ACT ON THE SUSTAINABLE USE OF TIMBERS
Act No. 11429, May 23, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 14358, Dec. 2, 2016
Act No. 14657, Mar. 21, 2017
Act No. 15078, Nov. 28, 2017
Act No. 15391, Feb. 21, 2018
Act No. 16196, Jan. 8, 2019
Act No. 16711, Dec. 3, 2019
Act No. 17010, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to cope with climate change and to contribute to improving the quality of life for people and the sound development of the national economy by increasing the carbon sinking function and other diverse functions of timber and using the timber in a sustainable manner.
The terms used in this Act shall be defined as follows: <Amended on Mar. 21, 2017; Feb. 21, 2018; Jan. 8, 2019>
| 1-2. | The term "raw timber" means a log which does not undergo the sawmilling process after cutting; |
| 2. | The term "timber product" means a product (including any imported product) manufactured by processing timber or any other material physically or chemically, which contains timber as its constituent at a ratio not less than that prescribed by Presidential Decree; |
| 3. | The term "timber production business" means business of cutting, sawmilling or distributing standing timber or bamboo defined in the Creation and Management of Forest Resources Act (including sawmilling and distribution of raw timber and imported products); |
| 4. | The term "timber industry" means an industry producing and selling timber products; |
| 5. | The term "timber culture" means values, knowledge, norms, and lifestyles which are common to the members of society who favor and use timber products that realize diverse functions of timber; |
| 6. | The term "timber culture index" means the degree of settlement and promotion of timber culture indicated in figures; |
| 7. | The term "timber education" means an education whose purposes are to educate the public to understand the importance and obtain knowledge of timber and to have sound hierarchy of values by experiencing and learning diverse functions of timber; |
| 7-2. | The term "timer education specialist" means a person who meets requirements by completing timber education specialist courses, etc. in institutions fostering timber education specialists; |
| 7-3. | The term "institution fostering timber education specialists" means an institution, facility or organization designated pursuant to Article 10-2 (1) to foster timber education specialists; |
| 8. | The term "sustainable use of timber" means the continuous use of timber in a way that can meet the diverse social, economic, cultural and spiritual demands for timber of not only the present generation but the future generation, through the promotion of timber culture, vitalization of timber education, and systematic and stable supply of timber products; |
| 8-2. | The term "timber culture experience center" means a facility and space created to experience timber culture and provide timber education; |
| 8-3. | The term "timber grade evaluator" means a person qualified by this Act who inspects the specifications and quality of timber products prescribed in Article 20 (2), or divides grades by evaluating timber products as prescribed by Presidential Decree; |
| 9. | The term "amount of carbon storage" means the amount of carbon stored in timber products; |
| 10. | The term "regional filter timber" means the timber produced in the regions of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") or in a City/Do adjacent thereto; |
| 11. | The term "product using regional filter timber" means a timber product for which the filter timber produced in the City/Do regions where the timber product is manufactured or in City/Do regions adjacent thereto is used at a higher rate than that prescribed by Presidential Decree. |
| Article 3 (Basic Philosophy) |
The basic philosophy of this Act is, recognizing that the creation of a pleasant living environment and increase of carbon storage through the use of timber are essential factors in promoting national health, enjoying a cultural lifestyle, and coping with climate change, to enable the realization of the sustainable use of timber and, at the same time, to pass the use of timber on to future generations through the promotion of timber culture and vitalization of timber education.
| Article 4 (Responsibilities) |
| (1) | The State and local governments shall endeavor to promote the sustainable use of timber by establishing and implementing measures necessary for the promotion of timber culture, vitalization of timber education, and systematic and stable supply of timber products. <Amended on Mar. 21, 2017> |
| (2) | The Minister of the Korea Forest Service shall formulate and implement necessary policies to ensure the distribution and use of timber or timber products produced (hereinafter referred to as "legally felled") in compliance with the timber harvest-related statutes of the Republic of Korea or the country of origin. <Newly Inserted on Mar. 21, 2017> |
| (3) | Each timber producer shall endeavor to import, distribute, produce, and sell legally felled timber or timber products. <Newly Inserted on Mar. 21, 2017> |
| Article 5 (Relationship to Other Statutes) |
Except as otherwise prescribed in other statues, this Act shall govern the sustainable use of timber.
CHAPTER II ESTABLISHMENT, IMPLEMENTATION, ETC. OF COMPREHENSIVE PLAN
| Article 6 (Establishment, etc. of Comprehensive Plans) |
| (1) | For the sustainable use of timber, the Minister of the Korea Forest Service shall establish and implement a comprehensive plan for sustainable use of timber (hereinafter referred to as "comprehensive plan") every five years. |
| (2) | A comprehensive plan shall include the following: |
| 1. | Current status and prospect of the supply and distribution of timber; |
| 2. | Plans to promote timber culture and vitalization of timber education; |
| 3. | Short- and long-term plans for the supply of and demand for timber and timber products; |
| 4. | Mid- and long-term investment plans to nurture the timber market and the timber industry; |
| 5. | Plans to promote sustainable use of timber; |
| 6. | Research and development projects for strengthening the competitiveness of the timber industry; |
| 7. | Programs for promoting technical training and training of specialists relating to the timber industry; |
| 8. | Plans to revitalize supply and use of domestic timber; |
| 9. | Other matters necessary for the sustainable use of timber. |
| (3) | In establishing or changing a comprehensive plan, the Minister of the Korea Forest Service shall consult in advance with the heads of the relevant central administrative agencies, hear the opinions of the Special Metropolitan City Mayor, a Special Self-Governing City Mayor, Metropolitan City Mayors, Do Governors, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and finalize it after deliberation by the Committee on Sustainable Use of Timber established under Article 9 (1): Provided, That this shall not apply where he or she changes any insignificant matter prescribed by Presidential Decree. |
| (4) | If necessary in establishing a comprehensive plan, the Minister of the Korea Forest Service may request the heads of the central administrative agencies and Mayors/Do Governors concerned to furnish materials. In such cases, the heads of the central administrative agencies and Mayors/Do Governors concerned shall comply with such request unless any extenuating circumstances exist to the contrary. |
| (5) | The Minister of the Korea Forest Service shall establish and execute an annual national implementation plan (hereinafter referred to as "national implementation plan") pursuant to the comprehensive plan. In such cases, the national implementation plan shall include an annual plan for supply of and demand for timber. |
| (6) | The Minister of the Korea Forest Service shall notify the heads of the central administrative agencies concerned and Mayors/Do Governors of the comprehensive plan finalized under paragraph (3) and the national implementation plan established under paragraph (5). |
| Article 7 (Establishment, etc. of Regional Plans) |
| (1) | Upon receipt of notification of the establishment of the comprehensive plan from the Minister of the Korea Forest Service under Article 6 (6), each Mayor/Do Governor shall establish or revise a regional comprehensive plan for the sustainable use of timber (hereinafter referred to as "regional comprehensive plan") every five years. In such cases, upon receipt of notification of the change of the comprehensive plan from the Minister of the Korea Forest Service, he or she shall reflect such change in the regional comprehensive plan, unless there is a compelling reason not to do so. <Amended on Feb. 18, 2020> |
| (2) | Each Mayor/Do Governor shall establish and execute an annual regional implementation plan (hereinafter referred to as "regional implementation plan") pursuant to the comprehensive regional plan and the national implementation plan notified under Article 6 (6). In such cases, the regional implementation plan shall include a plan for supply of and demand for timber. |
| (3) | Each Mayor/Do Governor shall submit a report on the outcomes of executing a regional implementation plan to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry for Food, Agriculture, and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 8 (Survey on Statistics and Actual Conditions, and Establishment and Operation of Information System) |
| (1) | The Minister of the Korea Forest Service shall conduct an annual survey on statistics and actual conditions (hereinafter referred to as "survey on statistics and actual conditions) concerning the sustainable use of timber, including the production, distribution, consumption, etc. of timber products, and reflect the outcomes thereof on the comprehensive plan and national implementation plan. In such cases, the Statistics Act shall apply mutatis mutandis to the survey and preparation of statistics. |
| (2) | In order to provide people with information and materials, etc. relating to the sustainable use of timber and efficiently establish and implement policies necessary for the vitalization of the timber industry, the Minister of the Korea Forest Service shall construct and operate an information system relating to the sustainable use of timber. |
| (3) | If necessary for surveys on statistics and actual conditions and the establishment and operation of the information system pursuant to paragraph (2), the Minister of the Korea Forest Service may request necessary information and materials from the heads of the relevant central administrative agencies, local governments, public institutions (referring to the public institutions under Article 4 of the Act on the Management of Public Institutions; the same shall apply hereinafter), institutions and organizations. In such cases, a person in receipt of a request for information and materials shall comply with such request unless extenuating circumstances exist to the contrary. |
| (4) | The Minister of the Korea Forest Service shall endeavor to provide people with the contents of survey on statistics and actual conditions and the information and materials referred to in paragraph (2) pursuant to the Official Information Disclosure Act. |
| (5) | The scope and method of survey on statistics and actual conditions, and other necessary matters therefor shall be prescribed by Presidential Decree, and matters necessary for the establishment and operation of information system prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 8, 2019> |
CHAPTER III PROMOTION OF TIMBER CULTURE, VITALIZATION OF TIMBER EDUCATION, ETC.
