscal year. |
| (3) | The Promotion Institute shall submit the settlement of accounts, accompanied by the following documents to the Minister of the Korea Forest Service within three months after the end of each fiscal year and finalize the settlement of accounts after obtaining his/her approval therefor: |
| 1. | Financial statements (including a written audit opinion by a certified public accountant or accounting corporation) and supplemental schedules; |
| 2. | Other documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to clarify the details of the settlement of accounts. |
| (4) | Where profits accrue at the settlement of accounts of each fiscal year, the Promotion Institute may first use the profits to offset losses carried forward, and may carry forward the remainder to the following fiscal year or use it for implementing its project with the approval of Minister of the Korea Forest Service. <Amended by Act No. 15395, Feb. 21, 2018> |
| Article 57 (Guidance on and Supervision of Business) |
| (1) | The Minister of the Korea Forest Service shall provide guidance on and supervision of business of the Promotion Institute specified in each subparagraph of Article 53. |
| (2) | Matters necessary for guidance on and supervision of the Promotion Institute by the Minister of the Korea Forest Service shall be prescribed by Presidential Decree. |
| Article 58 (Application Mutatis Mutandis of Civil Act) |
Except as otherwise expressly provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Promotion Institute.
CHAPTER VI SUPPLEMENTARY PROVISIONS
The Minister of the Korea Forest Service shall hold a hearing before taking any of the following dispositions:
| 1. | Revoking the registration of a forest welfare service provider pursuant to Article 11 (1); |
| 2. | Deleted; <by Act No. 15395, Feb. 21, 2018> |
| 3. | Revoking the registration of a specialized forest welfare business pursuant to Article 22 (1); |
| 4. | Cancelling the designation of a forest welfare district pursuant to Article 29 (1) 2; |
| 5. | Revoking approval of a creation plan pursuant to Article 33 (4); |
| 6. | Revoking approval of an implementation plan pursuant to Article 36. |
Any of the following persons shall pay a fee to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs:
| 1. | A person who files an application for registration of a forest welfare service provider pursuant to Article 10 (2); |
| 2. | Deleted; <by Act No. 15395, Feb. 21, 2018> |
| 3. | A person who files an application for a specialized forest welfare business pursuant to Article 21 (1); |
| 4. | A person who files an application for approval of a creation plan pursuant to Article 33 (1); |
| 5. | A person who files an application for approval of an implementation plan pursuant to Article 35 (1); |
| 6. | A person who files an application for a completion inspection pursuant to Article 48 (1). |
| Article 61 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of the Korea Forest Service under this Act may be delegated to the head of an institution under his/her jurisdiction, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of the Korea Forest Service may have the Korea Forest Conservation Association referred to in Article 46 of the Mountainous Districts Management Act or the Promotion Institute implement a project or business under this Act on his/her behalf, or entrust such project or business thereto as prescribed by Presidential Decree. |
| Article 62 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | Members of the Committee who are not public officials; |
| 2. | Executives and employees of the Promotion Institute. |
| Article 63 (Prohibition of Divulgence of Secrets) |
None of the following persons shall divulge any secret they learned in the course of performing their duties pursuant to this Act: <Amended by Act No. 15395, Feb. 21, 2018>
| 1. | A current or former forest welfare service provider; |
| 2. | A current or former employee of a forest welfare service provider; |
| 3. | A current or former employee of a specialized institution entrusted with business pursuant to Article 6 (2) or 12 (4). |
CHAPTER VII PENALTY PROVISIONS
| Article 64 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won: |
| 1. | A person who creates and operates a forest welfare complex by obtaining approval for an implementation plan by fraudulent or other wrongful means; |
| 2. | A person who creates and operates a forest welfare complex without obtaining approval for an implementation plan under Article 35; |
| 3. | A person who creates and operates a forest welfare complex without undergoing completion inspection under Article 48. |
| (2) | Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who creates or operates an altered forest welfare complex without obtaining approval for alterations to the relevant implementation plan or by obtaining approval therefor by fraudulent or other wrongful means, in violation of Article 35 (1); |
| 2. | A person who sells ownership in a facility by units or offers membership therein on condition of a long-term lease thereon, in violation of Article 45; |
| 3. | A person who fails to comply with an order to take actions, such as completing the construction, under Article 48 (4). |
| (3) | Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person that provides forest welfare services without being registered as a forest welfare service provider, in violation of Article 10 (2); |
| 2. | A person who engages in a specialized forest welfare business without registering the specialized forest welfare business, in violation of Article 21 (1); |
| 3. | A person who transfers or lends a certificate of registration of a specialized forest welfare business to any other person, in violation of Article 21 (2); |
| 4. | A person who uses a forest welfare complex or a name similar thereto, in violation of Article 46; |
| 5. | A person who fails to comply with an order for suspension of construction, reconstruction or relocation of an artificial structure, or a corrective order under Article 47 (2); |
| 6. | A person who divulges any secret he/she learned in the course of performing his/her duties, in violation of Article 63. |
| Article 65 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee or any other person employed by a corporation or individual commits any of the offences under Article 64 in connection with the affairs of the corporation or the individual, not only shall the offender be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision regarding the relevant affairs to prevent such offence.
| Article 66 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: |
| 1. | A person who disobeys a business suspension order under Article 11 (1); |
| 2. | Deleted; <by Act No. 15395, Feb. 21, 2018> |
| 3. | A person who fails to assign a forest welfare expert to relevant facilities under Article 20 (1); |
| 4. | A person who disobeys a business suspension order under Article 22 (1); |
| 5. | A person who rejects the use, etc. by a forest welfare service voucher user without just cause, in violation of Article 25 (2); |
| 6. | A person who disobeys an instruction or order given under Article 26 (1); |
| 7. | A person who interferes with or rejects any activity under Article 41 (1) without just cause; |
| 8. | A person who uses “Korea Forest Welfare Institute” or similar in his/her title, in violation of Article 49 (3). |
| (2) | Administrative fines provided for in paragraph (1) shall be imposed and collected by the Minister of the Korea Forest Service, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Preparation for Establishment of Promotion Institute)
| (1) | The Minister of the Korea Forest Service shall organize an establishment committee for the Korea Forest Welfare Promotion Institute (hereinafter referred to as the "establishment committee") by commissioning not more than seven incorporators within 30 days from the date of promulgation of this Act in order to conduct affairs on the establishment of the Promotion Institute. |
| (2) | The establishment committee shall prepare the articles of incorporation of the Promotion Institute, affix the incorporators' names and seals or signatures thereto and then obtain authorization therefor from the Minister of the Korea Forest Service. |
| (3) | Upon receiving the authorization referred to in paragraph (2), the establishment committee shall register, without delay, the incorporation of the Promotion Institute under joint signatures. |
| (4) | Upon appointing the chief director of the Promotion Institute, the establishment committee shall transfer its affairs to him/her. |
| (5) | Upon completing the transfer of the affairs referred to in paragraph (4), the establishment committee and incorporators shall be deemed dissolved or dismissed. |
Article 3 (Special Cases concerning Forest Welfare Complexes)
| (1) | An area with multiple forest welfare facilities which has been or is being created lawfully under other Acts at the time this Act enters into force and which is recognized by the Minister of the Korea Forest Service as complying with the principles of creating forest welfare complexes referred to in Article 30 shall be deemed a forest welfare complex under this Act. |
| (2) | An area with forest welfare facilities which is in the process of being created before this Act enters into force in a comprehensive development zone of an underdeveloped area in the Baekdudaegan region, Gyeongsangbuk-do pursuant to Article 5 of the Special Act on the Promotion of Development Investments in Underdeveloped Areas (referring to the Act which was enforced before being repealed pursuant to Article 2 of the Addenda to the Regional Development Assistance Act (Act No. 12737)) shall be deemed a forest welfare complex operated by the Promotion Institute. |
| (3) | The Minister of the Korea Forest Service shall undergo prior deliberation by the Committee to recognize whether the relevant area complies with the principles of creating forest welfare complexes referred to in paragraph (1). |
Article 4 (Transitional Measures following Establishment of Promotion Institute)
| (1) | The Korea Forest Welfare and Culture Foundation established pursuant to Article 34-2 of the Forestry Culture and Recreation Act shall be deemed dissolved at the time the Promotion Institute completes the registration of its incorporation pursuant to Article 2 (3) of the Addenda, notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of a juristic person. |
| (2) | All of the affairs, rights, obligations and property of the Korea Forest Welfare and Culture Foundation shall be generally succeeded by the Promotion Institute simultaneously upon its establishment. |
| (3) | The value of property to be transferred to the Promotion Institute pursuant to paragraph (2) shall be the book value on the day immediately preceding the date of succession. |
| (4) | A register or other official book prepared in the name of the Korea Forest Welfare and Culture Foundation shall be deemed prepared in the name of the Promotion Institute. |
| (5) | Activities performed by or for the Korea Forest Welfare and Culture Foundation before the establishment of the Promotion Institute shall be deemed activities performed by or for the Promotion Institute. |
| (6) | Employees of the Korea Forest Welfare and Culture Foundation shall be deemed hired as employees of the Promotion Institute on the date of registration of its incorporation. |
Article 5 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 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.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14357, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date on which it enters into fore has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date on which it enters into fore has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15393, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15394, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15395, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 22-2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Association of Promotion Plan)
The amended provisions of Article 5 (3) shall apply, beginning with the first promotion plan to be formulated or amended after this Act enters into force. Article 3 (Applicability to Authorization, Permission, etc. Deemed Granted)
The amended provisions of Article 37 (1) 30 shall apply, beginning with the implementation plan or an amendment thereto first approved after this Act enters into force.
ADDENDUM <Act No. 16231, Jan. 15, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 62 shall enter into force three months after the date of its promulgation, and the amended provisions of Article 19 shall enter into force six months after the date of its promulgation.