STATE FOREST ADMINISTRATION AND MANAGEMENT ACT
Act No. 7677, Aug. 4, 2005
Amended by Act No. 8102, Dec. 28, 2006
Act No. 8355, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9177, Dec. 26, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9763, jun. 9, 2009
Act No. 9962, Jan. 25, 2010
Act No. 10331, May 31, 2010
Act No. 11690, Mar. 23, 2013
Act No. 13129, Feb. 3, 2015
Act No. 13252, Mar. 27, 2015
Act No. 13383, jun. 22, 2015
Act No. 14269, May 29, 2016
Act No. 14357, Dec. 2, 2016
Act No. 14978, Oct. 31, 2017
Act No. 16706, Dec. 3, 2019
Act No. 16713, Dec. 3, 2019
Act No. 17008, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to developing the national economy and to promoting the welfare of the people by improving the function of state forests and efficiently administering state forests by prescribing matters concerning the management and administration thereof.
The definitions of terms used in this Act are as follows:
| 1. | The term "management of state forests" means activities producing forest products, such as lumber through forestry projects, such as afforestation, cultivating forests, production of forest trees, installation of forest administration infrastructure, protection of genetic forestry resources within state forests, and maintaining and improving the diverse functions of forests, such as economic, social, cultural, and environmental functions; |
| 2. | The term "administration of state forests" means property administration, such as conservation, lease, permission for use, exchange, purchase, and sale of state forests. |
| Article 3 (Basic Principles of Management and Administration of State Forests) |
The State shall manage and administer state forests in accordance with the basic principles specified in the following subparagraphs:
| 1. | Planning the interests of the whole country in consideration of the development of local communities; |
| 2. | Stable supply of forest products through the sustainable management of forests; |
| 3. | Promoting the function of public interests in forests through growing nature-friendly state forests; |
| 4. | Increasing the standard of living of the people through the promotion of use of state forests by the people; |
| 5. | Implementation of a leading role in the management of public and private forests. |
| Article 4 (Management and Administration Agencies, etc.) |
| (1) | State forests shall be managed and administered by the Minister of the Korea Forest Service: Provided, That the state forests falling under the administrative property referred to in Article 6 (2) of the State Property Act under the jurisdiction of the heads of central government agencies (referring to the heads of central government agencies under Article 6 of the National Finance Act; hereinafter referred to as the "heads of central government agencies") other than the Minister of the Korea Forest Service shall be managed and administered by the heads of the relevant central government agencies. <Amended on Jan. 30, 2009; Jan. 25, 2010; Dec. 3, 2019> |
| (2) | When the heads of central government agencies have discontinued the purpose of use of state forests falling under the proviso to paragraph (1), the heads of the relevant central government agencies shall transfer them to the Minister of the Korea Forest Service without delay: Provided, That the foregoing shall not apply to the discontinuance of such purposes of use for the purposes of conversion of administration, exchange or concession. <Amended on Jan. 30, 2009; Dec. 3, 2019> |
| Article 5 (Investigation into State Forests) |
| (1) | In order to utilize as the basic data for the management and administration of state forests, the Minister of the Korea Forest Service shall regularly investigate into the actual status of state forests, such as the soil and vegetation of forests, and the volume of growth of forest trees. |
| (2) | The details and methods of investigations conducted under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| Article 6 (Comprehensive Plans for State Forests) |
| (1) | In order to manage and administer state forests comprehensively and efficiently, the Minister of the Korea Forest Service shall formulate and implement comprehensive plans for state forests every ten years, upon consultation with the heads of the relevant central administrative agencies, according to the forest master plan and regional forest plans formulated under Article 11 of the Framework Act on Forestry. <Amended on Dec. 3, 2019; Feb. 18, 2020> |
| (2) | Comprehensive plans for state forests formulated under paragraph (1) shall include the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Objectives of and direction-setting for promotion concerning the management and administration of state forests; |
| 2. | Management and administration status of state forests; |
| 3. | Important projects concerning the management and administration of state forests and methods for promotion thereof; |
| 4. | Matters concerning the calculation of expenses incurred in implementing projects and raising money therefor; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs concerning the management and administration of state forests. |
| (3) | The Minister of the Korea Forest Service shall analyze and assess the outcomes of implementation of comprehensive plans for state forests, and modify a comprehensive plan for state forests or reflect the findings of analysis and assessment in the next comprehensive plan for state forests, where deemed necessary based on the results of such analysis and assessment. |
| (4) | The formulation of comprehensive plans for state forests, methods for analysis and assessment of such plans, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The Minister of the Korea Forest Service shall formulate and implement annual action plans in line with the comprehensive plans for state forests (hereinafter referred to as “action plans”) and shall strive to secure financial resources necessary therefor. <Newly Inserted on Dec. 3, 2019> |
| (6) | Where the Minister of the Korea Forest Service formulates or modifies comprehensive plans for state forests or action plans, he/she shall notify the heads of the relevant central administrative agencies, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) thereof and shall submit the same to the competent standing committee of the National Assembly. <Newly Inserted on Dec. 3, 2019> |
