CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancing citizens’ health and recreation activities, promoting their emotional wellbeing, and improving the quality of life for citizens by such means as reducing fine dust, mitigating heat waves and otherwise making better living conditions, by providing for matters concerning the creation and management of urban forests, etc.
The terms used in this Act are defined as follows:
| 1. | The term "urban forest" means all forests and trees created and managed in cities for such purposes as enhancing citizens’ health and recreation activities, promoting their emotional wellbeing and for activity-based programs, etc., and excludes any park area as defined in Article 2 of the Natural Parks Act; |
| 2. | The term "neighborhood forest" means the following forests and trees, including community forests, which are created and managed within neighborhoods, schools and their surrounding areas for such purposes as providing citizens with pleasant living conditions and aesthetically pleasing landscapes and nature-learning opportunities: |
| (a) | A community forest: All forests and trees created and managed around communities for such purposes as preserving the cultural values of forests and improving living conditions for residents living in such communities; |
| (b) | A landscape forest: All forests and trees created and managed for such purposes as preserving the visual resources of forests and providing nature-learning opportunities; |
| (c) | A school forest: All forests and trees created and managed in schools defined in Article 2 of the Elementary and Secondary Education Act and their surrounding areas for such purposes as improving learning environments and providing students with nature-learning opportunities; |
| 3. | The term "street forest" means all trees planted and managed within or around any road zones prescribed by Presidential Decree, including roads (excluding national expressways) provided in Article 10 of the Road Act. |
| Article 3 (Responsibilities of the State and Local Governments) |
The State or local governments shall endeavor to secure lands and spaces, and to establish a framework, for creating urban forests, neighborhood forests and street trees (hereinafter referred to as “urban forest, etc.”), and shall establish and implement a policy necessary to promote the creation and management of urban forests, etc.
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall govern in respect of the creation and management of urban forests, etc.
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF MATER PLANS FOR URBAN FORESTS
| Article 5 (Establishment of Master Plans for Urban Forests) |
| (1) | To systematically create and manage urban forests, etc., the Minister of the Korea Forest Service shall establish and implement a master plan to create and manage urban forests, etc. (hereinafter referred to as "master plan") every 10 years in consultation with the heads of the relevant central administrative agencies. |
| (2) | Master plans shall include: |
| 1. | Basic objectives of creating and managing urban forests, etc., and direction-setting for implementing such basic objectives; |
| 2. | Matters concerning the present conditions and prospects of urban forests, etc.; |
| 3. | Matters concerning the development and administration of indicators for the management of urban forests, etc.; |
| 4. | Matters concerning technology development and research for urban forests, etc.; |
| 5. | Matters concerning the building and operation of the comprehensive information network for urban forests, etc.; |
| 6. | Matters concerning the promotion of citizens’ participation; |
| 7. | Other matters prescribed by Presidential Decree concerning the creation and management of urban forests, etc. |
| (3) | The Minister of the Korea Forest Service may modify the master plan, if necessary, in consideration of the outcomes of implementing such master plan, any change in social, economic or regional conditions and other relevant factors. |
| (4) | The establishment and amendment of master plans under paragraphs (1) and (3) and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | Upon establishing or modifying the master plan, the Minister of the Korea Forest Service shall notify it to the heads of relevant central administrative agencies and the heads of local governments and submit it to the competent standing committee of the National Assembly. |
| (6) | Upon establishing or modifying the master plan, the Minister of the Korea Forest Service shall publish such master plan, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. |
| (7) | The Minister of the Korea Forest Service may request the heads of relevant central administrative agencies or the heads of local governments to submit relevant materials if necessary to establish or modify the master plan. In such cases, the heads of the relevant central administrative agencies or the heads of the local governments in receipt of a request to submit materials shall comply with such request in the absence of good cause. |
| Article 6 (Establishment of Plans to Create and Manage Urban Forests) |
| (1) | The head of a local government shall establish and implement a plan to create and manage urban forests, etc. in his or her jurisdiction (hereinafter referred to as "creation and management plan") every 10 years in accordance with the relevant master plan: Provided, That Do Governors and the heads of Gus among the heads of local governments need not establish and implement such plan. |
| (2) | To establish or modify a creation and management plan, the head of a local government shall submit the plan to the deliberative committee on the creation and management of urban forests, etc. established under Article 13 for deliberation. |