| Article 9 (Committee on Sustainable Use of Timber) |
| (1) | In order to invigorate the sustainable use of timber, a committee on sustainable use of timber (hereinafter referred to as the "Timber Use Committee") shall be established under the control of the Minister of the Korea Forest Service. |
| (2) | The Timber Use Committee shall conduct the following business: <Amended on Mar. 23, 2013; Jan. 8, 2019> |
| 1. | Deliberation of the comprehensive plan pursuant to Article 6 (3); |
| 1-2. | Examination to designate institutions fostering timber education specialists prescribed in Article 10-2 (1); |
| 1-3. | Examination to accredit timber education programs prescribed in Article 10-3 (3); |
| 2. | Examination on certification and authorization under each subparagraph of Article 14 (1); |
| 3. | Examination to designate safe timber products and hazardous timber products under Article 17 (3) and (4); |
| 4. | Examination to designate new technologies for timber products under Article 18 (1); |
| 5. | Examination on criteria for specifications and quality of timber products under Article 20; |
| 6. | Other matters prescribed by Ordinance of the Ministry for Food, Agriculture, and Rural Affairs for the sustainable use of timber. |
| (3) | The Timber Use Committee shall consist of not more than 20 members, including one Chairperson. |
| (4) | The Timber Use Committee may have subcommittees and expert members as prescribed by Presidential Decree. |
| (5) | Matters necessary for the organization, operation, etc. of the Timber Use Committee and subcommittees shall be prescribed by Presidential Decree. |
| Article 10 (Promotion of Timber Culture and Vitalization of Timber Education) |
| (1) | The State and heads of local governments shall endeavor to promote timber culture so that the diverse functions of timber can be realized in people's lives. |
| (2) | The State and heads of local governments shall endeavor to vitalize timber education, such as development, dissemination, etc. of timber education programs necessary in experiencing and learning the diverse functions of timber. |
| (3) | The State and heads of local governments may create a timber culture experience center pursuant to paragraph (1) or (2). <Newly Inserted on Mar. 21, 2017> |
| (4) | In order to efficiently manage timber culture experience centers, the State and heads of local governments may entrust the management of a timber culture experience center to a professional corporation, organization, etc. prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2017> |
| Article 10-2 (Designation, Revocation, etc. of Institutions Fostering Timber Education Specialists) |
| (1) | To efficiently implement timber education, the Minister of the Korea Forest Service may designate timber-related institutions, facilities or organizations meeting the requirements prescribed by Presidential Decree as institutions fostering timber education specialists. |
| (2) | Where an institution fostering timber education specialists falls into any of the following cases, the Minister of the Korea Forest Service may revoke the designation or issue a corrective order: Provided, That where falling into the case in subparagraph 1, the designation shall be revoked; |
| 1. | Where an institution fostering timber education specialists is designated by fraud or other improper means; |
| 2. | Where an institution fostering timber education specialists becomes non-compliant with the requirements for designation prescribed in paragraph (1); |
| 3. | Where an institution fostering timber education specialists violates matters prescribed by Presidential Decree. |
| (3) | The Minister of the Korea Forest Service shall not re-designate persons whose designation is revoked pursuant to paragraph (2) (in cases of corporations, including the representatives thereof) as institutions fostering timber education specialists within one year from the date on which the designation is revoked: Provided, That any person whose designation is revoked on the grounds under paragraph (2) 1 shall be disqualified as an institution fostering timber education specialists within three years from the date on which the designation is revoked. |
| (4) | Matters necessary for the designation, revocation of designation, etc. of institutions fostering timber education specialists prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Jan. 8, 2019]
| Article 10-3 (Development, Dissemination, Accreditation, etc. of Timber Education Programs) |
| (1) | The Minister of the Korea Forest Service or the heads of local governments may develop and disseminate timber education programs to efficiently implement timber education. |
| (2) | A person who intends to operate or develop and disseminate a timber education program may request the Minister of the Korea Forest Service to accredit the timber education program, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That A person who violates paragraph (5) or whose accreditation is revoked pursuant to Article 10-4 (2) shall not file a request for accreditation within three years. |
| (3) | Where a timber education program for which accreditation is requested pursuant to paragraph (2) is in compliance with the criteria for accreditation prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, the Minister of the Korea Forest Service shall grant accreditation by undergoing examination by the Timber Use Committee. |
| (4) | A person who obtains accreditation prescribed in paragraph (3) may put an accreditation mark on the relevant timber education program, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (5) | No accreditation mark prescribed in paragraph (4) nor any mark similar thereto shall be put on timber education programs not accredited pursuant to paragraph (3). |
| (6) | The validity of accreditation prescribed in paragraph (3) shall be three years from the date of accreditation. |
| (7) | Matters necessary for procedures for requesting, methods of marking, etc. accreditation shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Jan. 8, 2019]
| Article 10-4 (Alteration and Revocation of Accreditation) |
| (1) | A person who intends to alter the details of the timber education program accredited pursuant to Article 10-3 (3) shall file a request for the alteration of accreditation with the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That where intending to alter minor matters prescribed by Presidential Decree, it may be notified to the Minister of the Korea Forest Service instead of a request for the alteration of accreditation. |
| (2) | Where a timber education program accredited pursuant to Article 10-3 (3) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the accreditation: Provided, That where falling into the case in subparagraph 1, the accreditation shall be revoked: |
| 1. | Where a timber education program is accredited by fraud or other improper means; |
| 2. | Where a timber education program becomes non-compliant with the criteria for accreditation prescribed in Article 10-3 (3); |
| 3. | Where a timber education program carries an accreditation mark different from the accreditation mark in Article 10-3 (4); |
| 4. | Where the details of a timber education program are altered without a request for alteration or notification of alteration provided in paragraph (1). |
[This Article Newly Inserted on Jan. 8, 2019]
| Article 10-5 (Qualifications, etc. of Timber Education Specialists) |
| (1) | The Minister of the Korea Forest Service shall issue certificates of timber education specialists prescribed by Presidential Decree to those who complete timber education specialist courses, etc. in institutions fostering timber education specialists. |
| (2) | Where a person to whom a certificate is issued pursuant to paragraph (1) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the qualification or suspend the qualification for a period not exceeding three years: Provided, That where falling into the case in subparagraph 1, the qualification shall be revoked: |
| 1. | Where he or she has obtained the qualification by fraud or other improper means; |
| 2. | Where he or she conducts his or her duties during the period of suspension of qualification; |
| 3. | Where the person violates the prohibition of use of title and lending of certificates proscribed in paragraph (3) or (4). |
| (3) | No timber education specialist shall allow other persons to use the title nor lend the certificate to other persons. |
| (4) | No person shall use the title of timber education specialist without acquiring the qualification of timber education specialist, nor borrow such certificate, and nor arrange the use of the title or the lending of certificates. |
| (5) | The Minister of the Korea Forest Service may collect fees from persons who intend to be issued certificates pursuant to paragraph (1), as proscribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| (6) | When intending to implement education at facilities related to timber education and experience, such as a timber culture experience center, the State or local governments shall place timber education specialists at such facilities, as prescribed by Presidential Decree. |
| (7) | Matters necessary for the issuance, etc. of certificates of timber education specialists shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Jan. 8, 2019]
| Article 10-6 (Grounds for Disqualifying Timber Education Specialists) |
None of the following persons shall become a timber education specialist: <Amended on Feb. 18, 2020>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person who is sentenced to imprisonment without prison labor or higher punishment for violating this Act and for whom two years have not passed from the date on which the execution of the punishment is terminated (including cases where the execution of the punishment is deemed to be terminated) or exempted; |
| 3. | A person who is sentenced to imprisonment without prison labor or higher punishment for violating this Act and whose period of suspension of execution is not terminated; |
| 4. | A person who commits any of the following crimes and is sentenced to a punishment, or medical treatment and custody and for whom ten years have not passed from the date on which the execution of the entire or part of the punishment, or medical treatment and custody is terminated (including cases where the execution is deemed to be terminated), suspended or exempted after the sentence is declared final and conclusive: |
| (b) | Sexual crimes provided in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 5. | A person whose qualification is lost or suspended by court decision or under other statutes. |
[This Article Newly Inserted on Jan. 8, 2019]
| Article 11 (Measurement and Announcement of Timber Culture Index) |
| (1) | The Minister of the Korea Forest Service shall measure and make a public notification of timber culture indices of Cities/Dos every year. |
| (2) | Every year, each Mayor/Do Governor shall measure, and make a public notification of, the timber culture index of the Si/Gun/Gu (Gu means an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") under his or her jurisdiction. <Amended on Mar. 21, 2017> |
| (3) | Measurement of the timber culture indices referred to in paragraphs (1) and (2) may be entrusted to the Timber Culture Promotion Association prescribed in Article 16. |
| (4) | Standards for and method of measurement of the timber culture indices referred to in paragraphs (1) and (2), procedures for public announcement thereof and other necessary matters shall be prescribed by Presidential Decree. |
| Article 12 (Succession and Development of Traditional Timber Culture) |
| (1) | The State and local governments shall devise measures necessary for the succession and development of traditional timber culture and provide such information to the public. |
| (2) | In order to develop and disseminate diverse timber products and production technology therefor utilizing traditional timber processing technology, the Minister of the Korea Forest Service may operate a timber product master authorization system. <Amended on Dec. 2, 2016> |
| Article 13 (Promotion, etc. of Regional Timber Culture) |
| (1) | In order to promote regional timber culture and increase carbon sinks (referring to the carbon sinks defined in subparagraph 10 of Article 2 of the Act on the Management and Improvement of Carbon Sink; hereafter the same shall apply in this Article), the Minister of the Korea Forest Service or the head of a local government may implement measures to facilitate the use of regional filter timber. |
| (2) | In order to promote regional timber culture and increase carbon sinks, the Minister of the Korea Forest Service may certify the products using regional filter timber. |
| Article 14 (Certification, Authorization, etc.) |
| (1) | A person who intends to obtain any of the following certification or authorization may file an application for certification or authorization with the Minister of the Korea Forest Service as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs: <Amended on Mar. 23, 2013> |
| 1. | Deleted; <Dec. 2, 2016> |
| 2. | Deleted; <Dec. 2, 2016> |
| 3. | Authorization of a master of timber products; |
| 4. | Certification of a product using regional filter timber. |
| (2) | Upon receipt of an application for any certification or authorization prescribed in each subparagraph of paragraph (1), the Minister of the Korea Forest Service shall examine it after the examination by the Committee on Use of Timber. In such cases, if the result of examination meets the criteria for certification or authorization prescribed by Presidential Decree, he or she shall certify or authorize the requested matter. |
| (3) | Deleted. <Dec. 2, 2016> |
| (4) | If any certification or authorization granted under paragraph (2) falls under any of the following subparagraphs, the Minister of the Korea Forest Service may revoke such certification or authorization: Provided, That in cases falling under subparagraph 1, such certification or authorization shall be revoked: |
| 1. | Where a certification or authorization is obtained by fraud or other improper means; |
| 2. | Where a person allows any other person use his or her trade name or title; |
| 3. | Where it does not meet the criteria for certification or authorization referred to in paragraph (2). |
| (5) | No application for certification or authorization revoked under paragraph (4) shall be filed until three years pass from the date on which the revocation thereof is made. |
| (6) | Procedures for certification and application pursuant to paragraph (1), method of indicating certification and authorization, and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 15 (Indication, Measurement, etc. of Carbon Stored Amount) |
| (1) | The Minister of the Korea Forest Service may enforce indication of the amount of carbon storage of the timber products prescribed by Presidential Decree. |
| (2) | The Minister of the Korea Forest Service may have any timber specialized agency prescribed by Presidential Decree measure the amount of carbon storage on his or her behalf. |
| (3) | The method of indicating the amount of carbon storage under paragraph (1) or other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 16 (Timber Culture Promotion Association) |
| (1) | For the purposes of promoting timber culture, vitalizing timber education, and facilitating sustainable use of timber, the Timber Culture Promotion Association (hereinafter referred to as the "Association") shall be established under the control of the Minister of the Korea Forest Service. |
| (2) | The Association shall engage in the following business: <Amended on Mar. 23, 2013> |
| 1. | Survey, research, education, publicity, etc. of timber culture and timber education; |
| 2. | Promotion of timber culture and vitalization of timber education; |
| 3. | Improvement of the timber culture index; |
| 4. | Measurement of amount of carbon storage; |
| 5. | Other activities prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs as necessary for the sustainable use of timber. |
| (3) | The Association shall be a juristic person, and shall be established by effecting the registration for incorporation in the place in which its main office is located. |
| (4) | The expenses incurred for the business of the Association shall be appropriated by membership fees, operating costs, consignment fees, etc, and the State or local governments may partially subsidize the required expenses. |
| (5) | Organization of, and scope of the business to be performed by, the Association and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| (6) | Except as otherwise prescribed in this Act, the provisions of the Civil Act which pertain to incorporated associations shall apply mutatis mutandis to the Association. |
CHAPTER IV IMPORT CUSTOMS CLEARANCE AND QUALITY CONTROL OF TIMBER AND TIMBER PRODUCTS
| Article 17 (Safety Evaluation, etc. of Timber Products) |
| (1) | The Minister of the Korea Forest Service may conduct a safety evaluation of timber products (hereinafter referred to as "safety evaluation") to prevent any physical or chemical harm to people and environment at the time the timber products are produced, sold or used. |
| (3) | The Minister of the Korea Forest Service may designate a timber product whose results of safety evaluation conducted by the Committee on Use of Timber is acknowledged to be exemplary as an extremely safe timber product after the examination by the Committee on Use of Timber. |
| (4) | The Minister of the Korea Forest Service may designate a product whose results of safety evaluation conducted by the Committee on Use of Timber is deemed a hazardous timber product, and impose an order to restrict the production or sale or to dispose of such product as prescribed by Presidential Decree. |
| (5) | A person who is dissatisfied with the result of a safety evaluation may raise an objection thereto and re-undergo the safety evaluation as prescribed by Presidential Decree. |
| (6) | The subject matters of, standards for, method and term of validity of safety evaluation, criteria and procedures for the designation of extremely safe timber products or hazardous timber products, method to dispose of a hazardous timber product, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 18 (Designation of New Technology for Timber Products) |
| (1) | In order to improve the technology and facilitate development of new technologies for manufacturing timber products, the Minister of the Korea Forest Service may designate a technology which satisfies the criteria prescribed by Presidential Decree as a new technology for timber products. |
| (2) | In order for the Minister of the Korea Forest Service to designate a new technology for timber products under paragraph (1), he or she shall undergo the technology analysis conducted by the Korea Forestry Promotion Institute and examination conducted by the Committee on Use of Timber. |
| (3) | Article 14 (4) shall apply mutatis mutandis to the revocation of designation of a new technology. In such cases, "paragraph (2)" shall be construed as "paragraph (1)" and "certification or authorization" shall be construed as "designation of a new technology for timber products". |
| (4) | Procedures for designation of a new technology for timber products and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 19 (Preferential Purchase) |
| (1) | Notwithstanding the provisions of any other Acts, the State, local governments or public institutions may preferentially purchase any of the following timber products: <Amended on Nov. 28, 2017> |
| 1. | Deleted; <Dec. 2, 2016> |
| 2. | A timber product manufactured by a person authorized as a master of timber products under Article 14 (1) 3; |
| 3. | A timber product certified as a product using regional filter timber under Article 14 (1) 4; |
| 4. | A safe timber product designated under Article 17 (3); |
| 5. | A timber product manufactured using new technology for timber products designated under Article 18 (1). |
| (2) | Where the State, a local government or the head of a public institution intends to conclude a procurement contract for timber or timber products in an amount below the amount prescribed by Presidential Decree, it shall preferentially purchase domestic timber or domestic timber products at a rate equal to or higher than a specific rate prescribed by Presidential Decree in consideration of international agreements, etc. <Inserted on Nov. 28, 2017> |
| Article 19-2 (Import Declaration) |
| (1) | Where an importer imports any timber or timber product prescribed by Presidential Decree to sell or use it for business purposes, he or she shall file an import declaration thereof with the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Dec. 3, 2019> |
| (2) | The Minister of the Korea Forest Service shall notify, a person who filed an import declaration, of whether the declaration has been accepted within three days from the date of the receipt of such declaration under paragraph (1). <Newly Inserted on Dec. 3, 2019> |
| (3) | Where the Minister of the Korea Forest Service fails to notify, a person who filed an import declaration, of whether the declaration has been accepted or of the extension of the processing period pursuant to the statutes or regulations related to the processing of civil petitions, within the period prescribed in paragraph (2), the import declaration shall be deemed accepted on the following day after the end of such period (referring to the relevant processing period where the processing period under the statutes or regulations related to the processing of civil petitions is extended or re-extended). <Newly Inserted on Dec. 3, 2019> |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 19-3 (Import Inspection, etc.) |
| (1) | The Minister of the Korea Forest Service shall require an inspection agency designated by the Minister of the Korea Forest Service out of the following institutions or institutes, equipped with qualifications including personnel and organization requirements, prescribed by Presidential Decree, which are necessary for inspecting evidential documents showing that the timber or timber product an import declaration of which has been filed pursuant to Article 19-2 (1) was legally felled before the completion of customs clearance. In such cases, an import declaration may be received under the condition that the sale or distribution of the relevant timber or timber product be prohibited until results of the inspection are verified or supplementary measures are taken for violations, if any. <Amended on Dec. 3, 2019> |
| 2. | A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes. |
| (2) | Where an inspection agency inspects any document pursuant to paragraph (1), it shall verify whether the document falls under any of the following: |
| 1. | A permit for felling issued pursuant to the statutes of the country of origin; |
| 2. | A document prescribed and publicly notified by the Minister of the Korea Forest Service, which is widely used internationally to certify that the relevant timber or timber product has been legally felled; |
| 3. | A document prescribed and publicly notified by the Minister of the Korea Forest Service, which is mutually recognized in accordance with bilateral consultations between the Republic of Korea and the country of origin; |
| 4. | Any other documents prescribed and publicly notified by the Minister of the Korea Forest Service, which verify that the relevant timber or timber product has been legally felled. |
| (3) | The Minister of the Korea Forest Service may issue an order to suspend the sale of any timber or timber product, which has not been proven to be legally felled as a result of an inspection conducted under paragraph (2), or an order to return or destroy such timber or timber product, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 19-4 (Registration, etc. of Timber Grade Evaluators) |
| (1) | A person who intends to become a timber grade evaluator shall file a registration with the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, meeting the qualifications prescribed by Presidential Decree. |
| (2) | Where a person who has been qualified as a timber grade evaluator pursuant to paragraph (1) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the qualification or suspend the qualification for a period not exceeding six months: Provided, That where falling into any of the cases in subparagraphs 1 through 3, the qualification shall be revoked: |
| 1. | Where the person is qualified as a timber grade evaluator by fraud or other improper means; |
| 2. | Where the person conducts business during the period of suspension of qualification; |
| 3. | Where the person falsely issues notices of the results of inspecting the specifications and quality of timber products prescribed in Article 20; |
| 4. | Where the person violates matters prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 21, 2018]
| Article 19-5 (Duties of Timber Grade Evaluators) |
A timber grade evaluator prescribed in Article 19-4 shall conduct the following duties: | 1. | Inspecting the specifications and quality of timber products prescribed in Article 20 (2); |
| 2. | Evaluating and grading timber products; |
| 3. | Other affairs necessary for the improvement of quality of timber products, protection of consumers and establishment of order in distribution, which are prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 21, 2018]
| Article 20 (Publication, Inspection, etc. of Criteria for Specifications and Quality of Timber Products) |
| (1) | In order to improve quality of timber products, protect consumers and establish order in distribution, the Minister of the Korea Forest Service shall publish the criteria for specifications and quality of timber products prescribed by Presidential Decree. <Amended on Dec. 2, 2016> |
| (2) | Where a person who has manufactured or imported a timber product for which the criteria for specifications and quality are published pursuant to paragraph (1) intends to sell or distribute such product, he or she shall prove himself/herself that such timber product meets the criteria for specifications and quality by requesting any of the following persons to conduct a prior inspection of specifications and quality: Provided, That where a person who has imported timber products prescribed by Presidential Decree, such as wood pellets, intends to clear it through customs, he or she shall undergo a prior inspection of specifications and quality: <Amended on Dec. 2, 2016; Feb. 21, 2018> |
| 1. | The Korea Forestry Promotion Institute; |
| 2. | An institution the Minister of the Korea Forest Service determines and publishes among universities, research institutes or relevant associations meeting the following requirements that are needed to inspect the specifications and quality of timber products: |
| (a) | Timber product quality testers and analysis apparatuses; |
| (b) | Timber product quality testing rooms; |
| (c) | At least one person able to operate the apparatuses in item (a), who holds a master's degree or higher degree in areas related to forest products processing or a license of forest products processing engineers or higher license prescribed by the National Technical Qualifications Act; |
| 3. | A foreign institution the Minister of the Korea Forest Service recognizes and publishes to be equal to or more capable than the institutions in subparagraph 1 or 2 in inspections among inspecting institutions certified by the export country of timber products; |
| 4. | A factory of a person who has manufactured timber products (hereinafter referred to as "self-inspecting factory"), which is designated by the Minister of the Korea Forest Service after meeting the requirements to self-inspect specifications and quality; |
| 5. | A timber grade evaluator: Provided, That timber products the timber grade evaluator can inspect, items of inspection, etc. shall be prescribed by Presidential Decree. |
| (3) | Where a timber product subject to an inspection of specifications and quality under paragraph (2) is certified pursuant to Article 15 of the Industrial Standardization Act, the Minister of the Korea Forest Service may exempt all or part of the inspection of specifications and quality under paragraph (2), as prescribed by Ordinance of the Ministry of Food, Agriculture and Rural Affairs. <Newly Inserted on Dec. 2, 2016> |
| (4) | Where a timber product passes an inspection of specifications and quality under paragraph (2), a person who has manufactured or imported the timber product shall keep the documents on the results of such inspection for a period prescribed by Presidential Decree. <Newly Inserted on Dec. 2, 2016> |
| (5) | The Minister of the Korea Forest Service may issue an order to suspend the sale of, return or dispose of any timber product that fails to pass an inspection of specifications and quality conducted pursuant to paragraph (2), as prescribed by Presidential Decree. <Amended on Dec. 2, 2016> |
| (6) | A person who intends to clear through customs, sell, distribute or keep a timber product which has passed an inspection of specifications and quality pursuant to paragraph (2) shall indicate the results of such inspection in conspicuous places readily visible to consumers. <Amended on Dec. 2, 2016; Feb. 21, 2018> |