| (7) | Where the Minister of the Korea Forest Service formulates or modifies comprehensive plans for state forests or action plans, he/she shall announce such fact as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Dec. 3, 2019> |
| (8) | Where necessary for the formulation of comprehensive plans for state forests or action plans, the Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies or Mayor/Do Governor to submit relevant data. In such cases, the heads of the relevant agencies shall comply with such request in the absence of a justifiable reason for non-compliance. <Newly Inserted on Dec. 3, 2019> |
[Title Amended on Dec. 3, 2019]
| Article 7 (Advisory Committee on State Forest Management and Administration) |
| (1) | In order to advise on the following, advisory committees on state forest management and administration (hereinafter referred to as "Committees") may be established under the jurisdiction of Regional Office of Forest Service: <Amended on Dec. 28, 2006; Feb. 29, 2008; Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Matters concerning the formulation of comprehensive plans for state forests, and the analysis and assessment of outcomes of implementation thereof; |
| 2. | Matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs concerning the disposal, lease, etc. of state forests; |
| 3. | Matters concerning the creation and operation of model forests; |
| 3-2. | Matters concerning the designation and cancellation of designation of forest conservation zones within state forests under the Forest Protection Act; |
| 4. | Other matters necessary for the management and administration of state forests. |
| (2) | The heads of agencies affiliated with the Korea Forest Service and the Jeju Special Self-Governing Province Governor, to whom authority over the matters specified under paragraph (1) has been delegated by the Minister of the Korea Forest Service pursuant to Article 32, may establish Committees to seek advice on delegated business affairs. <Newly Inserted on Feb. 3, 2015> |
| (3) | The composition and operation of the Committees and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2015> |
CHAPTER II MANAGEMENT OF STATE FORESTS
| Article 8 (State Forest Management Plans) |
| (1) | The Minister of the Korea Forest Service shall formulate and implement state forest management plans every ten years, by dividing state forests in the unit of management planning districts, in consideration of the distribution status of state forests, efficiency of management, etc. <Amended on Feb. 18, 2020> |
| (2) | The subject matter of formulation of state forest management plans, timing and methods for formulating such plans, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 9 (Management Plans of State Forests, etc. under Jurisdiction of Heads of Central Government Agencies) |
| (1) | The heads of central government agencies may formulate a state forest management plan for state forests under their jurisdiction and obtain consent of the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (2) | Each person who leases or is permitted to use a state forest for the purposes of forest management (hereinafter referred to as "lease, etc.") shall formulate a state forest management plan for the state forest for which he/she has obtained a lease, etc., and obtain approval from the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Jan. 25, 2010; Mar. 23, 2013> |
| (3) | Where acts prescribed by Presidential Decree, such as afforestation and felling, are accompanied when the head of a central government agency or a person who has obtained a lease, etc. implements a forest project in accordance with a state forest management plan, for which consent or approval has been obtained pursuant to paragraph (1) and (2), the head of the central government agency and the person shall report to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, permission or reporting shall be deemed granted or filed under Article 36 of the Creation and Management of Forest Resources Act. <Amended on Feb. 29, 2008; Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (4) | The Minister of the Korea Forest Service shall notify a person who files a report of whether he/she accepts the report within seven days after receipt of such report under the former part of paragraph (3). <Newly Inserted on Oct. 31, 2017> |
| (5) | Where the Minister of the Korea Forest Service fails to notify a person who files a report of whether he/she accepts the report or of extension of the period for handling civil petitions under statutes related to handling of civil petitions within the period specified in paragraph (4), such report shall be deemed accepted on the day immediately following the day when the period (where the period for handling civil petitions becomes extended or re-extended under statutes related to handling of civil petitions, it refers to the relevant period) ends. <Newly Inserted on Oct. 31, 2017> |
| (6) | Any intended modification to, or abolishment of state forest management plans, for which consent or approval has been obtained pursuant to paragraphs (1) and (2), requires consent or approval of the Minister of the Korea Forest Service. <Newly Inserted on Jan. 25, 2010; Oct. 31, 2017> |
| Article 10 (Lumber Production in State Forests) |
| (1) | The Minister of the Korea Forest Service shall produce lumber in consideration of the long-term prospect for the supply of, and demand for forest resources and forest products to the extent not exceeding annual timber volume growth (referring to the volume that the timbers have grown for a year; hereinafter the same shall apply) of state forests: Provided, That felling in excess of the annual timber volume growth can be permitted in cases of forest fires, natural disasters, or control of harmful insects. |
| (2) | The subject matter and methods of lumber production provided for in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| Article 11 (State Forest Protection Agreements) |
| (1) | When necessary for protecting a state forest, the Minister of the Korea Forest Service may conclude an agreement to protect the state forest (hereinafter referred to as "protection agreement"), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, with a forestry cooperative established under the Forestry Cooperatives Act (hereinafter referred to as "forestry cooperative") in the place where the state forest is located, residents of the relevant areas, schools, organizations consisting of local forest managers defined in subparagraph 2 of Article 2 of the Forestry and Mountain Villages Development Promotion Act, or organizations prescribed by Presidential Decree among organizations comprised of forestry technicians under Article 18 (1) of the same Act, and require them to engage in protective activities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as the prevention of forest fires and illicit felling, upon specifying a certain district. In such cases, forest products produced in the relevant state forest may be wholly or partially conceded to such persons gratuitously. <Amended on Feb. 29, 2008; Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | The term of protection agreements shall be up to five years, but may be extended by up to five years if necessary. |
| (3) | When a concluder of a protection agreement violates any of the terms and conditions of the protection agreement or is negligent in protection activities, the Minister of the Korea Forest Service may terminate such protection agreement and notify the parties to such protection agreement of the termination thereof. |
| Article 12 (Creation and Operation of Model Forests) |
| (1) | In order to facilitate the efficient management of public or private forests by developing and spreading forestry technologies, etc., the Minister of the Korea Forest Service may create and operate places where afforestation has been successful, the forest complexes for economic purposes, etc., among state forests, as model forests. |
| (2) | Where the Minister of the Korea Forest Service deems that managing model forests created under paragraph (1) together with public or private forests adjacent to such model forests is efficient, the Minister of the Korea Forest Service may include such public or private forests in the model forests after consulting with the owners of such public or private forests. <Amended on Feb. 18, 2020> |
| (3) | Standards for creation of model forests and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 13 (Management by Proxy of State Forests under Jurisdiction of Heads of Central Government Agencies) |
| (1) | Where the Minister of the Korea Forest Service is requested by owners or administrators of state forests, public forests, or private forests under the jurisdictions of the heads of other central government agencies, he/she may manage such forests by proxy. In such cases, the Minister of the Korea Forest Service may pay expenses incurred in managing state forests under the jurisdiction of the heads of central government agencies by proxy wholly or partially. <Amended on Jan. 25, 2010> |
| (2) | Where the Minister of the Korea Forest Service bears the expenses incurred in the management by proxy of state forests under the jurisdictions of the heads of central government agencies pursuant to paragraph (1), the Minister of the Korea Forest Service shall have the right to disposal of forest products produced during the period of management by proxy of such state forest. <Newly Inserted on Jan. 25, 2010> |
| (3) | Necessary matters, such as the procedures for management by proxy and bearing of expenses under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Feb. 18, 2020> |
| Article 14 (Designation and Operation of Citizens' Forests) |
| (1) | The Minister of the Korea Forest Service may designate and operate citizens’ forests from among state forests under his/her jurisdiction so that citizens can participate in state forest protection and fostering projects, such as cultivating forests, and use state forests as space for education on forests, forest culture, and recreation. |
| (2) | Standards for designating citizens’ forests under paragraph (1), methods for operating such forests, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | In any of the following cases, the Minister of the Korea Forest Service may restrict use of citizens’ forests upon specifying a period or cancel the designation of citizens’ forests: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Where necessary for protecting the relevant state forest and for conserving the forest ecosystem; |
| 2. | Where interests of residents adjacent to a citizens’ forest are substantially jeopardized or inconvenience is incurred; |
| 3. | Other cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as necessary for the management and administration of state forests. |
| (4) | When the Minister of the Korea Forest Service intends to designate, restrict use, or cancel the designation of a citizens’ forest pursuant to paragraphs (1) and (3), he/she shall announce it publicly. <Amended on Feb. 18, 2020> |
| Article 15 (Joint Forestry Projects) |
| (1) | Where necessary for efficiently promoting forestry projects, developing local communities, increasing residents' income, etc., the Minister of the Korea Forest Service may perform any of the following forestry projects (hereinafter referred to as "joint forestry projects") jointly with the heads of related central administrative agencies, heads of local governments, or heads of organizations prescribed by Presidential Decree (hereinafter referred to as "joint project implementers"): <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 27, 2015; Feb. 18, 2020> |
| 1. | Forestry income development projects for farming or fishing villages; |
| 2. | Establishment and operation of arboretums, natural recreational forests, places for forest bathing, forests for healing, and other public forestry facilities prescribed by Presidential Decree; |
| 3. | Research projects based on forests; |
| 4. | Other projects prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as necessary for the efficient management and administration of state forests. |
| (2) | Where the Minister of the Korea Forest Service intends to implement joint forestry projects with joint project implementers pursuant to paragraph (1), he/she shall conclude an agreement with the relevant joint project implementers. <Amended on Feb. 18, 2020> |
| (3) | Where necessary for performing a joint forestry project, the Minister of the Korea Forest Service may implement the joint forestry project in the public forest, private forest, and other land adjacent to the state forest where such joint forestry project is to be performed, with consent of the relevant landowners. In such cases, he/she shall consult with joint project implementers. |
| (4) | The scope of projects referred to in paragraph (1), terms to be included in agreements to be concluded under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
CHAPTER III ADMINISTRATION OF STATE FORESTS
| Article 16 (Classification of State Forests) |
| (1) | The Minister of the Korea Forest Service shall classify state forests under his/her jurisdiction as state forests subject to conservation and state forests not subject to conservation according to the following standards and manage such forests: <Amended on Jan. 25, 2010; Dec. 2, 2016; Feb. 18, 2020> |
| 1. | State forests subject to conservation: |
| (a) | State forests that need conservation for securing woodland for forest management, for developing forestry technologies, and for conducting scientific research; |
| (b) | State forests that need conservation for public interests, such as the protection of historical relics, sacred places, monuments, and tangible cultural heritage, conservation of ecosystems, and protection of water sources; |
| (c) | Other state forests prescribed by Presidential Decree that need conservation; |
| 2. | State forests not subject to conservation: State forests, other than permanent state forests. |
| (2) | State forests not subject to conservation designated as either of the following forests shall be deemed state forests subject to conservation: <Amended on Jun. 9, 2009; Dec. 2, 2016> |
| (3) | State forests subject to conservation referred to in paragraphs (1) 1 and (2) shall be deemed administrative property specified in Article 6 (2) of the State Property Act, and state forests not subject to conservation referred to in paragraph (1) 2 shall be deemed general property specified in Article 6 (3) of the State Property Act. <Amended on Jan. 30, 2009; Dec. 2, 2016; Feb. 18, 2020> |
| (4) | Where any of the following events occurs with respect to a state forest subject to conservation among state forests under the jurisdiction of the Minister of the Korea Forest Service, he/she may reclassify the relevant state forest as a state forest not subject to conservation in accordance with the standards for reclassification prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Jan. 30, 2009; Jan. 25, 2010; Mar. 27, 2015; Dec. 2, 2016; Dec. 3, 2019; Feb. 18, 2020> |
| 3. | Deleted; <Mar. 27, 2015> |
| 5. | In circumstances prescribed by Presidential Decree where it is necessary to exchange the forest for a public or private forest for forestry projects implemented by the State; |
| 6. | Where the designation of a forest specified under paragraph (2) has been canceled; |
| 7. | In circumstances prescribed by Presidential Decree where it is unnecessary to conserve the forest as a state forest subject to conservation for the management and administration of state forests, or it is inevitable to incorporate a state forest subject to conservation into part of a project site in order to implement projects under the provisions of other Acts; |
| 8. | Deleted; <Mar. 27, 2015> |
| 10. | Where the Minister of the Korea Forest Service intends to exchange the forest for a public forest owned by a local government on condition that the local government continues managing and conserving state forests necessary for forestry projects in the same manner as state forests subject to conservation are managed and conserved; |
| 11. | Where a person has been using the relevant state forest subject to conservation for at least ten years from the date he/she was permitted to use an area not exceeding 20,000 square meters pursuant to Article 21 (1): Provided, That any of the following cases shall be excluded herefrom: |
| (a) | A case falling under any subparagraph of Article 16 (2); |
| (b) | A case falling under any subparagraph of Article 26 (1); |
| (c) | Other cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs where the efficient administration and management of state forests is hindered, such as prohibiting or restricting the reclassification, etc. of state forests under other Acts. |
| (5) | Where a state forest not subject to conservation among state forests under the jurisdiction of the Minister of the Korea Forest Service falls under any item of paragraph (1) 1, he/she may reclassify the relevant state forest as a state forest subject to conservation. <Amended on Mar. 27, 2015; Dec. 2, 2016> |
| Article 17 (Prohibition of Disposal of State Forests Subject to Conservation) |
No state forest subject to conservation shall be leased, sold, exchanged, or conceded, or no private right shall be established thereto. <Amended on Mar. 27, 2015; Dec. 2, 2016>
[Title Amended on Dec. 2, 2016]
| Article 18 (Expansion and Purchase of State Forests) |
| (1) | In order to ensure the public functions of forests and to increase efficiency in the management and administration of state forests, the Minister of the Korea Forest Service shall formulate and implement state forest expansion plans every ten years which include the following, but if any reasonable ground exits, such as significant changes in the conditions of forests or economic conditions, he/she may revise them: <Amended on Jan. 25, 2010> |
| 1. | Goals of, and basic direction-setting for, expansion of state forests; |
| 2. | Scope of expansion of state forests; |
| 3. | Methods for expanding state forests; |
| 4. | Other matters necessary for the expansion and management of state forests. |
| (2) | If the Minister of the Korea Forest Service deems necessary for the management and administration of state forests, he/she may purchase public forests, private forests, or other land (hereinafter referred to as "public forests, etc."), as prescribed by Presidential Decree. <Amended on Dec. 28, 2006; Mar. 27, 2015> |
| (3) | Methods for determining purchase prices of public forests, etc. under paragraph (2) shall be prescribed by Presidential Decree. In such cases, the purchase price of a public forest, etc., the forestry project for which was implemented with State subsidies, shall be determined by deducting an amount corresponding to all or some of the State subsidies, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, if the Minister of Korea Forest Service purchases (referring to the date of execution of a contract) such public forest within five years from the date of completion of such forestry project. <Newly Inserted on Mar. 27, 2015> |
| (4) | Methods and procedures for purchasing public forests, etc., and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 28, 2006; Feb. 29, 2008; Mar. 23, 2013; Mar. 27, 2015> |
| (5) | The Minister of the Korea Forest Service may entrust a corporation prescribed by Presidential Decree and established under a special Act with the duties specified in paragraph (2). <Newly Inserted on Dec. 28, 2006; Mar. 27, 2015; Feb. 18, 2020> |
| Article 19 Deleted. <Mar. 27, 2015> |
| Article 20 (Sale or Exchange of State Forests Not Subject to Conservation) |
| (1) | Where any of the following events occurs with respect to a state forest not subject to conservation, the Minister of the Korea Forest Service may sell or exchange it: Provided, That only exchange is permitted in cases falling under subparagraph 2-2 or the main sentence of subparagraph 2-3: <Amended on Mar. 27, 2015; Dec. 2, 2016> |
| 2. | Where local governments requests sale or exchange to use the non-permanent state forest for an official or public project; |
| 2-2. | Where the state forest not subject to conservation is reclassified as a non-permanent state forest because it falls under Article 16 (4) 10 or 11; |
| 2-3. | Where a person who leased a state forest of an area not exceeding 50,000 square meters pursuant to Article 21 (1) and has been using the state forest for at least five years, intends to exchange it for a public forest, etc.: Provided, That no state forest shall be exchanged for a public forest, etc. in either of the following cases: |
| (a) | Where the relevant state forest falls under any subparagraph of Article 26 (1); |
| (b) | Other cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs where the efficient administration and management of state forests is hindered, such as prohibiting or restricting the sale, etc. of state forests under other Acts; |
| 3. | Where sale or exchange is deemed necessary for the efficient management and administration of state forests, such as the expansion, or collectivization of state forests, etc. |
| (2) | Procedures for selling or exchanging non-permanent state forests under paragraph (1), methods for determining prices thereof, requirements for public forests, etc. to be exchanged, and other necessary matters, shall be prescribed by Presidential Decree. In such cases, the price for exchange of a public forest, etc., the forestry project for which was implemented with State subsidies, shall be determined by applying mutatis mutandis the latter part of Article 18 (3). <Amended on Mar. 27, 2015> |
| (3) | Proceeds from the sale of state forests may be used as financial resources to expand state forests in consideration of the necessity, etc. to expand state forests. <Amended on Feb. 18, 2020> |
[Title Amended on Dec. 2, 2016]
| Article 21 (Lease, etc. of State Forests) |
| (1) | The Minister of the Korea Forest Service may permit the use of state forests subject to conservation or lease state forests not subject to conservation according to the standards prescribed by Presidential Decree: Provided, That permission to use state forests subject to conservation shall be granted only in any of the following cases: <Amended on Apr. 11, 2007; Dec. 26, 2008; Jan. 25, 2010; Mar. 27, 2015; Jun. 22, 2015; May 29, 2016; Dec. 2, 2016; Oct. 31, 2017; Feb. 18, 2020> |
| 1. | Where the State or local governments intend to use permanent state forests for official or public use; |
| 2. | Where permanent state forests are intended to be used for electric power, communications, broadcasting, gas, waterworks, or other infrastructure prescribed by Presidential Decree; |
| 3. | Where permanent state forests are intended to be used as arboretums, natural recreational forests, places for forest bathing, forests for healing, or other public forestry facilities prescribed by Presidential Decree; |
| 5. | Where the purchasers of forest products produced in state forests (hereinafter referred to as "state forest products") intend to use permanent state forests for facilities to pick, process, or transport such state forest products; |
| 6. | Where the holder of a mining right or mining concession defined in subparagraph 3 or 4 of Article 3 of the Mining Industry Act intends to use permanent state forests to mine minerals; |
| 8. | Where permanent state forests are needed to transport forest products, such as transporting lumber produced in public or private forests located in state forests; |
| 9. | Deleted; <Dec. 3, 2019> |
| 10. | Where farmers defined in the Framework Act on Agriculture, Rural Community and Food Industry and fishermen defined in the Framework Act on Fishers and Fishing Villages Development intend to use permanent state forests to cultivate herbaceous plants to be used as bulky feed, to the extent not undermining the development of forest trees; |
| (3) | Necessary matters, such as the period of, and procedures for, lease, etc. of state forests, shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2015> |
| Article 22 (Prohibition of Installation of Permanent Facilities) |
