NATURAL ENVIRONMENT CONSERVATION ACT
Wholly Amended by Act No. 7297, Dec. 31, 2004
Amended by Act No. 7678, Aug. 4, 2005
Act No. 8014, Sep. 27, 2006
Act No. 8045, Oct. 4, 2006
Act No. 8355, Apr. 11, 2007
Act No. 8468, May 17, 2007
Act No. 8466, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9037, Mar. 28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9774, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10032, Feb. 4, 2010
Act No. 11671, Mar. 22, 2013
Act No. 11862, jun. 4, 2013
Act No. 13168, Feb. 3, 2015
Act No. 13885, Jan. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15100, Nov. 28, 2017
Act No. 15839, Oct. 16, 2018
Act No. 16806, Dec. 10, 2019
Act No. 17326, May 26, 2020
Act No. 17846, Jan. 5, 2021
Act No. 18031, Apr. 13, 2021
Act No. 18910, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to seek sustainable utilization of the natural environment and to allow people to lead a leisurely and healthy life in a comfortable natural environment by systematically conserving and managing the natural environment, such as protection of the natural environment from artificial damage, conservation of the ecosystem, natural scenery, etc.
The terms used in this Act are defined as follows: <Amended on Oct. 4, 2006; Feb. 1, 2012; Mar. 22, 2013; Nov. 28, 2017; May 26, 2020; Jan. 5, 2021; Jun. 10, 2022>
| 1. | The term "natural environment" means the state of nature (including the ecosystem and natural scenery) which includes all living things under the ground, on the surface of the earth (excluding the ocean) and on the ground, and the inanimate things surrounding these; |
| 2. | The term "conservation of the natural environment" means systematic conservation, protection or restoration of the natural environment, and development and management of nature for enhancement of biological diversity; |
| 3. | The term "sustainable use of nature" means to allow the present and future generation to utilize or benefit from the natural environment with equal opportunities; |
| 4. | The term "natural ecology" means the geographic or geologic environment realized in the state of nature and all of phenomena which living things subsist under such conditions; |
| 5. | The term "ecosystem" means a dynamic complex in which the communities of plants, animals and microorganisms and an abiotic environment interact with each other as a functional unit; |
| 6. | The term "sub-ecosystem" means a habitat for living things which is developed for the enhancement of biological diversity, enhancement of the continuity of an ecosystem, such as the possibility of mobility of wild fauna and flora between their habitats, etc. or the improvement of habitation condition of a particular species; |
| 7. | The term "biological diversity (or biodiversity)" means diversity among living things originating from all sources, such as terrestrial and aquatic ecosystems (excluding marine ecosystems), and the ecological complexes of all these ecosystems, and includes diversity within species, between species, and of ecosystems; |
| 8. | The term "ecological axis" means an ecological habitation space that links ecologically vital areas or areas that need to maintain ecological functions for the enhancement of biological diversity and continuity of ecosystem functions, at a national or regional level; |
| 9. | The term "ecological corridor" means ecological space, such as artificial structures and vegetation, established to prevent habitat of wild fauna or flora from being isolated, damaged, or destroyed due to any road, dam, reservoir, estuary bank, etc., and to assist in the upkeep of the continuity of ecosystems, such as migration of wild fauna or flora; |
| 10. | The term "natural scenery" means an area, topography and elements of nature affiliated with them that have visual or aesthetic value in terms of the natural environment, or scenery of nature where things are harmonious in a complex way; |
| 11. | The term "alternative nature" means a nature that is developed to perform functions similar or supplemental to the functions of the existing natural environment; |
| 12. | The term "ecological and scenery conservation area" means an area worthy of special conservation as it is ecologically important having abundant biological diversity, or as it has beautiful natural scenery, and which is designated and declared by the Minister of Environment pursuant to Articles 12 and 13 (3); |
| 13. | The term "natural reservation area" means an area prescribed by Presidential Decree from among uninhabited islands which are not used for any particular purpose other than military, among the areas whose ecosystems are spared from damage due to their difficulty of access by people, and also means the demilitarized zone for two years from the date when it falls under the jurisdiction of the Republic of Korea; |
| 14. | The term "ecological and natural map" means a map made pursuant to the provisions of Article 34 according to ratings based on ecological value, natural characteristics, scenic value, etc. of mountains, rivers, inland wetlands, lakes, farmlands, cities, etc.; |
| 15. | The term "natural resources" means all living and inanimate things in their natural condition that have material or immaterial value that can be utilized for people's livelihood or economic activities; |
| 16. | The term "biological resources" means biological resources referred to in subparagraph 3 of Article 2 of the Act on Conservation and Use of Biological Diversity; |
| 17. | The term "ecological village" means a village that has ecological functionality, beautiful natural scenery, and the capability for sustainable conservation and utilization thereof, and is designated by the Minister of Environment or the head of the relevant local government, pursuant to Article 42; |
| 18. | The term "ecotourism" means eco-friendly tourism through which the importance of the environment may be experienced through the conservation and wise utilization of natural assets in an area with a particularly excellent ecosystem or beautiful natural scenery. |
| 19. | The term "natural environment restoration project" means a project to recover the structure and functions of a damaged natural environment, which falls under the following subparagraphs: Provided, That projects implemented by the heads of other relevant central administrative agencies pursuant to the statutes under their jurisdiction shall be excluded herefrom: |
| (a) | Project for the conservation and management of natural ecology, natural scenery, and biological diversity in an ecological and scenery conservation area; |
| (b) | Projects to maintain the continuity of urban ecosystem or improve the functions of the ecosystem; |
| (c) | Projects for installing ecological corridors, etc. to connect the interrupted ecosystems and to help wild animals move; |
| (e) | Other projects to restore damaged natural environment and ecosystem, which are prescribed by Presidential Decree. |
| Article 3 (Basic Principles of Conservation of Natural Environment) |
The natural environment shall be conserved in accordance with the following basic principles: <Amended on May 26, 2020; Jan. 5, 2021>
| 1. | The natural environment shall be conserved as a resource for all people in a way suitable for the public good, and shall be used so as to be sustained for present and future generations; |
| 2. | Conservation of the natural environment shall be harmonious and balanced with the use of national land; |
| 3. | Natural ecology and natural scenery shall be conserved and managed so as to promote human activity, functionality of nature, and ecological circulation; |
| 4. | Opportunities for all people to participate in the conservation of the natural environment and the sound use of the natural environment shall be increased; |
| 5. | Ecological equilibrium shall neither be destroyed nor depreciated when utilizing or developing the natural environment: Provided, That where natural ecology or natural scenery is destroyed, damaged, or encroached, an effort shall be made to restore and return to former condition to the utmost; |
| 6. | Burdens arising from conservation of the natural environment shall be borne fairly, and benefits obtained from the natural environment shall be preferentially enjoyed by residents of the region and by interested persons; |
| 7. | International cooperation for conservation of the natural environment and sustainable use of the natural environment shall be promoted; |
| 8. | When the natural environment is restored, the adaptation to the environmental changes and connectivity of the ecosystem shall be considered; and the accumulated scientific knowledge and information shall be actively utilized; and the restoration process shall be based on the participation and cooperation of all the interested parties, such as the State, local governments, local residents, civic groups, and experts. |
| Article 4 (Responsibilities of the State, Local Governments, and Business Entities) |
| (1) | The State and a local government shall bear the responsibility of devising the following measures according to the basic principles of conservation of the natural environment pursuant to the purpose referred to in Article 1 and the provisions of Article 3, and executing them: <Amended on Nov. 28, 2017> |
| 1. | Formulation and implementation of measures for conservation of the natural environment for prevention of damage to natural environment due to development, utilization, etc. of national land, and for the sustainable use of the natural environment; |
| 2. | Formulation and implementation of a plan of utilization and development of land, and development project of land that are harmonious with the natural environment, such as natural ecology and natural scenery; |
| 3. | Construction of an ecological axis to maintain the continuity of ecosystem, such as the creation of sub-ecosystems and construction of ecological corridors, and formulation and implementation of management measures; |
| 4. | Formulation and implementation of measures to restore and recover areas whose natural environment has been damaged; |
| 5. | Formulation and implementation of measures necessary for the restoration of ecosystems, such as the development of ecological restoration technology and promotion of specialized institutions for ecological restoration; |
| 6. | Promotion of measures for private organizations, business entities, people, etc. to take an active part in the conservation of the natural environment, and creation of appropriate conditions therefor; |
| 7. | Promotion of scientific technology for conservation of the natural environment, such as the survey, research and development of technology and training of specialized manpower; |
| 8. | Enhancement of people's awareness of the importance of conservation of the natural environment through education and public relations; |
| 9. | International cooperation regarding conservation of the natural environment and conservation of the global environment. |
| (2) | Business entities conducting business activities shall comply with the following matters: <Amended on Nov. 28, 2017; May 26, 2020; Apr. 13, 2021> |
| 1. | To consider natural ecology and natural scenery first of all; |
| 2. | To take necessary measures such as preventing business activities from damaging the natural environment, voluntarily restoring or recovering the natural environment to cope with damaged natural environment, or securing the ecological area ratio (referring to the ratio of soil area that has ecological functions or natural circulation functions in the development area) prescribed by Ordinance of the Ministry of Environment; |
| 3. | To participate and cooperate in the measures for conservation of the natural environment, etc. of the State and the relevant local government under paragraph (1). |
| Article 5 (Campaign for Conservation of Nature) |
The Government shall support local governments, private organizations, etc. so that all citizens may participate in campaigns for the conservation of nature, and ensure that the campaigns for the conservation of nature are operated in consideration of ecological characteristics of each region.
| Article 6 (Basic Policies for Conservation of Natural Environment) |
| (1) | The Minister of Environment shall establish basic policies for conservation of the natural environment (hereinafter referred to as "Basic Policies for Conservation of the Natural Environment") to implement the purpose referred to in Article 1 and the basic principles of conservation of the natural environment referred to in Article 3 after hearing opinions of the heads of competent central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as the "Mayors/Do Governors"), and after deliberation by the environmental policy committee (hereinafter referred to as "Central Environmental Policy Committee") referred to in Article 58 of the Framework Act on Environmental Policy and the State Council. <Amended on Feb. 4, 2010; Jul. 21, 2011; Nov. 28, 2017> |
| (2) | The Basic Policies for Conservation of the Natural Environment shall contain the following matters: <Amended on Oct. 4, 2006; May 26, 2020; Jun. 10, 2022> |
| 1. | Systematic conservation and management of the natural environment, and sustainable use of the natural environment; |
| 2. | Selection of ecosystems requiring serious conservation, protection of endangered species or ecologically important species, and protection of biological resources; |
| 3. | Restoration and recovery of areas whose natural environment has been damaged; |
| 4. | Management of ecology and scenery conservation areas, and improvement of the quality of life of residents in the relevant area; |
| 5. | Improvement of the ecological soundness of mountains, rivers, inland wetlands, farmlands, islands, etc., and conservation of biological diversity through the creation, etc. of ecological corridors, sub-ecosystems, and alternative nature; |
| 6. | Conservation of the ecological axis and restoration of the damaged ecological axis; |
| 7. | Promotion of national education and civic activities relating to the natural environment; |
| 8. | International cooperation relating to conservation of the natural environment; |
| 9. | Other matters relating to conservation of the natural environment prescribed by Presidential Decree. |
| (3) | When the Minister of Environment drafts the Basic Policy for Conservation of the Natural Environment, he or she shall inform the head of the competent central administrative agency and the relevant Mayor/Do Governor. |
| (4) | The head of the competent central administrative agency and the relevant Mayor/Do Governor shall draw up a promotion policy or action plan (limited to an action plan in the case of Mayor/Do Governor) in accordance with the Basic Policy for Conservation of the Natural Environment and inform the Minister of Environment thereof. <Amended on May 26, 2020> |
| Article 7 (Consultation on Important Policy) |
| (1) | When the head of central administrative agency intends to draft and execute an important policy or plan that has a direct relationship with the conservation of the natural environment, he or she shall consult with the Minister of Environment in advance: Provided, That where he or she has consulted with the Minister of Environment pursuant to other statutes this shall not apply. <Amended on May 26, 2020> |
| (2) | In drafting and executing a development plan and development project (hereinafter referred to as a "development project, etc."), the Minister of Environment may, after consultation with the head of a central administrative agency, draft a guideline to consider for the conservation of the natural environment and sustainable use of the natural environment, and make the guideline utilized. |
| (3) | The kinds of important policy and plan that are liable for consultation pursuant to the provisions of paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 8 (Formulation of Basic Plan for Conservation of Natural Environment) |
| (1) | The Minister of Environment shall draft a basic plan for conservation of the natural environment of the nation (hereinafter referred to as the "Basic Plan for Conservation of the Natural Environment") every 10 years. |
| (2) | The Basic Plan for Conservation of Natural Environment shall be set after deliberation by the Central Environmental Policy Committee. <Amended on Feb. 4, 2010> |
| (3) | In drafting the Basic Plan for Conservation of the Natural Environment, the Minister of Environment shall have a prior consultation with the head of the relevant central administrative agency. In such cases, the Basic Policy for Conservation of the Natural Environment, and the principles of promotion or action plan informed by the head of the relevant central administrative agency and the relevant Mayor/Do Governor pursuant to the provisions of Article 6 (4) shall be considered. <Amended on May 26, 2020> |
| (4) | The Minister of Environment may request the head of the relevant central administrative agency and the relevant Mayor/Do Governor to submit proposals on the policy and project of their concern to be reflected in the Basic Plan for Conservation of the Natural Environment. |
| (1) | Paragraphs (2) through (4) shall apply mutatis mutandis where modification of the Basic Plan for Conservation of the Natural Environment is intended: Provided, That in the case of modification of minor matters prescribed by Presidential Decree, the deliberation of the Central Environmental Policy Committee may be dispensed with. <Amended on Feb. 4, 2010; May 26, 2020> |
| Article 9 (Details of Basic Plan for Conservation of Natural Environment) |
The basic plan for conservation of the natural environment shall contain the following matters: <Amended on May 26, 2020; Apr. 13, 2021>
| 2. | Matters regarding a basic course of conservation of the natural environment, and setting of conservation targets; |
| 3. | Matters regarding the main tasks to be implemented and projects for conservation of the natural environment; |
| 4. | Matters regarding major policies for conservation of the natural environment to be promoted by each local government; |
| 5. | Matters regarding conservation and management of natural scenery; |
| 6. | Matters regarding construction and promotion of an ecological axis; |
| 7. | Matters regarding major projects for the restoration of ecosystems, such as construction of ecological corridors and restoration of damaged areas; |
| 8. | Matters relating to establishment and operation of comprehensive geographic information systems on the natural environment pursuant to the provisions of Article 11; |
| 9. | Matters regarding calculation of expenses necessary for the execution of projects, and plans for raising the funds therefor; |
| 10. | Other matters prescribed by Presidential Decree relating to conservation of the natural environment. |
| Article 10 (Execution of Basic Plan for Conservation of Natural Environment) |
| (1) | Where the Minister of Environment has set the Basic Plan for Conservation of the Natural Environment pursuant to the provisions of Article 8 (2), he or she shall inform the head of the relevant central administrative agency and the relevant Mayor/Do Governor without delay. <Amended on May 26, 2020> |
| (2) | The head of the relevant central administrative agency and the relevant Mayor/Do Governor shall take necessary measures for the execution of the Basic Plan for Conservation of the Natural Environment, such as reflecting the contents of the Basic Plan for Conservation of the Natural Environment in the policy and plan relating to their own duties. |
| (3) | The Minister of Environment shall analyze and evaluate the execution outcome of the Basic Plan for Conservation of the Natural Environment periodically, every two years, and reflect the result in the policy for conservation of the natural environment. |
| Article 11 (Establishment and Operation of Information Network on Natural Environment) |
| (1) | The Minister of Environment may establish and operate a comprehensive geographic information system on the natural environment (hereinafter referred to as the "information network on the natural environment") computerized with ecological and nature maps, data on biological species, etc. for swift production and distribution of information regarding the natural environment. |
| (2) | The Minister of Environment may request for submission of data necessary for establishment and operation of the information network on the natural environment to the head of relevant administrative agency. In such cases, the head of the relevant administrative agency shall respond to this request insofar as there are no particular issues. <Amended on May 26, 2020> |
| (3) | Where necessary for effective establishment and operation of the information network on the natural environment, the Minister of Environment may entrust the establishment and operation of the information network on the natural environment to a specialized institution. |
| (4) | Matters necessary for establishment and operation of the information network on the natural environment shall be prescribed by Presidential Decree. |
CHAPTER II MANAGEMENT OF ECOLOGICAL AND SCENERY CONSERVATION AREA
| Article 12 (Ecological and Scenery Conservation Area) |
| (1) | The Minister of Environment may designate as an ecological and scenery conservation area any of the following areas whose natural ecology and natural scenery need particular conservation: <Amended on May 26, 2020> |
| 1. | An area where the state of nature maintains primitiveness, or which greatly merits conservation and scientific research because of its abundant biological diversity; |
| 2. | An area that has peculiar topographic or geological features and thus needs conservation for academic research or maintenance of its natural scenery; |
| 3. | An area that can represent diverse ecosystems or an area that is a specimen of an ecosystem; |
| 4. | An area prescribed by Presidential Decree that has beautiful natural scenery, such as rivers and mountain valleys, and thus needs particular conservation. |
| (2) | The Minister of Environment may designate and manage ecological and scenery conservation areas by classifying such ecological and scenery conservation areas as follows in consideration of their ecological characteristics, natural scenery, topographical conditions, etc. for the sustainable conservation and management of ecological and scenery conservation areas: |
| 1. | Core ecological and scenery conservation area (hereinafter referred to as a "core area"): An area where special protection for the prevention of damage to the structure and function of an ecosystem is necessary, or where special protection is intended because of its beautiful natural scenery; |
| 2. | Buffer ecological and scenery conservation area (hereinafter referred to as a "buffer area"): An area bordering a core area, which is necessary for the protection of the core area; |
| 3. | Transition ecological and scenery conservation area (hereinafter referred to as a "transition area"): A community area surrounded by a core area or a buffer area, which is necessary for sustainable conservation and utilization. |
| (3) | The Minister of Environment may revoke or change the designation of an area where it has lost its value as an ecological and scenery conservation area, or has become needless to conserve it as an ecological and scenery conservation area pursuant to the provisions of paragraph (1) due to military purposes, natural disaster, or other causes. <Amended on May 26, 2020> |
| Article 13 (Procedure for Designation and Change of Ecological and Scenery Conservation Areas) |
| (1) | When the Minister of Environment intends to designate or change an ecological and scenery conservation area, he shall engage in consultation with the head of the relevant central administrative agency and go through deliberation of the Central Environmental Policy Committee after gathering opinions of the residents in the relevant area, interested persons, and the head of the local government with a designation plan containing the following contents along with a topographical map prescribed by Presidential Decree: Provided, That for changes of minor matters prescribed by Presidential Decree, the Local Environmental Policy Committee may decide not to deliberate: <Amended on Feb. 4, 2010; May 26, 2020> |
| 1. | The reason and purpose of designation; |
| 2. | The area and scope of designation; |
| 3. | The present status and characteristics of the natural ecology and natural scenery; |
| 4. | The present status of land utilization; |
| 5. | An outline of the classification of core area, buffer area and transition area, and a management plan for each area. |
| (2) | The head of a local government or the head of a central administrative agency shall submit the opinion to the Minister of Environment within 30 days from the date he or she has received the request for opinion or consultation pursuant to paragraph (1) insofar as there are no particular issues. <Amended on May 26, 2020> |
| (3) | When the Minister of Environment has designated or changed an ecological and scenery conservation area pursuant to the provisions of paragraph (1), he or she shall announce the details of the designation or change as prescribed by Ordinance of the Ministry of Environment in the Official Gazette without delay. <Amended on May 26, 2020> |
| Article 14 (Basic Plan for Management of Ecological and Scenery Conservation Area) |
The Minister of Environment shall draft and execute a basic plan for management of the ecology and scenery conservation area containing the following matters after consultation with the head of the relevant central administrative agency and Mayor/Do Governor relating to the ecological and scenery conservation area. <Amended on May 26, 2020>
| 1. | Conservation and management of the natural ecology, natural scenery and biological diversity; |
| 2. | Improvement of the living standards of residents in the ecological and scenery conservation area and protection of the interests of interested persons; |
| 3. | Matters to contribute to the development of the community through management of natural resources and conservation of the ecosystem; |
| 4. | Other matters necessary for drafting and execution of the basic plan of management of the ecological and scenery conservation area, which are prescribed by Presidential Decree. |
| Article 15 (Restriction of Acts in Ecological and Scenery Conservation Area) |
| (1) | No one shall damage natural ecology or natural scenery, which falls under any of the following subparagraphs in any ecological and scenery conservation area: Provided, That if an ecological and scenery conservation area includes a park district designated pursuant to the Natural Parks Act, or cultural property (including a protection district) pursuant to the Cultural Heritage Protection Act, it shall be governed by the Natural Parks Act or the Cultural Heritage Protection Act: <Amended on May 26, 2020> |
| 1. | Capturing, gathering, transplanting, damaging, or withering to death the wild fauna and flora, or laying any explosives, hook, snare, net, trap, etc., or scattering or pouring any poison, agricultural chemical, etc. to capture or to wither to death the wild fauna and flora in the core area; |
| 2. | Constructing and enlarging (limited to the case of enlargement by two times or more of the total construction area at the time of designation as an ecological and scenery conservation area) a building and other structures (hereinafter referred to as a "building, etc."), and change of form and quality of land; |
| 3. | Changing the form of a river, lake, etc. or causing any increase or decrease of water level or water volume; |
| 4. | Gathering soil and stone; |
| 5. | Other acts prescribed by Presidential Decree among the acts acknowledged as harmful to the conservation of the natural environment. |
| (2) | Paragraph (1) shall not apply in any of the following cases: <Amended on Aug. 4, 2005; Jun. 9, 2009; Nov. 28, 2017; May 26, 2020> |
| 1. | Where such act is necessary for military purposes; |
| 2. | Where emergency measures are required due to a natural disaster prescribed by Presidential Decree or disaster corresponding thereto; |
| 3. | Where an act prescribed by Presidential Decree is performed, such as an act which is required to keep the mode of living or to improve standard of living of the residents in the ecological and scenery conservation area, or an act which is needed to continue farming that has been performed at the time of designation as an ecological and scenery conservation area; |
| 4. | Where the Minister of Environment permits as prescribed by Ordinance of the Ministry of Environment, in deeming that such act not cause inconvenience to the conservation of the relevant area; |
| 6. | Where projects are executed according to the forest management plan pursuant to the Creation and Management of Forest Resources Act, and for the protection of forests and the conservation of an arboreal genetic resources protection district under the Forest Protection Act, without deforestation or diversion of form and quality of land; |
| 7. | Where the head of the relevant administrative agency grants authorization, permission, approval, etc. (hereinafter referred to as "authorization, permission, etc.") or directly executes such activities pursuant to other statutes. In such cases, the head of the relevant administrative agency shall consult with the Minister of Environment in advance; |
| 8. | Where the Minister of Environment performs an act and installs the necessary facility prescribed by Presidential Decree to protect and manage the ecological and scenery conservation area. |
| (3) | Notwithstanding paragraph (1), the following acts are allowed in the buffer area: <Amended on Aug. 4, 2005; Jun. 9, 2009; Jun. 9, 2009; Jun. 3, 2014; May 26, 2020; Jan. 5, 2021> |
| 1. | Erection of a building, etc. prescribed by Presidential Decree, which is for dwelling, livelihood, etc. on land which has categorized as a building site (limited to land, the category of which was building site before the designation as an ecological and scenery conservation area) pursuant to the Act on the Establishment and Management of Spatial Data; |
| 2. | Installation of a facility prescribed by Presidential Decree for investigation into ecology, ecological studies, etc.; |
| 4. | Installation of a facility for measuring streamflow and groundwater, and drainage, or erection of a building, etc. similar to these and annexed to agriculture, forestry and fishery; |
| (4) | Notwithstanding paragraph (1), the following acts may be performed in the transition area: <Amended on May 26, 2020> |
| 1. | Acts of each subparagraph of paragraph (3); |
| 2. | Erection of a building, etc. prescribed by Presidential Decree for maintenance of mode of life or improvement of the standard of living of persons who are residing in the transition area; |
| 3. | Installation of facilities for food, lodging, or shopping prescribed by Presidential Decree for persons visiting the ecological and scenery conservation area; |
| 4. | Installation of public facilities and facilities for convenient livelihood prescribed by Presidential Decree for local residents and visitors, such as road and water supply and drainage. |
| (5) | The Minister of Environment may restrict development projects prescribed by Presidential Decree, or limit farming notwithstanding the provisions of paragraph (2) 3 where it is particularly necessary for the conservation of vulnerable natural ecology and natural scenery. <Amended on May 26, 2020> |
| Article 16 (Prohibited Acts in Ecological and Scenery Conservation Area) |
No one shall perform any act falling under any of the following subparagraphs in the ecological and scenery conservation area: Provided, That this shall not apply where it is necessary for military purposes, or emergency measures are required due to natural disaster prescribed by Presidential Decree, or other disaster equivalent thereto: <Amended on May 17, 2007; Jun. 4, 2013; Jan. 17, 2017; May 26, 2020>
| 2. | Possessing inflammables prescribed by Ordinance of the Ministry of Environment, or cooking or camping in any place other than that designated by the Minister of Environment (limited to the core area and buffer area); |
| 3. | Act of staining, damaging, or moving signboards or other signposts regarding conservation of the natural environment; |
| 4. | Other acts, such as gathering of grass or trees and lumbering, which are prescribed by Presidential Decree as acts prohibited for the conservation of an ecological and scenery conservation area. |
| Article 16-2 (Limited Access to Ecological and Scenery Conservation Areas) |
| (1) | The Minister of Environment may restrict or prohibit access to all or part of an ecological and scenery conservation area for a specified period in any of the following cases: |
| 1. | Where limited access is deemed particularly necessary in order to protect an ecological and scenery conservation area, such as a natural ecosystem and natural scenery; |
| 2. | Cases for recovery of the natural environment damaged due to natural or artificial factors; |
| 3. | Cases for safety of persons who enter an ecological and scenery conservation area. |
| (2) | Notwithstanding paragraph (1), any of the following persons may enter an ecological and scenery conservation area: <Amended on May 26, 2020> |
| 1. | A resident of a relevant region who enters the area to do daily work, such as carrying out ordinary business of agriculture, forestry or fisheries; |
| 2. | A person who enters the area to carry out business for conserving ecological and scenery conservation areas; |
| 3. | A person who enters the area for military purposes; |
| 6. | A person who enters the area for the implementation of forest management plans and the protection of forests referred to in the Forest Resources Creation and Management Act or for the conservation and management of a forest gene resources protection area referred to in the Forest Protection Act; |
| 7. | Other persons who enter the area to carry out an act determined by Presidential Decree which does not obstruct the conservation or management of an ecological and scenery conservation area. |
| (3) | Where the Minister of Environment intends to restrict or prohibit access pursuant to paragraph (1), he or she shall publicly notify the location and size of a relevant area, the period for limited or prohibited access, and other matters determined by Ordinance of the Ministry of Environment in advance. |
| (4) | If the Minister of Environment deems the grounds for limited or prohibited access eliminated, he or she shall lift limits to, or prohibition of, access without delay, and publicly notify such fact. |
[This Article Newly Inserted on Mar. 22, 2013]
| Article 17 (Order of Suspension) |
The Minister of Environment may order a person who has performed an act in violation of the provisions of Article 15 (1) in an ecological and scenery conservation area to suspend that act, or to restore the item to original state within a reasonable period of time that he or she has set: Provided, That he or she may order to take equivalent measures, such as construction of alternative nature, where restoration to the original state is difficult. <Amended on May 26, 2020>
| Article 18 (Securing Land for Conservation of Natural Ecology and Natural Scenery) |
| (1) | Where land, buildings, or items fixed to land (hereinafter referred to as "land, etc.") owned by the State located in an ecological and scenery conservation area, or an area required to be designated as an ecological and scenery conservation area because it has remarkably high ecological value become unnecessary for military purposes or for the purpose of protection of cultural properties, etc., the Minister of Environment may request the head of a central administrative agency, such as the Minister of National Defense and the Administrator of the Cultural Heritage Administration, having authority to manage such land, etc., for administrative conversion pursuant to subparagraph of Article 2 of the State Properties Act: Provided, That this shall not apply to land pursuant to the provisions of Articles 20 and 20-2 of the Act on Special Measures for Readjustment of Requisitioned Properties and Articles 2 and 3 of the Act on Special Measures for Readjustment of Expropriated or Used Lands under the Decree on Special Measures for Expropriation or Uses of Lands in Areas to be Mobilized pursuant to the provisions of Article 5 (4) of the Act on Special Measures for National Integrity. <Amended on Jan. 30, 2009; May 26, 2020> |
| (2) | The Minister of Environment may, as prescribed by Presidential Decree, perform an inspection after consultation with the head of a relevant central administrative agency, such as the Minister of National Defense and the Administrator of the Cultural Heritage Administration, in order to select land, etc. to be subject for administrative conversion pursuant to paragraph (1). <Amended on Jan. 30, 2009; May 26, 2020> |
| Article 19 (Procurement of Land in Ecological and Scenery Conservation Area) |
| (1) | Where the Minister of Environment deems necessary for the conservation of the ecosystem in an ecological and scenery conservation area or natural reserve area, he or she may purchase land, etc. in those areas after consultation with the owner. |
| Article 20 (Support for Residents in Ecological and Scenery Conservation Area) |
| (1) | Where a resident expands his or her house in an area (hereafter referred to as an "adjoining area" in this Article) which may directly affect water quality, etc. of an ecological and scenery conservation area, the Minister of Environment may support all or part of the expenses for installation of a private sewage treatment facility and excreta treatment facility pursuant to the Sewerage Act. <Amended on Sep. 27, 2006; May 26, 2020> |
| (2) | The Minister of Environment shall, first of all, formulate plans to support treatment of sewage and waste water in the ecological and scenery conservation area and its adjoining area. In such cases, he or she may request the head of the competent central administrative agency or head of the relevant local government to take measures necessary for the support and measures necessary for the promotion of eco-friendly agriculture, forestry, and fishing industry. <Amended on May 26, 2020> |
| (3) | Necessary matters, such as procedures and methods, for support for ecological and scenery conservation areas and their adjoining areas, under the provisions of paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 21 (Priority Utilization of Ecological and Scenery Conservation Area) |
| (1) | The Minister of Environment shall grant priority utilization to residents in the ecological and scenery conservation area after consultation with the head of the competent central administrative agency and the head of local government: Provided, That, where there is an interested person, such as an owner of land, this shall apply only if an agreement has been made with him or her. <Amended on May 26, 2020> |
| (2) | Residents who utilize the ecological and scenery conservation area pursuant to the provisions of paragraph (1) shall make every effort for conservation of the area. <Amended on May 26, 2020> |
| Article 21-2 (Support for Biosphere Reserves) |
The head of a relevant administrative agency may provide necessary financial support to conserve and manage biosphere reserves selected by UNESCO.
[This Article Newly Inserted on Mar. 22, 2013]
| Article 22 (Natural Reserve Area) |
| (1) | The Minister of Environment shall, regarding a natural reserve area, formulate a comprehensive plan or policy for the conservation of the ecosystem and sustainable use of the natural environment after consultation with the head of the competent central administrative agency and the relevant Mayor/Do Governor. |
| (2) | The provisions of Articles 15 (1), (2) and (5), 16, and 17 shall apply mutatis mutandis to the restriction of acts, orders of suspension, etc. in the natural reserve area: Provided, That this shall not apply to projects for peaceful use performed in the Demilitarized Zone (DMZ) in accordance with an agreement between South and North Korea, and projects relating to unification policies implemented by the Minister of Unification after consultation with the Minister of Environment. <Amended on May 26, 2020> |
| Article 23 (Designation and Conservation of City/Do Ecological and Scenery Conservation Areas) |
| (1) | The Mayor/Do Governor may designate and manage an area which is equivalent to the ecological and scenery conservation area and thus deemed necessary to conserve as a City/Do ecological and scenery conservation area. |
| (2) | The Minister of Environment may recommend that the Mayor/Do Governor designate and manage an area in need of conservation of natural ecology and natural scenery which represents the relevant area as a City/Do ecological and scenery conservation area. <Amended on May 26, 2020> |
| (3) | The provisions of Article 12 shall apply mutatis mutandis to designation standards, classification of boundaries, revocation of designations, etc. of City/Do ecological and scenery conservation areas. |
| Article 24 (Procedures for Designation of City/Do Ecological and Scenery Conservation Areas) |
| (1) | When the Mayor/Do Governor intends to designate or change a City/Do ecological and scenery conservation area, he or she shall, with a designation plan containing the contents of each subparagraph of Article 13 (1) along with a topographical map prescribed by Presidential Decree, undergo the deliberation of the City/Do Environmental Policy Committee (hereinafter referred to as "Local Environmental Policy Committee") referred to in Article 58 of the Framework Act on Environmental Policy through consultation with the head of a competent basin environmental management office or the head of a regional environmental office (hereinafter referred to as the "head of a local environmental management office"), and the head of a relevant administrative agency after collecting opinions of residents of the relevant area, interested persons and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply): Provided, That in cases of changing minor matters that have been laid down by City/Do ordinances, the Local Environmental Policy Committee may decide not to deliberate. <Amended on Feb. 4, 2010; Jul. 21, 2011; May 26, 2020> |
| (2) | The head of a relevant Si/Gun/Gu, head of a local environmental management office or head of a relevant administrative agency who has been requested to consider an opinion or consultation shall produce his or her opinion within 30 days from the date on which he or she receives such request, except in extenuating circumstances. <Amended on May 26, 2020> |
| (3) | When the Mayor/Do Governor designates or changes a City/Do ecological and scenery conservation area pursuant to paragraph (1), he or she shall publicize the location and size of the relevant area, date of designation, and other matters prescribed by ordinances of the relevant local government. <Amended on May 26, 2020> |
| Article 25 (Management Plan for City/Do Ecological and Scenery Conservation Area) |
The Mayor/Do Governor shall draft and implement a plan for management of City/Do ecological and scenery conservation area pursuant to ordinances laid down by the relevant local government in accordance with the provisions of Article 14. <Amended on May 26, 2020>
| Article 26 (Restriction of Acts in City/Do Ecological and Scenery Conservation Area) |
The Mayor/Do Governor may take measures necessary for the conservation and management of a City/Do ecological and scenery conservation area pursuant to ordinances laid down by the relevant local government in accordance with the provisions of Articles 15 through 17. <Amended on May 26, 2020>
| Article 27 (Conservation of Natural Scenery) |
| (1) | The head of a relevant central administrative agency and the head of a local government shall endeavor to prevent major elements of scenery, such as coastline with high scenic value, from being damaged, or views thereof from being obstructed. |
| (2) | The head of a local government shall, when executing various projects as prescribed by municipal ordinances, take necessary measures to conserve natural scenery. <Amended on May 26, 2020> |
| (3) | The Minister of Environment may set up guidelines necessary for conservation of natural scenery and notify the head of the relevant administrative agency and head of the local government. |
| Article 28 (Consultation on Impact on Natural Scenery) |
| (1) | When the head of a relevant administrative agency or the head of a local government intends to grant authorization, permission, etc. of plans subject to strategic environmental impact assessment referred to in Article 9 of the Environmental Impact Assessment Act, projects subject to environmental impact assessment referred to in Article 22 of that Act, or projects subject to small-scale environmental impact assessment referred to in Article 43 of that Act among the development projects, etc. prescribed in the following subparagraphs, he or she shall include impacts on the natural scenery by a relevant development project, etc., conservation plans, etc. in the details of consultations on strategic environmental impact assessment, environmental impact assessment, or small-scale environmental impact assessment, and consult with the Minister of Environment or the head of a local environmental management office: <Amended on Mar. 28, 2008; Jul. 21, 2011; 2020. 5. 26> |
| 1. | A development project, etc. in an area within the distance prescribed by Presidential Decree from any of the following areas: |
| (c) | An ecological and scenery conservation area; |
| 2. | A development project, etc. other than projects referred to in subparagraph 1 prescribed by Presidential Decree as determined to have a substantial impact on the natural environment. |
| (2) | Where the Minister of Environment or the head of a local environmental management office receives a request for consultation pursuant to paragraph (1), the Minister of Environment shall undergo deliberation of the Central Environmental Policy Committee, and the head of a local environmental management office shall undergo deliberation of the Natural Scenery Deliberation Committee established under Article 29 regarding impacts on the natural scenery by the relevant development project, etc., conservation plans, etc. <Amended on Feb. 4, 2010; 2020. 5. 26> |
| (3) | When the head of a local government intends to authorize, permit, etc. a development project, etc. which is not subject to consultations on environmental impact assessment or small-scale environmental impact assessment, or other development projects, etc. prescribed by ordinances of the local government as determined to have a substantial impact on the natural environment, from among the development project, etc. of each subparagraph of paragraph (1), he or she shall abide by the examination standards regarding natural scenery laid down by Ordinance of the Ministry of Environment: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as cases of undergoing deliberation of the local urban planning committee referred to in Article 59 of the National Land Planning and Utilization Act. <Amended on Jul. 21, 2011; May 26, 2020> |
| Article 29 (Organization and Operation of Natural Scenery Deliberation Committee) |
| (1) | A natural scenery deliberation committee shall be established under the jurisdiction of the head of a local environmental management office to examine and deliberate professionally and efficiently where he or she receives a request for consultation pursuant to Article 28. <Amended on May 26, 2020> |
| (2) | Matters necessary for organization, operation, etc. of the natural scenery deliberation committee pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
CHAPTER III CONSERVATION OF BIOLOGICAL DIVERSITY
| Article 30 (Survey on Natural Environment) |
| (1) | The Minister of Environment shall survey the natural environment of the nation every five years in cooperation with the head of a relevant central administrative agency. <Amended on Mar. 22, 2013> |
| (2) | The Minister of Environment may survey the natural environment every two years in cooperation with the head of a relevant central administrative agency regarding areas which are classified as a first grade zone on ecological and natural maps and areas changes in the natural surroundings of which are deemed requiring special observation. <Amended on Mar. 22, 2013> |
| (3) | The head of a local government may survey the natural environment of an area under his or her jurisdiction, as laid down by ordinance of the relevant local government. <Amended on May 26, 2020> |
| (4) | The head of a local government shall report survey plans and survey findings to the Minister of Environment when he or she surveys the natural environment pursuant to paragraph (3). <Amended on May 26, 2020> |
| (5) | The details and methods of survey referred to in paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 31 (In-depth Survey and Observation of Changes in Ecosystem) |
| (1) | The Minister of Environment shall formulate and execute a plan for in-depth survey of the relevant ecosystem, where he or she deems it necessary to manage after a special survey on the ecosystem which has been newly ascertained by findings of surveys pursuant to the provisions of Article 30. <Amended on May 26, 2020> |
| (2) | The Minister of Environment may make a supplementary survey of an area where changes in the ecosystem are conspicuous due to natural or artificial causes, from among the areas that have undergone investigation pursuant to the provisions of Article 30. <Amended on May 26, 2020> |
| (3) | The Minister of Environment shall continuously observe changes in the ecosystem due to natural or artificial causes. |
| (4) | The head of a local government may perform surveys and observations pursuant to the provisions of paragraphs (1) through (3) into the area under his or her jurisdiction as prescribed by ordinances of the relevant local government. <Amended on May 26, 2020> |
| (5) | Matters necessary for survey and observation pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| Article 32 (Natural Environment Surveyor) |
| (1) | The Minister of Environment or the head of a local government may, if necessary for performing a survey of the natural environment pursuant to the provisions of Article 30, an in-depth survey and supplementary survey pursuant to the provisions of Article 31 or other surveys of the natural environment, employ natural environment surveyors during the survey period (hereinafter referred to as an "surveyor"). <Amended on May 26, 2020> |
| (5) | The details and methods of investigation referred to in paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 33 (Entry into Lands Owned by Other Persons) |
| (1) | The Minister of Environment or the head of a local government may order a public official or surveyor under his or her control to enter another person's land, or to change or remove trees, soil, stones, or other obstacles, if necessary for conducting a survey of the natural environment pursuant to Article 30 or a an in-depth survey and supplementary survey pursuant to the provisions of Article 31. <Amended on May 26, 2020> |
| (2) | Anyone who intends to enter another person's land pursuant to the provisions of paragraph (1) shall notify the owner, occupant, or manager of the land not later than three days prior to the date of entry. <Amended on May 26, 2020> |
| (3) | Anyone who intends to change or remove obstacles pursuant to the provisions of paragraph (1) shall obtain the consent of the owner, occupant, or manager thereof: Provided, That where the owner, occupant, or manager is not at the site, or if his or her address is not known, notification of change or removal shall be made on the bulletin board of the Eup/Myeon/Dong that has jurisdiction over the relevant area or shall be published in the daily newspaper. In such cases, consent shall be deemed to have been obtained when 14 days have passed since the date of such notification or publication. <Amended on May 26, 2020> |
| (4) | The owner, occupant, or manager of land shall not refuse, obstruct, or evade the survey pursuant to the provisions of paragraph (1) insofar as there are no reasonable grounds. <Amended on May 26, 2020> |
| (5) | Anyone who intends to enter another person's land pursuant to the provisions of paragraph (1) shall carry identification showing his or her authority as prescribed by Ordinance of the Ministry of Environment and present it to interested persons <Amended on May 26, 2020> |
| Article 34 (Drafting and Utilization of Ecological and Natural Maps) |
| (1) | For the purpose of use in the formulation and implementation of various development plans, the Minister of Environment shall draft an ecological and natural map of the natural environment of the nation in accordance with the following classifications on the basis of findings of the surveys referred to in Articles 30 and 31: <Amended on Jul. 28, 2011; May 26, 2020> |
| 1. | First grade zone: An area falling under the following: |
| (a) | An area which becomes a major habitat, place of visitation and major ecological axis, or ecological corridor for endangered wildlife referred to in subparagraph 2 of Article 2 of the Wildlife Protection and Management Act (hereinafter referred to as "endangered wildlife"); |
| (b) | An area where the ecosystem is particularly excellent or scenery is especially spectacular; |
| (c) | An ecosystem area which is located on the boundary of geographical distribution of living things, or area which represents the types of major vegetation; |
| (d) | An area where biological diversity is particularly abundant, and where biological resources with high conservation value are distributed; |
| (e) | Other areas having ecological value corresponding to items (a) through (d) which meet standards prescribed by Presidential Decree; |
| 2. | Second grade zone: An area corresponding to those falling under the items of subparagraph 1 and worthy of conservation in the future, or an area outside a first grade zone and necessary to protect a first grade zone; |
| 3. | Third grade zone: An area other than one classified as a first grade zone, second grade zone, and separately managed zone, which is subject to development or utilization; |
| 4. | Separately managed zone: An area prescribed by Presidential Decree which has historical, cultural or scenic value, or is managed to conserve a green belt located in a city and for other reasons, from among areas conserved pursuant to the provisions of other statutes. |
| (2) | The Minister of Environment may draft an ecological and natural map by making detailed classification of the zones referred to in paragraph (1) 1 through 3 to efficiently utilize the map, as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (3) | Where the Minister of Environment drafts an ecological and natural map, he or she may request the head of a relevant central administrative agency or head of a local government for cooperation in providing with necessary data or specialized manpower. In such cases, unless it is inevitable to refuse due to military purposes, the head of the relevant central administrative agency or the head of the local government shall cooperate with the request for data, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (4) | The ecological and natural map shall be drawn in solid lines at a scale of at least 1/25,000. Other matters necessary for drawing ecological and natural maps, such as drawing standards of ecological and natural maps and drawing methods, and objects of utilization and methods of utilization of the ecological and natural map referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (5) | When the Minister of Environment drafts an ecological and natural map, he or she shall draw it up after making it available to public inspection for at least 14 days and release the ecological and natural map after notifying of the map the head of a relevant central administrative agency and the head of a local government. |
| (6) | Deleted. <Nov. 28, 2017> |
| Article 34-2 (Drafting and Utilization of Urban Ecological Maps) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si (referring to the head of a Si under Article 2 (1) 2 of the Local Autonomy Act; hereafter the same shall apply in this Article) shall draft a detailed ecological and natural map of an urban area under his or her jurisdiction (hereinafter referred to as "urban ecological map") on the basis of the ecological and natural map drawn up by the Minister of Environment, and redrafts it every five years reflecting the changes in urban environment. In such cases, the urban ecological map shall be drawn on a map the scale of which is at least 1 to 5,000. |
| (2) | To prepare an urban ecological map, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si (hereinafter referred to as "head of a local government that drafts an urban ecological map") may request the heads of relevant administrative agencies to provide necessary data. |
| (3) | The head of a relevant administrative agency in receipt of a request under paragraph (2) shall comply therewith except in extenuating circumstances. |
| (4) | The head of a local government that drafts an urban ecological map shall submit the urban ecological map to the Minister of Environment. |
| (5) | The Minister of Environment or a Do Governor may provide a subsidy to the head of a local government that drafts an urban ecological map to cover part of the expenses incurred in drafting it. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for drafting and utilizing urban ecological maps shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 35 (Measures for Conservation of Ecosystems and International Cooperation) |
| (1) | The Government shall formulate and implement measures for conservation and sustainable utilization of biological diversity and biological resources, proper management of biological resources, and implementation of the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, etc. (hereinafter referred to as the "Convention on Biological Diversity, etc.") to which the State is a signatory: <Amended on Feb. 1, 2012> |
| 1. | Deleted; <Feb. 1, 2012> |
| 2. | Deleted; <Feb. 1, 2012> |
| 3. | Deleted; <Feb. 1, 2012> |
| 4. | Deleted; <Feb. 1, 2012> |
| 5. | Deleted; <Feb. 1, 2012> |
| 6. | Deleted. <Feb. 1, 2012> |
| (2) | The Government shall endeavor to exchange technology, information, etc. to conserve the natural environment in cooperation with international organizations and foreign governments related to the Convention on Biological Diversity, etc. <Amended on Feb. 1, 2012> |
[Title Amended on Feb. 1, 2012]
| Article 36 (Research and Technology Development Regarding Ecosystems) |
| (1) | The Government shall carry out research and technology development with regard to survey of the natural environment, research on the structure, function and restoration of ecosystems, and changes in, and adaptation to, ecosystems caused by climate change, etc. <Amended on Jul. 28, 2011; Feb. 1, 2012> |
| (2) | The Government shall conduct surveys of changes in, and adaptation to, ecosystems following climate change, management cases, an ecosystem, etc. vulnerable to climate change, etc. <Amended on Feb. 1, 2012> |
| (3) | Deleted. <Feb. 1, 2012> |
| (4) | Objects and methods of survey referred to in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
[Title Amended on Feb. 1, 2012]
| Article 37 Deleted. <Feb. 1, 2012> |
CHAPTER IV MANAGEMENT OF NATURAL ASSET
| Article 38 (Installation and Operation of Facilities for Conservation and Use of Natural Environment) |
| (1) | For the purposes of conservation and sound utilization of the natural environment, the head of a relevant central administrative agency and the head of a local government may install the following facilities: |
| 1. | Facilities for conservation or prevention of damage to the natural environment; |
| 2. | Facilities for restoration or recovery of a damaged natural environment; |
| 3. | Facilities for use or observation of the natural environment, including facilities for providing information on the conservation of the natural environment and wooden platforms for the observation of ecology; |
| 4. | Facilities for education, public relations, or management for conservation or use of the natural environment, such as a museum of nature conservation and a nature study institute; |
| 5. | Other facilities for conservation of natural assets. |
| (2) | Where the head of a relevant central administrative agency or the head of a local government intends to install or operate facilities for conservation and use of the natural environment pursuant to the provisions of paragraph (1), he or she shall formulate installation plans and notify them publicly as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (3) | The head of a relevant central administrative agency and the head of a local government may collect fees from those who use the facilities for conservation and use of the natural environment which have been installed pursuant to the provisions of paragraph (1), in consideration of the costs of maintenance, management, etc.: Provided, That any park area designated by the Natural Parks Act shall be governed by the provisions of the Natural Parks Act. <Amended on May 26, 2020> |
| (4) | Necessary matters relating to the amount of fees, collection procedures thereof, and exemption therefrom pursuant to the provisions of paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| Article 39 (Designation and Management of Natural Resting Area) |
| (1) | The head of a local government may designate as natural resting areas an appropriate area which is of high ecological, scenic value, etc. and is suitable for survey of nature, ecological education, etc. from among areas which are not designated by other statutes as parks, tourist facility complexes, natural recreation forests, etc. in accordance with Presidential Decree. In such cases, the opinion of the owner, etc. of private land shall be heard before such private land is designated as a natural resting area. <Amended on May 26, 2020> |
| (2) | For the purpose of efficient management of natural resting areas designated pursuant to the provisions of paragraph (1), the head of a local government may collect fees from those who use natural resting areas as prescribed by municipal ordinances in consideration of the costs of maintenance, management, etc.: Provided, That this shall not apply where these have been designated by other statutes as parks, tourist facility complex, natural recreation forests, etc. after they have been designated as natural resting areas. <Amended on May 26, 2020> |
| (3) | Management of natural resting areas pursuant to the provisions of paragraph (1) and other necessary matters shall be prescribed by ordinances of the relevant local government. <Amended on May 26, 2020> |
| Article 40 (Prevention of Damage to Nature Used by General Public) |
In the following cases, the head of a local government may restrict the lumbering of growing trees, change of form and quality of land, or access, cooking and camping in order to prevent damage to areas of ecological or scenic value, etc. as prescribed by ordinances of the relevant local government: <Amended on May 26, 2020>
| 1. | Where the value of a forest adjoining a place used by the general public, such as a beach, decreases substantially or is lost if it is damaged; |
| 2. | Where the scenic value decreases substantially if forests, large trees, etc. alongside a road or railroad are damaged; |
| 3. | Other cases that correspond to subparagraph 1 or 2 and satisfy the standards prescribed by Presidential Decree. |
| Article 41 (Promotion of Ecotourism) |
| (1) | The Minister of Environment may designate an area the environment of which has high conservation value and where it is possible to experience the importance of protecting the ecosystem and to provide education thereon in order to promote ecotourism, after consultation with the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Mar. 22, 2013> |
| (2) | The Minister of Environment may provide a local government exercising jurisdiction over an area designated pursuant to paragraph (1) (hereinafter referred to as "ecological tourism zone") with subsidies for all or some of the costs required for managing and operating the ecological tourism zone, within the budget. <Newly Inserted on Mar. 22, 2013> |
| (3) | The Minister of Environment may formulate and implement plans for the installation or management of facilities for education necessary for ecotourism, facilities for survey and discovery of resources of ecotourism, and facilities for sound use by people, in cooperation with the Minister of Culture, Sports and Tourism and the head of a relevant local government, or may recommend the head of the local government as such. <Amended on Feb. 29, 2008; Mar. 22, 2013> |
| Article 42 (Designation of Ecological Village) |
| (1) | The Minister of Environment or the head of a local government may designate any of the following villages as an ecological village: <Amended on May 26, 2020> |
| 1. | A village within an ecological and scenery conservation area; |
| 2. | A village that is outside the ecological and scenery conservation area, but has ecological functionality and beautiful natural scenery: Provided, That a village in a mountain village development district designated pursuant to Article 28 of the Framework Act on Forestry is excluded. |
| (2) | The Minister of Environment or the head of a local government shall preferentially devise and implement installation of facilities for the convenience of residents of the area, such as public facilities, and a plan for increasing resident income, if he or she has designated an ecological village pursuant to paragraph (1). <Amended on May 26, 2020> |
| (3) | Where the ecological functions, beautiful natural scenery, etc. of an ecological village designated pursuant to paragraph (1) have been significantly damaged due to urban development, etc., the Minister of Environment or the head of a relevant local government may revoke the designation of the ecological village. <Newly Inserted on Mar. 22, 2013> |
| (4) | Necessary matters for standards and procedures for designation, revocation, etc. of ecological villages referred to in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 22, 2013> |
| (5) | If the Minister of Environment or the head of a local government intends to revoke the designation pursuant to paragraph (3), he or she shall hold a hearing. <Newly Inserted on Mar. 22, 2013> |
| Article 43 (Enhancement of Ecological Soundness of Cities) |
| (1) | The State or a local government shall recover urban areas which have been damaged or neglected, or endeavor to prevent the following areas from being damaged in order to enhance the ecological soundness of a city: <Amended on Mar. 22, 2013> |
| 1. | An ecological and scenery conservation area referred to in Article 12; |
| 2. | A first grade zone on an ecological and natural map referred to in Article 34 (1) 1; |
| (2) | To promote conservation of the natural environment, enhancement, etc. of ecological soundness of a city, the Minister of Environment may recommend to the head of a relevant administrative agency and the head of a local government guidelines and evaluation indexes on conservation of the natural environment and ecological soundness, such as establishing an ecological axis, conserving biological diversity, conserving natural scenery, securing a wind passage, and restoring ecology, in consultation with the head of a relevant central administrative agency. <Amended on Mar. 22, 2013> |
| (3) | The Minister of Environment may recommend the development and utilization of technology that enables less consumption of water and energy or less generation of waste possible, or ecological technology that enhances biological diversity, the improvement of systems for these, and other matters to the head of a relevant central administrative agency or the head of a local government. <Amended on Nov. 28, 2017> |
| (4) | For the purpose of improvement, etc. of biological diversity of a city, the Minister of Environment may request that the head of the competent central administrative agency or the head of a local government create green areas, sub-ecosystems, etc. |
| (5) | When the head of a relevant central administrative agency or the head of a local government has received a recommendation or request from the Minister of Environment referred to in paragraphs (2) through (4), he or she shall endeavor to have the relevant matter accepted. <Amended on May 26, 2020> |
| Article 43-2 (Urban Ecology Restoration Projects) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may execute a project to restore urban ecology in any of the following areas where the restoration is deemed particularly necessary to maintain the continuity of ecosystems or to improve ecosystem functions. In such cases, if the area for an urban ecology restoration project extends over two or more local governments, the heads of local governments having jurisdiction over such areas may jointly execute the urban ecology restoration project: |
| 1. | An area where an urban ecological axis is disconnected or damaged and needs to be connected or restored; |
| 2. | An area where the natural environment inside a city is damaged and needs to be urgently restored; |
| 3. | An area where the ecological area (referring to the area of soil with ecological functions or the natural circulation function) inside a city needs to be secured due to the artificial development of the city, such as the construction of buildings and the pavement of land; |
| 4. | Any other area designated by Ordinance of the Ministry of Environment. |
| (2) | Where a Mayor/Do Governor executes an urban ecology restoration project pursuant to paragraph (1), he or she shall hear the opinion of the head of the competent Si/Gun/Gu. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu executes an urban ecology restoration project pursuant to paragraph (1), he or she shall formulate a plan for the urban ecology restoration project including the following matters: |
| 1. | Name, location and area of the urban ecology restoration project; |
| 2. | Purpose of the urban ecology restoration project; |
| 3. | Details and period of the urban ecology restoration project; |
| 4. | Effect of the urban ecology restoration project; |
| 5. | Financing plan for the urban ecology restoration project; |
| 6. | Plan for the maintenance and management of the urban ecology restoration project. |
| (4) | The Government or a Mayor/Do Governor may subsidize part of the project cost of the urban ecology restoration project referred to in paragraph (1) within the budget according to the following distinction: |
| 1. | Where a Mayor/Do Governor executes an urban ecology restoration project: The Government; |
| 2. | Where the head of a Si/Gun/Gu executes an urban ecology restoration project: The Government or the Mayor/Do Governor. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for urban ecology restoration projects shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 44 Deleted. <Jan. 5, 2021> |
| Article 45 (Installation of Ecological Corridors) |
| (1) | In conducting, authorizing or permitting a development project, etc., the State or a local government shall take necessary measures, such as the installation of an ecological corridor, or have such actions to be taken, in order not to sever the mobility of wildlife and ecological continuity. <Amended on Mar. 22, 2013; May 26, 2020> |
| (2) | The State or a local government shall conduct surveys of and research on areas where the mobility of wildlife and ecological continuity are severed, and formulate and implement ecological corridor installation plans for areas which require ecological corridors. In such cases, it may request the management entity of a road, railway, etc. located in an area requiring an ecological corridor to install an ecological corridor, and the person who has received such request shall install an ecological corridor, except in extenuating circumstances. <Amended on Mar. 22, 2013> |
| (3) | A person who intends to install an ecological corridor pursuant to paragraphs (1) and (2) shall conduct the following surveys: <Amended on Mar. 22, 2013> |
| 1. | Species of wildlife which inhabit the relevant area; |
| 2. | Species of wildlife the habitats of which are likely to be severed due to the implementation of a development project, etc.; |
| 3. | Species of wildlife against which an accident, such as car accidents, is highly likely to occur; |
| 4. | Investigations into connection with a major ecological axis, such as Baekdudaegan referred to in subparagraph 1 of Article 2 of the Baekdudaegan Protection Act. |
| (4) | Areas subject to the installation of ecological corridors referred to in paragraph (1), standards for the installation of ecological corridors, etc. according to the characteristics of wildlife, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 28, 2011; Oct. 16, 2018; May 26, 2020> |
| Article 45-2 (Surveys of Ecological Corridors) |
| (1) | A person who is installing or managing an ecological corridor pursuant to Article 45 (1) or (2) (hereinafter referred to as "installer or manager of an ecological corridor") shall conduct surveys in accordance with the cycle and method prescribed by Ordinance of the Ministry of Environment so that an ecological corridor can be utilized in an appropriate manner. |
| (2) | The Minister of Environment may request an installer or manager of an ecological corridor to submit materials related to the following matters. In such cases, the installer or manager of an ecological corridor shall submit the requested materials, except in extenuating circumstances: |
| 1. | The current state of installation and management of an ecological corridor; |
| 2. | Results of survey referred to in paragraph (1). |
| (3) | The Minister of Environment shall evaluate the materials referred to in paragraph (2) in accordance with the criteria prescribed by Ordinance of the Ministry of Environment, and if the ecological corridor is deemed functioning improperly, he or she may request the installer or manager of an ecological corridor to take actions to improve it. In such cases, the installer or manager of an ecological corridor shall take requested actions to improve the corridor, except in extenuating circumstances. |
[This Article Newly Inserted on Mar. 22, 2013]
CHAPTER IV-2 NATURAL ENVRIONMENT RESTORATION PROJECTS
| Article 45-3 (Implementation of Natural Environment Restoration Projects) |
| (1) | The Minister of Environment shall prepare a list of candidate areas in need of restoration of natural environment (hereinafter referred to as "candidate list") by evaluating priorities, in accordance with the standards such as ecological value of a damaged area and necessity of restoration based on the findings of the following survey or observations: |
| 1. | Survey of natural environment under Article 30; |
| 2. | In-depth and supplementary surveys and observation under Article 31; |
| 3. | Ecological survey relating to climate change under Article 36 (2); |
| 5. | Other surveys of the natural environment prescribed by Presidential Decree. |
| (2) | The Minister of Environment may implement a natural environment restoration project in areas included in the candidate list. In such cases, the Minister of Environment shall have a prior consultation with the head of the relevant administrative agency on the redundancy with other projects, etc. |
| (3) | The Minister of Environment may recommend that any of the following persons (hereinafter referred to as "implementers of natural environment restoration projects") take measures necessary for the implementation of natural environment restoration projects in areas included in the candidate list, and may subsidize expenses necessary for the implementation of such recommendation within the budget: |
| 1. | The Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the relevant area; |
| 2. | The head of the competent administrative agency having the management authority over the relevant area under relevant statutes or regulations. |
| 3. | A public organization, institution, or private person that is holding or delegated or entrusted with the management authority over the relevant area pursuant to related statutes and regulations or municipal ordinances and rules. |
| (4) | Matters necessary for the standards for the evaluation of priorities and preparation of the candidate list under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 45-4 (Formulation of Natural Environment Restoration Project Plan) |
| (1) | The Minister of Environment and the implementer of a natural environment restoration project who intend to take measures necessary for the implementation of natural environment restoration projects according to the recommendation under Article 45-3 (3) shall formulate a plan for implementation of natural environment restoration projects (hereinafter referred to as "plan for natural environment restoration projects"). |
| (2) | A plan for natural environment restoration projects shall include the following: |
| 1. | The necessity and goals of the projects; |
| 2. | Analysis of the location and current status of the prospective project areas, the project period, and the total project cost; |
| 3. | Key methods to be used and a plan for utilization of professional human resources; |
| 4. | Plan for the inspection, assessment, and maintenance and management of the projects; |
| 5. | Other matters necessary for the implementation of natural environment restoration projects. |
| (3) | Where the implementer of a natural environment restoration project formulates a plan for natural environment restoration projects, he or she shall obtain approval from the Minister of Environment. The same shall also apply to cases where he or she intends to modify any approved important matters prescribed by Ordinance of the Ministry of Environment. |
| (4) | When the Minister of Environment examines the plan for a natural environment restoration project, he or she may hear the opinions of related experts or request the implementer of the natural environment restoration project to submit relevant data where necessary. |
| (5) | Where the Minister of Environment approves a plan for a natural environment restoration project or approves modification thereof pursuant to paragraph (3), he or she shall give public notice of the details thereof in the Official Gazette. |
| (6) | The Minister of Environment and an implementer of a natural environment restoration project shall implement the natural environment restoration project according to the plan for the natural environment restoration project, and if the implementer of the natural environment restoration project fails to implement the natural environment restoration project according to the plan for the natural environment restoration project approved under paragraph (3), the Minister of Environment may recover all or part of the expenses subsidized pursuant to Article 45-3 (3). |
| (7) | Matters necessary for the formulation of a plan for natural environment restoration projects pursuant to paragraph (1), approval and approval for modification by the Minister of Environment under paragraph (3), recovery of expenses under paragraph (6), and others shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 45-5 (Reporting and Evaluation of Results of Implementation of Natural Environment Restoration Projects) |
| (1) | The implementer of a natural environment restoration project shall regularly report the results of implementation of a natural environment restoration project according to the plan for natural environment restoration projects to the Minister of Environment. |
| (2) | The Minister of Environment may evaluate the results of implementation of the project reported pursuant to paragraph (1) and subsidize expenses incurred in implementing the natural environment restoration project on a differential basis according to the evaluation results. |
| (3) | The Minister of Environment may request a relevant specialized institution to conduct surveys, analysis, etc. necessary for efficiently conducting the evaluation under paragraph (2). |
| (4) | Matters necessary for reporting on the results of implementation of the project under paragraph (1), and the standards, methods, procedures for evaluating the results of implementation of the project, and subsidization of expenses on a differential basis under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 45-6 (Maintenance and Management of Natural Environment Restoration Projects) |
| (1) | After completing a natural environment restoration project, the Minister of Environment and the implementer of the natural environment restoration project shall continuously inspect the degree of achievement of the goals of restoration and reflect the inspection results in the process of maintaining and managing the restored natural environment. |
| (2) | Notwithstanding paragraph (1), if deemed necessary as a result of a regular inspection of the natural environment restoration projects prescribed by Presidential Decree, the Minister of Environment may recommend that the implementer of the natural environment restoration project reflect the inspection results in maintaining and managing the restored natural environment. |
| (3) | The Minister of Environment may request a relevant specialized institution to conduct an inspection and analysis of the inspection results, etc. as necessary for issuing recommendation under paragraph (2). |
| (4) | Matters necessary for the maintenance and management of the restored natural environment, such as the details of, methods and procedures, etc. for the inspection and recommendation under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER V ECOSYSTEM CONSERVATION CHARGE
| Article 46 (Ecosystem Conservation Charge) |
| (1) | With the aim of inducing development into an area with low ecological value and minimizing damage to the natural environment or the ecosystem, the Minister of Environment shall levy and collect the ecosystem conservation charge from a business entity engaged in the business that leads to a substantial impact on the natural environment or ecosystem or a decrease in biological diversity. <Amended on Jan. 5, 2021> |
| (2) | Business subject to imposition of ecosystem conservation charge referred to in paragraph (1) shall be as prescribed in the following subparagraphs: Provided, That the natural environment conservation projects referred to in the main clause of Article 50 (1) and the projects subject to imposition of the marine ecosystem conservation cooperation charge referred to in Article 49 (2) of the Conservation and Management of Marine Ecosystems Act shall be excluded: <Amended on Oct. 4, 2006; Apr. 11, 2007; May 17, 2007; Mar. 28, 2008; Jan. 27, 2010; Jul. 21, 2011; Mar. 22, 2013; Nov. 28, 2017; May 26, 2020; Jan. 5, 2021> |
| 3. | Opencut exploration or mining business the scale of which is larger than that prescribed by Presidential Decree among mining projects referred to in subparagraph 2 of Article 3 of the Mining Industry Act; |
| 5. | Other projects prescribed by Presidential Decree among the projects which have an substantial impact on ecosystems or utilize natural property. |
| (3) | The ecosystem conservation charge referred to in paragraph (1) shall be calculated and levied by multiplying the damaged area of ecosystem by the amount levied per unit area and the regional coefficient: Provided, That the ecosystem conservation charge may be reduced or exempted for the projects prescribed by Presidential Decree that are aimed at conserving and restoring the ecosystem or ensuring national defense. <Amended on Mar. 22, 2013; Nov. 28, 2017; Jan. 5, 2021> |
| (4) | The ecosystem conservation charge referred to in paragraph (1) and the additional dues referred to in Article 48 (1) shall be treated as revenue for the special account for environmental improvement referred to in the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; May 26, 2020; Jan. 5, 2021> |
| (5) | Where the Minister of Environment delegates his or her authority on the collection of the ecosystem conservation charge or additional dues to a relevant Mayor/Do Governor pursuant to Article 61 (1), the Minister of Environment may hand over an amount prescribed by Presidential Decree from the collected ecosystem conservation charges and additional dues to the Mayor/Do Governor having jurisdiction over the relevant project area. In such cases, the Mayor/Do Governor may use some of the grants to cover the expenses of imposing and collecting the ecosystem conservation charge, as prescribed by Presidential Decree. <Amended on May 26, 2020; Jan. 5 2021> |
| (6) | Procedures for collection, standards for reduction and exemption, amounts levied per unit area, regional coefficients, and payment methods, of the ecosystem conservation charge referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. In such cases, the amount imposed per unit area shall be calculated based on the value of damaged ecosystem, and the regional coefficient shall be based on the zone and area in an ecological and natural map referred to in Article 34 (1) and the use of land referred to in the National Land Planning and Utilization Act. <Amended on Oct. 4, 2006; Nov. 28, 2017; Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
| Article 47 (Notification of Authorization or Permission of Project) |
| (1) | The head of an administrative agency who has authorized or permitted a project subject to levy of the ecosystem conservation charge under Article 46 (2) shall notify the Minister of Environment of details of authorization and permission prescribed by Presidential Decree, such as the business entity, and the details and scale of the project within 20 days from the date of authorization and permission. <Amended on May 26, 2020; Jan. 5, 2021> |
| (2) | The Minister of Environment shall inform the business entity of matters relating to an amount of levy, deadline for payment, etc. of the ecosystem conservation charge within one month from the date of receipt of notification under paragraph (1). <Amended on May 26, 2020; Jan. 5, 2021> |
| (3) | Details of the notification, methods to notify pursuant to paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| Article 48 (Compulsory Collection of Ecosystem Conservation Charge) |
| (1) | Where a person liable to pay the ecosystem conservation charge pursuant to Article 46 fails to pay such charge by the deadline for payment, the Minister of Environment shall urge the person to pay within a specified period of at least 30 days. In such cases, additional dues equivalent to 3/100 of the ecosystem conservation charge in arrears shall be imposed. <Amended on Mar. 22, 2013; May 26, 2020> |
| (2) | Where a person who is urged to pay pursuant to paragraph (1) fails to pay the ecosystem conservation charge and additional dues within the set period, such amount may be collected in the same manner as delinquent national taxes. <Amended on May 26, 2020; Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
| Article 48-2 (Disposition of Deficits) |
| (1) | Where a person who is delinquent in payment of the ecosystem conservation charge falls under any of the following, the Minister of Environment may impose a disposition of deficits: |
| 1. | If delinquency disposition is imposed and the distributions appropriated for the amount in arrears are smaller than the actual amount in arrears; |
| 2. | If extinctive prescription for the relevant claim for the ecosystem conservation charge is completed; |
| 3. | If the assumed value of total property subject to delinquency disposition is not likely to have residual value after being appropriated for disposition fees for arrears; |
| 4. | If it is infeasible to collect the amount in arrears, because it is ascertained that the whereabouts of the person who becomes delinquent in payment of the ecosystem conservation charge are unknown or he or she has no assets; |
| 5. | If it is verified that there will be no residual value after the total assets subject to delinquency disposition are appropriated for repaying bonds, etc., secured with national tax, local tax, a right to lease on a deposit basis, pledge or mortgage, etc.; |
| (2) | If the Minister of Environment discovers any other seizable assets after imposing the disposition of deficits under paragraph (1), the Minister shall revoke such disposition without delay and impose delinquency disposition: Provided, That the same shall not apply to cases falling under paragraph (1) 2. |
[This Article Newly Inserted on Apr. 13, 2021]
| Article 49 (Purpose of Use of Ecosystem Conservation Charge) |
| (1) | The ecosystem conservation charge and the grants issued pursuant to Article 46 (5) shall be used for the following purposes: Provided, That the ecosystem conservation charges raised from mining defined in subparagraph 2 of Article 3 of the Mining Industry Act, which are conducted on the forests and mountainous areas, shall be used for the ecosystem restoration projects in the damaged forests and mountainous areas: <Amended on Oct. 4, 2006; Apr. 11, 2007; Jul. 28, 2011; Feb. 1, 2012; Mar. 22, 2013; Dec. 10, 2019; May 26, 2020; Jan. 5, 2021> |
| 1. | Projects to conserve or restore the ecosystems and biological species; |
| 1-2. | Natural environment restoration projects; |
| 2. | Deleted; <Jan. 5, 2021> |
| 3. | Deleted; <Jan. 5, 2021> |
| 4. | Securing of land, etc. for the conservation of ecosystem referred to in Article 18; |
| 5. | Procurement of land, etc. in ecological and scenery conservation areas referred to in Article 19; |
| 6. | Deleted; <Jan. 5, 2021> |
| 7. | Deleted; <Jan. 5, 2021> |
| 8. | Deleted; <Jan. 5, 2021> |
| 9. | Installation and operation of the facilities for the conservation and use of the natural environment referred to in Article 38; |
| 10. | Deleted; <Jan. 5, 2021> |
| 11. | Projects for installation of ecological corridors referred to in Article 45; |
| 12. | Survey, maintenance, and management of a project for which the ecosystem conservation charge is refunded pursuant to the main clause of Article 50 (1); |
| 13. | Conservation and management of biosphere reserves selected by UNESCO; |
| 14. | Other projects necessary to conserve the natural environment, etc., which are prescribed by Presidential Decree. |
| (2) | Where the grants issued to a Mayor/Do Governor pursuant to Article 46 (5) are used for any purpose other than that prescribed in the subparagraphs of paragraph (1), the Minister of Environment may issue grants after recovering or reducing the used amount: Provided, That cases where the grants are used as expenses of imposing and collecting the ecosystem conservation charges pursuant to the latter part of Article 46 (5) shall be excluded. <Newly Inserted on Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
| Article 50 (Return and Subsidization of Ecosystem Conservation Charge) |
| (1) | Where a person who has paid the ecosystem conservation charge, or a person who has obtained consent to the implementation of a natural environment conservation project and to the return of the ecosystem conservation charge from the person who has paid the ecosystem conservation charge (hereinafter referred to as "agent of a natural environment conservation project") implements a natural environment conservation project, such as creation of alternative nature and restoration of the ecosystem, which is prescribed by Presidential Decree, after obtaining approval from the Minister of Environment, the Minister of Environment may refund an amount prescribed by Presidential Decree from the ecosystem conservation charge that the person has paid: Provided, That the ecosystem conservation charge levied due to the projects implemented on the forests or mountainous areas under Article 46 (2) 3 may be provided to subsidize the damaged area restoration projects conducted on the forests or mountainous areas pursuant to other statutes within the range of the refunded amount or amount planned to be refunded. <Amended on May 17, 2007; Mar. 22, 2013; Nov. 28, 2017; May 26, 2020; Jan. 5, 2021> |
| (2) | Necessary matters relating to approval of the Minister of Environment, consent of the person who has paid the ecosystem conservation charge, qualifications for and extent of agent of a natural environment conservation project, and the refund and subsidization of the ecosystem conservation charge referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 17, 2007; May 26, 2020; Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 51 (Cooperation of Relevant Administrative Agencies) |
| (1) | Where the Minister of Environment acknowledges as necessary for fulfillment of the purposes of this Act, he or she may request the head of a relevant central administrative agency or head of a local government to prepare necessary policies or measures on the matters prescribed by Presidential Decree. In such cases, the head of the relevant central administrative agency or head of the local government shall comply therewith insofar as there are no particular issues. <Amended on May 26, 2020> |
| (2) | The Minister of Environment shall assess the value and function of biological diversity for conservation of the natural environment and sustainable utilization of nature, and have the head of a relevant central administrative agency and the head of a local government use the result outcome thereof. |
| Article 52 (Expropriation and Use of Land) |
| (1) | The State or a local government may, when deemed necessary for the installation of facilities for conservation and use of the natural environment pursuant to the provisions of Article 38, expropriate and use land, etc. necessary for the facilities for conservation and use of the natural environment. <Amended on May 26, 2020> |
| Article 53 (Compensation for Loss) |
| (1) | Anyone who suffers a loss of property because he or she is not able to continue, pursuant to the provisions of Article 15 (5), development project, farming activities, etc. which have already been in operation, or who has suffered loss of property pursuant to the provisions of Article 33 (1), may request the Minister of Environment or the head of a local government to make compensation for loss as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (2) | Where the Minister of Environment or the head of a local government is requested pursuant to the provisions of paragraph (1), he or she shall make a determination on the amount of compensation, etc. within three months after consultation with the applicant and notify the applicant of the amount. <Amended on May 26, 2020> |
| (3) | If an agreement pursuant to the provisions of paragraph (2) is not reached, the Minister of Environment, the head of the local government, or the applicant may apply for adjudication to the competent land tribunal as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 54 (Subsides from the National Treasury) |
| (1) | The State may subsidize all or some of the expenses incurred in conducting the following projects within the budget to relevant administrative agencies, local governments, or organizations related to natural protection, which execute the natural environment conservation projects: <Amended on Jan. 27, 2016; May 26, 2020; Jan. 5, 2021> |
| 1. | Projects for providing assistance to campaigns for protection of nature pursuant to the provisions of Article 5; |
| 2. | Projects for providing assistance to residents of ecological and scenery conservation areas, their adjoining areas and ecological villages pursuant to the provisions of Articles 20 and 42; |
| 3. | Projects for the installation of facilities for conservation and use of the natural environment pursuant to the provisions of Article 38; |
| 4. | Projects for the installation of ecological corridors pursuant to the provisions of Article 45; |
| 5. | Projects under the subparagraphs of Article 49 (1); |
| 6. | Other projects for conservation of the natural environment, which are prescribed by Presidential Decree. |
| (2) | Local governments may subsidize organizations related to the conservation of nature with the whole or part of expenses incurred in performing their activities and operation within the budget. <Newly Inserted on Jan. 27, 2016> |
[Title Amended on Jan. 27, 2016]
| Article 55 (Korean Association for Conservation of Nature) |
| (1) | The Korean Association for Conservation of Nature (hereinafter referred to as the "Association") shall be established in order to carry out the following projects for conservation of the natural environment: |
| 1. | Investigation into and research on the actual conditions and plans for conservation of the natural environment; |
| 2. | Conservation of biological diversity, such as restoration of damaged ecosystems or species and creation of sub-ecosystems; |
| 3. | Education and public relations on nature, such as production and publication, of videos on the conservation of the natural environment. |
| (2) | The Association shall be incorporated as a juristic person. |
| (3) | Funds needed for projects of the Association shall be raised from membership fees, earnings from projects, etc., and the State or a local government may subsidize some of the necessary expenses within the budget. |
| (4) | The provisions of the Civil Act on incorporated associations shall apply mutatis mutandis to matters regarding the Association that are not prescribed in this Act. |
| Article 55-2 (Ecotourism Association) |
| (1) | Ecotourism business entities, organizations related to ecotourism, and other persons engaged in business relating to ecotourism may establish an ecotourism association after obtaining permission from the Minister of Environment in order to carry out the following: |
| 1. | Survey of and research on areas and tour programs appropriate for ecotourism; |
| 2. | International cooperation business related to ecotourism; |
| 3. | Other projects necessary to nurture ecotourism. |
| (2) | An ecotourism association shall be a juristic person. |
| (3) | If deemed necessary to foster ecotourism, the State or a local government may subsidize some of the expenses necessary for an ecotourism association, within the budget. |
| (4) | Except as provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to an ecotourism association. |
[This Article Newly Inserted on Mar. 22, 2013]
| Article 56 (Marks Symbolizing Nature and Symbolic Species of Local Government) |
| (1) | The State may install marks symbolizing nature in an area requiring conservation of the natural environment, such as ecological and scenery conservation areas, according to the type of the area, and a local government may utilize the marks symbolizing nature after partial modification in consideration of the characteristics of the area under its jurisdiction. |
| (2) | Any local government may designate as its symbol species or symbol ecosystem species of wild fauna or flora, or an ecosystem which are of importance and represent the relevant area, and conserve and utilize them. <Amended on May 26, 2020> |
| Article 57 (Promotion of Private Associations for Conservation of Natural Environment) |
In order to conserve the natural environment, the Minister of Environment may foster private associations for conservation of the natural environment which carry out any of the following activities: <Amended on Jul. 28, 2011>
| 1. | Cooperation and exchange with international associations and organizations for conservation of the natural environment; |
| 2. | Protection of endangered wildlife; |
| 3. | Other conservation activities for the natural environment and natural resources. |
| Article 58 (Honorary Instructor of Conservation of Natural Environment) |
| (1) | For the purposes of instruction, education, etc. on the conservation of the natural environment, the Minister of Environment or the head of a local government may entrust members of private associations for conservation of the natural environment, or persons who are carrying out activities of conservation of the natural environment with sincerity or persons recommended by the Association as honorary instructors on conservation of the natural environment. |
| (2) | Certificates confirming identity shall be issued to honorary instructors on conservation of the natural environment as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (3) | Methods of entrustment of honorary instructor on conservation of the natural environment, the scope of their activities pursuant to the provisions of paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 59 (Natural Environment Interpreters) |
| (1) | The Minister of Environment or the head of a local government may employ and use, as natural environment interpreter, a person who has taken training courses determined by Ordinance of the Ministry of Environment at a training institution for natural environment interpreters that is designated under Article 59-2 (1) or may require such natural environment interpreter to be used. |
| (2) | Natural environment interpreters shall provide explanations, public relations, education, guidance on ecological research, etc. professionally to persons who use ecological and scenery conservation areas, wetland protection areas prescribed in the Wetlands Conservation Act, or natural parks, etc. prescribed in the Natural Parks Act to enhance their awareness or otherwise in relation to conserving the natural environment. |
| (3) | Natural environment interpreters employed pursuant to paragraph (1) shall receive refresher education at a training institution for natural environment interpreters that is designated under Article 59-2 (1). <Newly Inserted on Nov. 28, 2017> |
| (4) | The Minister of Environment or the head of a local government may subsidize expenses, etc. necessary for activities of natural environment interpreters within the budget. <Amended on Nov. 28, 2017> |
| (5) | The cycle, frequency, number of hours, methods, contents, etc. of refresher education under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 28, 2017> |
[This Article Wholly Amended on Jul. 28, 2011]
| Article 59-2 (Designation of Training Institutions for Natural Environment Interpreters) |
| (1) | The Minister of Environment may designate a training institution for natural environment interpreters (hereinafter referred to as "training institution") in order to nurture natural environment interpreters. |
| (2) | A person who intends to be designated as a training institution shall meet criteria for designation prescribed by Ordinance of the Ministry of Environment, such as facilities necessary for education and experts responsible for such education, and file an application for the designation to the Minister of Environment. |
| (3) | The term of validity of designation of a training institution shall be three years from the day the designation is obtained, and a person who intends to continuously perform the training service till after the expiration of the term of validity shall obtain the designation again before the expiration of the term of validity. <Newly Inserted on Nov. 28, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the designation, etc. of training institutions shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 28, 2017> |
[This Article Newly Inserted on Jul. 28, 2011]
| Article 59-3 (Revocation of Designation) |
| (1) | Where a training institution designated pursuant to Article 59-2 (1) falls under any of the following cases, the Minister of Environment may revoke the designation; Provided, That in cases under subparagraph 1, it shall revoke such designation: <Amended on Nov. 28, 2017> |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it comes to fail to meet the criteria referred to in Article 59-2 (2) and (4); |
| 3. | Where it has failed to perform the service of a training institution for at least one year without reasonable grounds; |
| 4. | Where it is unable to perform its service due to business closure, etc. |
| (2) | Where the Minister of Environment intends to revoke designation pursuant to paragraph (1), he or she shall hold a hearing. |
[This Article Newly Inserted on Jul. 28, 2011]
| Article 60 (Natural Environment Learning Garden) |
| (1) | For the purposes of revitalization of campaigns for protection of the nature pursuant to the provisions of Article 5 and enhancement, etc. of understanding of the importance of conservation of the natural environment, the Mayor/Do Governor may establish natural environment learning gardens that fulfill the functions of education, training, public relations, etc. on the natural environment under the control of the Mayor/Do Governor. <Amended on May 26, 2020> |
| (2) | Matters necessary for installation and operation of natural environment learning gardens shall be laid down by ordinances of a relevant local government. |
| Article 61 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may delegate part of his or her authority vested under this Act to the head of an agency under his or her control or the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Oct. 4, 2006; Mar. 22, 2013; May 26, 2020> |
| (2) | The Minister of Environment may entrust part of his or her affairs referred to in this Act to a relevant specialized institution, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 62 Deleted. <Oct. 4, 2006> |
CHAPTER VII PENALTY PROVISIONS
| Article 63 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 3, 2015; May 26, 2020>
| 1. | Anyone who damages natural ecology and natural scenery, in violation of the provisions of Article 15 (1) (including cases to which that provisions apply mutatis mutandis in accordance with Article 22 (2)) within the core area; |
| 2. | Anyone who damages natural ecology and natural scenery in violation of the provisions of Article 15 (1) 2 through 5 within the buffer area; |
| 3. | Anyone who violates an order of suspension, order of restoration to original state, or order of measures issued under the provisions of Article 17 (including cases to which that provisions apply mutatis mutandis in accordance with Article 22 (2)). |
| Article 64 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with prison labor for not more than two years, or by a fine not exceeding 20 million won: <Amended on Mar. 22, 2013; Feb. 3, 2015>
| 1. | A person who damages natural ecology or natural sceneries within a transition area, in violation of Article 15 (1); |
| 2. | A person who commits a prohibited act, in violation of subparagraph 1 of Article 16 (including cases to which that provisions apply mutatis mutandis in accordance with Article 22 (2)). |
| Article 65 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, employer, or other employee of a corporation or an individual commits any violation described in Article 63 or 64 in conducting the business affairs of the corporation or the individual, the corporation or the individual shall be punished by a respective fine prescribed in that Article in addition to the punishment of the violator: Provided, That the foregoing shall not apply where a corporation or an individual has not been negligent in paying due attention to and supervision of relevant business to prevent such violation. <Amended on Mar. 22, 2013; May 26, 2020>
| Article 66 (Administrative Fines) |
| (1) | Anyone who violates the measures of the Mayor/Do Governor referred to in Article 26 shall be punished by an administrative fine not exceeding 10 million won. <Amended on May 26, 2020> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Mar. 22, 2013; May 26, 2020> |
| 1. | A person who commits a prohibited act, in violation of subparagraphs 2 through 4 of Article 16 (including cases to which that provisions apply mutatis mutandis in accordance with Article 22 (2)); |
| 2. | A person who enters, in violation of Article 16-2, an ecological and scenery conservation area the access to which is limited or prohibited; |
| 3. | A person who refuses, obstructs or evades survey activities without reasonable grounds, in violation of Article 33 (4); |
| 4. | A person who violates the restriction on lumbering of growing trees, change of form and quality of land, or of access, cooking and camping referred to in Article 40. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment or the heads of local governments (hereinafter referred to as "imposing authority"), as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (4) | Deleted. <Nov. 28, 2017> |
| (5) | Deleted. <Nov. 28, 2017> |
| (6) | Deleted. <Nov. 28, 2017> |
ADDENDA <Act No. 7297, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Ecosystem Conservation Area)
| (1) | An ecosystem conservation area designated and announced by the Minister of Environment pursuant to the previous provisions at the time when this Act enters into force shall be deemed to have been designated and announced as a core ecological and scenery conservation area pursuant to the provisions of Articles 12 (2) and 13 (3). |
| (2) | A City/Do ecosystem conservation area designated and announced by the Mayor/Do Governor pursuant to the previous provisions at the time when this Act enters into force shall be deemed to have been designated and announced as a City/Do ecological and scenery conservation area pursuant to the provisions of Articles 23 (1) and 24 (3). |
Article 3 (Transitional Measures concerning Basic Plan of Management of Ecosystem Conservation Area)
Basic plans for management of ecosystem conservation areas formulated by the Minister of Environment pursuant to the previous provisions at the time when this Act enters into force shall be deemed to have been formulated as basic plans of management of ecological and scenery conservation areas pursuant to the provisions of Article 14. Article 4 (Transitional Measures concerning Period of Adjudication Application)
Periods of adjudication application for projects whose plans of installation of facilities for conservation and use of the natural environment were publicly notified pursuant to the previous provisions at the time this Act enters into force shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Korean Association for Conservation of Nature)
The Korean Association for Conservation of Nature pursuant to the previous provisions at the time when this Act enters into force shall bedeemed as the Korean Association for Conservation of the Natural Environment pursuant to the provisions of Article 55. Article 6 (Transitional Measures concerning Administrative Disposition)
Dispositions, other activities by administrative agencies or activities against administrative agencies pursuant to the previous provisions at the time when this Act enters into force shall be deemed to be activities by administrative agencies or activities against administrative agencies pursuant to the provisions of this Act which correspond thereto.
Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penal provisions and administrative fines against an act committed before this Act enters into force shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relationship with Other Statutes or Regulations)
Where provisions of this Act have been cited in other statutes or regulations when this Act enters into force, and when there are provisions corresponding thereto in this Act, the corresponding provisions of this Act shall be deemed to have been cited in place of the previous provisions.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
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. 8045, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8468, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Imposition of Cooperation Charge for Ecosystem Conservation on Development Project Subject to Advance Environmental Examination) The amended provisions of Article 46 (2) 3 shall apply beginning with the development project that requests consultation of advance environmental examination pursuant to the provisions of Article 25-3 of the Framework Act on Environmental Policy for the first time after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9982, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10032, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
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.
ADDENDUM <Act No. 10979, Jul. 28, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11257, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11671, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16-2, 65, and 66 (2) 2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Investigation of Natural Environment)
The amended provisions of Article 30 shall apply, starting from the first investigation of the natural environment conducted after this Act enters into force. Article 3 (Applicability to Imposition of Cooperation Charge for Ecosystem Conservation)
| (1) | The amended provisions of Article 46 (3) shall apply, starting from the first project for which authorization, permission, etc. is obtained or plans are formulated or confirmed (limited to projects not subject to authorization, permission, etc.) after this Act enters into force. |
| (2) | The amended provisions of Article 48 (1) shall apply, starting from the first Cooperation Charge for the Ecosystem Conservation which is not paid after this Act enters into force. |
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 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.
ADDENDUM <Act No. 13168, Feb. 3, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13885, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.
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 the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 15100, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 (2), 34 (6), 34-2, 43-2, 46 (3) and (6), 59 (3) and (5), and 59-2 (3) and (4) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Exclusion from Imposition of Cooperation Charge for the Ecosystem Conservation)
The amended provisions of the proviso to Article 46 (2) shall also apply to the natural environment conservation projects being executed after obtaining approval under the main clause of Article 50 (1) before this Act enters into force. Article 3 (Applicability to Reduction or Exemption of Cooperation Charge for Ecosystem Conservation)
The amended provisions of the proviso to Article 46 (3) shall apply, starting from the first project for which authorization, permission, etc. is obtained after the same amended provisions enter into force. Article 4 (Applicability to Revocation of Designation of Training Institutions)
The period of at least one year referred to in the amended provisions of Article 59-3 (1) 3 concerning the service period of a training institution designated before this Act enters into force shall be counted from the date on which it has failed to perform the service of a training institution after the same amended provisions enter into force. Article 5 (Transitional Measures concerning Drafting Urban Ecological Maps)
| (1) | The urban ecological maps drafted pursuant to the former provisions before the amended provisions of Article 34-2 enter into force shall be construed as urban ecological maps drafted pursuant to the same amended provisions. |
| (2) | The head of a local government that has not drafted an urban ecological map as at the time the amended provisions of Article 34-2 enter into force shall draft it pursuant to the amended provisions by no later than the date classified as follows: |
| 1. | The Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, and the Special Self-Governing Province: December 31, 2018; |
| (a) | A Si the population of which is at least 300 thousand persons: December 31, 2019; |
| (b) | Any other Si: December 31, 2021. |
| (3) | Notwithstanding the amended provisions of the former part of Article 34-2 (1), redrafting of an urban ecological map drafted pursuant to the former provisions before the amended provisions of Article 34-2 enter into force shall comply with the provisions classified as follows: |
| 1. | Where five years have lapsed from the date classified in the subparagraphs of paragraph (2) after drafting the urban ecological map: To be redrafted by no later than the date classified in the subparagraphs of paragraph (2); |
| 2. | Where five years have not lapsed from the date classified in the subparagraphs of paragraph (2) after drafting the urban ecological map: To be redrafted every five years counting from the date it was drawn. |
ADDENDUM <Act No. 15839, Oct. 16, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16806, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17846, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Ecosystem Conservation Charge)
The amended provisions of Article 46 (3) shall begin to apply to cases where the ecosystem conservation charge is imposed and collected after this Act enters into force. Article 3 (Transitional Measures concerning Cooperation Charge for Ecosystem Conservation)
The cooperation charge for ecosystem conservation imposed before this Act enters into force shall be deemed the ecosystem conservation charge under the amended provisions of Article 46. Article 4 (Relationship to Other Statutes or Regulations)
Where "cooperation charge for ecosystem conservation" is cited in other statutes or regulations as at the time this Act enters into force, "ecosystem conservation charge" under this Act shall be deemed cited.
ADDENDA <Act No. 18031, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Ecosystem Conservation Charge)
"Ecosystem conservation charge" in the amended provisions of Article 48-2 shall be construed as "cooperation charge for ecosystem conservation" until January 5, 2022.
ADDENDUM <Act No. 18910, Jun. 10, 2022>
This Act shall enter into force on the date of its promulgation.