| (4) | The head of a local government may modify the creation and management plan if the relevant master plan is modified or if necessary, in consideration of any change in social, economic or regional conditions and other relevant factors. |
| (5) | Contents of the creation and management plans, how to establish such plans and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Survey of Present Conditions and Statistics Management) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may conduct a survey into the present conditions of urban forests, etc. (hereinafter referred to as “survey”) in order to establish or modify a master plan or a creation and management plan. |
| (2) | The Minister of the Korea Forest Service may request the heads of local governments or the heads of relevant administrative agencies to submit relevant materials if necessary to conduct a survey under paragraph (1). In this case, the heads of the relevant agencies in receipt of a request to submit materials shall comply with such request in the absence of good cause. |
| (3) | The Minister of the Korea Forest Service shall collect, analyze and compile statistics on, relevant materials in order to efficiently create and manage urban forests, etc. |
| (4) | The scope and methods of surveys and statistics management under paragraphs (1) and (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Maintaining and Increasing Urban Forests) |
| (1) | The head of a local government shall endeavor to maintain or increase the total area of urban forests, etc. in his or her jurisdiction and may establish and implement a necessary plan. |
| (3) | The Minister of the Korea Forest Service may disclose the present conditions of urban forests, etc. in each region based on the findings of surveys under Article 7 (1), and details to be disclosed, methods of disclosure and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 9 (Technology Development and Informatization) |
| (1) | The State and a local government may establish and implement a policy on technology development and research and informatization necessary to create and manage urban forests, etc. |
| (2) | The State and a local government may build and operate an information system which includes the locations of urban forests, etc. and other relevant information in order to efficiently manage information on urban forests, etc. and to provide information services for citizens. |
| (3) | The State and a local government shall systematically store and manage information on surveys and statistics management under Article 7 using database or similar means. |
| Article 10 (International Cooperation) |
The State or a local government may establish and implement a policy on the exchange and public relations of, and investigations into, relevant technologies, information and human sources in order to strengthen international cooperation in respect of urban forests, etc.
CHAPTER III CREATION AND MANAGEMENT OF URBAN FORESTS
| Article 11 (Creation and Management of Urban Forests) |
| (1) | The Minister of the Korea Forest Service or the head of a local government shall create and manage urban forests, etc. in such a manner that the ecological, scenic beauty and economic functions of the urban forests, etc. (excluding street trees; hereafter the same shall apply in this Article and Article 24 (1) 1) are efficiently served. |
| (2) | The Minister of the Korea Forest Service or the head of a local government may purchase or lease any land and any fixture thereon (hereinafter referred to as “land, etc.”) in negotiation with its owner, if necessary to create an urban forest, etc., and methods of and procedures for the purchase or lease of land, etc. and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (4) | The Minister of the Korea Forest Service may develop and administer indicators for the management of urban forests, etc. with which the ecological healthiness, vitality, biodiversity and socioeconomic benefits of urban forests, etc. and other factors can be measured for the sustainable management of the urban forests. etc.: Provided, That if a survey and assessment of forest healthiness and vitality has been conducted under Article 19 of the Forest Protection Act, the Minister may utilize the findings of the survey and assessment. |
| (5) | The head of a local government shall measure and assess urban forests, etc. in his or her jurisdiction using the indicators for the management of urban forests, etc. under paragraph (4) and reflect the findings in the creation and management plan he or she establishes under Article 6. |
| (6) | Measurement and assessments and utilization of the indicators for the management of urban forests, etc. and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 12 (Creation and Management of Street Trees) |
| (1) | The head of a local government shall create and manage street trees to be in harmony with other urban forests, etc. for such purposes as creating aesthetically pleasing landscapes and improving living and traffic conditions. |
| (2) | Any person other than the head of a local government shall obtain the approval of the head of the relevant local government in order to engage in any of the following activities in respect of the creation and management of street trees. In this case, approval procedures, the period of approval, cost-bearing and other relevant matters shall be determined by ordinance of the relevant local government: |
| 1. | Planting and tending street trees; |
| 2. | Transplanting street trees; |
| 3. | Removing street trees; |
| 5. | Any other activities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to create and manage street trees. |
| (3) | Any person prescribed by Presidential Decree, including any road management authorities as defined in subparagraph 5 of Article 2 of the Road Act, who intends to perform construction or repair work on a road shall plant and manage street trees on the road and secure spaces for planting street trees from the planning and design stage of the road. |
| (4) | Standards for selection of tree species and standards for planting areas in respect of the creation and management of street trees and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 13 (Deliberative Committees on Creation and Management of Urban Forests) |
| (1) | A deliberative committee on the creation and management of urban forests, etc. (hereafter in this Article referred to as "committee") shall be established in each local government to deliberate on the following in respect of the creation and management of urban forests, etc.: Provided, That such committee need not be established in a Do and Gu (which means an autonomous Gu): |
| 1. | Matters concerning the establishment and modification of the plans to create and manage urban forests, etc. under Article 6; |
| 2. | Matters prescribed by ordinance of each local government, among matters requiring approval under Article 12 (2) 1 through 4; |
| 3. | Any other matters prescribed by ordinance of each local government, as deemed necessary to create and manage urban forests, etc. |
| (2) | The committee shall be comprised of not less than six and not more than 15 members, including one chairperson. |
| (3) | The chairperson and members of the committee shall be commissioned or appointed by the head of each local government, but such members shall include at least two of the following persons, respectively: |
| 1. | An expert who has much knowledge and experience in the creation and management of urban forests, etc.; |
| 2. | A representative of residents living in the jurisdiction; |
| 3. | A person recommended by any civic organization. |
| (4) | If there is any other committee appropriate for performing the functions of the above-mentioned committee and members of such committee have the qualifications specified in paragraph (3), it is possible to integrate the functions of such two committees and to operate as one committee, as prescribed by ordinance of each local government. |
| (5) | The composition and operation of the committees under paragraphs (1) through (3) and other necessary matters shall be prescribed by ordinance of each local government. |
| Article 14 (Urban Forest Pilot Projects) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may implement a pilot project to create and manage an urban forest, etc. if necessary to expand urban forests, etc. and to improve their quality. |
| (2) | The Minister of the Korea Forest Service may request the heads of relevant central administrative agencies or the heads of local governments to submit materials necessary for any pilot project the Minister implements under paragraph (1). |
| Article 15 (Conduct of Projects to Create and Manage Urban Forests) |
A project to create and manage urban forests, etc. may be conducted by any of the following:
| 1. | A person registered to provide landscape construction services, landscape planting and construction services or provide installation services of landscaping structures among the construction services under the Framework Act on the Construction Industry; |
[Enforcement Date: Jun. 9, 2020] Article 15
CHAPTER IV PROMOTING PRIVATE PARTICIPATION
| Article 16 (Designation and Operation of Urban Forest Support Centers) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may designate any institution or organization that has appropriate facilities and human resources as an urban forest support center according to the requirements and procedures prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs for the efficient management of urban forests. etc. |
| (2) | Urban forest support centers shall perform the following functions: |
| 1. | Administering the indicators for the management of urban forests, etc. under Article 11 (4); |
| 2. | Developing and distributing programs for managing and using urban forests, etc.; |
| 3. | Monitoring in respect of promoting the management and use of urban forests, etc.; |
| 4. | Matters concerning certification of exemplary urban forests, etc. under Article 18 (limited to urban forest support centers designated by the Minister of the Korea Forest Service); |
| 5. | Private cooperation in respect of the conduct of the Green City Program and creation and management of urban forests, etc.; |
| 6. | Matters concerning donation of urban forests, etc.; |
| 7. | Other functions necessary to efficiently create and manage urban forests, etc. |
| (3) | Where any of the following applies to an urban forest support center designated under paragraph (1), the Minister of the Korea Forest Service or the head of the competent local government may issue a corrective order to the urban forest support center or revoke the designation thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.: Provided, That the Minister of the Korea Forest Service or the head of the competent local government shall revoke the designation thereof in the case of subparagraph 1: |
| 1. | Where it obtains a designation by fraud or other improper means; |
| 2. | Where it fails to comply with the requirements for designation under paragraph (1); |
| 3. | Where it fails to start performing the functions under the subparagraphs of paragraph (2) within one year from the date of designation under paragraph (1) or to operate for one year or more without good cause. |
| (4) | The Minister of the Korea Forest Service or the head of a local government shall not designate any person whose designation is revoked under paragraph (3) (including the representative in the case of a legal person) as an urban forest support center again within one year from the date of revocation of the designation: Provided, That, if a designation is revoked on the grounds specified in paragraph (3) 1, the Minister of the Korea Forest Service or the head of a local government shall not designate the relevant person as an urban forest support center again within three years from the date of revocation of the designation. |
| Article 17 (Promoting Citizens’ Participation) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may form and operate a private-public consultative group or encourage the establishment and operation of relevant organizations in order to promote citizens’ participation in the creation and management of urban forests, etc. |
| (2) | The Minister of the Korea Forest Service or the head of a local government may provide necessary support for any person other than the State or local governments if such person creates and manages an urban forest, etc. |
| Article 18 (Certification of Exemplary Urban Forests) |
| (1) | The Minister of the Korea Forest Service may certify any urban forest, etc. created and managed with exemplary efforts as an exemplary urban forest, etc. by designating a certification institution in order to promote the creation and management of urban forests, etc. and to improve their quality. |
| (2) | A person who intends to obtain a certification under paragraph (1) shall apply to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | Where any of the following applies to a certification institution designated under paragraph (1), the Minister of the Korea Forest Service may issue a corrective order to the certification institution or revoke the designation thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the Minister of the Korea Forest Service shall revoke the designation thereof in the case of subparagraph 1: |
| 1. | Where it obtains a designation by fraud or other improper means; |
| 2. | Where it fails to comply with the requirements for designation; |
| 3. | Where it fails to start certification services for urban forests, etc. within one year from the date of designation under paragraph (1) or to operate for one year or more without good cause. |
| (4) | Requirements and procedures for designation, designation of certification institutions and revocation of designation under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 19 (Donation in Respect of Urban Forests) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may accept trees, land, etc. which individuals, companies or similar entities intend to donate for the creation and management of urban forests, etc. |
| (2) | The Minister of the Korea Forest Service shall manage and dispose of any trees, land, etc. donated under paragraph (1), notwithstanding Article 8 of the State Property Act. |
| (3) | Matters necessary concerning acceptance, management and disposal of, donations under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Support from the State) |
| (1) | The State may provide local governments with administrative and financial support in respect of the creation and management of urban forests, etc. under this Act. |
| (2) | The State or local governments may subsidize relevant institutions, organizations, etc. that carry out any project related to urban forests, etc. to meet all or part of the working expenses within the budget. |
| Article 21 (Return of Subsidies) |
| (1) | Any person who intends to use any urban forest, etc. created with a subsidy or support from the State or a local government for any purpose other than the original purpose of the subsidized project shall return the amount of the subsidy or support (hereinafter referred to as “subsidy”), plus interest thereon, to the Minister of the Korea Forest Service, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), as the case may be: Provided, That such person need not return the amount of the subsidy, plus interest, if the period prescribed by Presidential Decree has expired since the creation of the forest, etc.: |
| (2) | The Minister of the Korea Forest Service, the Mayor/Do Governor or the head of a Si/Gun/Gu shall order a person who has failed to fulfill hisor her obligation to return to repay a subsidy and interest thereon, as prescribed by Presidential Decree. |
| Article 22 (Restoration Orders) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may order a person who engages in any of the following activities to restore or remove within a specified period. In this case, a person to whom such an order has been issued fails to comply with the order, such order can be vicariously executed under the Administrative Vicarious Execution Act: |
| 1. | Vandalizing or deteriorating an urban forest, etc. or any amenity therein; |
| 2. | Installing or abandoning any obstacle or structure without permission in, or occupying, an urban forest, etc.; |
| 3. | Any activity requiring the creation and management of an urban forest, etc. due to any project or activity other than works to create and manage an urban forest, etc. |
| (2) | If restoration is impossible or inappropriate by issuing a restoration order under paragraph (1), the Minister of the Korea Forest Service or the head of a local government may collect the expenses incurred in restoration from the relevant actor. |
| (3) | Standards for collection of expenses under paragraph (2) and matters necessary for refund shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or ordinance of each local government. |
| (4) | Where a person who is required to pay expenses for restoration under paragraph (3) fails to do so within a specified period, the Minister of the Korea Forest Service or the head of a local government shall demand the payment thereof, specifying the payment due date. |
| (5) | If the payment of expenses under paragraph (4) is past due, the Minister of the Korea Forest Service or the head of a local government may collect an additional charge. |
The Minister of the Korea Forest Service or the head of a local government shall hold a hearing to take any of the following dispositions:
| 1. | Revoking a designation of an urban forest support center under Article 16 (3); |
| 2. | Revoking a designation of a certification institution of exemplary urban forests, etc. under Article 18 (3). |
| Article 24 (Reporting and Inspection) |
| (1) | The Minister of the Korea Forest Service or the head of a local government may require any of the following persons to report on his or her business or to submit relevant materials, or require public officials of the Service or the local government to conduct an inspection in respect his or her business if necessary to create and manage urban forests, etc.: |
| 1. | A business entity engaged in the business of creating and managing urban forests, etc. and street trees under Articles 11 and 12; |
| 2. | The head of any urban forest support center designated under Article 16 (1); |
| 3. | The head of any organization related to urban forests, etc. under Article 17 (1); |
| 4. | The head of any certification institution of urban forests, etc. designated under Article 18 (1). |
| (2) | Any public official who conducts an inspection under paragraph (1) shall carry a document verifying his or her authority and produce it to interested persons. |
| Article 25 (Delegation and Entrustment of Authority) |
| (1) | Part of authority of the Minister of the Korea Forest Service under this Act may be delegated to Mayors/Do Governors or the heads of agencies under his or her control, as prescribed by Presidential Decree. |
| (2) | Mayors/Do Governors may re-delegate part of the authority delegated to them to the heads of Sis/Guns/Gus with the approval of the Minister of the Korea Forest Service. |
| (3) | Part of authority of Mayors/Do Governors under this Act may be delegated to the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. |
| (4) | The duties of the Minister of the Korea Forest Service or the heads of local governments under this Act may be entrusted to related institutions or organizations, as prescribed by Presidential Decree. |
CHAPTER VI? PENALTY PROVISIONS
| Article 26 (Penalty Provisions) |
| (1) | Any person who steals an urban forest, etc. or any produce therefrom shall be punished by imprisonment with labor for a term not exceeding five years or by a fine not exceeding 50 million won. |
| (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: |
| 1. | Any person who plants, tends, transplants, removes or prunes street trees without approval required under Article 12 (2); |
| 2. | Any person who vandalizes an urban forest, etc. or any amenity therein without good cause; |
| 3. | Any person who installs or abandons any obstacle or structure in, or occupies, an urban forest, etc. without permission. |
| (3) | Any person who habitually commits a crime under paragraph (1) or the subparagraphs of paragraph (2) shall be punished more severely by increasing the jail term or fine for each crime by 1/2. |
| Article 27 (Joint Penalty Provisions) |
If the representative of a legal person or an agent or employee of, or any other person employed by, the legal person or an individual commits any violations described in Article 26 or 28 in conducting the business affairs of the legal person or individual, the legal person or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply if such legal person or individual has not been negligent in give due attention to, and supervising, the business affairs to prevent such violations.
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who fails to comply with a restoration order or removal order issued under Article 22; |
| 2. | A person who refuses, obstructs or hinders reporting or submission of materials or an inspection under Article 24 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of the Korea Forest Service, Mayors/Do Governors, the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. |
ADDENDA <Act No. 17420, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 15 shall enter into force on the date of its promulgation. Article 2 (General Transitional Measures)
Any disposition or reporting or any other act done against administrative agencies under the previous Creation and Management of Forest Resources Act as at the time this Act enters into force shall be deemed to be any disposition or reporting or any other act done against administrative agencies under this Act in respect of the creation and management of urban forests, etc. Article 3 (Transitional Measures concerning Master Plans for Urban Forests)
Article 4 (Transitional Measures concerning Approval to Create Street Trees)
Article 5 (Transitional Measures concerning Applications for Approval to Create Street Trees)
Article 6 (Transitional Measures concerning Urban Forests, Neighborhood Forests and Street Trees)
All urban forests, neighborhood forests and street trees created under the previous Creation and Management of Forest Resources Act as at the time this Act enters into force shall be deemed to be urban forests, neighborhood forests and street trees under this Act. Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Article 8 Omitted.
Article 9 (Relationship to Other Statutes)
A citation of any provision of the previous Creation and Management of Forest Resources Act in other statutes as at the time this Act enters into force shall be deemed to be a citation of the corresponding provision of this Act, in lieu of the previous provision, if such corresponding provision exists herein.