| (1) | No one who has obtained a lease, etc. of state forests shall install buildings or other permanent facilities in the relevant state forests: Provided, That the foregoing shall not apply to cases where such buildings or permanent facilities are installed on condition that they shall be donated or removed, or reinstated to their original state, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | Where the Minister of the Korea Forest Service allows the installation of buildings or other permanent facilities in the state forests as prescribed in the provisions of proviso to paragraph (1), he/she shall have persons who have obtained a lease, etc. of the relevant state forests to take measures of guaranteeing the implementation (hereinafter referred to as "measures of performance guarantee") of an amount equivalent to the expenses necessary for the reinstatement to the original state, such as the removal of permanent facilities, etc.: Provided, That the foregoing shall not apply to the cases prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| Article 23 (Lease Charges, etc.) |
| (1) | When the Minister of the Korea Forest Service puts state forests to lease, etc. as prescribed in Article 21 (1), he/she shall annually collect lease charges or rental fees (hereinafter referred to as "lease charges, etc."), according to the rates and calculating methods prescribed by Presidential Decree: Provided, That where annual lease charges, etc. are less than the amount prescribed by Presidential Decree, he/she may collect lease charges, etc. for a period of lease, etc. in lump sum. <Amended on Oct. 31, 2017> |
| (2) | Lease charges, etc. referred to in the main sentence of paragraph (1) may be paid in installments, as prescribed by Presidential Decree. In such cases, where annual lease charges, etc. exceed the amount prescribed by Presidential Decree, the Minister of the Korea Forest Service shall require the persons who have obtained a lease, etc. to deposit a bond within the amount prescribed by Presidential Decree or take measures of performance guarantee. <Amended on Oct. 31, 2017> |
| (3) | In any of the following cases, the Minister of the Korea Forest Service may choose not to collect all or some of the lease charges, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, notwithstanding paragraph (1): <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | In cases falling under Article 21 (1) 1, 4, or 5; |
| 2. | In circumstances prescribed by Presidential Decree where a project for which a state forest has been leased, etc., is deemed to yield no income due to natural disasters, etc. |
| (4) | Where the same person (an heir and a universal successor is deemed the same person as the predecessor) continues using the same state forest for at least one year, the Minister of the Korea Forest Service may adjust lease charges, etc., as prescribed by Presidential Decree. <Amended on Jan. 25, 2010> |
| (5) | Methods for calculating lease charges, etc. for the relevant year adjusted under paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 25, 2010> |
| (6) | In the case of collecting lease charges, etc. in lump sum as prescribed in the proviso to paragraph (1), even if lease charges, etc. increase or decrease during a period of lease, etc. the difference between the amount already collected and the amount increased or decreased shall not be additionally collected or refunded. <Newly Inserted on Oct. 31, 2017> |
| Article 24 (Restrictions on Acquisition of Forest Products) |
| (1) | No one who have obtained a lease, etc. of state forests shall acquire products except those specified in the lease contract or conditions of permission. |
| (2) | Where those who have obtained a lease, etc. intend to eliminate obstructing trees other than products specified in the lease contract or conditions of permission for the implementation of object projects of lease, etc., they shall obtain permission to fell standing trees or bamboo as prescribed in the provisions of Article 36 of the Creation and Management of Forest Resources Act, or conclude a contract on the sale of state forest products with the Minister of the Korea Forest Service. |
| Article 25 (Restrictions on Transfer of Rights and Transfer of Titles) |
| (1) | Where those who have obtained a lease, etc. of state forests intend to transfer the rights or titles thereof, they shall obtain permission of the Minister of the Korea Forest Service. |
| (2) | Matters necessary for the standards, procedures, etc. of transfer of rights and transfer of titles under the provisions of paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| Article 26 (Cancellation of Lease, etc.) |
| (1) | In any of the following cases, the Minister of the Korea Forest Service may cancel a lease, etc. and require the relevant lessee to wholly or partially return the state forest leased out, etc.: Provided, That he/she shall cancel a lease, etc. in cases falling under subparagraph 1: <Amended on Mar. 27, 2015; Feb. 18, 2020> |
| 1. | Where the lessee has obtained a lease, etc. by fraud or other improper means; |
| 2. | When the lessee has failed to pay lease charges, etc. by a deadline for payment, or has failed to deposit a bond or to take measures of performance guarantee as prescribed in the latter part of Article 23 (2); |
| 3. | When a project for which the state forest has been leased, etc. is deemed to make no progress or the purposes of the project are deemed impracticable to accomplish, as prescribed by Presidential Decree; |
| 4. | When the lessee has violated any of the provisions of Article 22 (1), 24 (1), or 25 (1); |
| 5. | When the lessee has failed to perform any of the obligations stipulated in the lease contract or has violated any of the conditions of permission for use; |
| 6. | When the lease, etc. has been granted erroneously; |
| (2) | When the Minister of the Korea Forest Service cancels a lease, etc. as prescribed in paragraphs (1) 1 through 5, he/she may order the person who has obtained the lease, etc. to return unjust gains accrued from the forests leased out, etc., or to eliminate buildings or facilities, or to take measures necessary to reinstate such forests upon prescribing a specific period: Provided, That if a person ordered to eliminate buildings or facilities applies for exemption from the obligation to eliminate the buildings or facilities on condition that he/she donates such buildings or facilities, the Minister of the Korea Forest Service may exempt him/her from the obligation to eliminate if: <Amended on Mar. 27, 2015; Feb. 18, 2020> |
| 1. | It is deemed reasonable that the State should utilize such buildings or facilities; |
2 Eliminating buildings or facilities is deemed practically impossible;
| 3. | Eliminating buildings or facilities incurs substantial expenses and, as a result, it is deemed likely to create social losses. |
| (3) | When a person who has obtained a lease, etc. fails to comply with orders to take measures, etc. under paragraph (2), the Minister of the Korea Forest Service may take measures classified as follows: <Amended on Dec. 3, 2019> |
| (4) | When the Minister of the Korea Forest Service cancels a lease, etc. on the grounds provided for in paragraph (1) 6 or 7, he/she may fully or partially return lease charges, etc., as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (5) | Where a person who has obtained a lease, etc. suffers a loss due to cancellation of the lease, etc. on the grounds provided for in paragraph (1) 7, the State, local government, or project implementer to use the relevant state forest shall compensate for such loss, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
[Title Amended on Mar. 27, 2015]
| Article 27 (Sale of State Forest Products) |
| (1) | The Minister of the Korea Forest Service shall sell state forest products by means of a competitive bid: Provided, That he/she may sell such products by means of a private contract in any of the following cases: <Amended on Mar. 27, 2015; Feb. 18, 2020> |
| 2. | Where state forest products with special connection are sold to persons with such connection, as prescribed by Presidential Decree; |
| 3. | Where the Minister of the Korea Forest Service sells state forest products upon designating the use of lumber and qualifications of purchasers in order to foster the domestic lumber industry; |
| 4. | Where state forest products are sold to persons with qualifications prescribed by the Minister of the Korea Forest Service because a competitive bid is deemed likely to substantially impede the efficient management of state forests; |
| 5. | Where forest products are sold to the purchasers of state forest products necessary to take out, etc. such state forest products; |
| 6. | Where state forest products are sold to persons recommended by competent administrative agencies in order to use them as raw materials for the export industry; |
| 7. | Where state forest products are sold to forestry cooperatives or the National Forestry Cooperatives Federation; |
| 8. | Where the sale of state forest products is inevitable for the smooth supply of and demand for lumber, prescribed by Presidential Decree. |
| (2) | Procedures for sale of state forest products, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 28 (Cancellation of Contracts) |
| (1) | Where either of the following events occurs to a person who has purchased a state forest or state forest products, the Minister of the Korea Forest Service may cancel the relevant sales contract: |
| 1. | Where he/she fails to pay the price by the prescribed deadline; |
| 2. | Where he/she violates any of the obligations stipulated in the contract concluded with the Minister of the Korea Forest Service. |
| (2) | In either of the following cases, the Minister of the Korea Forest Service may fully or partially return the already paid price, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Where he/she has canceled the sales contract of state forests; |
| 2. | Where he/she has canceled the sales contract of state forest products when the purchasers of state forest products did not dig, gather, or take out state forest products. |
| Article 29 (Gratuitous Concession of State Forest Products) |
| (1) | In any of the following cases, the Minister of the Korea Forest Service may concede state forest products gratuitously: <Amended on Jan. 25, 2010; Mar. 23, 2013; Jun. 22, 2015> |
| 1. | Supply of materials for disaster prevention, recovery from disasters, etc.; |
| 2. | Supply of building materials or forest fuels, necessary to recover from disasters, to persons suffering from such disasters; |
| 3. | Where products from forest tending projects with no value as materials are offered to those prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, including farmers, etc., defined in the Framework Act on Agriculture, Rural Community and Food Industry and fishermen defined in the Framework Act on Fishers and Fishing Villages Development, to help them use the products as fuels or for other self-consumption purposes. |
| (2) | The methods of, and procedures for, gratuitously conceding state forest products under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| Article 30 (Provisions to be Applied Mutatis Mutandis) |
The provisions of Articles 20 through 26 may apply mutatis mutandis to land under the jurisdiction of the Korea Forest Service, the land category of which is not woodland. <Amended on Feb. 18, 2020>
Chapter IV Supplementary Provisions
The Minister of the Korea Forest Service shall hold a hearing before taking either of the following dispositions:
| 2. | Issuing an order to return unjust gains, to eliminate buildings or facilities, or to take measures necessary to reinstate relevant forests under Article 26 (2). |
[This Article Wholly Amended on Mar. 27, 2015]
| Article 32 (Delegation of Authority) |
The Minister of the Korea Forest Service may delegate part of his/her authority under this Act to the Governor of Jeju Special Self-Governing Province or the heads of affiliated agencies, as prescribed by Presidential Decree, and the delegated Governor of Jeju Special Self-Governing Province or the heads of affiliated agencies may redelegate part of his/her authority to administrative mayors or the heads of second-tier affiliated agencies with the consent of the Minister of the Korea Forest Service. <Amended on Dec. 28, 2006; Jan. 25, 2010>
| Article 32-2 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted on Dec. 28, 2006]
CHAPTER V PENALTY PROVISIONS
| Article 33 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Oct. 31, 2017>
| 1. | Any person who installs buildings or other permanent facilities, in violation of the provisions of Article 22 (1); |
| 2. | Any person who acquires products other than those specified in the lease contract or conditions of permission, in violation of the provisions of Article 24 (1). |
ADDENDA <Act No. 7677, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Dispositions, etc.)