| (7) | A person who is dissatisfied with the result of the inspection of specifications and quality conducted pursuant to paragraph (2) 1 may raise an objection and undergo a re-inspection, as prescribed by Presidential Decree. <Amended on Dec. 2, 2016> |
| (8) | Where an institution inspecting specifications and quality or a self-inspecting factory prescribed in paragraph (2) 2 through 4 (hereinafter referred to as "institution, etc.") falls into any of the following cases, the Minister of the Korea Forest Service may revoke the designation or recognition of the institution, etc. or order the suspension of inspection business by fixing a period not exceeding six months: Provided, That where falling into any of the cases in subparagraphs 1 through 3, the designation or recognition shall be revoked: <Newly Inserted on Feb. 21, 2018> |
| 1. | Where an institution, etc. has obtained designation and recognition prescribed in paragraph (2) 2 through 4 by fraud or other improper means; |
| 2. | Where an institution, etc. conducts inspection business during the period of suspension of inspection business; |
| 3. | Where an institution, etc. falsely issues a notice of results of inspecting specifications and quality; |
| 4. | Where an institution, etc. violates the criteria for designation and recognition prescribed in paragraph (9). |
| (9) | Matters necessary for inspections of specifications and quality of timber products, such as procedures for inspections, the term of validity of inspections, standards, procedures, alteration and revocation of designation and recognition of institutions, etc., methods of return or disposal, standards for the indication of specifications and quality pursuant to paragraphs (2) through (8) shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016; Feb. 21, 2018> |
[Title Amended on Dec. 21, 2018]
| Article 21 (Certification of Timber Products) |
| (1) | The Minister of the Korea Forest Service may grant certification of products under Article 15 of the Industrial Standardization Act (hereinafter referred to as "timber product certification") in order to enhance the qualify of timber products and protect consumers. <Amended on Mar. 21, 2017> |
| (2) | Deleted. <Mar. 21, 2017> |
| (3) | Deleted. <Mar. 21, 2017> |
| (4) | Deleted. <Mar. 21, 2017> |
| (5) | If necessary for the improvement of quality, promotion of production, etc., the Minister of the Korea Forest Service may subsidize a person who produces a timber product that has obtained timber product certification with a fund within budgetary limits. <Amended on Mar. 21, 2017> |
| (6) | Deleted. <Mar. 21, 2017> |
[Title Amended on Mar. 21, 2017]
| Article 22 (Revocation, etc. of Determination on Specification and Quality Inspections) |
| (1) | If deemed necessary to maintain the quality level of timber products which have passed an inspection of specifications and quality or to protect customers, the Minister of the Korea Forest Service may have any relevant public official or employee of the Korea Forestry Promotion Institute collect the timber product distributed and sold, and investigate or inspect whether it satisfies each of the following conditions or to peruse the relevant documents. In such cases, each public official who conducts collection, investigation, inspection, or perusal shall carry a document indicating his or her authority and present it to interested persons: <Amended on Dec. 2, 2016; Mar. 21, 2017> |
| 1. | Whether it has passed an inspection of specifications and quality pursuant to Article 20 (2); |
| 2. | Whether the indication of specifications and quality pursuant to Article 20 (6) is accurate; |
| 3. | Whether it meets the criteria for specifications and quality; |
| 4. | Other matters concerning specifications and quality. |
| (2) | Where intending to collect a timber product to conduct an investigation or inspection thereon or peruse relevant documents pursuant to paragraph (1), the Minister of the Korea Forest Service shall notify an interested person of an investigation, inspection or perusal plan which contains the purpose, date, details, etc. in writing or by electronic means at least seven days prior to the investigation, inspection, or perusal: Provided, That where the prior notice makes it impossible to achieve the purposes of the investigation, inspection, or perusal as the person is likely to hide the timber product distributed and sold, or to destroy the relevant documents, the Minister may notify the interested person orally of such fact at the same time the investigation, inspection, or perusal takes place. <Amended on Dec. 3, 2019> |
| (3) | No interested person under paragraph (1) shall refuse, obstruct or evade the collection, investigation, inspection or perusal without good cause. <Amended on Dec. 3, 2019> |
| (4) | If an indication of specifications and quality made under Article 20 (6) falls under any of the following cases, the Minister of the Korea Forest Service may revoke the determination on the inspection of specifications and quality, or take a disposition to change or suspend the use of the indication or to suspend sale of the relevant timber product: <Amended on Dec. 2, 2016; Mar. 21, 2017; Dec. 3, 2019> |
| 1. | Where the relevant timber product has passed an inspection of specifications and quality by fraud or other improper means; |
| 2. | Where any indication of specifications and quality is falsified or inconsistent with the facts; |
| 3. | Where the relevant timber product is manufactured or sold differently from the one which has passed an inspection of specifications and quality; |
| 4. | Where the relevant timber product fails to meet the criteria for specifications and quality; |
| 5. | Where the relevant timber product fails to meet the standards for the indication of specifications and quality; |
| 6. | Where the disposition to change or suspend the use of the indication is not complied with. |
| (5) | Where the indication of specifications and quality prescribed in Article 20 (6) is likely to inflict serious harm on people's safety, falling under any of the subparagraphs of paragraph (4), the Minister of the Korea Forest Service may order a recall to a person who has manufactured or imported the timber product pursuant to Article 20 (2). <Newly Inserted on Feb. 21, 2018; Dec. 3, 2019> |
| (6) | Matters necessary for the revocation of determination on the inspection of specifications and quality, disposition to change or suspend the use of indications, and disposition to suspend the sale of timber products under paragraph (4), and criteria, procedures, etc. for recall under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 21, 2018; Dec. 3, 2019> |
[Title Amended on Dec. 21, 2017]
| Article 23 (Disclosure of Information on Timber Products) |
The Minister of the Korea Forest Service shall disclose the following information as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. In such cases, the Minister of the Korea Forest Service may entrust the disclosure thereof to the Korea Forestry Promotion Institute: <Amended on Mar. 23, 2013; Dec. 2, 2016>
| 1. | The result of the inspection of standard dimensions and quality conducted under Article 20 (2) 1; |
| 2. | Deleted; <Mar. 21, 2017> |
| 3. | The result of the investigation and inspection conducted under Article 22 (1). |
CHAPTER V VITALIZATION OF DISTRIBUTION AND USE OF TIMBER
| Article 24 (Registration, etc. of Timber Production Business) |
| (1) | A person who intends to operate a timber production business shall file a registration with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the seat of its main office, in compliance with the standards prescribed by Presidential Decree. In such cases, the head of th relevant Si/Gun/Gu shall issue him or her a certificate of registration. |
| (2) | Where the trade name, title, location of office or any other matter prescribed by Presidential Decree is changed, the person who has registered the timber production business under paragraph (1) (hereinafter referred to as "timber producer") shall file a report thereon to the head of a Si/Gun/Gu. |
| (3) | No timber producer shall allow any other person to operate a timber production business making use of his or her trade name or title or to lend his or her certificate of registration to any other person. |
| (4) | Where a timber producer intends to transfer his or her timber production business or have it merged, he or she shall file a report thereon to the head of a Si/Gun/Gu as prescribed by Presidential Decree. |
| (5) | The head of a Si/Gun/Gu shall notify, a person who filed a report, of whether the report has been accepted within 15 days from the date of the receipt of such report under paragraph (2) or (4). <Newly Inserted on Dec. 3, 2019> |
| (6) | Where the head of a Si/Gun/Gu fails to notify, a person who filed a report, of whether the report has been accepted or of the extension of the processing period pursuant to the statutes or regulations related to the processing of civil petitions, within the period prescribed in paragraph (5), the report shall be deemed accepted on the following day after the end of such period (referring to the relevant processing period where the processing period under the statutes or regulations related to the processing of civil petitions is extended or re-extended). <Newly Inserted on Dec. 3, 2019> |
| (7) | Where a report under paragraph (4) is accepted (including cases in which a report is deemed to be accepted pursuant to paragraph (6)), a transferee, or a corporation newly-established or surviving after the merger shall succeed to the status of the previous timber producer on the date such transfer or merger takes place. <Newly Inserted on Dec. 3, 2019> |
| Article 25 (Grounds for Disqualification) |
No person falling under any of the following subparagraphs may file a registration for a timber production business. The same shall apply to a corporation, if any of its executive officers falls under any of the following subparagraphs: <Amended on Dec. 2, 2016>
| 1. | A person declared bankrupt and yet to be reinstated; |
| 2. | A person for whom two years have not passed since his or her registration was revoked (excluding the cases where his or her registration has been revoked because it falls under subparagraph 1); |
| 3. | A person for whom two years have not passed since the execution of his or her imprisonment with labor declared by a court for violating this Act was terminated (including cases where such execution is deemed to have been terminated) or exempted; |
| 4. | A person subject to suspended sentence of imprisonment with labor declared by a court for violating this Act. |
| Article 26 (Revocation, etc. of Registration) |
| (1) | If a timber producer (in cases of subparagraph 2, including the executives of timber producers who are juristic persons) falls under any of the following cases, the head of a Si/Gun/Gu may revoke registration for timber production business or order the suspension of business for a fixed period of not more than six months: Provided, That in cases falling under subparagraph 1 or 2, the registration for timber production business shall be revoked: <Amended on Mar. 21, 2017; Jan. 8, 2019; Feb. 18, 2020> |
| 1. | Where the timber producer is registered under Article 24 (1) by fraud or other improper means; |
| 2. | Where the timber producer falls under any of the subparagraph of Article 25: Provided, That in cases of corporations, cases where if there is an executive who falls under any of the subparagraphs of Article 25, the corporation eliminates the grounds within three months from the date on which the grounds occur shall be excluded; |
| 3. | Where the timber producer fails to meet the standards for registration of timber production business; |
| 5. | Where the timber producer fails to report under Article 24 (4); |
| 6. | Where the timber producer fails to keep books or a document verifying that the relevant timber or timber products have been legitimately logged, in violation of Article 27 (1); |
| 7. | Where the timber producer fails to submit a report, or refuses, obstructs or evades an inspection prescribed in Article 27 (2) without any justifiable reason; |
| 8. | Where the timber producer conducts business during the period of business suspension. |
| (2) | Detailed standards for revocation of registration, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree taking the types and level of violations, etc. into consideration. |
| (3) | Where any timber producer is subject to a disposition of revocation of timber production business registration under paragraph (1), he or she shall be prohibited from operating timber production business from the date of such revocation: Provided, That he or she may continue to distribute the timber which has been contracted for distribution before receiving such disposition of revocation of registration. |
| Article 27 (Guidance and Supervision) |
| (1) | Each timber producer shall retain books specifically stating the types, volume of distribution, etc. of timber as well as a document verifying that the relevant timber or timber products have been legally felled, as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. In such cases, the document verifying that the relevant timber or timber products have been legally felled shall be kept for five years. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | If deemed necessary to ascertain the fulfillment of the standards for registration or current status of distribution of timber, etc., the head of a Si/Gun/Gu may request any timber producer to report on his or her business or have his or her public official inspect the facilities, equipment, documents, etc. |
| (3) | Where an inspection is conducted under paragraph (2), the date and time of, reasons for, and matters subject to the inspection shall be notified to the relevant timber producer seven days before the inspection is conducted: Provided, That this shall not apply where it is deemed impractical to accomplish the purpose of inspection due to the destruction of evidence, etc., if a prior notification is made. |
| (4) | Each public official who conducts an inspection under paragraph (2) shall carry a document indicating his or her authority and show it to interested persons. |
| (5) | No timber producer may refuse, obstruct or evade the inspection prescribed in paragraph (2) without any justifiable reason. |
| Article 28 (Vitalization of Sustainable Use of Timber) |
| (2) | For the efficient use of timber and systematic nurturing of the timber industry, the Minister of the Korea Forest Service may assist in the development of timber distribution complexes or the timber industry complexes. |
| (3) | For the systematic distribution of timber, each timber producer shall endeavor to produce and sell the timber, sorted into by quality grades as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 28-2 (Public Notice of Standard Dimensions of Raw Timber) |
In order to promote fair trade of raw timber produced in the Republic of Korea, the Minister of the Korea Forest Service shall determine and publicly notify the dimensions, quality, grades, etc. of raw timber.
[This Article Newly Inserted on Mar. 21, 2017]
| Article 29 (Restriction, etc. on Distribution of Timber or Timber Products) |
| (1) | If deemed necessary for the adjustment of supply and demand, establishment of distribution order or securing of safety of timber or timber products, the Minister of the Korea Forest Service may restrict the production, sale, distribution or use of timber or timber products prescribed by Presidential Decree. In such cases, he or she shall make a public notification of the reasons and subject matter of such restriction after prior consultations with the heads of the relevant central administrative agencies. |
| (2) | The Minister of the Korea Forest Service may establish guidelines for efficient and safe use of timber and timber products and provide guidance for using them in accordance with such guidelines. |
| Article 30 (Facilitation of Development of Technologies Related to Timber Industry) |
| (1) | The State and local governments may implement the following to facilitate the development of timber industry-related technologies: |
| 1. | Research and development of technologies related to the timber industry; |
| 2. | Acquisition of rights and commercialization of developed technologies; |
| 3. | Technological cooperation and exchanges of information related to the timber industry; |
| 4. | Other matters necessary for research and development of technologies related to the timber industry. |
| (2) | In order to facilitate the development of technologies related to the timber industry pursuant to paragraph (1), the Minister of the Korea Forest Service may subsidize the expenses incurred by a person who develops timber industry-related technologies or industrializes them. |
| Article 31 (Training of Technical Manpower) |
| (1) | Where necessary to train the technical manpower required for the sustainable use of timber, the Minister of the Korea Forest Service may designate any of the following schools, agencies, etc. as a specialist training agency to conduct necessary education and training: |
| 2. | Education and training institutions affiliated to the National Forestry Cooperative Federation established under the Forestry Cooperatives Act; |
| 4. | Research institutes, agencies or organizations established for the purpose of timber-related research activities, etc. |
| (2) | The Minister of the Korea Forest Service may fully or partially subsidize the expenses required for education and training conducted by the specialist training agencies designated under paragraph (1) within budgetary limits. |
| (3) | The Minister of the Korea Forest Service may, in employing or calculating years of work experience of public officials in forestry service, add points to the technical manpower having completed education or training pursuant to paragraph (1) and persons who have obtained national technical qualifications under the National Technical Qualifications Act (hereinafter referred to as "technical manpower, etc."), or include the requirements to employ technical manpower in the standards for registration of corporations engaged in forest business. |
| (4) | Matters concerning the standards for designation of a specialist training agency and the criteria for recognition of technical manpower, etc. shall be prescribed by Presidential Decree. |
| (5) | Where a specialist training agency designated pursuant to paragraph (1) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the designation or order correction, as prescribed by Presidential Decree: Provided, That where falling into the case in subparagraph 1, the designation shall be revoked: <Newly Inserted on Feb. 21, 2018> |
| 1. | Where a specialist training agency has been designated by fraud or other improper means; |
| 2. | Where a specialist training agency becomes non-compliant with designation standards; |
| 3. | Where a specialist training agency fails to establish training courses within one year from the date on which it is designated or fails to conduct business for at least one year; |
| 4. | Where an agency designated as a specialist training agency operates training courses at a non-designated place or operates training courses different from those presented at the time of designation. |
| Article 32 (Wood-Structural Engineers) |
| (1) | For purposes of promoting the safety of wood structure, improving the quality level of wood-structural architecture, and facilitating otherwise the development of wood-structural technology, the Minister of the Korea Forest Service may operate a wood-structural engineer qualification system. |
| (2) | Types of and qualifications and other necessary matters for a wood-structural engineer shall be prescribed by Presidential Decree. |
| (3) | A wood-structural engineer shall conduct each of the following: |
| 1. | Installation and management of wood structures; |
| 2. | Construction and management of timber houses and wooden buildings; |
| 3. | Other matters prescribed by Presidential Decree. |
| (4) | No wood-structural engineer shall be employed concurrently by two or more business entities, and shall allow any other person use his or her name or lend his or her qualification certificate to any other person. |
| (5) | If a wood-structural engineer falls under any of the following subparagraphs, the Minister of the Korea Forest Service may revoke his or her qualifications or order to suspend his or her qualifications for a period not exceeding three years: Provided, That in cases falling under subparagraph 1, 3 or 4, his or her qualifications shall be revoked: |
| 1. | Where his or her qualifications for a wood-structural engineer are obtained by fraud or other improper means; |
| 2. | Where he or she is in violation of the restriction on employment or lending of qualification certificate prescribed in paragraph (4); |
| 3. | Where he or she continues to perform his or her business affairs during the period of suspension of qualifications; |
| 4. | Where he or she prepares a false document or intentionally performs his or her business affairs deceptively; |
| 5. | Where he or she conducts his or her business affairs (including documentary preparations) contrary to the truth by negligence. |
| (6) | Detailed standards for administrative dispositions to be made under paragraph (5) shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs, taking the types, seriousness of violations, etc. into consideration. <Amended on Mar. 23, 2013> |
| (7) | For smooth operation of the wood-structural engineer qualification system and the employment of and support for business start-ups by wood-structural engineers, the Minister of the Korea Forest Service may administer the qualifications and careers of wood-structural engineers. |
| (8) | Matters concerning the issuance of qualification certificates to wood-structural engineers, report on the status of issuance thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
| (9) | No one shall borrow, or suggest to borrow, the qualification certificate issued under paragraph (8). |
| Article 33 (Facilitation of International Cooperation and External Market Penetration) |
| (1) | The State and local governments may establish and implement measures necessary for comprehending international trends of policies for the timber industry, facilitating international cooperation, etc. |
| (2) | In order to facilitate the international cooperation for the timber industry and penetration thereof into external market, the State and local governments may implement programs for international exchanges of manpower, joint international research, etc. |
| Article 34 (Cooperation from Relevant Agencies) |
Where necessary to verify whether any timber or timber product has been legally felled, the Minister of the Korea Forest Service may request the head of the relevant administrative agency to provide the relevant import declaration or any other relevant data. In such cases, the head of the relevant administrative agency shall comply with such request unless there is a compelling reason not to do so.
[This Article Wholly Amended on Mar. 21, 2017]
| Article 35 (Implementation of Projects related to Timber Industry by Local Governments) |
| (1) | For the dissemination of technologies necessary for the timber industry, the Minister of the Korea Forest Service may require the heads of local governments to implement the following: |
| 1. | Collection of information required for dissemination of timber industry-related technologies; |
| 2. | Implementation of timber-related education and experience programs; |
| 3. | Establishment and operation of programs for training of timber industry-related technologies; |
| 4. | Other projects deemed by the Minister of the Korea Forest Service as necessary. |
| (2) | The Minister of the Korea Forest Service may subsidize the expenses necessary for the efficient implementation of the projects set forth in paragraph (1) within budgetary limits. |
| Article 36 (Honorary Observers of Use of Timber) |
| (1) | In order to establish fair order in the distribution of timber products which have obtained the indications of standard dimensions and quality and indications of certification under this Act, the Minister of the Korea Forest Service may commission any of the following persons as an honorary observer of use of timber and assign him or her to provide guidance, publicity, and education concerning the products being distributed, and to report any offenses thereof: <Amended on Mar. 23, 2013; Dec. 2, 2016; Mar. 21, 2017> |
| 2. | Members or employees of any non-profit corporation established by permission from the Minister for Food, Agricultural and Rural Affairs or Administrator under his or her control pursuant to Article 32 of the Civil Act; |
| (2) | The Minister of the Korea Forest service may pay honorary observers of use of timber the expenses required for observation activities within budgetary limits. |
| (3) | Matters necessary for the qualifications and method of commissioning honorary observers of use of timber, their duties, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013> |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| (1) | A person who operates the timber industry shall submit information necessary for the sustainable use of timber, to the head of the relevant local government, as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017> |
| (2) | The scope of the timber industry subject to the submission of necessary information under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 38 (Financial Assistance) |
The Minister of the Korea Forest Service or the heads of local governments may, for the sustainable use of timber and the promotion of the timber industry, lend loans or offer subsidies to cover all or part of the expenses required by a person who implements the following as prescribed by Presidential Decree:
| 1. | Production, sale, distribution, use, processing, or storage of timber and timber products; |
| 2. | Promotion of timber culture or vitalization of timber education; |
| 3. | Research and development for laying foundation for, and innovating technology of, the timber industry; |
| 4. | Other programs prescribed by Presidential Decree for the increase of use of timber. |
The Minister of the Korea Forest Service shall hold a hearing in advance when intending to take any of the following dispositions: <Amended on Dec. 2, 2016; Mar. 21, 2017; Feb. 21, 2018; Jan. 8, 2019; Dec. 3, 2019>
| 1. | Revoking the designation of an institution fostering timber education specialists prescribed in Article 10-2 (2); |
| 2. | Revoking the accreditation of a timber education program prescribed in Article 10-4 (2); |
| 3. | Revoking or suspending the qualification of a timber education specialist prescribed in Article 10-5 (2); |
| 4. | Revoking the authorization of a master of timber products, or the certification of a product using regional filter timber granted under Article 14 (4); |
| 5. | Revoking the designation of a new technology granted under Article 18 (3); |
| 5-2. | Revoking the qualification of a timber grade evaluator prescribed in Article 19-4 (2); |
| 5-3. | Revoking the designation and recognition of an institution, etc. prescribed in Article 20 (8); |
| 6. | Revoking the determination on the inspection of specifications and quality prescribed in Article 22 (4); |
| 7. | Revoking the registration for timber production business prescribed in Article 26 (1); |
| 8. | Revoking the designation of a specialist training agency prescribed in Article 31 (5); |
| 9. | Revoking the qualification of a wood-structural engineer prescribed in Article 32 (5). |
| Article 40 (Judicial Police Power) |
| Article 41 (Monetary Rewards) |
The Minister of the Korea Forest Service may pay prize money to a person who has reported or informed on any person who violated Articles 20 (2) or (5), 24 (1) or (4), or 27 (1) to the competent authorities or criminal investigation agency or who has contributed to the improvement of quality and establishment of a distribution order of timber products within budgetary limits, as prescribed by Presidential Decree. <Amended on Dec. 2, 2106; Mar. 21, 2017>
Either of the following persons shall pay fees as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs: <Amended on Mar. 23, 2013; Dec. 2, 2016>
| 1. | A person who applies for the safety evaluation prescribed in Article 17 (1); |
| 2. | A person who applies for the technology analysis under Article 18 (2); |
| 3. | A person who applies for the inspection of standard dimensions and quality to an inspection agency under Article 20 (2) 1; |
| 4. | Deleted. <Mar. 21, 2017> |
| Article 43 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of the Korea Forest Service under this Act may be partially delegated to the heads of agencies under his or her jurisdiction and Mayors/Do Governors as prescribed by Presidential Decree. |
| (2) | Any of the heads of the agencies under the control of the Minister of the Korea Forest Service and Mayors/Do Governors may re-delegate a part of the delegated authority to the heads of the agencies under his or her jurisdiction with the approval of the Minister of the Korea Forest Service. |
| (3) | The Minister of the Korea Forest Service may entrust part of his or her authority prescribed in this Act to the Association or the Korea Forestry Promotion Institute, as prescribed by Presidential Decree. |
| Article 44 (Legal Fiction of Public Official in Application of Penalty Provisions) |
An executive or an employee of a corporation or organization engaged in any of the following shall be deemed public officials in the application of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act: <Amended on Dec. 2, 2016; Dec. 3, 2019> | 1. | Measurement of the timber culture index pursuant to Article 11 (1) and (2); |
| 1-2. | Affairs of certification or authorization under Article 14 (1); |
| 3. | Technology analysis pursuant to Article 18 (2); |
| 3-2. | Affairs of import inspection pursuant to Article 19-3 (1); |
| 4. | Inspection of standard dimensions and quality by an inspector under Article 20 (2) 1; |
| 5. | Deleted. <Mar. 21, 2017> |
| Article 45 (Penalty Provisions) |
| (1) | 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: <Amended on Dec. 2, 2016; Mar. 21, 2017; Feb. 21, 2018; Dec. 3, 2019> |
| 1. | A person who falsely indicates or uses the following certification or authorization without obtaining the certification or authorization under Article 14 (2): |
| (a) | Deleted; <Dec. 2, 2016> |
| (b) | Deleted; <Dec. 2, 2016> |
| (c) | Authorization of a master of timber products; |
| (d) | Certification of a product using regional filter timber; |
| 2. | A person who fails to comply with an order to restrict manufacturing or sale of or to dispose of a hazardous timber product pursuant to Article 17 (4); |
| 3. | A person who clears through customs, sells or distributes a timber product which fails to pass an inspection of specifications and quality prescribed in Article 20 (2), or a timber product which does not meet the criteria for specifications and quality; |
| 4. | A person who fails to comply with an order to suspend the sale of, return or dispose of a timber product pursuant to Article 19-3 (3) or 20 (5); |
| 5. | A person who clears through customs, sells, distributes or keeps a timber product that does not indicate the specifications and quality prescribed in Article 20 (6); |
| 6. | A person who inspects the specifications and quality in violation of Article 20 (2); |
| 7. | Deleted; <Mar. 21, 2017> |
| 8. | A person who refuses, obstructs or evades the collection, investigation, inspection or perusal for the inspection of specifications and quality in violation of Article 22 (3); |
| 9. | A person who fails to comply with a disposition to change or suspend the use of the indication, or to suspend the sale issued under Article 22 (4); |
| 10. | A person who operates a timber production business without being registered therefor, in violation of Article 24 (1). |
| (2) | 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: <Amended on Dec. 2, 2016; Mar. 21, 2017; Feb. 21, 2018; Jan. 8, 2019> |
| 1. | A person who obtains designation as an institution fostering timber education specialists by fraud or other improper means in violation of Article 10-2 (2) 1; |
| 2. | A person who obtains the accreditation of a timber education program by fraud or other improper means in violation of Article 10-4 (2) 1; |
| 3. | A person who is qualified as a timber education specialist by fraud or other improper means in violation of Article 10-5 (2) 1; |
| 4. | A person who allows other persons to use the title of timber education specialist or lends his or her certificate to other persons in violation of Article 10-5 (3); |
| 5. | A person who uses the title of timber education specialist, borrows a certificate of timber education specialist, or arranges the use of the title or the lending of a certificate in violation of Article 10-5 (4); |
| 6. | A person who allows other persons to use the certification or authorization prescribed in Article 14 (2), or a person who uses such certification or authorization; |
| 7. | A person who violates the standards for the indication of specifications and quality prescribed in Article 20 (9) or makes an indication thereof in a false manner; |
| 8. | A person who allows any other person to operate a timber production business using his or her trade name or title, or a person who lends his or her registration certificate to any other person, in violation of Article 24 (3);. |
| 9. | A person who fails to comply with an order to suspend business issued under Article 26 (1); |
| Article 46 (Joint Penalty Provisions) |
If the representative or an agent, employee or any other servant of a corporation, or an individual has committed any act which violates Article 45 with respect to the business of the said corporation or individual, not only shall such violator be punished accordingly, but the corporation or individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or the individual has not been negligent in giving due attention and supervision on the relevant business in order to prevent the violation.
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: |
| 1. | A person who fails to submit a report in violation of Article 24 (2) or (4); |
| 2. | A person who refuses, obstructs or evades an inspection without any justifiable reason in violation of Article 27 (5); |
| 3. | A person who fails to submit necessary information in violation of Article 37 (1). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 200 thousand won: <Amended on Jan. 8, 2019> |
| 1. | A person who puts an accreditation mark or a mark similar thereto on a timber education program without obtaining accreditation in violation of Article 10-3 (5); |
| 2. | A person who fails to file a request for alteration in violation of Article 10-4 (1). |
| (3) | The Minister of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall impose and collect administrative fines prescribed in paragraphs (1) and (2), as prescribed by Presidential Decree. <Amended on Jan. 8, 2019> |
ADDENDA <Act No. 11429, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures concerning Disposition, etc.)
Any act done by or to an administration agency under the former provisions at the time this Act enters into force shall be deemed done under this Act by or to an administration agency corresponding thereto.
Article 3 (Transitional Measures concerning Penalty Provisions, etc.)
Former provisions shall govern in applying any of penalty provisions or provisions for administrative fines against an act committed before this Act enters into force.
Article 4 Omitted.
Article 5 (Relationship with other Acts and Subordinate Statutes)
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | The Acts amended by Article 6 of this Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force but their enforcement dates have yet to arrive, shall enter into force on their respective enforcement dates. (Proviso Omitted.) |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14358, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Keeping of Results of Inspection on Standard Dimensions and Quality)
The amended provisions of Article 20 (4) shall apply from the first inspection of standard dimensions and quality after this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisions)
Former provisions shall govern to the application of any of penalty provisions against an act committed before this Act enters into force.
ADDENDA <Act No. 14657, Mar. 21, 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 4, the title of Chapter IV, Articles 19-2, 19-3, 26 (1) 6, 27 (1), 34, and 41 (limited to the part related to the amended provisions of Article 27 (1)) shall enter into force one year after the date of its promulgation; and the amended provisions of Article 45 (1) 4 of the Act on the Sustainable Use of Timbers (Act No. 14358) shall enter into force two years after the date of its promulgation. Article 2 (Applicability to Timber Product Certification)
The amended provisions of Article 21 shall begin to apply from the first person who applies for timber product certification after this Act enters into force. Article 3 (Transitional Measures concerning Certification of Quality of Timber Products)
Any timber product quality-certified under the former provisions as at the time this Act enters into force may use the indication of quality certification during the term of validity of quality certification.
ADDENDA <Act No. 15078, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Preferential Purchase of Domestic Timber, etc.)
The amended provisions of Article 19 (2) shall apply, starting from the first procurement contract ordered after this Act enters into force.
ADDENDUM <Act No. 15391, Feb. 21, 2018>
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of the proviso to Article 1 of Addenda of the partially amended Act on the Sustainable Use of Timbers (Act No. 14657) shall enter into force on the date of promulgation.
ADDENDA <Act No. 16196, Jan. 8, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation: Provided, That the amended provisions of Article 26 (1) shall enter into force on the date of promulgation. Article 2 (Applicability to Revocation of Registration of Timber Production Business)
The amended provisions of the proviso to Article 26 (1) 2 shall also apply to taking administrative dispositions against corporations for which any of the grounds in the subparagraphs of Article 25 occurs to the executives of the corporation before this Act enters into force.
ADDENDA <Act No. 16711, Jun. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 19 (2) and 24 (5) through (7) shall enter into force one month after the date of its promulgation and the amended provisions of Article 19-3 (1) and subparagraph 3-2 of Article 44 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Import Declaration of Timbers or Timber Products)
The amended provisions of Articles 19-2 (2) and (3), and 24 (5) through (7) shall begin to apply to the first import declaration filed after this Act enters into force.
ADDENDUM <Act No. 17010, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation.