SPECIAL ACT ON MANAGEMENT OF MOUNTAINOUS DISTRICTS NORTH OF THE CIVILIAN CONTROL LINE
Act No. 10535, Apr. 4, 2011
Amended by Act No. 10977, Jul. 28, 2011
Act No. 12738, jun. 3, 2014
Act No. 13797, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
Act No. 14359, Dec. 2, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15392, Feb. 21, 2018
Act No. 16705, Dec. 3, 2019
Act No. 17011, Feb. 18, 2020
Act No. 17171, Mar. 31, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve functions of mountainous districts for public interest and contribute to the conservation of conditions of national land by providing for matters necessary for the management of mountainous districts north of the Civilian Control Line to conserve and use the mountainous districts in a methodical and ecologically sustainable manner.
The terms used in this Act shall be defined as follows:
| 3. | The term "ecologically sustainable diversion of a mountainous district" means diversion of a mountainous district in a manner that minimizes the impact on the diversity and integrity of geological features, soil, vegetation, and landscape of the mountainous district (hereinafter referred to as "ecosystem of a mountainous district") for any other use. |
| Article 3 (Scope of Application) |
This Act shall apply to mountainous districts north of the Civilian Control Line.
| Article 4 (Responsibilities of Central Government) |
| (1) | The central government and each local government shall establish and execute comprehensive measures for the conservation and use of mountainous districts north of the Civilian Control Line in a methodical and ecologically sustainable manner. |
| (2) | The owner of a mountainous district north of the Civilian Control Line shall fully cooperate with the central government and the competent local government in their measures under paragraph (1) so that functions of the mountainous district related to the public interest can be improved. |
| Article 5 (Basic Principles for Management of Mountainous Districts) |
The central government and each local government shall manage mountainous districts north of the Civilian Control Line in compliance with the following basic principles:
| 1. | Mountainous districts shall be managed in a manner that ensures the sustainable conservation of the ecosystem thereof; |
| 2. | A mountainous district shall be diverted in a manner that maintains the ecosystem of the mountainous district; |
| 3. | An active cooperation system shall be maintained between the central government and local governments so that mountainous districts can be conserved and used in a methodical and ecologically sustainable manner. |
| Article 6 (Relationship to Other Acts) |
| (1) | This Act shall take precedence over other Acts in application to mountainous districts north of the Civilian Control Line. |
CHAPTER II CONSERVATION AND USE OF MOUNTAINOUS DISTRICTS NORTH OF CIVILIAN CONTROL LINE
| Article 7 (Formulation of Plans for Management of Mountainous Districts North of Civilian Control Line) |
| (1) | A related Metropolitan City Mayor or Do Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Regional Forest Service shall, every ten years, formulate and execute a master plan for the management of mountainous districts (hereinafter referred to as "master plan for the management of mountainous districts") with respect to the following matters so that mountainous districts north of the Civilian Control Line can be conserved and used in a methodical and ecologically sustainable manner: <Amended on Dec. 2, 2016> |
| 1. | Matters regarding the objectives of and basic direction-setting for the management of mountainous districts north of the Civilian Control Line; |
| 2. | Matters regarding the conservation and use of mountainous districts north of the Civilian Control Line; |
| 3. | Matters regarding plans for the use of mountainous districts under other Acts governing environmental conservation, the development of national land, etc.; |
| 4. | Matters regarding the recovery and restoration of damaged mountainous districts; |
| 5. | Other matters specified by Presidential Decree for the conservation and use of mountainous districts in a methodical and ecologically sustainable manner. |
| (2) | The head of a Si/Gun or the head of a national forest management office shall formulate and execute an annual plan for the management of mountainous districts (hereinafter referred to as "annual plan for the management of mountainous districts") in accordance with a master plan for the management of mountainous districts so that mountainous districts north of the Civilian Control Line can be conserved and used in a methodical and ecologically sustainable manner. |
| (3) | A Mayor/Do Governor, the head of a Regional Forest Service, the head of a Si/Gun, or the head of a national forest management office may revise a master plan or an annual plan for the management of mountainous districts, where the comprehensive national land plan under the Framework Act on the National Land is revised, where there is a significant change in current conditions of a mountainous district, or where a cause or event specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs arises. <Amended on Mar. 23, 2013> |
| (4) | When a Mayor/Do Governor, the head of a Regional Forest Service, the head of a Si/Gun, or the head of a national forest management office intends to formulate or revise a master plan or an annual plan for the management of mountainous districts, he/she shall consult with the heads of related administrative agencies and the commander of the competent military unit thereon: Provided, That the foregoing shall not apply where modification of any minor matter specified by Presidential Decree is intended. In such cases, the heads of administrative agencies and the head of a Si requested to provide consultations shall present their opinions within 30 days from the date on which they are requested, unless there is an exceptional circumstance. |
| (5) | When a Mayor/Do Governor or the head of a Regional Forest Service formulates or revises a master plan for the management of mountainous districts, he/she shall obtain approval from the Minister of the Korea Forest Service: Provided, That the foregoing shall not apply where any minor matter specified by Presidential Decree is modified. <Amended on Dec. 2, 2016> |
| (6) | When the Minister of the Korea Forest Service intends to approve a master plan for the management of mountainous districts or any revision thereto pursuant to paragraph (5), he/she shall bring the plan or revision to the Central Mountainous Districts Management Committee under Article 22 (1) of the Management of Mountainous Districts Act for deliberation: Provided, That the deliberation may be omitted where the conditions of a mountainous district are altered in accordance with a permit to divert the mountainous district or where any minor matter specified by Presidential Decree is modified. |
| (7) | When the Minister of the Korea Forest Service approves a master plan for the management of mountainous districts or any revision thereto pursuant to paragraph (6), he/she shall notify the competent Mayor/Do Governor or the head of the competent Regional Forest Service of the details of approval. |
| (8) | Matters necessary for the formulation and execution of a master plan or an annual plan for the management of mountainous districts shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 8 (Prior Survey for Formulation of Plans) |
| (1) | When a Mayor/Do Governor or the head of a Regional Forest Service intends to formulate a master plan for the management of mountainous districts, he/she shall conduct a prior general survey on the current conditions of mountainous districts, the actual state of the conservation and use of mountainous districts, and the ecosystem of mountainous districts and shall reflect the results thereof in the plan. |
| (2) | When the head of a Si/Gun or the head of a national forest management office intends to formulate an annual plan for the management of mountainous districts, he/she shall conduct a prior annual survey on the current conditions of mountainous districts, the actual state of the conservation and use of mountainous districts, and the ecosystem of mountainous districts in detail and shall reflect the results thereof in the plan. |
| (3) | Matters necessary for the surveys under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 9 (Feasibility Survey on Designation of Zones subject to Ecologically Sustainable Diversion of Mountainous Districts) |
| (1) | A person who intends to divert a mountainous district north of the Civilian Control Line for any other use shall file a prior application for survey on whether the district meets standards for the designation of a zone in which mountainous districts shall be diverted in an ecologically sustainable manner (hereinafter referred to as "zone subject to ecologically sustainable diversion of a mountainous district") and whether the designation of the zone is appropriate (hereinafter referred to as "feasibility survey") with an institution specified by Presidential Decree as specializing in the management of mountainous districts, if the mountainous area out of the project area is at least 30,000 square meters. <Amended on Dec. 2, 2016> |
| (2) | Upon receipt of an application under paragraph (1), the institution specializing in the management of mountainous districts shall conduct a feasibility survey and shall inform the head of the competent Si/Gun or the head of the competent national forest management office and the applicant of the results thereof. |
| (3) | The institution specializing in the management of mountainous districts that has conducted a feasibility survey on an application filed under paragraph (1) shall retain documents, data, etc. prepared related to the feasibility survey for three years. In such cases, documents, data, etc. to be retained shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019> |
| (4) | A person who applies for a feasibility survey shall pay fees for the survey to the institution specializing in the management of mountainous districts. <Amended on Dec. 3, 2019> |
| (5) | Further specific details of the standards for the designation of zones subject to ecologically sustainable diversion of a mountainous district, procedures and methodologies for the feasibility survey, methods for the calculation and payment of fees, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
| Article 10 (Application for Designation of Zones subject to Ecologically Sustainable Diversion of Mountainous Districts) |
| (1) | If the area of a mountainous district north of the Civilian Control Line that the head of a Si/Gun or the head of a national forest management office intends to divert for any other use is not less than the area under Article 9 (1), he/she shall successfully undergo feasibility survey, establish a project plan in accordance with the standards for the designation of zones subject to ecologically sustainable diversion of a mountainous district, successfully pass the review by the competent Mayor/Do Governor or the head of the competent Regional Forest Service, and file an application for the designation as a zone subject to ecologically sustainable diversion of a mountainous district with the Minister of the Korea Forest Service. The same shall also apply to any amendment of terms and conditions of the designation: Provided, That a mountainous district may be diverted for any other use without designating a zone subject to ecologically sustainable diversion of a mountainous district in the case of a railroad project, a road project, or other projects specified by Presidential Decree. |
| (2) | If a mountainous district that the head of a Si/Gun or the head of a national forest management office intends to designate as a zone subject to ecologically sustainable diversion of a mountainous district or intends to amend the designation pursuant to paragraph (1) stretches over an area within the jurisdiction of two or more Sis/Guns or two or more national forest management offices or if a mountainous district is combined with national forest, public forest, or private forest, he/she may consult with the heads of other competent Sis/Guns or the heads of other competent national forest management offices to file an application jointly or in the name of a representative jointly appointed by them. |
| (3) | If a person who is not the head of a Si/Gun or the head of a national forest management office intends to divert a mountainous district north of the Civilian Control Line to an area exceeding the area under Article 9 (1) for any other use, he/she shall successfully undergo feasibility survey, prepare a project plan in accordance with the standards for the designation of a zone subject to ecologically sustainable diversion of a mountainous district, and shall propose the designation of the zone subject to ecologically sustainable diversion of a mountainous district or any amendment to such designation to the head of the competent Si/Gun or the head of the competent national forest management office. |
| (4) | Upon receipt of a proposal for the designation of a zone subject to ecologically sustainable diversion of a mountainous district or any amendment to such designation pursuant to paragraph (3), the head of a Si/Gun or the head of a national forest management office shall file an application for the designation of the zone subject to ecologically sustainable diversion of a mountainous district or the amendment to such designation pursuant to paragraph (1) and shall inform the person who made the proposal under paragraph (3) (hereinafter referred to as "proposer") of the outcomes thereof, if he/she finds that the proposal meets the standards for the designation of a zone subject to ecologically sustainable diversion of a mountainous district. |
| (5) | The procedure for an application or a proposal for the designation of a zone subject to ecologically sustainable diversion of a mountainous district or any amendment to such designation under paragraphs (1) through (4) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 11 (Designation, Amendment to Designation, etc. of Zones subject to Ecologically Sustainable Diversion of Mountainous Districts) |
| (1) | If the Minister of the Korea Forest Service finds that an application for the designation of a zone subject to ecologically sustainable diversion of a mountainous district or any amendment to such designation meets the standards for the designation of a zone subject to ecologically sustainable diversion of a mountainous district, he/she shall consult thereon with the heads of related central administrative agencies and may designate the zone subject to ecologically sustainable diversion of a mountainous district or amend such designation after deliberation by the Central Mountainous Districts Management Committee under Article 22 (1) of the Management of Mountainous Districts Act: Provided, That such designation may be modified without consultation with the heads of related central administrative agencies and deliberation by the Central Mountainous Districts Management Committee, if modification of a minor matter specified by Presidential Decree is intended. |
| (2) | If an area designated pursuant to paragraph (1) as a zone subject to ecologically sustainable diversion of a mountainous district falls under any of the following subparagraphs, the Minister of the Korea Forest Service may cancel the designation of the zone subject to ecologically sustainable diversion of a mountainous district: Provided, That such designation shall be cancelled in the case of subparagraph 1: |
| 1. | If it is discovered that a person has an area designated as such zone by fraud or other wrongful means; |
| 2. | If a person fails to file an application for the approval of an implementation plan under Article 13 within three years from the date on which an area is designated as a zone subject to ecologically sustainable diversion of a mountainous district; |
| 3. | If the approval of an implementation plan is revoked pursuant to Article 17. |
| (3) | When the Minister of the Korea Forest Service designates a zone subject to ecologically sustainable diversion of a mountainous district or amends such designation pursuant to paragraph (1) or cancels the designation of a zone subject to ecologically sustainable diversion of a mountainous district pursuant to paragraph (2), he/she shall give public notice thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, forward specific details thereof and copies of drawings to the competent Mayor/Do Governor or the head of the competent Regional Forest Service, and shall require the head of the competent Si/Gun or the head of the competent national forest management office to take measures to make them available to the general public for inspection. <Amended on Mar. 23, 2013> |
| (4) | The procedures for the designation of zones subject to ecologically sustainable diversion of a mountainous district, amendment or cancellation of such designations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 12 (Restriction on Designation of Zones subject to Ecologically Sustainable Diversion of Mountainous District) |
No area that falls under any of the following subparagraphs shall be designated as a zone subject to ecologically sustainable diversion of a mountainous district: <Amended on Jul. 28, 2011; Dec. 3, 2019>
| 1. | A Baekdudaegan protection area under Article 6 (2) of the Baekdudaegan Protection Act; |
| 9. | An area subject to restriction on the diversion or temporary use of a mountainous district under Article 20 (1); |
| 10. | Other mountainous districts specified by Presidential Decree as necessary for the improvement of functions of mountainous districts for the public interest. |
| Article 13 (Application, etc. for Approval of Implementation Plans) |
| (1) | If the head of a Si/Gun or the head of a national forest management office intends to divert a mountainous district for any other use in a zone subject to ecologically sustainable diversion of a mountainous district, he/she shall prepare an implementation plan for the diversion of the mountainous district (hereinafter referred to as "implementation plan") in accordance with the standards for the ecologically sustainable diversion of mountainous districts under Article 14 and shall file an application for the approval thereof with the competent Mayor/Do Governor or the head of the competent national forest management office. The same shall also apply where revision of an approved implementation plan is intended: Provided, That the foregoing shall not apply where modification of any minor matter specified by Presidential Decree is intended. |
| (2) | If a mountainous district for which the head of a Si/Gun or the head of a national forest management office intends to obtain approval of an implementation plan or of any revision to the implementation plan pursuant to paragraph (1) extends over an area within the jurisdiction of two or more Sis/Guns or two or more national forest management offices, or if such a mountainous district is combined with a national forest, public forest, or private forest, he/she may consult with the heads of other competent Sis/Guns or the heads of other competent national forest management offices to file an application jointly or in the name of a representative jointly appointed by them. |
| (3) | If a proposer under Article 10 (4) intends to divert a mountainous district for any other use in the relevant zone subject to ecologically sustainable diversion of a mountainous district, he/she shall prepare an implementation plan in accordance with the standards for ecologically sustainable diversion of mountainous districts and shall submit it to the head of the competent Si/Gun or the head of the competent national forest management office. |
| (4) | If the head of a Si/Gun or the head of a national forest management office finds that an implementation plan submitted in accordance with paragraph (3) meets the standards for ecologically sustainable diversion of mountainous districts, he/she shall file an application for the approval of the implementation plan or for the approval of a revision to the implementation plan pursuant to paragraph (1) and shall notify the proposer under paragraph (3) of the results thereof. |
| (5) | The details of, and procedures for, the preparation and approval of implementation plans or revisions to the implementation plans under paragraphs (1) through (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| Article 14 (Standards for Ecologically Sustainable Diversion of Mountainous Districts) |
| (1) | Standards for the diversion of mountainous districts in an ecologically sustainable manner (hereinafter referred to as "standards for ecologically sustainable diversion of mountainous districts") shall be as follows: |
| 1. | The volume of earth excavated or filled and the area in which the form and quality of soil are to be changed shall be minimized so that geographical features of a mountainous district can remain unchanged; |
| 2. | A scheme for the prevention of pollution and disasters, such as landslides and soil erosion, shall be prepared so that soil in a mountainous district can be preserved; |
| 3. | Ecological axes for standing trees and herbs shall be secured to protect vegetation of a mountainous district; |
| 4. | The sizes, such as the height and width, and density, layout, designs and colors of each facility shall be appropriate for maintaining the landscape of a mountainous district; |
| 5. | Changes in the quality and volume of water due to the diversion of a mountainous district shall be minimized; |
| 6. | Environment-friendly materials and methods shall be applied to minimize carbon emissions and the use of energy. |
| (2) | The detailed standards for ecologically sustainable diversion of mountainous districts for each category and for each scale of project and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Approval, etc. of Implementation Plans) |
| (1) | Upon receipt of an application for the approval of an implementation plan or any revision to the implementation plan, a Mayor/Do Governor or the head of a Regional Forest Service may authorize the institution specializing in the management of mountainous districts under Article 9 (1) to conduct a survey and may approve the implementation plan or the revision to the implementation plan after consultation with the heads of related administrative agencies and the commander of the competent military unit, if he/she finds as a result of the survey that the application meets the standards for the ecologically sustainable diversion of mountainous districts: Provided, That any modification to the implementation plan may be approved without the survey by the institution specializing in the management of mountainous districts and consultation with the heads of related administrative agencies and the commander of the competent military unit, if modification of any minor matter specified by Presidential Decree is intended. |
| (2) | A person who intends to obtain approval of an implementation plan or a revision to an implementation plan pursuant to paragraph (1) shall deposit, in advance, the cost of recovery and restoration under Article 23 (1) and shall pay the cost of the creation of substitute forest resources under Article 19 of the Management of Mountainous Districts Act. |
| (3) | When a Mayor/Do Governor or the head of a Regional Forest Service approves an implementation plan or any revision to an implementation plan pursuant to paragraph (1) or revokes the approval of an implementation plan pursuant to Article 17, he/she shall give public notice of the details thereof, as prescribed by Presidential Decree, and shall require the head of the competent Si/Gun or the head of the competent national forest management office to take measures to make specific details thereof and copies of drawings available to the general public for inspection. |
| (4) | When a Mayor/Do Governor or the head of a Regional Forest Service approves an implementation plan or any revision to an implementation plan pursuant to paragraph (1), he/she shall forward copies of relevant documents to the head of the competent Si/Gun or the head of the competent national forest management office. |
| Article 16 (Constructively Deemed Authorization, Permits, etc. under Other Acts) |
| (1) | Where an implementation plan or any revision to an implementation plan is approved pursuant to Article 15 (1), a decision, authorization, permit, consultation, approval, disposition, cancellation, alteration, repeal, report, or designation set forth in the following subparagraphs (hereinafter referred to as "authorization, permit, etc.") shall be constructively deemed made, granted, or completed, whereas when the approval of an implementation plan or any revision to an implementation plan is publicly notified, authorization, permit, etc. under relevant Acts shall be constructively deemed publicly notified or announced: <Amended on Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Dec. 2, 2016; Dec. 27, 2016; Jan. 17, 2017; Oct. 24, 2017; Feb. 18, 2020; Mar. 31, 2020> |
| 24. | Permission to relocate an abandoned grave under Article 27 (1) of the Funeral Service, etc. Act; |
| 32. | Permission for a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions, Etc. |
| (2) | If a person desires to be deemed that he/she is granted authorization, permit, etc, under paragraph (1) when he/she files an application for approval of an implementation plan or any revision to the implementation plan, he/she shall submit relevant documents specified by relevant Acts along with the application. |
| (3) | If a Mayor/Do Governor or the head of a Regional Forest Service intends to approve an implementation plan involving a matter that falls under any subparagraph of paragraph (1), he/she shall, in advance, consult with the heads of related administrative agencies and the commander of the competent military unit with relevant documents specified by relevant Acts. In such cases, upon receipt of a request for consultation, the heads of related administrative agencies and the commander of the competent military unit shall present their opinions within 30 days from the date on which they are requested, but if any such person fails to present his/her opinion within the specified period, he/she shall be deemed to have no objection. |
| Article 17 (Revocation, etc. of Approval of Implementation Plans) |
If a person to whom the approval of an implementation plan or any revision to an implementation plan has been granted pursuant to Article 15 falls under any of the following subparagraphs, the competent Mayor/Do Governor or the head of the competent Regional Forest Service may revoke the approval of the implementation plan or may order the person to suspend his/her intended project, remove facilities, or take other necessary measures, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the approval shall be revoked if such person falls under subparagraph 1: <Amended on Mar. 23, 2013> | 1. | If the person is found to have obtained approval of an implementation plan or any revision to an implementation plan by fraud or other wrongful means; |
| 2. | If the person breaches a condition of approval of an implementation plan or revised the implementation plan or revises the project plan or changes the scale of the project without approval; |
| 5. | If the person to whom the approval of an implementation plan or any revision to the implementation plan has been granted violates an order to suspend his/her proposed project or to take other measures in accordance with the main sentence of this Article; |
| 6. | If an application for authorization, permit, etc. necessary for the proposed project under any other Act is rejected or the revocation of such authorization, permit, etc. is finally affirmed. |
| Article 18 (Completion Inspection, etc.) |
| (1) | When a person to whom approval of an implementation plan or revised implementation plan has been granted pursuant to Article 15 completes his/her proposed project, he/she shall recover and restore the relevant mountainous district in accordance with the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs for the recovery of mountainous districts and the restoration of the ecosystem and then shall successfully pass the completion inspection conducted by the competent Mayor/Do Governor or the head of the competent Regional Forest Service. <Amended on Mar. 23, 2013> |
| (2) | If a person intends to conduct an activity that will result in a change in the form and quality of soil, felling standing trees, a change in the height, width, scale, density, or layout of a facility, or any other change in geographical features, soil, vegetation, or landscape in a zone subject to ecologically sustainable diversion of a mountainous district after the completion inspection under paragraph (1) is completed, he/she shall file an application for the approval therefor with the competent Mayor/Do Governor or the head of the competent Regional Forest Service, irrespective of the categorization of land under the Act on the Establishment, Management, etc. of Spatial Data. <Amended on Jun. 3, 2014> |
| (3) | If a Mayor/Do Governor or the head of a Regional Forest Service finds that an application under paragraph (2) meets the standards for the ecologically sustainable diversion of mountainous districts, he/she may approve the application after consultations with the heads of related administrative agencies and the commander of the competent military unit. |
| (4) | If approval is granted under paragraph (3), it shall be deemed that authorization, permit, etc, under the subparagraphs of Article 16 (1) is granted. |
| (5) | The procedures for completion inspection and approval under paragraphs (1) through (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
CHAPTER III SPECIAL CASES CONCERNING MANAGEMENT OF MOUNTAINOUS DISTRICTS NORTH OF CIVILIAN CONTROL LINE
| Article 19 (Special Cases Concerning Categorization of Mountainous Districts) |
| Article 20 (Special Cases Concerning Areas subject to Restriction on Diversion or Temporary Use of Mountainous Districts) |
| (1) | Notwithstanding Article 9 (1) of the Management of Mountainous Districts Act, the Minister of the Korea Forest Service may designate a mountainous district north of the Civilian Control Line as an area subject to restriction on the diversion or temporary use of mountainous districts according to the following classification: |
| 1. | Mountainous district subject to special protection: A mountainous district that has been damaged naturally or artificially, but is worth restoring and protecting or a mountainous district that needs to be specially protected as it is without changing its form and quality of soil; |
| 2. | Mountainous district subject to special management: A mountainous district that is not a mountainous district subject to special protection under subparagraph 1, but falls under any subparagraph of Article 9 (1) of the Management of Mountainous Districts Act, and that needs to be specially protected for the protection of the mountainous district. |
| (2) | Notwithstanding Article 10 of the Management of Mountainous Districts Act, no diversion or temporary use of a mountainous district shall be permitted in an area subject to restriction on the diversion or temporary use of a mountainous district north of the Civilian Control Line, except for activities that may be conducted in accordance with the following subparagraphs, but felling trees and bamboos, collecting and extracting forest products and grazing livestock shall not be permitted in such an area: <Amended on Dec. 3, 2019> |
| 1. | Activities that may be conducted in a mountainous district subject to special protection: |
| (a) | The installation of facilities necessary for the establishment and management of installations for national defense and military establishments; |
| (b) | The excavation (including surface surveys) and preservation of buried cultural heritage, the restoration, repair, relocation, and preservation and management of cultural heritage and traditional temples, and the installation of memorial stones, monuments, and other similar facilities related to cultural heritage and traditional temples; |
| (c) | The installation of facilities necessary for the control of forest blight and vermin, the prevention and control of forest fire, the prevention of landslides, soil erosion, and other disasters, and the installation of other forest protection facilities specified by Presidential Decree; |
| (d) | Facilities and activities specified by Presidential Decree for the restoration of the ecosystem of mountainous districts damaged naturally or artificially; |
| (e) | The installation of facilities specified by Presidential Decree for forestry research; |
| (f) | The installation of arboretums, natural recreation forests, forest ecosystem centers, forest trails, and other forest facilities specified by Presidential Decree for the public interest; |
| (h) | Temporary installation of access roads, site offices, and other auxiliary facilities specified by Presidential Decree for a period specified by Presidential Decree to conduct the activities set forth in items (a) through (g); |
| Article 21 (Special Cases Concerning Restriction on Activities in Preserved Mountainous Districts) |
| (1) | Notwithstanding Article 12 of the Management of Mountainous Districts Act, the diversion or temporary use of a mountainous district shall not be permitted in a preserved mountainous district north of the Civilian Control Line (excluding any area subject to restriction on the diversion or temporary use of mountainous districts) except where the mountainous district is diverted or temporarily used in order to conduct any of the following activities: <Amended on Dec. 2, 2016; Dec. 3, 2019> |
| 1. | The installation of a facility for national defense and military establishments or the construction, extension, or renovation of an office building of a local government; |
| 2. | The installation of structures for land erosion control, rivers, embankments, reservoirs, and other facilities for conservation of national land; |
| 3. | The installation of roads, rail roads, and waterworks; facilities for telecommunications and electric power; facilities for the stockpiling, storage, and supply of petroleum and gas; facilities for protection against wind and fire; and facilities for meteorological observation; |
| 4. | The installation of facilities specified by Presidential Decree for hospitals, training of juveniles, social welfare, education, and research; |
| 5. | The installation of facilities specified by Presidential Decree as necessary for the protection of forest and forestry research and for the conservation and proliferation of forest resources; |
| 6. | The installation of arboretums, natural recreation forests, forest ecosystem centers, forest trails, bike trails, woodland burial sites, and other facilities specified by Presidential Decree as necessary for recreation and healing in a forest; |
| 7. | The installation of ecological corridors, facilities for the protection and breeding of birds and beasts, ecological walking trails, and other facilities specified by Presidential Decree as necessary for the exploration of the ecosystem; |
| 8. | The installation of facilities necessary for the discovery (including surface surveys) of buried cultural heritage, the restoration, repair, and relocation, preservation, and management of cultural heritage and traditional temples, and the installation of memorial stones, monuments and other similar facilities related to cultural heritage and traditional temples; |
| 9. | The installation of facilities specified by Presidential Decree, such as facilities related to the management of forest, including forest roads and buildings for the management and control of forest, facilities related to projects for the development of mountain villages, and other forest facilities for the public interest; |
| 10. | The installation of facilities for agricultural and fishery production, use, and processing specified by Presidential Decree and facilities for recreation in agricultural or fishing villages; |
| 11. | The following activities conducted by residents, farmers, forestry workers, or fishers who reside in an area north of the Civilian Control Line within the jurisdiction of the competent Si/Gun: |
| (a) | The installation of a residential house or an auxiliary facility thereof built by a resident who resides in an area north of the Civilian Control Line in accordance with the standards for the ecologically sustainable diversion of mountainous districts, specified by Presidential Decree; |
| (b) | The installation of a residential house or an auxiliary facility thereof built by a farmer, a forestry worker, or a fisher in order to dwell therein actually, specified by Presidential Decree; |
| (c) | The creation of a parcel of farmland or grassland in a size not larger than the size specified by Presidential Decree; |
| (d) | Growing of forest products or grazing of livestock in a scale not exceeding the scale specified by Presidential Decree; |
| 12. | The installation of religious facilities in a scale not exceeding the scale specified by Presidential Decree; |
| 13. | The installation of facilities for public services, cultural activities, or sports specified by Presidential Decree; |
| 15. | Installation of educational facilities by the State or a local government to offer experiences regarding national security; |
| 17. | Temporary installation of access roads, site offices, or other auxiliary facilities specified by Presidential Decree for a period prescribed by Presidential Decree to conduct the activities set forth in subparagraphs 1 through 16. |
| Article 22 (Special Cases Concerning Standards for Granting Permit to Divert Mountainous Districts) |
Notwithstanding Article 18 (1) of the Management of Mountainous Districts Act, the standards separately prescribed by Presidential Decree for granting a permit to divert mountainous districts north of the Civilian Control Line shall apply to mountainous districts north of the Civilian Control Line: Provided, That the standards for the ecologically sustainable diversion of mountainous districts shall apply to zones subject to ecologically sustainable diversion of a mountainous district.
| Article 23 (Special Cases Concerning Recovery of Mountainous Districts) |
| (1) | Notwithstanding Article 38 (1) and (2) of the Management of Mountainous Districts Act, any of the following persons shall deposit, in advance, costs to be incurred in the prevention of disasters or the recovery of a mountainous district and the restoration of the ecosystem to the competent Mayor/Do Governor or the head of the competent Regional Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013> |
| 2. | A person who intends to have an administrative disposition under which he/she is deemed to obtain a permit or file a report under any provision of Article 37 (1) 1 through 5 of the Management of Mountainous Districts Act or under which he/she is exempted from the obligation to obtain such a permit or to file a report for a mountainous district north of the Civilian Control Line; |
| 3. | A person who intends to obtain the approval of an implementation plan or a revised implementation plan under Article 15 (1) for a zone subject to ecologically sustainable diversion of a mountainous district. |
| (2) | Notwithstanding Article 39 of the Management of Mountainous Districts Act, a person under any subparagraph of paragraph (1) shall recover a damaged mountainous district and shall restore its ecosystem to its original state when he/she completes the relevant project. In such cases, the recovery of a mountainous district in a zone subject to ecologically sustainable diversion of a mountainous district and the restoration of its ecosystem shall be carried out by an institution specified by Presidential Decree as specializing in the management of mountainous districts. |
| (3) | Notwithstanding Article 40 of the Management of Mountainous Districts Act, matters necessary for the guidelines for the preparation of design documents for recovery and restoration and the standards for approval shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
CHAPTER IV MANAGEMENT OF MOUNTAINOUS DISTRICTS NORTH OF CIVILIAN CONTROL LINE, SUPPORT TO RESIDENTS, ETC.
| Article 24 (Management of Mountainous Districts North of Civilian Control Line) |
| (1) | In order to manage mountainous districts north of the Civilian Control Line in a methodical and ecologically sustainable manner, the Minister of the Korea Forest Service and the head of a local government shall conduct activities for evaluation, education and public relations regarding surveys and inspections of the actual conditions of the conservation and use of mountainous districts, the surveillance of activities, such as illegal diversion of mountainous districts, the management of zones subject to ecologically sustainable diversion of mountainous districts, and other activities for the ecologically sustainable management of mountainous districts. <Amended on Dec. 2, 2016> |
| (2) | The Minister of the Korea Forest Service and the head of a local government may entrust any of the following projects to the Korea Forest Conservation Association under Article 46 of the Mountainous Districts Management Act (hereinafter referred to as “Korea Forest Conservation Association”) where deemed necessary: <Newly Inserted on Dec. 2, 2016> |
| 1. | Investigation, inspection, control, and assessment of the ecology in mountainous districts north of the Civilian Control Line; |
| 2. | Investigation and control of the diversion of mountainous districts north of the Civilian Control Line; |
| 3. | Investigation of, and research on, the policies and systems designed to nurture forest resources in mountainous districts north of the Civilian Control Line; |
| 4. | Educational and PR efforts to preserve mountainous districts north of the Civilian Control Line; |
| 5. | Investigation of, and research and advice on, the restoration of mountainous districts north of the Civilian Control Line; |
| 6. | Other projects necessary to preserve and use mountainous districts north of the Civilian Control Line, as entrusted by the Minister of the Korea Forest Service or the head of a local government. |
| Article 25 (Assistance to Areas North of Civilian Control Line) |
| (1) | The Minister of the Korea Forest Service and the head of a local government shall execute projects for assisting residents who reside in an area north of the Civilian Control Line or persons who own a mountainous district in an area north of the Civilian Control Line (hereinafter referred to as "projects for assisting residents"). |
| (2) | The kinds of projects for assisting residents shall be as follows: |
| 1. | Projects for increasing income from forests, such as production, processing, and distribution of forest products; |
| 2. | Projects for the enhancement of forest welfare, including recreation, healing, and education in a forest; |
| 3. | Projects for the installation of facilities for the conservation and use of mountainous districts; |
| 4. | Projects for the recovery and restoration of mountainous districts and other projects for the conservation of mountainous districts north of the Civilian Control Line; |
| 5. | Subsidization for decreased income of a person who meets the requirements specified by Presidential Decree, such as a person who refrains from felling trees or changing the form and quality of soil for the conservation of the ecosystem in a mountainous district north of the Civilian Control Line; |
| 6. | Other supportive projects specified by Presidential Decree for the convenience of residents' livelihoods and the increase of their income and the enhancement of their welfare. |
| (3) | The Minister of the Korea Forest Service and the head of a local government may grant a subsidy or a loan for the full amount, or part of, funds required for projects for assisting residents. |
| (4) | Matters necessary for the procedures for the establishment and execution of a plan for projects for assisting residents, the eligibility for assistance, and the guidelines for assistance shall be prescribed by Presidential Decree. |
| Article 26 Deleted. <Dec. 2, 2016> |
| Article 27 (Cooperation of Related Authorities) |
If the Minister of the Korea Forest Service or the head of the competent local government considers it necessary for achieving the purpose of this Act, he/she may request the head of a related administrative agency, the head of another local government, or the commander of the competent military unit to prepare a necessary policy or to take necessary measures. In such cases, the head of a related administrative agency, the head of a local government, or the commander of the competent military unit shall comply with such request, unless there is an exceptional circumstance. <Amended on Feb. 18, 2020>
CHAPTER V SUPPLEMENTARY PROVISIONS
When the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Regional Forest Service intends to make any of the following dispositions, he/she shall hold a hearing in advance, as prescribed by Presidential Decree:
| 1. | When he/she intends to cancel the designation of a zone subject to ecologically sustainable diversion of a mountainous district pursuant to Article 11 (2); |
| 2. | When he/she intends to revoke the approval of an implementation plan pursuant to Article 17. |
| Article 29 (Succession to Rights, Obligations, etc.) |
A disposition made to or against the owner of a mountainous district or a person who has a legitimate title or right to use a mountainous district shall also be effective for or against the successor of such a person.
| Article 30 (Delegation or Entrustment of Authority) |
| (1) | The Minister of the Korea Forest Service may delegate part of his/her authority under this Act as the Minister of the Korea Forest Service to the head of a Regional Forest Service or a Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | The head of a Regional Forest Service or a Mayor/Do Governor may re-delegate part of his/her authority delegated pursuant to paragraph (1) to the head of a national forest management office or the head of a Si/Gun with approval from the Minister of the Korea Forest Service therefor. |
| (3) | The Minister of the Korea Forest Service or the head of a local government may entrust part of his/her authority under this Act to Korea Forest Conservation Association, as prescribed by Presidential Decree. <Amended on Dec. 2, 2016> |
| Article 31 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
A person engaged in a business activity entrusted by the Minister of the Korea Forest Service or by the head of a local government pursuant to Article 24 (2) shall be treated as a public official for the purpose of the penal provisions of Articles 129 through 132 of the Criminal Act. <Amended on Dec. 2, 2016>
CHAPTER VI PENALTY PROVISIONS
| Article 32 (Penalty Provisions) |
| (1) | A person who diverts a mountainous district for any other use in a zone subject to ecologically sustainable diversion of a mountainous district without obtaining approval of an implementation plan or who diverts a mountainous district for any other use with approval of an implementation plan by fraud or other wrongful means, in violation of Article 15 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. In such cases, a person may be punished by imprisonment with labor and a fine concurrently. <Amended on Feb. 21, 2018> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 21, 2018> |
| 1. | A person who, in a zone subject to ecologically sustainable diversion of a mountainous district, diverts a mountainous district for any other use without obtaining approval for a revised implementation plan or who diverts a mountainous district for any other use through obtaining approval for a revised implementation plan by fraud or other wrongful means, in violation of Article 15 (1); |
| 2. | A person who, in a zone subject to ecologically sustainable diversion of a mountainous district, changes the form and quality of soil, fells standing trees, changes the height, width, scale, density, or layout of a facility, or conducts any other act resulting in changes in geographical features, soil, vegetation, or landscape, without approval, in violation of Article 18. |
| (3) | Deleted. <Feb. 21, 2018> |
ADDENDA <Act No. 10535, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability with regard to Application for Permit, etc.)
A case regarding which an application for authorization, permit, or a similar action under any of the following subparagraphs has been filed with respect to a mountainous district north of the Civilian Control Line before this Act enters into force shall be governed by the Management of Mountainous Districts Act: Article 3 (Applicability with regard to Classification of Mountainous Districts)
Article 4 (Applicability with regard to Designation of Areas subject to Restriction on Diversion of Mountainous Districts)
An area that falls under Article 20 (1) 2 of this Act, among the areas designated as subject to restriction on the diversion of mountainous districts pursuant to Article 9 of the Management of Mountainous Districts Act as at the time this Act enters into force, shall be deemed to have been designated as a mountainous district subject to special management.
ADDENDA <Act No. 10977, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14359, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendment to Article 7 (1) shall enter into force on January 1, 2018. Article 2 (Applicability to Formulation of Mountainous Districts Management Master Plan)
The first master plan for the management of mountainous districts to be formulated by a Mayor/Do Governor or the head of a Regional Forest Service under the amendment to Article 7 (1) shall be formulated by December 31, 2018. Article 3 (Applicability to Feasibility Study for Designation of Zones Subject to Ecologically Sustainable Diversion of Mountainous District)
The amendment to Article 9 (1) shall also apply to a person who has applied for a feasibility study before this Act enters into force. Article 4 (Transitional Measures for Legal Fiction of Authorization, Permission, etc.)
Notwithstanding the amendment to Article 16 (1) 18, former provisions shall apply where an application has been filed to obtain approval for an implementation plan or for the revisions thereto before this Act enters into force.
ADDENDA <Act No. 14480, Dec. 27, 2016>
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. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That where any Act amended by Article 6 of this Addenda has been promulgated but is yet to enter into force by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15392, Feb. 21, 2018>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16705, Dec. 3, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17011, Feb. 18, 2020>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.