Dispositions, contracts, leases, permission for use, etc. rendered towards those, etc. who have obtained a lease, etc. of state forests under the previous Forestry Act at the time this Act enters into force shall be deemed to have been rendered under this Act. Article 3 (Transitional Measures concerning Forestry Plans for State Forests)
Forestry plans for state forests established pursuant to the provisions of Article 73 of the previous Forestry Act at the time this Act enters into force shall be deemed management plans for state forests established under the provisions of Article 8 of this Act. Article 4 (Transitional Measures concerning Sale of State Forests)
The sales contracts of state forests concluded as prescribed in the provisions of Article 80 (1) 2 of the previous Forestry Act at the time this Act enters into force shall be pursuant to the provisions of the previous Forestry Act. Article 5 (Transitional Measures concerning Leased Land for Planting, Land for Sharing Profits from Forests, etc.)
The ex post facto management of leased land for planting or land for sharing profits from forests under the provisions of previous Forestry Act at the time this Act enters into force shall be pursuant to the provisions of the previous Forestry Act. Article 6 (Transitional Measures concerning Deferred Sale)
The deferred sale under the provisions of Article 83 of the previous Forestry Act at the time this Act enters into force shall be made pursuant to the previous Forestry Act. Article 7 Omitted.
Article 8 (Relationship with Other Acts and subordinate Statutes)
Where the previous Forestry Act and provisions thereof are cited in other Acts and subordinate statutes at the time this Act enters into force, this Act or the provisions of this Act corresponding thereto shall be deemed to have been cited in place of the previous provisions when corresponding provisions exist in this Act.
ADDENDUM <Act No. 8102, Dec. 28, 2006>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 (4) shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
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. 9177, Dec. 26, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) |
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
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. 9962, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) Notwithstanding the amended provisions of Article 9 (2), a person who has obtained a lease, etc. of state forests for forest management purposes before this Act enters into force shall be governed by the provisions of the previous Forestry Act: Provided, That this shall not apply where the person who has obtained a lease, etc. of state forests for forest management purposes before this Act enters into force renews the period of such lease, etc. after this Act enters into force. |
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. 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.
ADDENDUM <Act No. 13129, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13252, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Interim Exceptions to State Forests Occupied without Permission)
| (1) | Any person who has occupied or used a state forest without permission for at least ten consecutive years for any of the following purposes and within an area not exceeding the following areas without following the procedures for obtaining a lease, etc. of state forests under Article 21 (1) (an heir or any other universal successor shall be deemed the same person as the person who occupies it without permission; hereafter in this Article the same shall apply) as at the time this Act enters into force shall report such fact to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, within two years from the date this Act enters into force: |
| 1. | Sites for residential facilities prescribed by Presidential Decree: |
| (a) | Regions in the Special Metropolitan City, a Metropolitan City (excluding Guns in a Metropolitan City; hereafter in this paragraph the same shall apply), or a Si (excluding Eups/Myeons in cases of a Si in the combined form of rural and urban communities; hereafter in this paragraph the same shall apply): 500 square meters; |
| (b) | Regions, other than those set forth in item (a): 1,000 square meters; |
| 2. | Sites for religious facilities prescribed by Presidential Decree: 2,000 square meters: Provided, That if a site occupied, without permission, by a traditional temple designated and registered pursuant to the Korean Traditional Temples Preservation and Support Act exceeds 2,000 square meters, less than an area designated and publicly announced as a traditional temple preservation zone shall apply; |
| 3. | Farmland prescribed by Presidential Decree: |
| (a) | Regions in the Special Metropolitan City, a Metropolitan City, or a Si: 5,000 square meters; |
| (b) | Regions, other than those set forth in item (a): 10,000 square meters. |
| (2) | Where a state forest reported pursuant to paragraph (1) satisfies the standards prescribed by Presidential Decree and it is deemed unnecessary to reinstate such state forest as a result of the review conducted in the manner specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, the Minister of the Korea Forest Service may accept a report on conversion of a mountainous district or permit conversion of a mountainous district which is required for the reclassification of land, notwithstanding the provisions of the Mountainous Districts Management Act concerning restrictions of activities within preserved mountainous districts, reporting on conversion of mountainous districts, standards for permission of conversion of mountainous districts, etc. |
| (3) | Where an administrative disposition, such as authorization, permission, or approval granted under other Act or subordinate statute, is necessary for a state forest for which a disposition is to be taken pursuant to paragraph (2), the Minister of the Korea Forest Service shall pre-consult thereon with the head of a relevant administrative agency. |
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 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. 14978, 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 Article 9 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Reporting on Acts such as Afforestation and Felling in Accordance with State Forest Management Plans)
The amended provisions of Article 9 (4) and (5) shall apply, beginning with the first reporting on acts such as afforestation and felling in accordance with state forest management plans after this Act enters into force.
ADDENDUM <Act No. 16706, Dec. 3, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (1) and (5) through (8) shall enter into force six months after the date of its promulgation and the amended provisions of Articles 23 (7) and 26 (3) 1 shall enter into force on January 1, 2020.
ADDENDA <Act No. 16713, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 17008, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation.