CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent the extinction of wildlife by systematically protecting and managing wildlife and the habitats thereof, to maintain the ecosystem in equilibrium by promoting biodiversity, while at the same time ensuring a healthy natural environment in which wildlife coexists with human beings.
[This Article Wholly Amended on Jul. 28, 2011]
The terms used in this Act are defined as follows: <Amended on Feb. 1, 2012; Mar. 24, 2014>
1. | The term "wildlife" means species of animals, plants, fungi, lichens, protists, and prokaryotes that inhabit or grow in nature, such as around mountains, plains, or rivers; |
2. | The term "endangered wildlife" means any of the following species prescribed by Ordinance of the Ministry of Environment after consulting with the heads of relevant central administrative agencies: |
(a) | Class I endangered wildlife: Wildlife threatened with extinction as the population has decreased substantially due to natural or artificial threats, the species of which meet the standards prescribed by Presidential Decree; |
(b) | Class II endangered wildlife: Wildlife the population of which has decreased substantially due to natural or artificial threats and which are threatened with imminent extinction where present threats are not eliminated or alleviated, and the species of which meet the standards prescribed by Presidential Decree; |
(a) | Among endangered species, those affected or may be affected by international transactions, which are included in Appendix I of the Convention on International Trade in Endangered Species; |
(b) | Species not endangered at present but may be endangered, if the international transaction thereof is not strictly regulated, and other species that must be regulated to effectively control the transaction of the endangered species, which are included in Appendix II of the Convention on International Trade in Endangered Species; |
(c) | Species that are verified to be regulated in the jurisdiction of a party to the Convention on International Trade in Endangered Species with a purpose of restricting the use thereof by the party and are deemed in need of cooperation of other parties to regulate international transactions, which are included in Appendix III of the Convention on International Trade in Endangered Species; |
4. | Deleted; <Feb. 1, 2012> |
5. | The term "harmful wild animal" means wild animals that harm the life and property of people, the species of which are prescribed by Ordinance of the Ministry of Environment; |
6. | The term "artificial reproduction" means breeding, cultivating, or reproducing wildlife in a certain place or facility; |
8. | The term "wild animal disease" means a disease prescribed by Ordinance of the Ministry of Environment, the condition of which has caused abnormalities to a wild animal due to the infection by a pathogen or any other cause; |
9. | The term "diagnosis of a disease" means verifying whether a wild animal which is dead, or has a disease, or is suspected of having a disease, is infected with a disease, through an autopsy, clinical test, serum test, or other tests. |
[This Article Wholly Amended on Jul. 28, 2011]
The terms used in this Act are defined as follows: <Amended on Feb. 1, 2012; Mar. 24, 2014; May 18, 2021>
1. | The term "wildlife" means species of animals, plants, fungi, lichens, protists, and prokaryotes that inhabit or grow in nature, such as around mountains, plains, or rivers; |
2. | The term "endangered wildlife" means any of the following species prescribed by Ordinance of the Ministry of Environment after consulting with the heads of relevant central administrative agencies: |
(a) | Class I endangered wildlife: Wildlife threatened with extinction as the population has decreased substantially due to natural or artificial threats, the species of which meet the standards prescribed by Presidential Decree; |
(b) | Class II endangered wildlife: Wildlife the population of which has been decreasing substantially due to natural or artificial threats and which, if present threats are not eliminated or alleviated, is at the risk of imminent extinction, the species of which satisfy the standards prescribed by Presidential Decree; |
(a) | Among endangered species, those affected or may be affected by international transactions, which are included in Appendix I of the Convention on International Trade in Endangered Species; |
(b) | Species not endangered at present but may be endangered, if the international transaction thereof is not strictly regulated, and other species that must be regulated to effectively control the transaction of the endangered species, which are included in Appendix II of the Convention on International Trade in Endangered Species; |
(c) | Species that are verified to be regulated in the jurisdiction of a party to the Convention on International Trade in Endangered Species with a purpose of restricting the use thereof by the party and are deemed in need of cooperation of other parties to regulate international transactions, which are included in Appendix III of the Convention on International Trade in Endangered Species; |
4. | Deleted; <Feb. 1, 2012> |
5. | The term "harmful wild animal" means wild animals that harm the life and property of people, the species of which are prescribed by Ordinance of the Ministry of Environment; |
6. | The term "artificial reproduction" means breeding, cultivating, or reproducing wildlife in a certain place or facility; |
8. | The term "wild animal disease" means a disease prescribed by Ordinance of the Ministry of Environment, the condition of which has caused abnormalities to a wild animal due to the infection by a pathogen or any other cause; |
9. | The term "diagnosis of a disease" means verifying whether a wild animal which is dead or verified to be, or is suspected of having a disease, is infected with a disease, through an autopsy, clinical test, serum test, or other tests. |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: May 19, 2024] Article 2
Article 3 (Basic Principles of Protection and Use of Wildlife) |
(1) | The current generation shall recognize that wildlife is the common property of the current generation and future generations, and therefore shall ensure that the benefits therefrom go to the future generations by proactively protecting the natural habitats thereof. |
(2) | Each person shall strive to effectively protect wildlife habitats in order to prevent wildlife from becoming extinct and to ensure the equilibrium of the ecosystem. |
(3) | The State, local governments, and people shall use wildlife so as to ensure sustainability, so that the wildlife does not become extinct or that the biodiversity is not decreased. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 4 (Responsibilities of the State) |
(1) | The State shall formulate and implement a comprehensive policy on the protection of wildlife by identifying the actual condition, etc., of habitation of wildlife; comply with international agreements relating to the protection of wildlife; and endeavor to protect wildlife and to conserve the natural habitats thereof through cooperation with relevant international organizations. |
(2) | Local governments shall fully cooperate with the State's policy to protect wildlife; and formulate and implement measures to protect wildlife and to conserve the natural habitats thereof under their jurisdiction based upon the characteristics of each area. |
(3) | All people shall endeavor to protect wildlife by, for example, cooperating with the State and local governments in their policies to protect wildlife. |
[This Article Wholly Amended on Jul. 28, 2011]
CHAPTER II PROTECTION OF WILDLIFE
SECTION 1 General Provisions
Article 5 (Formulation of Master Plans for Protection of Wildlife) |
(1) | The Minister of Environment shall formulate a master plan for the protection of wildlife (hereinafter referred to as "master plan") every five years for the protection of wildlife and for the conservation of the natural habitats thereof. |
(2) | When the Minister of Environment formulates or amends a master plan, he or she shall have a prior consultation with the heads of relevant central administrative agencies, and notify the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the formulated or amended master plan. <Amended on Mar. 24, 2014> |
(3) | In order to formulate or amend a master plan, the Minister of Environment may request the head of each relevant central administrative agency and Mayor/Do Governor to submit necessary data. |
(4) | A Mayor/Do Governor shall formulate a detailed plan for the protection of wildlife (hereinafter referred to as "detailed plan") under his or her jurisdiction in accordance with the relevant master plan. |
(5) | Where a Mayor/Do Governor intends to formulate or amend a detailed plan, he or she shall hear the opinion of the Minister of Environment in advance. |
(6) | Matters to be included in master plans and detailed plans, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 5-2 Deleted. <Feb. 1, 2012> |
Article 6 (Investigation into Status of Habitation of Wildlife) |
(2) | Where wildlife or its habitats requiring protection or management are likely to be harmed or damaged due to any natural or artificial cause, the Minister of Environment may conduct at any time a fact-finding survey or examination by designating species to be observed. <Newly Inserted on Mar. 24, 2014> |
(3) | Matters such as the details, method, etc. of investigations conducted under paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 6-2 (Request for Information) |
For the protection and management of wildlife, the Minister of Environment may request the heads of relevant administrative agencies or the heads of local governments to provide information prescribed by Presidential Decree, such as import records of wildlife. In such cases, the head of an agency upon receipt of a request shall comply therewith, unless there is a compelling reason not to do so.
[This Article Newly Inserted on Dec. 13, 2022]
Article 6-3 (Integrated Wild Animals Management System) |
(1) | The Minister of Environment may establish and operate an electronic information system to efficiently manage matters relating to the export, import, removal, bringing in, transfer, receipt, keeping, death, etc. of wild animals (hereinafter referred to as “integrated wild animals management system”). |
(2) | Matters necessary for the establishment, operation, etc. of the integrated wild animals management system shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 13, 2022]
Article 7 (Designation of Ex-Situ Conservation Institution) |
(1) | Where it is impracticable to conserve wildlife in its habitat or it is necessary to conserve wildlife outside the habitats for the conservation, etc., of species, the Minister of Environment may designate an institution to conserve wildlife outside its habitats after hearing the opinion of the head of a relevant central administrative agency: Provided, That where he or she intends to require an ex-situ conservation institution to conserve wildlife outside its habitat (hereinafter referred to as "ex-situ conservation institution") to conserve natural monuments prescribed in Article 25 of the Cultural Heritage Protection Act, he or she shall consult with the Administrator of the Cultural Heritage Administration. |
(2) | Where it is necessary to require an ex-situ conservation institution to conserve endangered wildlife, the Minister of Environment and the head of a local government may fully or partially subsidize expenses incurred therein. <Amended on Dec. 12, 2017> |
(3) | Matters necessary for the designation of an ex-situ conservation institution shall be prescribed by Presidential Decree, and matters necessary for the operation of such agency and issuance of a designation notice shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 7-2 (Revocation of Designation of Ex-Situ Conservation Institution) |
(1) | Where an ex-situ conservation institution falls under any of the following, the Minister of Environment may revoke designation thereof: Provided, That he or she shall revoke such designation in cases falling under subparagraph 1: <Amended on Jul. 16, 2013; Mar. 24, 2014; Dec. 12, 2017> |
1. | Where it has been designated by fraud or other improper means; |
2. | Where it has abused wild animals, in violation of Article 8; |
3. | Where it has acquired (excluding eating food or extraction processed food made from wildlife designated by Ordinance of the Ministry of Environment), transferred, received, transported, or kept, or aided such act, wild animals captured, imported, or brought into Korea in violation of Article 9 (1) or food or processed products made thereof, upon knowing such fact; |
4. | Where it has captured, collected, etc. endangered wildlife, in violation of Article 14 (1); |
5. | Where it has installed or used explosives, snares, traps, nooses, trap pits, electricity, or nets, or sprayed or injected toxic substances, agricultural chemicals, or other similar materials for the capture, collection, etc. of endangered wildlife, in violation of Article 14 (2); |
6. | Where it has exported, imported, removed from Korea or brought into Korea globally endangered species and products processed therefrom without permission, in violation of Article 16 (1); |
7. | Where it has used globally endangered species and products processed therefrom for any purpose other than importation or bringing in, in violation of Article 16 (3); |
8. | Where it has captured, collected, or purchased, transferred or received, assisted or mediated the transfer or receipt, possessed, owned, or displayed globally endangered species and products processed therefrom, in violation of Article 16 (4); |
9. | Deleted; <Jul. 16, 2013> |
10. | Where it has captured, collected, or killed wildlife of any species prescribed by Ordinance of the Ministry of Environment, in violation of Article 19 (1); |
11. | Where it has installed or used explosives, snares, traps, nooses, pitfalls, electric power, or nets, or sprayed or injected toxic substances, agricultural chemicals or other similar materials, to capture, collect or kill wildlife, in violation of Article 19 (3); |
12. | Where it has exported, imported, removed from Korea or brought into Korea, wildlife of any species prescribed by Ordinance of the Ministry of Environment without permission, in violation of Article 21 (1); |
13. | Where it has no results of conserving wildlife for more than three consecutive years without good cause; |
14. | Where it poorly conserves or manages wildlife, including failure to follow the order of reporting and examination, etc. under Article 56 on at least three occasions. |
(2) | A person whose designation has been revoked pursuant to paragraph (1), shall return the designation notice to the Minister of Environment within seven days from the date of revocation thereof. |
[This Article Newly Inserted on Jul. 28, 2011]
Article 8 (Prevention of Wild Animal Abuse) |
(1) | No one shall engage in any of the following acts of cruelty towards animals which could lead to their deaths without good cause: <Amended on Mar. 24, 2014; Dec. 12, 2017> |
1. | Killing wild animals in a manner disgusting to other persons, such as beating or burning alive; |
2. | Killing wild animals with cruelty by strangling them or injecting them with toxic chemicals or using tools, etc.; |
3. | Killing wild animals with cruelty provided in the subparagraphs of paragraph (2); |
4. | Deleted. <Dec. 12, 2017> |
(2) | No one shall engage in any of the following acts of cruelty towards wild animals which cause pain to or inflict any wound on wild animals without good cause: <Newly Inserted on Dec. 12, 2017> |
1. | Causing pain to the wild animals or inflicting any wound on them after capturing and caging them; |
2. | Installing any device in the body of any wild animal to collect blood, gallbladder, internal organs, or parts of the living body of wild animals or collecting them; |
3. | Causing pain to the wild animals or inflicting any wound on them by using implements or drugs, or by physical means; |
4. | Inflicting any wound for the purpose of gambling, advertising, entertainment, or amusement, etc.; |
5. | Intentionally not feeding foods or water to wild animals when he or she stores or distributes them, or neglecting them without taking appropriate actions against diseases, etc. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 8-2 (Prevention of Harming Wild Animals by Artificial Structures) |
(1) | The State agencies, local governments, and public institutions designated under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions, etc.") shall install and manage artificial structures, such as buildings, soundproof walls, and waterways (hereinafter referred to as "artificial structures") under their jurisdiction, in a way that minimizes damage to wild animals, such as collision and crash caused by artificial structures. |
(2) | The Minister of Environment may conduct a fact-finding survey on damage to wild animals, such as collision and crash caused by artificial structures. In such cases, the Minister of Environment may request the heads of public institutions, etc. to provide cooperation, including submission of data necessary for a fact-finding survey, and a person upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
(3) | If the Minister of Environment deems that the artificial structures are causing serious damage to wild animals such as collision and crash, he or she may request the heads of public institutions, etc. to take measures for preventing damage to wild animals, such as use of products for preventing collision in the artificial structures under their jurisdiction, and a person upon receipt of the request shall comply with such request, unless there is a compelling reason not to do so. |
(4) | The State may fully or partially subsidize expenses incurred in taking measures under paragraph (3). |
(5) | The scope of and standards for installation of artificial structures, the targets, frequencies, methods, etc. of a fact-finding survey under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jun. 10, 2022]
Article 8-3 (Prohibition of Exhibition of Wild Animals) |
1. | Where wild animals to be exhibited fall under any of the following subparagraphs: |
(a) | Species prescribed by Ordinance of the Ministry of Environment as wild animals with a low risk of transmitting zoological diseases and inflicting harm on humans, among taxonomic groups other than mammals; |
2. | Cases prescribed by Ordinance of the Ministry of Environment for public purposes, such as academic research and education; |
3. | Business falling under Article 22-5 (1) 1 through 3, for which business permission is granted by the head of a Si/Gun/Gu. |
(2) | Notwithstanding the proviso of paragraph (1), where urgent measures are required to protect people's health and safety against the risk of contracting a zoonosis that is discovered in wild animals being exhibited, the Minister of Environment may take measures, such as temporarily suspending an exhibition of the relevant wild animals. |
[This Article Newly Inserted on Dec. 13, 2022]
Article 8-4 (Installation of Protection Facilities for Abandoned or Neglected Wild Animals) |
(1) | The Minister of Environment may install and operate a protection facility for abandoned or neglected wild animals to manage them, which are likely to be abandoned or neglected due to prohibition of exhibition and other measures taken under Article 8-3. |
(2) | Matters necessary for the standards for installation and operation of protection facilities for abandoned or neglected wild animals under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 13, 2022]
Article 9 (Prohibition against Acquisition of Illegally-Captured Wild Animals) |
(1) | No one shall acquire (including eating foods or extraction processed foods made from wild animals prescribed by Ordinance of the Ministry) transfer, receive, transport, or keep wild animals captured, imported, or brought into Korea, in violation of this Act, and foods or processed products made therefrom, or aid or abet such conduct with awareness of such fact. |
(2) | The Minister of Environment or the head of a local government may take necessary measures, such as confiscating wild animals captured, imported or brought into Korea, in violation of this Act, and foods or products processed therefrom. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 10 (Prohibition against Making Snares, Traps, and Nooses) |
No one shall make, sell, carry or keep snares, traps, nooses, or other appliances by which wild animals can be captured: Provided, That the same shall not apply in cases prescribed by Ordinance of the Ministry of Environment, such as scientific research, observation or exhibition.
[This Article Wholly Amended on Jul. 28, 2011]
Article 11 (Matters to Be Complied with in Transporting Wild Animals) |
(1) | A person prescribed by Ordinance of the Ministry of Environment, who intends to transport any live wild animals falling under the category of mammals, birds, reptiles, or amphibians, (excluding reptiles and amphibians bred for eating and fishery products captured and collected through fishery activities defined in subparagraph 1 of Article 3 of the Framework Act on Fishers and Fishing Villages Development), shall comply with the following: |
1. | The person shall provide wild animals being transported with adequate food and water and ensure they are not shocked or injured during transportation; |
2. | A vehicle for transporting wild animals shall be constructed in a way that minimizes animal's suffering during transportation, by not causing an injury and maintaining adequate temperature and humidity in consideration of the ecological characteristics of wild animals; |
3. | Other matters prescribed by Ordinance of the Ministry of Environment for protection of wild animals. |
[This Article Newly Inserted on Dec. 13, 2022]
Article 11-2 Deleted. <Mar. 24, 2014> |
Article 12 (Prevention of Damage from Wild Animals and Compensation Therefor) |
(1) | The State and local governments may fully or partially cover expenses incurred by persons who install facilities necessary to prevent human casualties (referring to where a person is physically injured or dies; hereinafter the same shall apply) or damage to agriculture, forestry, and fisheries from wild animals. <Amended on Mar. 22, 2013> |
(2) | The State and local governments may compensate human casualties or those whose agricultural, forestry, or fisheries production has been damaged by endangered wild animals, wild animals, the capture of which is prohibited pursuant to Article 19 (1) or City/Do-protected wild animals under Article 26, or human casualties or those whose agricultural, forestry or fisheries production has been damaged by wild animals in any of the following areas for damage within the budget: <Amended on Mar. 22, 2013> |
1. | Special wildlife protection districts prescribed in Article 27; |
2. | Wildlife protection districts prescribed in Article 33; |
7. | Other areas prescribed by Ordinance of the Ministry of Environment for the protection of wild animals. |
(3) | Standards and procedures for subsidizing expenses incurred in installing facilities to prevent damage under paragraph (1) and matters necessary for determining standards, procedures, etc. for compensation for damage prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
SECTION 2 Protection of Endangered Wildlife
Article 13 (Formulation of Measures for Conservation of Endangered Wildlife) |
(1) | The Minister of Environment shall formulate and implement mid- and long-term policies for conservation of endangered wildlife every five years, as prescribed by Presidential Decree. <Amended on Dec. 13, 2022> |
(2) | The Minister of Environment shall devise measures for the protection of habitats, etc. of endangered wildlife, and take necessary measures, such as reproduction, restoration, etc. of species found to lack ability to survive continuously in nature at the present population level. |
(3) | Where necessary for implementing mid-term and long-term measures for the conservation of endangered wildlife and for the reproduction, restoration, etc. of endangered wildlife, the Minister of Environment may request the head of a relevant central administrative agency and a Mayor/Do Governor for cooperation. |
(4) | Where necessary for protecting endangered wildlife, the Minister of Environment may recommend methods for proper utilization of land, etc. to the owner, occupant or custodian of the relevant land, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 13-2 (Frequency of Designation of Endangered Wildlife) |
(1) | The Minister of Environment shall re-designate the endangered wildlife every five years to protect wildlife and to prevent their extinction: Provided, That he or she may frequently re-designate endangered wildlife when deemed necessary. |
(2) | For the efficient enforcement of provisions of paragraph (1), the Minister of Environment may hear opinions of relevant experts. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 14 (Prohibition against Capture and Collection of Endangered Wildlife) |
(1) | No person shall capture, collect, release, naturalize, process, distribute, keep, export, import, remove, bring in (including dead animals in cases of processing, distribution, keeping, exportation, importation, removal, or bringing in), kill or damage (hereinafter referred to as "capture, collect, etc.") endangered wildlife: Provided, That the same shall not apply in any of the following cases, which has been permitted by the Minister of Environment: <Amended on Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019; Dec. 13, 2022> |
1. | Where it is used for scientific research or for the protection, reproduction and restoration of endangered wildlife; |
4. | Where the head of a relevant central administrative agency requests the Minister of Environment to diagnose and medically treat or prevent disease of people or animals; |
5. | Where artificially reproduced endangered wildlife is exported, imported, removed, or brought in, as prescribed by Presidential Decree; |
6. | Where Ordinance of the Ministry of Environment prescribes within the extent that does not hinder the protection of endangered wildlife. |
(2) | No one shall do any of the following acts to capture, collect, etc. endangered wildlife: Provided, That the same shall not apply in cases falling under any subparagraph of paragraph (1), which are prescribed by Ordinance of the Minister of Environment, such as a case in which he or she has been permitted by the Minister of Environment after determining the method of the capture, collection thereof, etc.: <Amended on Mar. 24, 2014> |
1. | Laying or using explosives, snares, traps, nooses, pitfalls, electric power, and nets; |
2. | Scattering or injecting poisonous objects, agrochemicals, or similar objects. |
(3) | The main clause of paragraph (1) shall not apply to any of the following cases: <Amended on Mar. 24, 2014> |
1. | Where they are captured for fear of imminent danger to human safety; |
2. | Where a wild animal is involved in an accident or an injured wild animal is captured because rescue and medical treatment are urgent; |
4. | Where an ex-situ conservation institution has been authorized, permitted, etc. to capture, collect, etc. endangered wildlife under the provisions of relevant statutes or regulations; |
5. | Where they are kept after making a statement of custody prescribed in paragraph (5); |
6. | Where artificially reproduced endangered wildlife are processed, distributed, or kept, as prescribed by Presidential Decree. |
(4) | Those who intend to capture, collect, etc. endangered wildlife after being permitted under the proviso of paragraph (1) shall carry a permit, and report the results to the Minister of Environment where they have captured, collected, etc. them. <Amended on Mar. 24, 2014> |
(5) | Those who have been keeping wildlife or stuffed wild animals at the time wildlife is designated as endangered wildlife shall file a report to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, within one year from the date of designation: Provided, That where they have made a statement under Article 40 of the Cultural Heritage Protection Act, this shall not apply. |
(6) | Paragraph (1) (limited to permission for exportation, importation, removal, and bringing in) shall not apply to the globally endangered species and products processed therefrom for which approval for exportation, importation, removal, or bringing in is obtained in accordance with the main clause of Article 16 (1) and for which permission for exportation, importation, removal, and bringing in is exempted pursuant to the proviso of that paragraph. |
(7) | Matters necessary for determining standards, procedures, issuance of a permit, etc. under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 15 (Revocation of Permission to Capture and Collect Endangered Wildlife) |
(1) | Where a person permitted to capture, collect, etc. endangered wildlife under the proviso of Article 14 (1) falls under any of the following subparagraphs, the Minister of Environment may revoke such permission: Provided, That the Minister of Environment shall revoke such permission in cases falling under subparagraph 1: |
1. | Where he or she has obtained permission by fraud or other improper means; |
2. | Where he or she has violated any of the conditions of permission in capturing, collecting, etc. endangered wildlife; |
3. | Where he or she is using endangered wildlife for a purpose or use other than permitted under Article 14 (1) 1 or 2. |
(2) | Those whose permission has been revoked under paragraph (1) shall return a permit within seven days from the date such permission was revoked. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 16 (Restrictions on International Trade of Globally Endangered Species) |
(1) | Those who intend to export, import, remove, or bring in globally endangered species and products processed therefrom shall obtain permission from the Minister of Environment: Provided, That the same shall not apply to medical supplies permitted for exportation, importation or bringing in under the Pharmaceutical Affairs Act, which have been processed from globally endangered species, and to the globally endangered species and products processed therefrom: <Amended on Jul. 28, 2011> |
1. | That they shall be compatible with the restriction on transactions according to the species involved in the Annex (I, II and III) to the Convention on International Trade in Endangered Species; |
2. | That the exportation, importation, removal, or bringing in of an animal or plant does not jeopardize the existence of the species; |
3. | That it shall be compatible with the detailed conditions for permission for each Appendix to the Convention on International Trade in Endangered Species prescribed by Presidential Decree. |
(2) | Deleted. <May 17, 2007> |
(3) | The globally endangered species and products processed therefrom that have been imported or brought in with permission under the main clause of paragraph (1) shall not be used for any purpose other than importation or bringing in: Provided, That the same shall not apply where it is unavoidable to modify the use, which has been approved by the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 28, 2011> |
(4) | No one shall capture, collect or purchase, transfer or acquire, assist or mediate transfer or receipt, possess, own, or exhibit globally endangered species and products processed therefrom for which no permission has been obtained under the main clause of paragraph (1). <Amended on Jul. 28, 2011; Jul. 16, 2013> |
(5) | The species reproduced from the globally endangered species imported or brought in with permission under the main clause of paragraph (1) shall be deemed permitted for importation or bringing in under the main clause of paragraph (1), and to have the same use as that of the globally endangered species originally imported or brought in. In such cases, the use of the species reproduced from the globally endangered species, the use of which has been modified under the proviso of paragraph (3) shall be deemed the same as the modified use. <Amended on Jul. 28, 2011> |
(6) | When a person intends to transfer or receive (including the moving of breeding ground or cultivating field; hereinafter the same shall apply) globally endangered species imported or brought in with permission under the main clause of paragraph (1), he or she shall file a report thereon before the transfer or receipt, or when it is impracticable to breed the relevant species due to death or a disease, he or she shall file a report thereon immediately, with the Minister of Environment as prescribed by Ordinance of the Ministry of Environment: Provided, That excluded therefrom shall be globally endangered species a report on which is deemed not essential as they increase in large quantity domestically and publicly notified so by the Minister of Environment. <Amended on Jul. 28, 2011; Jul. 16, 2013; Dec. 12, 2017> |
(7) | When a person has reproduced any globally endangered species imported or brought in with permission under the main clause of paragraph (1), he or she shall be issued a certificate for artificial reproduction of globally endangered species, as prescribed by Ordinance of the Ministry of Environment: Provided, That a person who intends to reproduce any globally endangered species prescribed by Presidential Decree shall obtain prior permission for the artificial reproduction thereof as prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 16, 2013> |
(8) | A person who intends to capture, collect or purchase, transfer or receive, assist or mediate transfer or receipt, possess, own, or exhibit globally endangered species and products processed therefrom shall retain a document certifying the exact account of lawful acquisition, etc. which is prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jul. 16, 2013> |
[Title Amended on Jul. 28, 2011]
Article 16-2 (Registration of Breeding Facilities for Globally Endangered Species) |
(1) | For the purpose of protecting globally endangered species and creation of a sound breeding environment, a person who intends to breed globally endangered species prescribed by Presidential Decree shall be registered with the Minister of environment after being equipped with an adequate breeding facility. |
(2) | A person with a breeding facility for globally endangered species registered under paragraph (1) (hereinafter referred to as "breeding facility registrant") who intends to modify any matter prescribed by Ordinance of the Ministry of Environment among the registered matters, shall have the modification registered or file a report on the modification as prescribed by Ordinance of the Ministry of Environment. |
(3) | In granting registration under paragraph (1), the Minister of Environment may impose conditions necessary for the appropriate management of the relevant species. |
(4) | Matters necessary for standards for installation of breeding facilities, procedures for registration, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
(5) | The Minister of Environment shall re-examine the appropriateness of the standards for installation of breeding facilities under paragraphs (1) and (4) every five years. <Newly Inserted on Dec. 12, 2017> |
(6) | The Financial Services Commission shall review the details of the report on modification under paragraph (2) and accept it if it deems the report complies with this Act. <Newly inserted on Nov. 26, 2019> |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-3 (Disqualification of Breeding Facility Registrants) |
None of the following persons shall be qualified to be a breeding facility registrant: <Amended on Dec. 12, 2017>
1. | A person under adult guardianship; |
2. | A person declared bankrupt and not yet reinstated; |
3. | A person for whom two years have not passed since the execution of his or her imprisonment without labor or heavier punishment as declared by a court was terminated (including where such execution is deemed to have been terminated) or exempted; |
4. | A person for whom two years have not passed since his or her registration was revoked under Article 16-8 (excluding cases where his or her registration was revoked under subparagraph 1 or 2). |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-4 (Management of Breeding Facilities for Globally Endangered Species) |
(1) | A person who operates a breeding facility prescribed by Presidential Decree among the breeding facility registrants shall undergo inspections conducted by the Minister of Environment regularly or at any time, as prescribed by Ordinance of the Ministry of Environment. |
(2) | Matters necessary for determining detailed methods, etc. of conducting inspections under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-5 (Improvement Order) |
In any of the following cases, the Minister of Environment may issue an improvement order to the relevant breeding facility registrant, fixing a period prescribed by Ordinance of the Ministry of Environment:
1. | Where the breeding facility fails to meet any of the standards referred to in Article 16-2 (4); |
2. | Where the improvement is deemed necessary following a regular or occasional inspection conducted under Article 16-4 (1); |
3. | Where the standards for management of breeding animals referred to in the subparagraphs of Article 16-6 are breached. |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-6 (Standards for Management of Breeding Animals) |
A breeding facility registrant shall comply with the following standards for the management of breeding animals:
1. | The breeding facility shall be maintained and managed so that the equipment and functions can be operated reflecting the characteristics of breeding animals; |
2. | He or she shall devise preventive measures to prevent the occurrence of any hazard to the health and safety in the course of raising breeding animals, and shall prepare the equipment, medicines, etc. for taking emergency measures if any accident occurs; |
3. | Measures shall be taken so that no accident, disturbance of ecosystem, etc. may be caused by the escape or death of breeding animals in the course of transfer or transport; |
4. | Other matters prescribed by Ordinance of the Ministry of Environment, which correspond to subparagraphs 1 through 3 and are deemed necessary to protect and manage breeding animals. |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-7 (Reports on Closure) |
(1) | If a breeding facility registrant intends to close or suspend operation of his or her facility referred to in Article 16-2, he or she shall file a report thereon with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
(2) | Upon receiving a report referred to in paragraph (1), the Minister of Environment shall review the details of the report, and accept it if the report complies with this Act. <Newly Inserted on Nov. 26, 2019> |
(3) | If, as a result of reviewing the details of a report on closure filed under paragraph (1), the health or safety of the breeding animals in the facility of the relevant breeding facility registrant is worrisome, or if any disturbance to the ecosystem, etc. is likely to result therefrom, the Minister of Environment may order the relevant breeding facility registrant to take necessary measures, such as the transfer of the relevant breeding animals to a third person, protection facilities, etc. before the closure. <Amended on Nov. 26, 2019> |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-8 (Revocation of Registration) |
(1) | Where a breeding facility registrant falls under any of the following cases, the Minister of Environment shall revoke his or her registration: <Amended on Dec. 12, 2017> |
1. | Where he or she has filed for registration of his or her business under Article 16-2 (1) by fraud or other improper means; |
2. | Where he or she falls under any provisions of subparagraphs 1 through 3 of Article 16-3; |
(2) | Where a breeding facility registrant falls under any of the following cases, the Minister of Environment may revoke his or her registration or issue an order to close all or part of the breeding facility for a period of up to six months: |
1. | Where he or she allows a third party to use the registration certificate by lending his or her name; |
2. | Where he or she receives at least three orders of closure in one year; |
3. | Where the escape or death of a breeding animal or the damage of human life is caused by intention or gross negligence; |
4. | Where he or she fails to raise breeding animals within two years since registration was made under Article 16-2 (1) or to operate the breeding facility continuously for at least two years without good cause; |
5. | Where he or she fails to have his or her registration modified, in violation of Article 16-2 (2); |
6. | Where he or she fails to report on modification, in violation of Article 16-2 (2); |
7. | Where he or she fails to comply with the conditions referred to in Article 16-2 (3); |
8. | Where he or she fails to undergo a regular or occasional inspection referred to in Article 16-4 (1); |
9. | Where he or she fails to execute an improvement order issued under Article 16-5; |
10. | Where he or she operates the facility during the period of a closure order; |
11. | Where he or she violates any of the standards for management of breeding animals prescribed in Article 16-6. |
[This Article Newly Inserted on Jul. 16, 2013]
Article 16-9 (Succession to Rights and Duties) |
(1) | When a breeding facility registrant dies or transfers his or her facility to a third party, the inheritor or the transferee shall succeed to the relevant rights and duties of the breeding facility registrant. In such cases, if the inheritor falls under any of the subparagraphs 1 through 3 of Article 16-3, he or she shall transfer the facility to a third party within 90 days from the date of succession. |
(2) | A person who has succeeded to the rights and duties of a breeding facility registrant under paragraph (1) shall file a report thereon with the Minister of Environment within 30 days from the date of succession, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jul. 16, 2013]
Article 17 (Revocation of Permission for Export and Import of Globally Endangered Species) |
(1) | Where a person permitted to export, import, remove, or bring in globally endangered species and products processed therefrom under the main clause of Article 16 (1), falls under any of the following subparagraphs, the Minister of Environment may revoke such permission: Provided, That the Minister of Environment shall revoke such permission in cases falling under subparagraph 1: |
1. | Where he or she has obtained permission by fraud or other improper means; |
2. | Where he or she has violated the conditions of permission in exporting, importing, removing, or bringing in globally endangered species and products processed therefrom; |
3. | Where he or she has used globally endangered species for any use other than for importing or bringing them into Korea, in violation of Article 16 (3). |
(2) | Where it is urgent for the existence of living animals and plants among any of the following globally endangered species, the Minister of Environment or the head of a relevant administrative agency may take necessary protective measures immediately: <Amended on Jul. 16, 2013> |
1. | Those used for purposes other than for importing or bringing them into Korea, in violation of main clause of Article 16 (3); |
2. | Those captured, collected or purchased, transferred or received, assisted or mediated transfer or receipt, possessed, owned, or exhibited without permission, in violation of Article 16 (4). |
(3) | The Minister of Environment or the head of a relevant administrative agency may return the globally endangered species regarding which protective measures have been taken under paragraph (2) or have been confiscated for a violation of this Act following the consultation with the country of export or country of origin, or transport them to a protection facility or other appropriate facilities. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 18 (Restrictions on Advertisement of Endangered Wildlife) |
No one shall publish advertisements which could accelerate the extinction or reduction of wildlife and globally endangered species, or induce cruelty thereto: Provided, That the same shall not apply where he or she is authorized, permitted, etc. under other statutes.
[This Article Wholly Amended on Jul. 28, 2011]
SECTION 3 Protection of Wildlife Other Than Endangered Wildlife
Article 19 (Prohibition against Capture and Collection of Wildlife) |
(1) | No one shall capture, collect, or kill any species that are not endangered wildlife but are prescribed by Ordinance of the Ministry of Environment (excluding marine life only inhabiting the ocean, and plants are limited to the species cleared from endangered wild life status; hereafter in this Article the same shall apply): Provided, That the same shall not apply to any of the following cases, which has been permitted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu in the case of Gu; hereinafter referred to as "the head of a Si/Gun/Gu"): <Amended on Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019; Dec. 13, 2022> |
1. | Where it is intended for scientific research or for the protection, reproduction, and restoration of wildlife; |
4. | Where the head of a relevant central administrative agency requests the head of a Si/Gun/Gu to diagnose, treat, or prevent disease of the people or animals; |
5. | Where wildlife prescribed by Ordinance of the Ministry of Environment is artificially reproduced or cultivated according to the standards, methods, etc. prescribed by Ordinance of the Ministry of Environment. |
(2) | When the Minister of Environment intends to designate any fishery resources on the inland waters as the species under the main clause of paragraph (1), he or she shall have a prior consultation with the Minister of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014> |
(3) | No one shall engage in any of the following activities to capture, collect, or kill wildlife under the main clause of paragraph (1): Provided, That the same shall not apply to cases falling under any subparagraph of paragraph (1), which are prescribed by Ordinance of the Ministry of Environment, such as where permitted after determining the method of capture, collection, or kill: <Amended on Mar. 24, 2014; Dec. 12, 2017> |
1. | Laying or using explosives, snares, traps, nooses, pitfalls, electric power, and nets; |
2. | Scattering or injecting poisonous objects, agrochemical or similar objects. |
(4) | The main clause of paragraph (1) shall not apply in any of the following cases: <Amended on Mar. 24, 2014; Dec. 13, 2022> |
1. | Where a wild animal is captured for fear of any imminent injury to the human body; |
2. | Where a wild animal faces an accident or an injured wild animal is captured for urgent rescue and medical treatment; |
4. | Where authorization, permission, etc. is obtained from an ex-situ conservation institution for the capture or collection under the relevant statutes or regulations; |
5. | Where permission to capture harmful wild animals is obtained from the head of the competent Si/Gun/Gu as prescribed in Article 23 (1); |
6. | Where approval for hunting has been obtained from the establisher of a hunting ground as prescribed in Article 50 (1); |
7. | Where any incidental capture has occurred inevitably due to fishing activities and has been reported to the Minister of Oceans and Fisheries within three months; |
(5) | Those who capture, collect, or kill wildlife under the proviso of paragraph (1) shall report thereon to the head of the competent Si/Gun/Gu, as prescribed in Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014; Dec. 12, 2017> |
(6) | Matters necessary for the standards and procedures for permission, the issuance of certificates of permission, etc. under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 20 (Revocation of Permission for Capturing or Collecting Wild Animals) |
(1) | Where a person permitted to capture, collect, or kill wildlife under the proviso of Article 19 (1) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke such permission: Provided, That he or she shall revoke such permission in cases falling under subparagraph 1: <Amended on Mar. 24, 2014; Dec. 12, 2017> |
1. | Where he or she has obtained permission by fraud or other improper means; |
2. | Where he or she has violated any condition of permission in capturing, collecting, or killing wildlife; |
3. | Where he or she has used any wild animal for a purpose other than permitted purposes under Article 19 (1) 1 or 2; |
4. | Where he or she has failed to artificially reproduce or cultivate wildlife according to the standards or methods permitted under Article 19 (1) 5. |
(2) | Each person whose permission has been revoked under paragraph (1), shall return the permit to the head of the competent Si/Gun/Gu within seven days from the date of such revocation. |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 21 (Exportation and Importation of Wildlife) |
(1) | A person who intends to export, import, remove, or bring in, the species (including products processed therefrom; hereinafter the same shall apply) prescribed by Ordinance of the Ministry of Environment that are not endangered wildlife shall obtain permission from the head of the competent Si/Gun/Gu according to the following standards for permission: <Amended on Mar. 24, 2014; Dec. 13, 2022> |
1. | In the case of exportation or removal: |
(a) | That the exportation or removal of wildlife shall not jeopardize the existence of the species; |
(b) | That the wildlife to be exported or removed has been legitimately obtained according to the statutes or regulations relating to the protection of the wild animals; |
(c) | That the living wildlife shall be shipped after minimizing the probability of being injured or of harm to its health, or after minimizing the risk of cruelty or damage; |
2. | In the case of importation or bringing in: |
(a) | That the importation or bringing-in of wildlife shall not jeopardize the existence of the species; |
(b) | That the person expected to receive wildlife shall be equipped with a proper facility to admit and protect the wildlife; |
(d) | That the person shall comply with the detailed standards for permission for importation or bringing in by purpose of use prescribed by Presidential Decree. |
(2) | In any of the following cases, paragraph (1) shall not apply: <Amended on Feb. 1, 2012; Mar. 24, 2014> |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 21 (Exportation, Importation, Transfer, Receipt, or Keeping of Wildlife) |
(1) | A person who intends to export, import, release, or bring in, non-endangered wildlife species (including processed products; hereinafter the same shall apply) prescribed by Ordinance of the Ministry of Environment to protect the species and enhance biodiversity shall obtain permission from the head of the competent Si/Gun/Gu according to the following standards for permission: <Amended on Mar. 24, 2014; Dec. 13, 2022> |
1. | In the case of exportation or removal: |
(a) | That the exportation or removal of wildlife shall not jeopardize the existence of the species; |
(b) | That the wildlife to be exported or removed has been legitimately obtained according to the statutes or regulations relating to the protection of the wild animals; |
(c) | That the living wildlife shall be shipped after minimizing the probability of being injured or of harm to its health, or after minimizing the risk of cruelty or damage; |
2. | In the case of importation or bringing in: |
(a) | That the importation or bringing-in of wildlife shall not jeopardize the existence of the species; |
(b) | That the person expected to receive wildlife shall be equipped with a proper facility to admit and protect the wildlife; |
(d) | That the person shall comply with the detailed standards for permission for importation or bringing in by purpose of use prescribed by Presidential Decree. |
(2) | In any of the following cases, paragraph (1) shall not apply: <Amended on Feb. 1, 2012; Mar. 24, 2014> |
(3) | A person who intends to transfer, receive, or keep wild animals of the species prescribed by Ordinance of the Ministry of Environment under paragraph (1) which are born alive or before hatching from eggs shall report to the head of a Si/Gun/Gu. The same shall also apply where the relevant wild animals in custody are dead. <Newly Inserted on Dec. 13, 2022> |
(4) | Notwithstanding paragraph (3), the species recognized and publicly notified by the Minister of Environment as barely necessary to be reported because they are raised for eating and others shall be excluded from reporting on transfer, receipt, keeping, or death. <Newly Inserted on Dec. 13, 2022> |
(5) | Permission for exportation and importation and others under paragraph (1), and the methods, period, procedures, and standards for reporting on transfer, receipt, keeping, or death under paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Dec. 13, 2022> |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014; Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 21
Article 22 (Revocation of Permission for Exportation and Importation of Wildlife) |
Where a person permitted to export, import, remove, or bring in wildlife prescribed in Article 21 (1) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke such permission: Provided, That he or she shall revoke such permission in cases falling under subparagraph 1: <Amended on Mar. 24, 2014> 1. | Where he or she obtains permission by fraud or other improper means; |
2. | Where he or she violates any condition of permission in exporting, importing, removing, or bringing in wildlife and products processed therefrom; |
3. | Where he or she uses wildlife and products processed therefrom for a purpose other than importation or bringing-in. |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 22-2 (Importation and Exportation of Wild Animals Designated for Management) |
(1) | No one shall import or bring in wild animals designated for management: Provided, That the same shall not apply to wild animals designated for management that are prescribed by Ordinance of the Ministry of Environment in consideration of their environmental impact, safety, and others. |
(2) | Notwithstanding the main clause of paragraph (1), a person who obtains permission as prescribed by Ordinance of the Ministry of Environment may import or bring in relevant wild animals designated for management in any of the following cases: |
1. | Where the wild animals are to be used for scientific research or for the protection and restoration of wildlife; |
3. | Other cases prescribed by Presidential Decree where the wild animals are to be used for public purposes and others. |
(3) | A person who intends to import or bring in wild animals designated for management that are prescribed by Ordinance of the Ministry of Environment pursuant to the proviso of paragraph (1) shall file a report with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment. |
(4) | A person who intends to export or remove wild animals designated for management shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-2
Article 22-3 (Revocation of Permission for Importation or Brining in of Wild Animals Designated for Management) |
Where a person permitted to import and bring in wild animals designated for management under Article 22-2 (2) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke the permission for importation and bringing in of wild animals: Provided, That if the person falls under subparagraph 1, the permission shall be revoked: 1. | Where the person has obtained permission by fraud or other improper means; |
2. | Where the person violates condition for permission for importation or bringing in of wild animals designated for management; |
3. | Where the person uses wild animals designated for management for a purpose other than for importation or bringing in. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-3
Article 22-4 (Transfer, Receipt, or Keeping of Wild Animals Designated for Management) |
(1) | No person shall transfer, receive, or keep wild animals designated for management: Provided, That the same shall not apply to wild animals designated for management that fall under the proviso of Article 22-2 (1) or paragraph (2) of that Article. |
(2) | A person who intends to transfer, receive, or keep wild animals designated for management pursuant to the proviso of paragraph (1) shall file a report with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where wild animals designated for management kept in custody under the proviso of paragraph (1) are dead. |
(3) | Notwithstanding paragraph (2), the species a report on which is deemed not essential and publicly notified so by the Minister of Environment because they are kept for eating and similar shall be excluded from those subject to reporting on transfer, receipt, keeping, or death. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-4
Article 22-5 (Wild Animal Business) |
(1) | A person who intends to handle wild animals categorized as mammals, birds, reptiles, or amphibians among globally endangered species, wild animals designated for management, or the species prescribed by Ordinance of the Ministry under Article 21, not less in the scale prescribed by Presidential Decree to conduct any of the following business (hereinafter referred to as "wild animal business") shall obtain permission from the head of the competent Si/Gun/Gu. The same shall also apply where any modification is made to matters prescribed by Ordinance of the Ministry of Environment, such as modification of the place of business. |
1. | Business of selling wild animals: Business of selling wild animals after purchasing them; |
2. | Business of importing wild animals: Business of selling wild animals after importing them; |
4. | Entrusted business of managing wild animals: Business of protecting or breeding wild animals after being entrusted by their owners. |
(2) | Where the head of a Si/Gun/Gu grants permission or permission for modification under paragraph (1), he or she shall issue a permit to the applicant. |
(3) | Where a person who obtains permission for wild animal business (hereinafter referred to as "wild animal business entity") suspends or closes his or her business, he or she shall take necessary measures, such as disposal of wild animals in custody. |
(4) | Standards and procedures for granting permission under paragraph (1), details and scope of business, methods and procedures for issuing permits under paragraph (2), and other necessary measures under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-5
Article 22-6 (Grounds for Disqualification from Being Granted Business Permission) |
Any of the following persons shall not be granted permission under Article 22-5 (1): 1. | A minor or a person under adult guardianship; |
2. | A person who was sentenced to imprisonment without labor or heavier punishment for committing any prohibited act, in violation of Article 8, or Article 10 of the Animal Protection Act, in whose case five years have not elapsed since his or her sentence was completely executed (including cases where such sentence was deemed completely executed) or exempted from execution; |
3. | A person who was sentenced to imprisonment without labor or heavier punishment for violating this Act (excluding Article 8), in whose case three years have not passed since the sentence was completely executed (including cases where such sentence was deemed completely executed) or the non-execution of such sentence became final; |
4. | A person who was sentenced to a fine for any prohibited act committed in violation of subparagraph 2, in whose case three years have not elapsed since the sentence became final and conclusive; |
5. | Any of the following persons who is under suspension of the execution: |
(a) | A person who is under suspension of the execution of a fine or heavier punishment declared by a court for committing any prohibited act in violation of subparagraph 2; |
(b) | A person sentenced to suspension of the execution of an imprisonment without labor or heavier punishment declared by a court for violating this Act (excluding Article 8); |
6. | A person who intends to obtain permission for the same type of business as the one for which permission was revoked, in whose case one year has not elapsed from the date of revocation of permission under Article 22-9. |
7. | A corporation which has an executive officer who falls under any of subparagraphs 1 through 6. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-6
Article 22-7 (Succession to Business) |
(1) | Where a wild animal business entity transfers his or her business or is dead, or in the case of merger of corporations, the transferee, the heir, or a corporation surviving the merger or established after the merger (hereinafter referred to as "transferee, etc.") shall succeed to the status of the wild animal business entity. |
(2) | A person who has acquired all of the wild animal business facilities in accordance with any of the following procedures shall succeed to the status of the relevant wild animal business entity. In such cases, the permission previously granted for the wild animal business shall be invalidated: |
4. | Other procedures corresponding to the provisions of subparagraphs 1 through 3. |
(3) | A person who has succeeded to the status of a wild animal business entity pursuant to paragraph (1) or (2) shall report such fact to the competent head of a Si/Gun/Gu within 30 days, as prescribed by Ordinance of the Ministry of Environment. |
(4) | Article 22-6 shall apply mutatis mutandis to grounds for disqualification of a person who has succeeded to the status of a wild animal business entity pursuant to paragraph (1) or (2): Provided, That where a successor falls under subparagraph 1 of Article 22-6, the same shall not apply for three months from the date of succession. |
(5) | The effect of a disposition made under Article 22-9 (1) or (2) shall be succeeded to the transferee and others for one year from the end of the period for disposition, and if the disposition procedure is underway, the disposition procedure may continue against the transferee and similar: Provided, That the same shall not apply where the transferee or similar person verifies that he or she was not aware of the disposition or violation at the time of transfer, inheritance, or merger of business. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-7
Article 22-8 (Matters to Be Complied with by Wild Animal Business Entity) |
A wild animal business entity (in cases of a corporation, including its representative) and his or her executive officers and employees shall comply with the matters prescribed by Ordinance of the Ministry of Environment regarding the following:
1. | Management of breeding and public health in consideration of the characteristics of wild animals; |
2. | Construction and management of the facilities to prevent the escape of wild animals causing harm to the ecosystem; |
3. | Preparation and keeping of records on the importation, breeding, sale, etc. of wild animals; |
4. | Completion of educational courses on the protection and management of wild animals and the prevention of harm to public health, which are provided by educational institutions prescribed by Ordinance of the Ministry of Environment; |
5. | Appointment of a chief manager responsible for appropriate management of wild animals; |
6. | Other matters deemed necessary by the Minister of Environment for an appropriate protection and management of wild animals. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-8
Article 22-9 (Revocation of Permission for Wild Animal Business) |
(1) | If a wild animal business entity falls under any of the following cases, the head of a Si/Gun/Gu shall revoke the permission for business: |
1. | Where it is verified that the business entity has obtained permission by fraud or other improper means; |
2. | Where the business entity has imported, bred, or sold wild animals designated for management which are prohibited from importation without permission, in violation of Article 22-2 (2); |
3. | Where the business entity's business has been suspended on at least three occasions over the last two years; |
4. | Where the business entity has conducted business during the period of business suspension; |
5. | Where the business entity meets the grounds for disqualification under Article 22-6: Provided, That this shall not apply where a corporation employing a person falling under subparagraph 7 of that Article replaces the relevant executive officer within three months. |
(2) | Where a wild animal business entity falls under any of the following cases, the head of a Si/Gun/Gu may revoke the permission for business or issue an order to suspend all or part of the business for a specified period not exceeding six months: |
1. | Where it abuses a wild animal in violation of Article 8; |
2. | Where it transfers or receives a wild animal without filing a report thereon under Article 22-4 (2); |
3. | Where it fails to meet the standards for granting permission prescribed in Article 22-5 (4); |
4. | Where it fails to file a report on the succession to the status of a wild animal business entity under Article 22-7 (3); |
5. | Where it fails to comply with the matters to be complied with prescribed in Article 22-8; |
6. | Where it captures, imports, brings in, exports, removes, transfers, receives, artificially reproduces, keeps, kills, or releases wild animals in violation of this Act; |
7. | Where it fails to commence business even after one year lapses from the date of permission; |
8. | Where it allows another person to operate the relevant business using his or her name, or lends his or her permit referred to in Article 22-5 (2) to the person. |
(3) | A person whose permission is revoked under paragraph (1) or (2) shall return the permit to the head of the competent Si/Gun/Gu within seven days from the date of such revocation. |
(4) | Any person whose business is suspended pursuant to paragraph (2) shall post a notice thereof, as prescribed by the Minister of Environment. |
(5) | A wild animal business entity for whom permission is revoked or whose business is suspended pursuant to paragraph (1) or (2) shall take necessary measures prescribed by Ordinance of the Ministry of Environment, such as disposal of wild animals in custody. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-9
Article 22-10 (Penalty Surcharges Imposed in Lieu of Business Suspension) |
(1) | Where the head of a Si/Gun/Gu shall issue an order to a wild animal business entity to suspend business pursuant to Article 22-9 (2) and where the business suspension is likely to cause the spread of wild animal diseases or seriously undermine public interests, the head of a Si/Gun/Gu may impose a penalty surcharge not exceeding 100 million won in lieu of business suspension. |
(2) | Where necessary for imposing a penalty surcharge on a business entity under paragraph (1), the head of a Si/Gun/Gu may send a written request to the head of the competent tax office to provide taxation information, which shall contain the following: |
1. | Personal information of the taxpayer; |
2. | The purpose of use of the taxation information; |
3. | Sales threshold for assessing the penalty surcharge. |
(3) | If a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the head of a Si/Gun/Gu shall revoke the imposition of the penalty surcharge under paragraph (1) and suspend the business of such person as prescribed by Presidential Decree, or collect the penalty surcharge in accordance with the Act on the Collection of Local Administrative Penalty Charges. |
4) Penalty surcharges imposed and collected by the head of a Si/Gun/Gu under paragraph (1) shall become revenues of the special Account for environmental improvement under the Framework Act on Environmental Policy. [This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-10
Article 22-11 (Inspection of Business Operation) |
(1) | The head of a Si/Gun/Gu shall regularly inspect whether wild animal business entities comply with the following matters and report the inspection results to the Minister of Environment through the relevant Mayor/Do Governor: |
1. | Standards for granting permission under Article 22-5 (4); |
(2) | The head of a Si/Gun/Gu may require a wild animal business entity to submit data necessary for an inspection under paragraph (1) or have relevant public officials enter the offices, places of business, or other necessary places to inspect relevant documents, and facilities and equipment, etc. for keeping, breeding, selling, or transporting wild animals. |
(3) | The period, method, and procedures of an inspection and submission of the inspection results under paragraph (1), and the procedures and methods of an inspection under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 13, 2022]
[Enforcement Date: Dec. 14, 2025] Article 22-11
Article 23 (Permission to Capture and Manage Harmful Wild Animals) |
(1) | Those who intend to capture harmful wild animals shall obtain permission from the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. |
(2) | When the head of a Si/Gun/Gu intends to grant permission under paragraph (1), he or she shall investigate the extent of damage to crops due to harmful wild animals, the kinds, number, etc. of harmful wild animals and prevent any disturbance to the ecosystem caused by excessive capture. |
(3) | Upon a request by a person who applied for permission under paragraph (1), the head of a Si/Gun/Gu may allow a third party permitted to hunt wild animals under Article 44 with hunting insurance under Article 51 to perform the capture on behalf of him or her. In such cases, a person who engages in capture on behalf of a third party shall be deemed to have obtained permission under paragraph (1). |
(4) | When the head of a Si/Gun/Gu has granted permission, as prescribed in paragraph (1), he or she shall notify the Minister of the Korea Forest Service and other heads of relevant administrative agencies thereof without delay. |
(5) | Where necessary for the management of harmful wild animals, the Minister of Environment may request the heads of relevant central administrative agencies or heads of local governments to take appropriate measures, such as activities to prevent damage or diseases, organization and operation of a harvest damage prevention group or a joint harvest damage prevention group of adjacent Sis/Guns/Gus. <Amended on Mar. 24, 2014; Nov. 26, 2019> |
(6) | A person who has captured a harmful wild animal prescribed in paragraph (1) or (3) shall file a report on the results of the capture to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Mar. 22, 2013> |
(7) | Mattes necessary for the standards for permission, safety regulations, method of capture, issuance of permits, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 22, 2013> |
(8) | Methods of treating harmful wild animals captured pursuant to paragraph (1) or (3) shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
(9) | Matters necessary for the methods of organizing a harvest damage prevention group, timing for operation, target animals, etc., under paragraph (5), shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Mar. 24, 2014; Nov. 26, 2019> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 23-2 (Revocation of Permission to Capture Harmful Wild Animals) |
(1) | Where a person who has obtained permission to capture harmful wild animals pursuant to Article 23 (1) falls under any of the following, the head of a Si/Gun/Gu may revoke such permission: Provided, That he or she shall revoke such permission in cases falling under subparagraph 1: <Amended on Mar. 22, 2013> |
1. | Where a person has obtained permission by fraud or other improper means; |
2. | Where a person has failed to file a report prescribed in Article 23 (6); |
3. | Where a person has violated the standards for permission, safety regulations, methods of capture, etc. prescribed by Ordinance of the Ministry of Environment pursuant to Article 23 (7) in capturing harmful wild animals. |
(2) | Each person whose permission has been revoked pursuant to paragraph (1), shall return his or her permit to the head of a Si/Gun/Gu within seven days from the date of such revocation. |
[This Article Newly Inserted on Jul. 28, 2011]
Article 24 (Management of Animals Reverted to Wild State) |
(1) | Where the ecosystem is disturbed or is at risk of being disturbed, such as wild animals' infection or decrease in biodiversity, etc. due to domesticated animals and companion animals that have reverted to wild state after having been abandoned or having escaped, the Minister of Environment may designate and publicly notify such domesticated animals and companion animals as animals reverted to wild state in consultation with the heads of relevant central administrative agencies and take necessary measures. <Amended on May 18, 2021> |
(2) | Where necessary to prevent disturbance to the ecosystem by animals reverted to the wild, the Minister of Environment may request the heads of relevant central administrative agencies or the heads of local governments to take appropriate measures, such as the capture of animals reverted to the wild. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 25 Deleted. <Feb. 1, 2012> |
Article 25-2 Deleted. <Feb. 1, 2012> |
Article 26 (Designation of Wildlife Protected by City/Do) |
(1) | A Mayor/Do Governor may designate and publicly notify wildlife in the areas under his or her jurisdiction that are acknowledged as requiring protection corresponding to the wildlife because the population thereof is decreasing, as the wildlife protected by a City/Do, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended on Mar. 24, 2014> |
(2) | A Mayor/Do Governor may take measures necessary for protecting wildlife, such as the prohibition against capturing and collecting City/Do protected wildlife pursuant to ordinance of the relevant City/Do. |
[This Article Wholly Amended on Jul. 28, 2011]
SECTION 4 Designation and Management of Special Protection Districts for Wildlife
Article 27 (Designation of Special Protection Districts for Wildlife) |
(1) | The Minister of Environment may designate an area especially in need of conservation to protect and reproduce endangered wildlife as a special protection district for wildlife (hereinafter referred to as "special protection district") after hearing the opinions of interested parties, such as land owners, and the heads of local governments, and consulting with the heads of relevant central administrative agencies. |
(2) | Where a special protection district has lost its value or the need to conserve the special protection district ceases to exist due to military purposes, natural disaster, or other causes, the Minister of Environment shall modify or cancel the designation. In such cases, procedures prescribed in paragraph (1) shall apply mutatis mutandis. |
(3) | Where the Minister of Environment designates, modifies, or cancels a special protection district, he or she shall determine and give a public notice of the location and scale of the protection district, date of designation, and other necessary matters. |
(4) | Except as provided in paragraphs (1) through (3), matters necessary for the standards for designation, procedures therefor, etc. of a special protection district shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 28 (Restrictions on Acts in Special Protection Districts) |
(1) | No one shall do any of the following damaging activities in any special protection district: Provided, That cultural heritage (including protected zones) defined in Article 2 of the Cultural Heritage Protection Act shall be governed by such Act: |
1. | New construction and enlargement (limited to the enlargement in which existing total floor space is enlarged by at least two times) of buildings and structures, and changing the form and quality of land; |
2. | Modifying the formation of river, lake, etc. or changing the water level or water volume; |
3. | Gathering soil and stone; |
4. | Other damaging activities deemed harmful to wildlife, which are prescribed by Presidential Decree. |
(2) | In any of the following cases, paragraph (1) shall not apply: <Amended on May 26, 2020> |
1. | Where it is necessary for military purposes; |
2. | Where urgent measures are necessary because a natural disaster or other disasters prescribed by Presidential Decree as corresponding thereto have occurred; |
3. | Where an activity prescribed by Presidential Decree is committed, such as an activity necessary to continue farming that has been continued in the special protection district; |
4. | Where an activity publicly notified by the Minister of Environment as deemed unlikely to hinder the protection of wildlife is committed. |
(3) | No one shall do any of the following activities in any special protection district: Provided, That the same shall not apply to cases falling under paragraph (2) 1 and 2: <Amended on Jun. 4, 2013; Jan. 17, 2017> |
2. | Carrying inflammables prescribed by Ordinance of the Ministry of Environment, cooking, or camping; |
3. | Spoiling, damaging or arbitrarily moving an information board or other signs concerning the protection of wildlife; |
4. | Other activities to be prohibited for the protection of wildlife, prescribed by Presidential Decree. |
(4) | Where it is inevitable for the protection of endangered wildlife, the Minister of Environment or a Mayor/Do Governor may restrict activities prescribed in paragraph (2) 3. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 29 (Restrictions on Access) |
(1) | Where it is necessary for the protection of wildlife and for prevention of extinction thereof, the Minister of Environment or a Mayor/Do Governor may restrict or prohibit entry to all or some part of a special protection district specifying a certain period: Provided, That the same shall not apply to entry for engaging in any of the following activities, and he or she shall consult with the Administrator of the Cultural Heritage Administration on the cultural heritage (including protected zones) prescribed in Article 2 of the Cultural Heritage Protection Act: <Amended on May 26, 2020> |
1. | An activity prescribed by Ordinance of the Ministry of Environment as necessary for the protection of wildlife; |
2. | An activity necessary for military purposes; |
3. | Taking urgent measures or measures necessary for restoration from a natural disaster or disaster prescribed by Presidential Decree as corresponding thereto has occurred; |
4. | Where an activity prescribed by Presidential Decree is committed, such as an activity necessary to continue farming that has continued in the special protection district; |
5. | Other activities prescribed by Ordinance of the Ministry of Environment as deemed unlikely to hinder the protection of wildlife. |
(2) | When the Minister of Environment or a Mayor/Do Governor intends to restrict or prohibit entry under paragraph (1), he or she shall provide a public notice of the location and space of the relevant area, period, method of entry, and other matters prescribed by Ordinance of the Ministry of Environment. |
(3) | Where any ground for the restriction or prohibition against entry prescribed in paragraph (1) has ceased to exist, the Minister of Environment or a Mayor/Do Governor shall cancel the restriction or prohibition without delay and provide a public notice of the same. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 30 (Orders of Suspension) |
The Minister of Environment or a Mayor/Do Governor may order a person who has violated Article 28 (1) in a special protection district to suspend such activity or to reinstate, within a reasonable period: Provided, That if reinstatement is impractical, he or she may order the person to take measures equivalent thereto. [This Article Wholly Amended on Jul. 28, 2011]
Article 31 (Purchase of Land in Special Protection Districts) |
(1) | Where it is necessary for the effective protection of wildlife, the Minister of Environment may purchase a special protection district, and land, etc. in an area which he or she intends to designate as a special protection district and environments after consultations with the owners. |
(2) | Where any person suffers a loss by the designation of a special protection district, the Minister of Environment may compensate him or her for loss, within the budget, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 32 (Conclusion of Endangered Species Management Contracts) |
(1) | Where it is necessary for the protection of endangered wildlife in a special protection district and its environment (referring to an area that has direct effects, such as compromised water quality, etc. on the special protection district; hereafter in this Article the same shall apply), the Minister of Environment or a Mayor/Do Governor may conclude a contract stipulating the method for management of land, such as modification of farming methods, reduction in the use of chemical substances, etc. with the owner, occupier, etc. of land (hereinafter referred to as "endangered species management contract"), and recommend that the heads of relevant central administrative agencies or the heads of local governments conclude an endangered species management contract. |
(2) | Where the Minister of Environment, the head of a central administrative agency or the head of a local government concludes an endangered species management contract, he or she shall compensate the person who has suffered loss from the implementation of the contract. |
(3) | Where a resident of a surrounding area extends, etc. his or her house in the environment, the Minister of Environment may fully or partially subsidize expenses incurred in installing a private sewage treatment facility defined in subparagraph 13 of Article 2 of the Sewerage Act. |
(4) | The Minister of Environment shall preferentially formulate a plan for assistance in the treatment of dirty water, wastewater, and livestock wastewater for special protection districts and environments, and may request the heads of relevant central administrative agencies to take measures necessary for such assistance and for fostering eco-friendly agriculture, forestry, and fisheries. |
(5) | Matters necessary for the conclusion, compensation, and cancellation of endangered species management contracts and the kinds, procedures, methods, etc. of assistance to environments shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 33 (Designation of Wildlife Protection Districts) |
(1) | In order to protect endangered wildlife, a Mayor/Do Governor or the head of a Si/Gun/Gu may designate an area in need of protection corresponding to a special protection district as a wildlife protection district (hereinafter referred to as "protection district"). |
(2) | When a Mayor/Do Governor or the head of a Si/Gun/Gu intends to designate, modify, or cancel a protection district, he or she shall hear the opinions of residents in advance pursuant to Article 8 of the Framework Act on the Regulation of Land Use and consult with the heads of relevant administrative agencies. |
(3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu designates, modifies, or cancels a protection district, he or she shall give a public notice of the location, scale, date of designation of the protection district, and other matters prescribed by ordinance of the relevant local government, as prescribed by Ordinance of the Ministry of Environment. |
(4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may take measures necessary for the conservation of a protection district, such as restriction on access, etc. as prescribed by ordinance of the relevant local government by applying mutatis mutandis Articles 28 through 32. |
(5) | Those who intend to enter a protection district in the breeding season of wild animals determined and publicly notified by the Minister of Environment shall file a report with a Mayor/Do Governor or the head of a Si/Gun/Gu: Provided, That the same shall not apply in any of the following cases: |
2. | Where it is for performing duties of the armed forces; |
3. | Other cases prescribed by Ordinance of the Ministry of Environment, such as investigation of the natural environment. |
(6) | Upon receipt of a report under the main clause of paragraph (5), a Mayor/Do Governor, or the head of a Si/Gun/Gu shall review of the details thereof and accept such report if it conforms to this Act. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 34 (Consultations on Development Activities in Protection Districts) |
When the State or a local government intends to engage in utilization, development, etc. in a protection district, or to authorize, permit, etc. utilization, development, etc. under other statutes or regulations, he or she shall consult with a Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the protection district.
[This Article Wholly Amended on Jul. 28, 2011]
Article 34-2 (Investigation and Assessment of Management Status of Protection Districts) |
If necessary for the efficient management of a protection district, the Minister of Environment may investigate and assess the appropriateness, etc. of the designation, modification, or cancellation of the protection district and recommend that the head of a relevant local government make improvements thereto.
[This Article Newly Inserted on Jul. 28, 2011]
SECTION 5 Control of Wild Animal Diseases
Article 34-3 (Formulation of Master Plans for Control of Wild Animal Diseases) |
(1) | To prevent the outbreak and spread of wild animal diseases (in the case of aquatic animals, limited to the species designated as endangered wildlife or the species designated as those prevented from capture or collection under Article 19 (1); hereafter in this Section the same shall apply), the Minister of Environment shall formulate and implement a master plan for the control of wild animal diseases every five years. In such cases, the Minister of Environment shall consult with the relevant central administrative agencies before the plan is established. |
(2) | Each master plan for the control of wild animal diseases prescribed in paragraph (1), shall include the following matters: |
1. | Establishment of a reporting system for the prevention and early detection of wild animal diseases; |
2, Establishment and implementation of emergency countermeasures for each wild animal disease;
3. | Domestic and international cooperation to address wild animal diseases; |
4. | Diagnosis and investigation of, and research on wild animal diseases; |
5. | Collection and analysis of information and data on wild animal diseases; |
6. | Training of professional human resources for the investigation and research of wild animal diseases; |
7. | Other matters concerning the policies, etc. for prevention of wild animal diseases. |
(3) | To formulate or amend a master plan for the control of wild animal diseases, the Minister of Environment may request necessary data from the heads of the relevant central administrative agencies and Mayors/Do Governors. |
(4) | The Minister of Environment shall notify Mayors/Do Governors of the master plan for the control of wild animal diseases formulated under paragraph (1), and the Mayors/Do Governors shall formulate detailed plans for the control of wild animal diseases within a district under their jurisdiction in accordance with the master plan for the control of wild animal diseases. |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for the formulation, etc. of a master plan for the control of wild animal diseases and detailed plans therefor shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-4 (Research on Wild Animal Diseases and Rescue and Medical Treatment of Wild Animals) |
(1) | For the control of diseases of wild animals, the Minister of Environment and Mayors/Do Governors shall take necessary measures, such as research into diseases of wild animals, the rescue and medical treatment of distressed or injured wild animals, and the development and dissemination of technology for the control of wild animal diseases. <Amended on Nov. 26, 2019> |
(2) | The Minister of Environment and Mayors/Do Governors may establish and operate facilities for the research on, rescue, and medical treatment of diseases of wild animals (hereinafter referred to as "wild animal treatment institutions"), as prescribed by Presidential Decree, or designate a relevant institution or organization as a wild animal treatment institution as prescribed by Ordinance of the Ministry of Environment <Amended on Nov. 26, 2019> |
(3) | The Minister of Environment and Mayors/Do Governors may fully or partially subsidize expenses necessary for the research on wild animal diseases and the rescue and medical treatment of wild animals performed by the wild animal treatment institutions established or designated under paragraph (2). <Amended on Nov. 26, 2019> |
(4) | Matters such as standards for designation of wild animal treatment institutions, the issuance of designation certificates, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Mar. 24, 2014]
[Title Amended on Nov. 26, 2019]
Article 34-5 (Revocation of Designation of Wild Animal Treatment Institutions) |
(1) | If a wild animal treatment institution falls under any of the following cases, the Minister of Environment or the competent Mayor/Do Governor may revoke the designation: Provided, That the designation shall be revoked in cases falling under subparagraph 1: <Amended on Nov. 26, 2019> |
1. | Where the designation is obtained by fraud or other improper means; |
2. | Where it refuses to rescue, or provide medical treatment to, distressed or injured wild animals at least three times unless there is a compelling reason not to do so; |
3. | Where it mistreats a wild animal, in violation of Article 8; |
4. | Where wild animals illegally captured, imported, or brought in or the foods or products processed from are acquired (excluding eating foods or extraction processed food made of wild animals prescribed by Ordinance of the Ministry), transferred, received, transported, or kept, or assist such activity, upon knowing such fact, in violation of Article 9 (1); |
5. | Where it fails to file a report, in violation of Article 34-6 (1), knowing that a wild animal is confirmed to be infected or has a ground to suspend being infected by a disease; |
6. | Where it fails to execute an order to vaccinate, quarantine, restrict movement of, control access, or to cull a wild animal, in violation of Article 34-10 (1); |
7. | Where it fails to incinerate or bury the carcasses of culled wild animals, in violation of Article 34-10 (3). |
(2) | A person whose designation is revoked under paragraph (1) shall return his or her designation certificate to the Minister of Environment or the competent Mayor/Do Governor within seven days from the date the designation is revoked. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-6 (Reports on Dead or Diseased Wild Animals) |
(1) | Any person who finds a wild animal (including a dead wild animal) confirmed as infected by a disease or which has a ground for suspecting disease shall without delay report thereon to the head of an administrative agency prescribed by Presidential Decree (hereinafter referred to as "head of the national wild animal disease control agency") which conducts affairs concerning the wild animal disease, or to the head of the competent local government, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
(2) | No head of any administrative agency in receipt of a report referred to in paragraph (1) shall disclose the reporter's identity if requested by him or her. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-7 (Diagnosis of Disease) |
(1) | The national wild animal disease control agency may designate a university or college, private research institute, wild animal treatment institution, etc. equipped with the facilities and human resources capable of diagnosing diseases as a wild animal disease diagnosis institution. <Amended on Nov. 26, 2019> |
(2) | The head of the competent local government in receipt of a report prescribed in Article 34-6 (1) may request the head of the national wild animal disease control agency or the head of a wild animal disease diagnosis institution designated under paragraph (1) (hereinafter referred to as "wild animal disease diagnosis institution") to conduct a diagnosis of diseases of the relevant wild animal. <Amended on Nov. 26, 2019> |
(3) | To probe the situations of emergence of wild animal diseases, the head of the national wild animal disease control agency shall perform the following duties: <Amended on Nov. 26, 2019> |
1. | Preventive observation, diagnosis, or surveying or researching of, wild animal diseases nationwide or in a particular area; |
2. | Diagnosis of diseases of wild animals of facilities protecting and managing wild animals, such as wild animal treatment institutions. |
(4) | Where a wild animal disease is confirmed as a result of diagnosis of a disease under paragraph (2), the head of the wild animal disease diagnosis institution shall notify the heads of the National Wild Animal Disease Control Agency and the head of the competent local government thereof. <Newly Inserted on Nov. 26, 2019> |
(5) | Where the head of the national wild animal disease control agency has confirmed a wild animal disease or has received notification under paragraph (4) from the diagnosis, investigation or research of a disease under paragraphs (2) and (3), he or she shall report thereon to the Minister of Environment, and inform the heads of the competent local governments and the heads of the relevant administrative agencies classified as follows: <Amended on Nov. 26, 2019; Aug. 11, 2020> |
(6) | The know-how for diagnosis of wild animal diseases, preservation and management of pathogens of wild animal diseases, the packaging, transport, and handling of specimens, and other necessary matters shall be prescribed and publicly notified by the head of the national wild animal disease control agency. <Amended on Nov. 26, 2019> |
(7) | When a wild animal disease diagnosis institution falls under any of the following, the national wild animal disease control agency may cancel the designation: Provided, That in cases falling under subparagraph 1, he or she shall cancel such designation: <Newly Inserted on Nov. 26, 2019> |
1. | Where the person has obtained a designation by falsity or other illegal means; |
2. | Where it ceases to meet the standard for designation referred to in paragraph (1); |
3. | Where it fails to give notice, knowing that a wild animal disease has been confirmed, in violation of paragraph (4); |
4. | Where it fails to comply with matters determined and publicly notified by the head of the National Wild Animal Disease Control Agency, which are necessary for the guidelines for diagnosis of wild animal diseases pursuant to paragraph (6). |
(8) | Matters necessary for the standards, procedure, method, etc. for designation of a wild animal treatment institution prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-8 (Disclosure of Status of Outbreak of Wild Animal Diseases) |
(1) | For the prevention of outbreak and spread of wild animal diseases, the Minister of Environment and a Mayor/Do Governor shall disclose the status of the outbreak of wild animal diseases to prevent an outbreak of a wild animal disease or its spread. |
(2) | The subject-matter and details of, and the procedures and methods for, the disclosure thereof, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-9 (Epidemiological Investigation) |
(1) | In any of the following cases, the Mayor/Do Governor or the national wild animal disease control agency may conduct epidemiological investigations for cause: <Amended on Nov. 26, 2019> |
1. | Where a wild animal disease has emerged or is deemed likely to emerge; |
2. | Where an adverse reaction has occurred after a wild animal was vaccinated against a disease. |
3. | Where requested by a Mayor/Do Governor (limited to where such request is made to the head of the national wild animal disease control agency) or the head of a relevant central administrative agency. |
(2) | Where an epidemiological investigation is conducted by the head of the national wild animal disease control agency or a Mayor/Do Governor under paragraph (1), no person shall reject, interfere with, or evade it without good cause. <Amended on Nov. 26, 2019> |
(3) | Matters necessary for the timing, methods, etc. for the epidemiological investigation conducted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-10 (Vaccinations, Quarantine, Access Control, Culling, and Disposal of Carcasses) |
(1) | Where deemed necessary to prevent the spread of wild animal diseases, the Minister of Environment and a Mayor/Do Governor shall order institutions or organizations which protect and manage wild animals, such as wild animal treatment institutions, to take all or some of the following measures, as prescribed by Ordinance of the Ministry of Environment: <Amended on Nov. 26, 2019> |
1. | Vaccination, quarantine, or restriction of movement of wild animals; |
2. | Access control f of visitors and outsiders; |
3. | Culling of wild animals. |
(2) | In any of the following cases, the Minister of Environment and a Mayor/Do Governor shall require the relevant public official prescribed by Ordinance of the Ministry of Environment to cull the relevant wild animal without delay: <Newly Inserted on Nov. 26, 2019> |
1. | Where an institution or organization responsible for the protection and management of wild animals, such as a wild animal treatment institution, fails to comply with a cull order issued under paragraph (1) 3; |
2. | Cases prescribed by Ordinance of the Ministry of Environment, where urgent slaughter is required to prevent the spread of wild animal diseases. |
(3) | The carcasses of wild animals culled under paragraphs (1) and (2) shall be either incinerated or buried without delay, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
(4) | If it is intended to incinerate or bury wild animals pursuant to paragraph (3), measures necessary to prevent contamination of surrounding environment shall be taken, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
(5) | If it is intended to move wild animals incinerated or buried under paragraph (3) to another place, the permission therefor shall be obtained from the Minister of Environment or the competent Mayor/Do Governor. <Amended on Nov. 26, 2019> |
(6) | Matters necessary for targets, details, procedures, methods, etc. of culling, and other relevant matters prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
[This Article Newly Inserted on Mar. 24, 2014]
[Title Amended on Nov. 26, 2019]
Article 34-11 (Prohibition against Excavation) |
(1) | No land where the carcasses of wild animals are buried under Article 34-10 (3) shall be excavated within three years: Provided, That the same shall not apply where permission is obtained from the Minister of Environment or the competent Mayor/Do Governor under Article 34-10 (5). <Amended on Nov. 26, 2019> |
(2) | A Mayor/Do Governor shall install a signpost prescribed by Ordinance of the Ministry of Environment at the land where the excavation is prohibited under paragraph (1). |
[This Article Newly Inserted on Mar. 24, 2014]
Article 34-12 (Control of Wild Animal Diseases in Habitats) |
(1) | In order to prevent the spread of wild animal diseases, the Minister of Environment and a Mayor/Do Governor may take the following measures against habitats, etc. of wild animals, as prescribed by Ordinance of the Ministry of Environment: |
1. | Preventive observation to check whether a wild animal disease has occurred and the degree of spread thereof; |
2. | Prevention of the spread of access control, disinfection, etc. of the place where a wild animal disease occurs, the moving route, etc.; |
3. | Capturing or killing wild animals infected or suspected of being infected with a wild animal disease; |
4. | Other measures the Minister of Environment deems necessary to prevent wild animal diseases and the spread thereof. |
(2) | When a Mayor/Do Governor takes measures under paragraph (1), he or she shall report such fact to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, and inform the head of the National Wild Animal Disease Control Agency and the relevant Mayor/Do Governor thereof. |
[This Article Newly Inserted on Nov. 26, 2019]
Article 34-13 (Qualifications and Authority of Wild Animal Quarantine Officers) |
(1) | The State agency prescribed by Presidential Decree (hereinafter referred to as "wild animal quarantine agency") shall have wild animal quarantine officers perform affairs relating to quarantine of imported wild animals (excluding aquatic animals defined in subparagraph 2 of Article 2 of the Aquatic Organism Disease Control Act; hereafter in this Section the same shall apply) prescribed in this Act. |
(2) | A wild animal quarantine officer prescribed in paragraph (1) (hereinafter referred to as "wild animal quarantine officer") shall be a veterinarian who has received education on the quarantine of wild animals, as prescribed by Ordinance of the Ministry of Environment. |
(3) | The head of a wild animal quarantine agency may commission persons who have completed educational courses prescribed by Ordinance of the Ministry of Environment as the wild animal quarantine inspectors to assist with the duties of the wild animal quarantine officers. In such cases, matters necessary for the credentials, allowances, etc. for the wild animal quarantine inspectors shall be prescribed by Ordinance of the Ministry of Environment. |
(4) | If deemed necessary for quarantine, a wild animal quarantine officer may have access to a ship, aircraft, motor vehicle, train, and bonded area (a bonded area referred to in Article 154 of the Customs Act; hereinafter the same shall apply) and other necessary places that have loaded designated objects for quarantine prescribed in Article 34-14, and may disinfect the facilities or take other necessary measures. |
(5) | A wild animal quarantine officer may inspect the designated objects for quarantine prescribed in Article 34-14, their containers and packaging, and other objects such as travelers' personal effects that are deemed necessary for quarantine (hereinafter referred to as "designated objects, etc. for quarantine"), or make an inquiry to the relevant persons, and collect objects in the minimum quantity necessary for quarantine, without consideration. In such cases, if deemed necessary, the wild animal quarantine officer may take necessary measures, such as disinfection of designated objects, etc. for quarantine. |
(6) | Where a wild animal quarantine officer has access to a place, conducts an inspection, makes inquiries, collects or disinfects the objects, and takes other necessary measures pursuant to paragraph (4) or (5), he or she shall carry identification indicating his or her authority and present it to relevant persons. |
(7) | No person shall refuse, interfere with, or evade necessary measures, such as access, inspection, inquiry, collection, and disinfection, under paragraph (4) or (5) without good cause. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-13
Article 34-14 (Designated Objects for Quarantine) |
Wild animals or objects subject to import quarantine under Article 34-18 shall be any of the following (excluding the designated objects for quarantine under Article 23 of the Aquatic Organism Disease Control Act), as prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "designated objects for quarantine"): 1. | Wild animals and their carcasses; |
2. | The products (excluding processed or sterilized products) of wild animals, such as bones, flesh, skin, eggs, hair, and blood, and their containers or packaging; |
3. | Feed, apparatus, and other objects equivalent thereto that are likely to spread the pathogens of wild animal diseases subject to quarantine. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-14
Article 34-15 (Prohibition of Import) |
(1) | No one shall import any of the following wild animals or objects: Provided, That this shall not apply to wild animals or objects permitted by the Minister of Environment for use in testing and research and survey or in manufacture of medicines for the treatment and prevention of wild animal diseases: |
1. | Wild animals infected with a pathogen that causes a wild animal disease; |
2. | Others publicly notified by the Minister of Environment as necessary to prevent the carriage and spread of wild animal diseases. |
(2) | Where the Minister of Environment grants permission for importation pursuant to the proviso of paragraph (1), the Minister may attach conditions to the methods of importation, ex post facto management of imported wild animals or objects, and other necessary matters. |
(3) | Matters necessary for the procedures for permission under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-15
Article 34-16 (Measures for Objects Import of Which Is Prohibited) |
(1) | Where the designated objects, etc. for quarantine that are imported fall under any of the following subparagraphs, a wild animal quarantine officer may order the freight owner of the imported goods (including an agent; hereinafter the same shall apply) to return them, and if doing so is deemed to interfere with the control of wild animal diseases or deemed impossible, the officer may order the freight owner to incinerate or bury the objects or otherwise dispose of them by a safe means for disease control (hereinafter referred to as "incineration, burial, etc.") determined and publicly notified by the Minister of Environment: |
1. | Where the objects are wild animals or objects the import of which is prohibited under Article 34-15 (1); |
2. | Where the objects do not have the certificate of quarantine attached thereto pursuant to the main clause of Article 34-17 (1); |
3. | Where the objects are decomposed or deteriorated, or are deemed likely to be decomposed or deteriorated; |
4. | Other cases determined and publicly notified by the Minister of Environment, where importation of designated objects, etc. for quarantine is likely to cause a serious hazard to the control of domestic wild animal diseases. |
(2) | Upon receipt of an order issued under paragraph (1), the freight owner of imported goods shall return, incinerate, bury, or otherwise dispose of the designated objects, etc. for quarantine: Provided, That if the person fails to comply with an order by the due date prescribed by Ordinance of the Ministry of Environment, a wild animal quarantine officer may directly incinerate, bury, or dispose of the relevant objects. |
(3) | Notwithstanding paragraph (1), where a wild animal quarantine officer is unable to issue an order pursuant to paragraph (1) because the freight owner of the relevant designated objects, etc. for quarantine is not identified or the whereabout of the freight owner is unknown, the wild animal quarantine officer may directly incinerate, bury, or otherwise dispose of the relevant designated objects, etc. for quarantine. |
(4) | Where a wild animal quarantine officer orders disposal of designated objects, etc. for quarantine pursuant to paragraph (1) or incinerates or buries them directly pursuant to the proviso of paragraph (2) or paragraph (3), he or she shall notify the head of an agency in charge of the customs clearance of the designated objects, etc. for quarantine of such fact. In such cases, if it is deemed necessary to take measures for quarantine, he or she shall also report such fact to the head of a wild animal quarantine agency. |
(5) | Designated objects, etc. for quarantine which shall be returned, incinerated, or buried, or disposed of pursuant to paragraphs (2) and (3) shall not be moved to another place without an instruction from a wild animal quarantine officer. |
(6) | Custody fees and expenses incurred in returning, incineration, burial, disposal, or transportation, etc. of designated objects, etc. for quarantine that are handled under paragraph (2) or (3) shall be borne by the freight owner of the objects: Provided, That where the freight owner is not clearly identified, or his or her whereabout is unknown, or where the relevant designated objects, etc. for quarantine are small in quantity, and thus a wild animal quarantine officer handles them unavoidably, the expenses therefor shall be borne by the national treasury. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-16
Article 34-17 (Attachment of Quarantine Certificate for Import) |
(1) | A person who intends to import designated objects for quarantine shall attach a document issued by a government agency of the exporting country, which certifies that they pose no risk of spreading wild animal diseases subject to quarantine (hereinafter referred to as "certificate of quarantine"): Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Environment, where the objects are imported from a country without a government agency in charge of the quarantine of wild animals. |
(2) | Where deemed necessary for the control of wild animal diseases subject to quarantine, the Minister of Environment may separately determine and publicly notify sanitary conditions, such as details of quarantine and sanitary conditions of the exporting countries that must be included in the certificate of quarantine. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-17
Article 34-18 (Import Quarantine) |
(1) | A person who intends to import a designated object for quarantine shall file an application with the head of a wild animal quarantine agency and undergo quarantine enforced by a wild animal quarantine officer (hereinafter referred to as "import quarantine), as prescribed by Ordinance of the Ministry of Environment: Provided, That a person who imports designated objects for quarantine as traveler's personal effects shall declare the objects to the head of a wild animal quarantine agency having jurisdiction over the relevant airport or port of entry and undergo an import quarantine, immediately after his or her entry, as prescribed by Ordinance of the Ministry of Environment. |
(2) | If an epidemiological investigation or close examination suggests that an object not designated for quarantine is likely to have been contaminated by the pathogens of wild animal diseases subject to quarantine, an wild animal quarantine officer shall conduct an import quarantine without delay. |
(3) | If deemed necessary for effectively implementing an import quarantine, a wild animal quarantine officer may enforce a quarantine on designated objects temporarily kept in a bonded area, even without an application or declaration filed under paragraph (1) or a request from the cargo manager of the bonded area. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-18
Article 34-19 (Limitation on Place of Importation) |
(1) | Designated objects for quarantine shall be imported through the ports, airports, or other places prescribed by Ordinance of the Ministry of Environment: Provided, That the same shall not apply where the head of a wild animal quarantine agency designates a place of importation separately at the request of an importer of the designated objects for quarantine. |
(2) | Matters necessary for filing a request for designation of a separate place of importation and methods for designation under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-19
Article 34-20 (Issuance of Import Quarantine Certificate) |
Where the import quarantine confirms that the designated objects for quarantine are unlikely to spread wild animal diseases subject to quarantine, a wild animal quarantine officer shall issue an import quarantine certificate, as prescribed by Ordinance of the Ministry of Environment: Provided, That where a quarantine officer has enforced a quarantine pursuant to Article 34-18 (2) or (3), he or she shall issue an import quarantine certificate only upon receipt of an application for quarantine. [This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-20
Article 34-21 (Place of Quarantine) |
(1) | An import quarantine shall be enforced at a place of quarantine of a wild animal quarantine agency: Provided, That a quarantine may be enforced at a place of quarantine designated by the head of a wild animal quarantine agency (hereinafter referred to as "designated place of quarantine") in any of the following cases: |
1. | When it is deemed impractical or inappropriate to enforce a quarantine on wild animals or objects subject to import quarantine in the place of quarantine of a wild animal quarantine agency; |
2. | When it is recognized that a pathogen of wild animal disease is not likely to spread in light of the domestic quarantine conditions, etc.; |
(2) | Matters necessary for places eligible to be designated as designated places of quarantine, procedures for such designation, standards for the designation and management of the facilities, equipment, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
(3) | A person who intends to obtain designation as a designated place of quarantine shall separately appoint a veterinarian as a special manager (hereinafter referred to as "quarantine manager"), as prescribed by Ordinance of the Ministry of Environment. |
(4) | Matters necessary for the duties, etc. of a quarantine manager shall be prescribed by Presidential Decree. |
(5) | The head of a wild animal quarantine agency may issue a corrective order to a person whose place designated as a designated place of quarantine falls under any of the following subparagraphs: |
1. | Where the designated place of quarantine falls short of or fails to meet the standards for the designation or management of the facilities, equipment, etc. under paragraph (2); |
2. | Where no quarantine manager has been appointed. |
(6) | If a person whose place of quarantine designated as the designated place of quarantine falls under any of the following subparagraphs, the head of a wild animal quarantine agency may revoke the designation thereof or order a suspension of business for a specified period not exceeding six months: Provided, That if a person falls under subparagraph 1 or 3, its designation shall be revoked: |
1. | If the person's place of quarantine is designated by fraud or other improper means; |
2. | If the person fails to comply with a corrective order issued under paragraph (5); |
3. | If the person is unable to operate a designated place of quarantine due to bankruptcy, closure of business, etc. |
(7) | The standards and procedures for administrative disposition under paragraph (6) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-21
Article 34-22 (Designation of Storage Managers) |
(1) | If deemed necessary for maintaining order in a place of quarantine (including a designated place of quarantine) and safety control of the designated objects for quarantine, the head of a wild animal quarantine agency may designate a storage manager or transport vehicles and similar. |
(2) | Any of the following persons shall not serve as a storage manager under paragraph (1): |
2. | A person in whose case three years have not passed from the date the designation as a storage manager was revoked pursuant to this Act (excluding cases where the designation was revoked because the person falls under subparagraph 1 or 2 of Article 33 of the State Public Officials Act). |
(3) | Where a storage manager designated under paragraph (1) falls under any of the following subparagraphs, the head of a wild animal quarantine agency may revoke the designation: Provided, That in cases falling under subparagraph 1 through 3, the designation shall be revoked: |
1. | Where the storage manager is designated by fraud or other improper means; |
2. | Where the storage manager falls under any of the subparagraphs of paragraph (2); |
3. | Where the storage manager collects the expenses necessary for the management of designated objects for quarantine in violation of paragraph (5); |
4. | Where the storage manager violates the standards for storage management prescribed in paragraph (7). |
(4) | Where a transport vehicle designated under paragraph (1) falls under any of the following subparagraphs, the head of a wild animal quarantine agency may revoke its designation: Provided, That in cases falling under subparagraph 1 through 3, its designation shall be revoked: |
2. | Where the registration of a bonded transportation business entity is revoked pursuant to Article 224 of the Customs Act with respect to the owner of the relevant transport vehicle; |
4. | Where the transport vehicle fails to comply with an order to be disinfected issued under paragraph (6); |
5. | Where the transport vehicle fails to meet the standards for the facilities of transport vehicles prescribed in paragraph (7). |
(5) | A storage manager designated under paragraph (1) may collect expenses incurred in managing the designated objects for quarantine from the freight owner. In such cases, the amount of collection shall be approved by the head of a wild animal quarantine agency in advance. |
(6) | Where deemed necessary for quarantine, the head of a wild animal quarantine agency may order the freight owner or transportation business entity of the designated objects for quarantine to disinfect the designated objects for quarantine or the designated transport vehicles at the expense of the freight owner, as prescribed by Ordinance of the Ministry of Environment. |
(7) | The head of a wild animal quarantine agency may set the standards necessary for transportation (including the standards for facilities of transport vehicles), warehousing and release, and storage management of the designated objects for quarantine, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-22
Article 34-23 (Disposition of Disqualified Objects) |
(1) | If a wild animal quarantine officer discovers any of the following designated objects, etc. for quarantine in the process of enforcing an import quarantine, he or she may order the freight owner to return, incinerate, bury, or otherwise dispose of all or part of such objects: |
1. | The designated objects, etc. for quarantine that fail to comply with the sanitary conditions prescribed in Article 34-17 (2); |
2. | The designated objects, etc. for quarantine found or believed to be contaminated by the pathogens of wild animal diseases subject to quarantine; |
3. | The designated objects, etc. for quarantine found or believed to contain a toxic or hazardous substance; |
4. | The designated objects, etc. for quarantine that are decomposed or deteriorated, which are deemed to cause harm to public sanitation. |
(2) | Upon receipt of an order issued under paragraph (1), a freight owner shall return, incinerate, bury, or otherwise dispose of the designated goods, etc. for quarantine: Provided, That if the freight owner fails to comply with an order by the deadline prescribed by Ordinance of the Ministry of Environment, a wild animal quarantine officer may incinerate, bury, or otherwise dispose of the objects directly. |
(3) | Where the head of a wild animal quarantine agency issues an order to dispose of the designated objects, etc. for quarantine pursuant to paragraph (1) or incinerates, buries, or otherwise disposes of them directly pursuant to the proviso of paragraph (2), he or she shall notify the head of an agency in charge of the customs clearance of the designated objects, etc. for quarantine of such fact. |
(4) | Article 34-16 (6) shall apply mutatis mutandis to expenses incurred in disposing of disqualified designated objects for quarantine pursuant to paragraph (2). |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2024] Article 34-23
CHAPTER III CONSERVATION OF BIOLOGICAL RESOURCES
Article 35 (Registration of Biological Resource Conservation Facilities) |
(1) | Those who intend to install and operate a biological resource conservation facility may register with the Minister of Environment or the competent Mayor/Do Governor after being equipped with facilities and meeting requirements prescribed by Ordinance of the Ministry of Environment: Provided, That an arboretum registered under Article 9 of the Creation and Furtherance of Arboretums Act, shall be deemed a biological resource conservation facility registered under this Act. <Amended on Jul. 28, 2011> |
(2) | When a person operating a registered biological resource conservation facility prescribed in paragraph (1) intends to modify matters prescribed by Ordinance of the Ministry of Environment among the registered matters, he or she shall file for registration of such modification with the Minister of Environment or the Mayor/Do Governor at the seat of the registration. <Amended on Jul. 28, 2011> |
(3) | Matters necessary for the issuance, etc. of registration certificates prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jul. 28, 2011> |
[Title Amended on Jul. 28, 2011]
Article 36 (Revocation of Registration) |
(1) | Where a person who has obtained registration of a biological resource conservation facility prescribed in Article 35 (1) falls under any of the following subparagraphs, the Minister of Environment or a Mayor/Do Governor may revoke such registration: Provided, That where he or she falls under subparagraph 1, the Minister of Environment shall revoke such registration: |
1. | Where registration has been made by fraud or other improper means; |
2. | Where he or she fails to be equipped with the facilities prescribed by Ordinance of the Ministry of Environment pursuant to Article 35 (1) and fails to meet the requirements under that paragraph. |
(2) | Those whose registration has been revoked under paragraph (1) shall return his or her registration certificate to the Minister of Environment or a Mayor/Do Governor within seven days from the date of such revocation. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 37 (Subsidization to Biological Resource Conservation Facilities) |
(1) | Where necessary for the efficient conservation of biological resources, such as wildlife, the Minister of Environment may have endangered wildlife conserved in a biological resource conservation facility registered under Article 35 and may fully or partially subsidize expenses incurred therein, within the budget. |
(2) | The Minister of Environment may fully or partially subsidize expenses, within the budget, incurred by biological resource conservation facilities (excluding arboretums prescribed in Article 4 of the Creation and Furtherance of Arboretums Act) installed by the head of a local government for efficient conservation of biological resources, such as wildlife or for exhibition or education. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 38 (Information Exchange Systems Between Biological Resource Conservation Facilities) |
In order to promote efficient management and use of information on biological resources and to facilitate cooperation between biological resource conservation facilities, the Minister of Environment shall establish an information exchange system that performs the following functions:
1. | Distribution of information and data through a computer information system; |
2. | Exchange of information on biological resources in possession; |
3. | Scientific management of biological resource conservation facilities; |
4. | Other matters concerning cooperation between biological resource conservation facilities. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 39 Deleted. <Nov. 26, 2019> |
Article 40 (Registration of Taxidermists) |
(1) | Those who intend to engage in the business of making or selling stuffed wild animals shall register with the head of a Si/Gun/Gu. The same shall apply when they modify registered matters prescribed by Ordinance of the Ministry of Environment. |
(2) | Persons registered under paragraph (1) (hereinafter referred to as "taxidermist") shall prepare a book stating matters prescribed by Ordinance of the Ministry of Environment, such as the source, kinds, quantity, etc. of stuffed articles (including wild animals for taxidermy; hereinafter the same shall apply). |
(3) | For the protection and reproduction of wild animals, the head of a Si/Gun/Gu may issue necessary orders to taxidermists, such as filing a report on stuffed articles, etc. |
(4) | Matters necessary for registration and issuance of registration certificates prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
(5) | When a taxidermist has violated paragraphs (1) through (3) or any order, the head of a Si/Gun/Gu may suspend business for a period of up to six months or revoke the registration. |
(6) | Those whose registration is revoked under paragraph (5) shall return his or her registration certificate to the head of a Si/Gun/Gu within seven days from the date of such revocation. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 41 Deleted. <Feb. 1, 2012> |
Article 41-2 Deleted. <Feb. 1, 2012> |
CHAPTER IV MANAGEMENT OF HUNTING
Article 42 (Establishment of Hunting Grounds) |
(1) | The head of a Si/Gun/Gu may establish a place for hunting (hereinafter referred to as "hunting ground") in a certain area for the protection of wild animals and healthy hunting activities of the people, as prescribed by Presidential Decree: Provided, That where a hunting ground is needed to be established spanning at least two jurisdictions of a Si/Gun/Gu, it must be established by the competent Mayor/Do Governor, as prescribed by Presidential Decree. |
(2) | No one shall hunt wild animals in a place other than hunting grounds. |
(3) | When a Mayor/Do Governor or head of a Si/Gun/Gu intends to establish a hunting ground, he or she shall, in advance, hear the opinions of the interested parties, such as land owners, etc. and when he or she has established a hunting ground, he or she shall provide a public notice of such fact without delay. |
(4) | Where it is necessary for the protection of wild animals after establishment of a hunting ground, a Mayor/Do Governor or head of a Si/Gun/Gu may cancel or modify the establishment of the hunting ground, and upon so cancelling or modifying the establishment of the hunting ground, he or she shall provide a public notice of such fact without delay. |
(5) | Where a Mayor/Do Governor or head of a Si/Gun/Gu intends to establish a hunting ground under paragraph (1), he or she shall obtain approval from the Minister of Environment. The same shall apply to the modification or cancellation of the establishment of the hunting ground. |
(6) | When a Mayor/Do Governor or head of a Si/Gun/Gu has established a hunting ground prescribed in paragraph (1), he or she shall take necessary measures such as installation of signboards to easily inform local residents thereof and prepare facilities, equipment, etc. necessary to prevent danger from hunting and for the healthy hunting activities of users, and formulate the management regulations of the hunting ground. <Amended on Feb. 3, 2015> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 43 (Designation of Game Animals) |
(1) | The Minister of Environment shall designate and publicly notify game animals (hereinafter referred to as "game animal") that can be hunted in the hunting grounds. |
(2) | Where the Minister of Environment or the head of a Si/Gun/Gu intends to restrict hunting in a hunting ground for the protection and reproduction of game animals, he or she shall determine and publicly notify a period during which game animals can be captured (hereinafter referred to as "hunting season"), types and quantity of game animals in the relevant hunting ground, hunting implements, hunting method, number of hunters, etc. |
(3) | The Minister of Environment shall periodically investigate the kinds of wild animals, the density of habitation, etc. for the designation of game animals. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 44 (Hunting Licenses) |
(1) | Anyone who intends to hunt game animals in hunting grounds shall obtain a license from the head of a Si/Gun/Gu having jurisdiction over his or her address, as prescribed by Presidential Decree. |
(2) | The types of hunting licenses shall be as follows: |
1. | Class 1 hunting license: Hunting with firearms; |
2. | Class 2 hunting license: Hunting with hunting implements other than firearms. |
(3) | Those who have obtained a hunting license prescribed in paragraph (1) shall renew the hunting license every five years, as prescribed by Ordinance of the Ministry of Environment. |
(4) | Those who intend to obtain a hunting license prescribed in paragraph (1), to renew a hunting license under paragraph (3), or to have a hunting license reissued under Article 48 (3) shall pay a fee prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 45 (Hunting License Examinations) |
(1) | Those who intend to obtain hunting licenses shall pass an examination administered by a Mayor/Do Governor on matters prescribed by Ordinance of the Ministry of Environment, such as statutes or regulations concerning hunting by type of hunting license under Article 44 (2). |
(2) | The methods of administering hunting license examinations prescribed in paragraph (1), procedures therefor, and other necessary matters shall be prescribed by Presidential Decree. |
(3) | Those who intend to take a hunting license examination prescribed in paragraph (1) shall pay a fee prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 46 (Grounds for Disqualification) |
None of the following persons can obtain a hunting license: <Amended on Oct. 16, 2018; Nov. 26, 2019>
5. | A person for whom two years have not passed since his or her imprisonment without labor or greater punishment declared by a court for violation of this Act was completely executed (including cases where enforcement was deemed completed) or exempted; |
6. | A person who is under suspension of the execution of his imprisonment without labor or greater punishment declared by a court for violation of this Act; |
7. | A person for whom one year has not passed since his or her hunting license was revoked pursuant to Article 49 (excluding cases where his or her license is revoked because he or she falls under subparagraph 1 of this Article). |
[This Article Wholly Amended on Jul. 28, 2011]
Article 47 (Training Courses for Hunting) |
(1) | Those who intend to obtain a hunting license shall take lessons about the history and culture of hunting, safety regulations to comply with at the time of hunting, etc. at a specialized agency designated by the Minister of Environment (hereinafter referred to as "hunting training agency"), as prescribed by Ordinance of the Ministry of Environment, after passing the hunting license examination prescribed in Article 45 (1). |
(2) | Each person who intends to have his or her hunting license renewed under Article 44 (3) shall take lessons about safety regulations to be observed while hunting, statutes or regulations on hurting and hunting procedures including others at a hunting training agency under Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 3, 2015> |
(3) | The head of a hunting training agency shall issue a certificate of completion of training courses to each person who has taken lessons prescribed in paragraphs (1) and (2). <Amended on Feb. 3, 2015> |
(4) | The head of a hunting training agency may collect rates prescribed by Ordinance of the Ministry of Environment from those who intend to take hunting lessons prescribed in paragraphs (1) and (2). <Amended on Feb. 3, 2015> |
(5) | Necessary matters such as criteria for designation of a hunting training agency, issuance of designation certificates, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 3, 2015> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 47-2 (Revocation of Designation of Hunting Training Agencies) |
(1) | Where a hunting training agency falls under any of the following, the Minister of Environment may revoke designation thereof: Provided, That he or she shall revoke such designation in cases falling under subparagraph 1: <Amended on Feb. 3, 2015> |
1. | Where an agency has been designated by fraud or other improper means; |
2. | Where an agency has issued a certificate of course completion to a person who has not taken hunting lessons prescribed in Article 47 (1) and (2); |
3. | Where an agency fails to fulfill any of the requirements, such as the criteria for designation prescribed by Ordinance of the Ministry of Environment pursuant to Article 47 (5). |
(2) | A person whose designation has been revoked pursuant to paragraph (1) shall return his or her certificate of designation to the Minister of Environment within seven days from the date of such revocation. |
[This Article Newly Inserted on Jul. 28, 2011]
Article 48 (Issuance of Hunting Licenses) |
(1) | The head of a Si/Gun/Gu shall issue a hunting license certificate, as prescribed by Ordinance of the Ministry of Environment, to those who have passed the hunting license examination prescribed in Article 45 (1) and have been issued a certificate of course completion prescribed in Article 47 (3). <Amended on Feb. 3, 2015> |
(2) | A hunting license shall become effective from the time a certificate of a hunting license under paragraph (1) is issued to the principal or his or her agent, and no certificate of a hunting license issued shall be leased to another person. |
(3) | When the certificate of a hunting license prescribed in paragraph (1) is lost or is defaced because of damage, it shall be re-issued, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 49 (Revocation and Suspension of Hunting Licenses) |
(1) | If a person who has obtained a hunting license falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke the hunting license, or suspend the hunting license for a specified period not exceeding one year: Provided, That where he or she falls under subparagraphs 1 and 2, the head of a Si/Gun/Gu shall revoke the hunting license: <Amended on Mar. 24, 2014; Jun. 10, 2022> |
1. | Where he or she has obtained the hunting license by fraud or other improper means; |
2. | Where he or she falls under subparagraphs 1 through 6 of Article 46; |
3. | Where he or she has harmed the life, body, or property of another person by intention or negligence, in the processing of hunting or capturing harmful wild animals prescribed in Article 23; |
4. | Where he or she has committed a crime with hunting implements; |
5. | Where he or she has captured an endangered wild animal in violation of Article 14 (1) or (2); |
6. | Where he or she has captured a wild animal in violation of Article 19 (1) or (3); |
7. | Where he or she has captured a harmful wild animal in violation of Article 23 (1); |
8. | Where he or she has failed to renew a hunting license in violation of Article 44 (3); |
9. | Where he or she has hunted a wild animal, in violation of Article 50 (1); |
10. | Where he or she has hunted a wild animal at a place or time falling under any subparagraph of Article 55. |
(2) | Any person subject to disposition for revocation of his or her hunting license or disposition for suspension of his or her hunting license prescribed in paragraph (1) shall return the hunting license to the head of a Si/Gun/Gu within seven days from the date he or she was issued such disposition of revocation or disposition of suspension. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 50 (Approval for Hunting) |
(1) | Those who intend to hunt game animals in a hunting ground shall pay hunting ground usage fees to a person who has established the hunting ground (hereinafter referred to as "establisher of a hunting ground") pursuant to Article 42 (1), as prescribed by Ordinance of the Ministry of Environment, and obtain approval for hunting. |
(2) | Those who have hunted game animals with approval for hunting pursuant to paragraph (1) shall affix a mark indicating a game animal to the animal they have hunted, as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
(3) | The establisher of a hunting ground shall use the revenue, such as hunting ground usage fees, etc. for the installation and maintenance of hunting ground facilities, and for a project prescribed by Presidential Decree: Provided, That an amount of up to 40/100 of the revenue may be used as the financial source for revenue of special accounts for environmental improvement prescribed in the Framework Act on Environmental Policy, and an amount of up to 10/100 of the revenue may be used as the financial source for revenue of accounts for forestry promotion projects under the Act on Special Accounts for the Structural Improvement of Agricultural and Fishing Villages. <Amended on Mar. 11, 2014> |
(4) | Each establisher of a hunting ground shall file a report on operational performance of the hunting ground to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 51 (Hunting Insurance) |
Those who intend to hunt game animals in a hunting ground shall be insured, as prescribed by Presidential Decree, to compensate for damage if they inflict harm on the safety, health, or property of a third party due to hunting.
[This Article Wholly Amended on Jul. 28, 2011]
Article 52 (Duty of Carrying Certificates of Hunting Licenses) |
Those who intend to hunt game animals in a hunting ground shall carry a certificate of a hunting license prescribed in Article 48 (1). [This Article Wholly Amended on Jul. 28, 2011]
Article 53 (Entrusted Management of Hunting Grounds) |
(1) | Where necessary for the protection and reproduction of game animals and the efficient management of hunting grounds, the establisher of a hunting ground may entrust the management and operation of the hunting ground to a person meeting the requirements prescribed by Presidential Decree. |
(2) | When the establisher of a hunting ground entrusts the management and operation of the hunting ground as prescribed in paragraph (1), he or she shall file a report thereon to the Minister of Environment, as prescribed by Presidential Decree. |
(3) | Each person who has been entrusted with the management and operation of a hunting ground as prescribed in paragraph (1), shall take necessary measures such as installation of signboards to easily informed local residents thereof and prepare facilities, equipment, etc. necessary for the prevention of danger from hunting and for the healthy hunting activities of users, determine the management regulations of hunting ground and obtain approval from the establisher of a hunting ground, and file a report on operational performance of the hunting ground to the establisher of the hunting ground. <Amended on Feb. 3, 2015> |
(4) | Matters necessary for the facilities and equipment of a hunting ground, and statement of management regulations of a hunting ground and filing reports on operational performance of a hunting ground prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 54 (Areas Where Establishment of Hunting Grounds is Restricted) |
None of the following areas shall be designated as a hunting ground:
1. | Special protection districts and protection districts; |
11. | Precincts of a tomb, temple, or church; |
12. | Other places prescribed by Ordinance of the Ministry of Environment for protection, etc. of wild animals. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 55 (Hunting Restrictions) |
Hunting shall be prohibited at any of the following places and times, even in a hunting ground: <Amended on Jan. 14, 2014; Feb. 3, 2015>
1. | Vicinity of towns or human habitation, or other places where people frequent or gather, prescribed by Ordinance of the Ministry of Environment; |
2. | Between sunset and sunrise; |
3. | Automobile, vessel, or aircraft in motion; |
4. | Places within 100 meters from a road defined in subparagraph 1 of Article 2 of the Road Act: Provided, That when hunting takes place on the side of a road, it shall include places located within 600 meters from the road; |
6. | A third party's land enclosed with a fence or on which crops are cultivated: Provided, That the same shall apply where he or she has obtained approval from the occupier; |
7. | Other places and time prescribed by Ordinance of the Ministry of Environment, which are apprehended to inflict harm on human life, livestock, cultural heritage, buildings, automobiles, rolling stock, vessels, or aircraft. |
[This Article Wholly Amended on Jul. 28, 2011]
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 56 (Reporting and Examination) |
(1) | Where necessary, the Minister of Environment and a Mayor/Do Governor, and the head of the national wild animal disease control agency may order any of the following persons (limited to a person prescribed in subparagraph 6, in cases of the Mayor/Do Governor) to file a report or to submit data, as prescribed by Presidential Decree, and require a relevant public official to enter the office, place of business, etc. of the relevant business operator to examine any book, document, animal, or plant (including collection, etc. of blood and hair roots), or other objects or to ask questions to interested parties: <Amended on Jul. 16, 2013; Nov. 26, 2019> |
1. | An operator of an ex-situ conservation institution; |
2. | A person permitted to capture, collect, etc. endangered wildlife, as prescribed in the proviso of Article 14 (1); |
3. | A person who has filed a report on the custody of endangered wildlife as prescribed in Article 14 (5); |
4. | A person permitted to export, import, remove, or bring in globally endangered species and products processed therefrom, as prescribed in Article 16 (1), or who has filed a report on transfer and receipt, disease, death, etc. as prescribed in Article 16 (6); |
5. | Deleted; <Feb. 1, 2012> |
6. | A person with a biological resource conservation facility registered, as prescribed in Article 35 (1); |
7. | Deleted; <Feb. 1, 2012> |
8. | A person with a breeding facility registered prescribed in Article 16-2 (1); |
9. | A person who has captured, collected, etc. endangered wildlife, globally endangered species or wildlife, the capture of which is prohibited under Article 19 (1), in violation of this Act. |
(2) | Where it is necessary to verify whether a person permitted to capture, collect, etc. endangered wildlife, as prescribed in the proviso of Article 14 (1) has captured and collected them illegally, whether the duty to carry a certificate of a hunting license, as prescribed in Article 52 is performed, etc., the Minister of Environment or the head of a local government may require affiliated public officials to examine the endangered wildlife that has been captured, collected, etc., and whether he or she is carrying a certificate of a hunting license, etc. |
(3) | In order to take necessary measures, such as protective measures, return, confiscation, etc. prescribed in Articles 17 and 71, the Minister of Environment or the head of a relevant administrative agency may require affiliated public officials to enter a place where globally endangered species and products processed therefrom exist to examine the animal or plant (including collection, etc. of blood and hair roots), related documents and other necessary articles. <Amended on Jul. 16, 2013> |
(4) | Public officials who enter a place or conduct an examination, as prescribed in paragraphs (1) through (3) shall carry a certificate indicating his or her authority and produce it to relevant parties. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 56 (Reporting and Examination) |
(1) | The Minister of Environment and a Mayor/Do Governor, and the head of the national wild animal disease control agency may, if necessary, order any of the following persons (the Mayor/Do Governor may do so limited to a person referred to in subparagraph 6) to file a report or submit data as prescribed by Presidential Decree, and require a relevant public official to enter the office, place of business, etc. of the relevant business entity to examine the relevant books, documents, animals or plants (including collection of blood and hair roots and similar), or other objects, or to ask questions to relevant persons: <Amended on Jul. 16, 2013; Nov. 26, 2019; Dec. 13, 2022> |
1. | An operator of an ex-situ conservation institution; |
2. | A person permitted to capture, collect, etc. endangered wildlife, as prescribed in the proviso of Article 14 (1); |
3. | A person who has filed a report on the custody of endangered wildlife as prescribed in Article 14 (5); |
4. | A person permitted to export, import, remove, or bring in globally endangered species and products processed therefrom, as prescribed in Article 16 (1), or who has filed a report on transfer and receipt, disease, death, etc. as prescribed in Article 16 (6); |
4-2. | A person who has obtained permission for wild animal business pursuant to Article 22-5 (1); |
5. | Deleted; <Feb. 1, 2012> |
6. | A person with a biological resource conservation facility registered, as prescribed in Article 35 (1); |
7. | Deleted; <Feb. 1, 2012> |
8. | A person with a breeding facility registered prescribed in Article 16-2 (1); |
9. | A person who has captured, collected, etc. endangered wildlife, globally endangered species or wildlife, the capture of which is prohibited under Article 19 (1), in violation of this Act. |
(2) | Where it is necessary to verify whether a person permitted to capture, collect, etc. endangered wildlife, as prescribed in the proviso of Article 14 (1) has captured and collected them illegally, whether the duty to carry a certificate of a hunting license, as prescribed in Article 52 is performed, etc., the Minister of Environment or the head of a local government may require affiliated public officials to examine the endangered wildlife that has been captured, collected, etc., and whether he or she is carrying a certificate of a hunting license, etc. |
(3) | In order to take necessary measures, such as protective measures, return, confiscation, etc. prescribed in Articles 17 and 71, the Minister of Environment or the head of a relevant administrative agency may require affiliated public officials to enter a place where globally endangered species and products processed therefrom exist to examine the animal or plant (including collection, etc. of blood and hair roots), related documents and other necessary articles. <Amended on Jul. 16, 2013> |
(4) | Public officials who enter a place or conduct an examination, as prescribed in paragraphs (1) through (3) shall carry a certificate indicating his or her authority and produce it to relevant parties. |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: Dec. 14, 2024] Article 56
Article 57 (Monetary Awards) |
The Minister of Environment or the head of a local government may grant a monetary award, as prescribed by Presidential Decree, to a person who has filed a report, or accusation of any violation to an environmental administrative agency or investigation agency against another any of the following persons before he or she was detected by the relevant agency, or to a person who has personally arrested him or her at the scene of violation, filed a report on illegally captured wild animals, etc., collected illegal capturing devices, or filed a report on a wild animal confirmed to be, or is likely to be, infected by a disease (including dead wild animals): <Amended on Feb. 1, 2012; Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019>
1. | A person who has acquired, transferred, received, transported, or kept wild animals illegally captured, imported, or brought in and foods or products processed therefrom, in violation of Article 9 (1), or has abided or abetted such conduct; |
2. | A person who has made, sold, possessed, or kept snares, traps, nooses, or other implements with which it is possible to capture wild animals in violation of Article 10; |
3. | A person who has captured, collected, etc. endangered wildlife, in violation of Article 14 (1); |
4. | A person who has laid or used explosives, snares, traps, nooses, pitfalls, electric power or nets, or has scattered or injected poisonous objects, agrochemical, or similar objects to capture or collect, etc. endangered wildlife, in violation of Article 14 (2); |
5. | A person who has exported, imported, removed, or brought in globally endangered species and products processed therefrom without permission, in violation of Article 16 (1); |
6. | A person who has captured, collected, or killed wildlife, in violation of Article 19 (1), or has laid or used explosives, snares, traps, nooses, pitfalls, electric power or nets, or has scattered or injected poisonous objects, agrochemical, or similar objects in order to capture, collect, or kill wildlife, in violation of Article 19 (3); |
7. | A person who has exported, imported, removed, or brought in wildlife and products processed therefrom, in violation of Article 21 (1); |
8. | A person who has imported, brought in, bred, cultivated, set loose, transplanted, transferred, received, kept, transported, or distributed living things disturbing the ecosystem, in violation of Article 24 (1) of the Act on the Conservation and Use of Biological Diversity; |
9. | A person who has hunted animals in a place other than the hunting grounds in violation of Article 42 (2); |
10. | A person who has hunted animals other than game animals designated and publicly notified pursuant to Article 43 (1); |
11. | A person who has hunted animals other than during the hunting season designated and publicly notified pursuant to Article 43 (2) and has failed to comply with matters designated and publicly notified to restrict hunting in the hunting grounds; |
12. | A person who has hunted animals without obtaining approval from the establisher of a hunting ground, in violation of Article 50 (1); |
13. | A person who has not abided by the restrictions on hunting in violation of Article 55; |
14. | A person who carries any firearm and live ammunition together for the purposes of capturing wild animals in violation of this Act; |
15. | A person who has failed to comply with an order to vaccinate, quarantine, restrict movement, control access, or to cull issued under Article 34-10 (1). |
[This Article Wholly Amended on Jul. 28, 2011]
Article 57 (Monetary Awards) |
The Minister of Environment or the head of a local government may grant a monetary award, as prescribed by Presidential Decree, to a person who files a report on, or accusation of, any of the following persons before he or she is detected by the relevant environmental administrative agency or investigation agency; who directly arrests any of the following person at the scene of violation; who files a report on illegally captured wild animals, etc.; who collects illegal capturing devices; or who files a report on wild animals (including dead wild animals) found or believed to be infected with a disease: <Amended on Feb. 1, 2012; Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019; May, 18, 2021>
1. | A person who has acquired, transferred, received, transported, or kept wild animals illegally captured, imported, or brought in and foods or products processed therefrom, in violation of Article 9 (1), or has abided or abetted such conduct; |
2. | A person who has made, sold, possessed, or kept snares, traps, nooses, or other implements with which it is possible to capture wild animals in violation of Article 10; |
3. | A person who has captured, collected, etc. endangered wildlife, in violation of Article 14 (1); |
4. | A person who has laid or used explosives, snares, traps, nooses, pitfalls, electric power or nets, or has scattered or injected poisonous objects, agrochemical, or similar objects to capture or collect, etc. endangered wildlife, in violation of Article 14 (2); |
5. | A person who has exported, imported, removed, or brought in globally endangered species and products processed therefrom without permission, in violation of Article 16 (1); |
6. | A person who has captured, collected, or killed wildlife, in violation of Article 19 (1), or has laid or used explosives, snares, traps, nooses, pitfalls, electric power or nets, or has scattered or injected poisonous objects, agrochemical, or similar objects in order to capture, collect, or kill wildlife, in violation of Article 19 (3); |
7. | A person who has exported, imported, removed, or brought in wildlife and products processed therefrom, in violation of Article 21 (1); |
8. | A person who has imported, brought in, bred, cultivated, set loose, transplanted, transferred, received, kept, transported, or distributed living things disturbing the ecosystem, in violation of Article 24 (1) of the Act on the Conservation and Use of Biological Diversity; |
8-2. | A person who has imported designated object for quarantine without undergoing an import quarantine, in violation of Article 34-18 (1); |
9. | A person who has hunted animals in a place other than the hunting grounds in violation of Article 42 (2); |
10. | A person who has hunted animals other than game animals designated and publicly notified pursuant to Article 43 (1); |
11. | A person who has hunted animals other than during the hunting season designated and publicly notified pursuant to Article 43 (2) and has failed to comply with matters designated and publicly notified to restrict hunting in the hunting grounds; |
12. | A person who has hunted animals without obtaining approval from the establisher of a hunting ground, in violation of Article 50 (1); |
13. | A person who has not abided by the restrictions on hunting in violation of Article 55; |
14. | A person who carries any firearm and live ammunition together for the purposes of capturing wild animals in violation of this Act; |
15. | A person who has failed to comply with an order to vaccinate, quarantine, restrict movement, control access, or to cull issued under Article 34-10 (1). |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: May 19, 2024] Article 57
Article 57-2 (Compensation) |
(1) | The State or local governments shall pay compensation to any of the following persons, as prescribed by Presidential Decree: |
1. | The owner of a wild animal who dies or is injured due to vaccination under Article 34-10 (1) 1; |
2. | A person who has incurred losses due to an order to control access under Article 34-10 (1) 2; |
(2) | In paying compensation to any of the following persons pursuant to paragraph (1), the State or a local government may reduce all or some of compensation under paragraph (1), as prescribed by Presidential Decree: <Amended on Jun. 22, 2015; Oct. 31, 2017; Dec. 31, 2018> |
1. | Where it fails to file a report, in violation of Article 34-6 (1), knowing that a wild animal is confirmed to be infected or has a ground to suspect that it is infected by a disease; |
2. | A person who rejects, interferes with, or evades an epidemiological investigation without just cause, in violation of Article 34-9 (2); |
3. | A person who fails to comply with an order to vaccinate, quarantine, control access, or to cull issued under Article 34-10 (1). |
[This Article Newly Inserted on Nov. 26, 2019]
Article 58 (Financial Assistance) |
For the purpose of this Act, the State may subsidize all or some of the expenses incurred in conducting any of the following business within the budget to the local governments or the protection and management agencies for wildlife or the wildlife protection organizations prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 24, 2014; Nov. 26, 2019; Jun. 10, 2022>
1. | Investigations into the distribution of habitation of wildlife; |
2. | Research on the breeding, reproduction, restoration, etc. of wildlife and exhibition and education on wildlife for the efficient conservation of biological resources; |
3. | Deleted; <Feb. 1, 2012> |
4. | Prevention of illegal capture, collection, etc. of wildlife, and control of hunting; |
5. | Prevention of damage from wild animals and compensation therefor; |
6. | Research on diseases of wild animals, and rescue and medical treatment thereof; |
6-2. | Epidemiologic investigation, vaccination, culling, and incineration and burial of the carcasses; |
6-3. | Measures to prevent the spread of wild animal diseases, such as access control and disinfection to habitats, etc.; |
7. | Management of protection districts; |
8. | Other projects necessary to protect wildlife. |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
Article 58 (Financial Assistance) |
For the purpose of this Act, the State may subsidize all or some of the expenses incurred in conducting any of the following business within the budget to the local governments or the protection and management agencies for wildlife or the wildlife protection organizations prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 24, 2014; Nov. 26, 2019; Jun. 10, 2022; Dec. 13, 2022>
1. | Investigations into the distribution of habitation of wildlife; |
2. | Research on the breeding, reproduction, restoration, etc. of wildlife and exhibition and education on wildlife for the efficient conservation of biological resources; |
3. | Deleted; <Feb. 1, 2012> |
4. | Prevention of illegal capture, collection, etc. of wildlife, and control of hunting; |
4-2. | Protection and management of abandoned or confiscated wild animals; |
5. | Prevention of damage from wild animals and compensation therefor; |
6. | Research on diseases of wild animals, and rescue and medical treatment thereof; |
6-2. | Epidemiologic investigation, vaccination, culling, and incineration and burial of the carcasses; |
6-3. | Measures to prevent the spread of wild animal diseases, such as access control and disinfection to habitats, etc.; |
7. | Management of protection districts; |
8. | Other projects necessary to protect wildlife. |
[This Article Wholly Amended on Jul. 28, 2011]
[Title Amended on Mar. 24, 2014]
[Enforcement Date: Dec. 14, 2024] Article 58
Article 58-2 (Wildlife Management Association) |
(1) | In order to perform business affairs for the protection and management of wildlife, the Wildlife Management Association (hereinafter referred to as the "Association") may be established: <Amended on Feb. 1, 2012> |
1. | Assistance in the duty of protection, such as prohibition against poaching, clandestine transaction of wild animals and endangered plants; |
3. | Management of hunting, such as assistance in the operation of hunting grounds; |
4. | Education and marketing on protection and management of wildlife, such as training courses for hunting. |
(2) | The Association shall be incorporated as a corporation. |
(3) | Those who can be a member of the Association shall be holders of a hunting license prescribed in Article 44 and those who are willing to actively participate in the protection and management of wildlife. |
(4) | Expenses incurred in performing the business affairs of the Association shall be appropriated from membership fees, revenues from business affairs, etc. |
(5) | The State or local governments may bear some of the expenses incurred by the Association within the budget. |
(6) | Where necessary for supervision of the Association, the Minister of Environment may require the Association to file a report on performance of duties or to submit data, and may require affiliated public officials to examine the duty. <Amended on May 26, 2020> |
(7) | The provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to any matters concerning the Association that are not provided by this Act. |
[This Article Wholly Amended on Jul. 28, 2011]
Any person who intends to obtain any of the following permits, registration, etc., shall pay a fee prescribed by Ordinance of the Ministry of Environment:
1. | Permit to export, import, remove, or bring in globally endangered species prescribed in Article 16 (1); |
2. | Registration, registration of modification, or reports on modification, of a breeding facility for globally endangered species prescribed in Article 16-2 (1) or (2). |
[This Article Newly Inserted on Jul. 16, 2013]
Article 59 (Wildlife Wardens) |
(1) | The Minister of Environment or the head of a local government may appoint wildlife wardens to assist public officials in charge of the duty of protection, management, and hunting of endangered wildlife, living things disturbing the ecosystem defined in subparagraph 8 of Article 2 of the Act on the Conservation and Use of Biological Diversity, harmful wild animals, etc. <Amended on Feb. 1, 2012> |
(2) | Matters such as the qualification, appointment and scope of duty of wildlife wardens prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 60 (Disqualification of Wildlife Wardens) |
None of the following persons may become a wildlife warden: <Amended on Mar. 24, 2014>
1. | A person under adult guardianship; |
2. | A person declared bankrupt and not yet reinstated; |
3. | A person for whom three years have not passed since his or her imprisonment without labor or greater punishment declared by a court for violation of this Act was completely executed (including cases where such sentence was deemed completed) or exempted; |
4. | A person who is under suspension of the execution of his imprisonment without labor or greater punishment declared by a court for violation of this Act; |
[This Article Wholly Amended on Jul. 28, 2011]
Article 61 (Honorary Wildlife Wardens) |
The Minister of Environment or the head of a local government may appoint a person prescribed by Ordinance of the Ministry of Environment, such as the members of an organization relating to the protection of wildlife, as a wildlife warden.
[This Article Wholly Amended on Jul. 28, 2011]
Article 62 (Dismissal or Revoking Appointment of Wildlife Wardens) |
Where a wildlife warden prescribed in Article 59 (1) or an honorary wildlife warden prescribed in Article 61 falls under any of the following subparagraphs, the Minister of Environment or the head of a local government may dismiss him or her or revoke his or her appointment: Provided, That where he or she falls under subparagraph 1 or 2, he or she shall be dismissed or his or her appointment shall be revoked: 1. | When a wildlife warden falls under any of the subparagraphs of Article 60; |
2. | When an honorary wildlife warden loses membership in the organization under Article 61; |
3. | When he or she is negligent, or incompetent in performing his or her duties; |
4. | When he or she disobeys an order to perform a duty. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 63 (Standards for Administrative Disposition) |
Standards for administrative dispositions prescribed in Articles 7-2 (1), 15 (1), 16-8 (2), 17 (1), 20 (1), 22, 23-2 (1), 34-5 (1), 34-7 (7), 36 (1), 40 (5), 47-2 (1), and 49 (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; Jul. 16, 2013; Mar. 24, 2014; Nov. 26, 2019> [This Article Wholly Amended on Jul. 28, 2011]
Article 63 (Standards for Administrative Disposition) |
Standards for administrative dispositions prescribed in Articles 7-2 (1), 15 (1), 16-8 (2), 17 (1), 20 (1), 22, 22-3, 22-9 (1) and (2), 23-2 (1), 34-5 (1), 34-7 (7), 36 (1), 40 (5), 47-2 (1), and 49 (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; Jul. 16, 2013; Mar. 24, 2014; Nov. 26, 2019; Dec. 13, 2022> [This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: Dec. 14, 2025] Article 63
Article 63-2 (Succession to Effects of Administrative Measures) |
When a person who keeps and manages wild animals or plants prescribed in this Act transfers the relevant facility, dies, or merges the corporation, the effect of administrative measures taken against the former manager shall be succeeded by the transferee, inheritor, or the corporation newly established or surviving the merger for one year from the date the duration of measures is terminated; and when the process of the administrative measures is in progress, it can remain in effect against the transferee, inheritor, or the corporation newly incorporated in the course of or surviving the merger: Provided, That the same shall not apply where the transferee or the corporation newly incorporated in the course of or surviving the merger proves that it was unaware of the disposition or violation at the time the acquisition or merger was conducted.
[This Article Newly Inserted on Jul. 16, 2013]
The Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of the national wild animal disease control agency shall hold a hearing in order to revoke designation, approval, permission, registration, or license prescribed in Article 7-2 (1), 15 (1), 16-8 (1) and (2), 17 (1), 20 (1), 22, 23-2 (1), 34-5 (1), 34-7 (7), 36 (1), 40 (5), 47-2 (1), or 49 (1). <Amended on Feb. 1, 2012; Jul. 16, 2013; Mar. 24, 2014; Nov. 26, 2019> [This Article Wholly Amended on Jul. 28, 2011]
The Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the national wild animal disease control agency, or the head of a wild animal quarantine agency shall hold a hearing before revoking designation, approval, permission, registration, or license pursuant to Articles 7-2 (1), 15 (1), 16-8 (1) and (2), 17 (1), 20 (1), 22, 22-3, 22-9 (1) and (2), 23-2 (1), 34-5 (1), 34-7 (7), 34-21 (6), 34-22 (3) and (4), 36 (1), 40 (5), 47-2 (1), or 49 (1). <Amended on Feb. 1, 2012; Jul. 16, 2013; Mar. 24, 2014; Nov. 26, 2019; May 18, 2021> [This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: May 19, 2024] Article 64
Article 65 (Agency in Charge of Marine Natural Environment) |
(1) | The Minister of Oceans and Fisheries may request the Minister of Environment to designate marine life in danger of extinction due to a sharp population decline as endangered wildlife. In such cases, the Minister of Environment shall accept it unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013> |
(2) | Where the Minister of Environment intends to establish mid-term and long-term conservation policies on marine life as prescribed in Article 13 (1), he or she shall have a prior consultation with the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(3) | "Minister of Environment" shall be construed as "Minister of Oceans and Fisheries" for the purposes of matters relating to the marine natural environment prescribed in Articles 7 and 56. <Amended on Feb. 1, 2012; Mar. 23, 2013> |
(4) | Deleted. <Feb. 1, 2012> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 66 (Delegation and Entrustment) |
(1) | Part of the authority of the Minister of Environment or the Minister of Oceans and Fisheries bestowed under this Act may be delegated to the head of an affiliated agency or the head of a local government, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
(2) | Part of the authority of a Mayor/Do Governor prescribed in this Act may be delegated to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
(3) | The Minister of Environment or a Mayor/Do Governor may entrust some of his or her duties bestowed under this Act to the Association or relevant specialized agencies, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 66-2 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Jul. 28, 2011]
CHAPTER VI?PENALTY PROVISIONS
Article 67 (Penalty Provisions) |
(1) | Any person who captures, collects, damages, or kills Class I endangered wildlife, in violation of Article 14 (1), shall be punished by imprisonment with labor for not more than five years or by a fine of at least 5 million won but not exceeding 50 million won. <Amended on Mar. 24, 2014; Dec. 12, 2017> |
(2) | Any person who repeatedly commits any crime prescribed in paragraph (1) shall be punished by imprisonment with labor for not more than seven years. In such cases, a fine not exceeding 70 million won may be imposed concurrently. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 68 (Penalty Provisions) |
(1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine of not less than three million won but not exceeding 30 million won: <Amended on Jul. 16, 2013; Mar. 24, 2014; Dec. 12, 2017; May 18, 2021> |
1. | A person who treats wild animals with cruelty, leading them to death, in violation of Article 8 (1); |
2. | A person who captures, collects, damages, or kills Class II endangered wildlife, in violation of Article 14 (1); |
3. | A person who processes, distributes, keeps, exports, imports, removes, or brings in Class I endangered wildlife, in violation of Article 14 (1); |
4. | A person who lays or uses explosives, snares, traps, nooses, pitfalls, electric power, or nets, or scattered or injected poisonous objects, agrochemical, or similar objects to capture, collect, etc. endangered wildlife, in violation of Article 14 (2); |
5. | A person who exports, imports, removes, or brings in globally endangered species or products processed therefrom, in violation of Article 16 (1); |
5-2. | A person who reproduces any globally endangered species without obtaining permission for artificial reproduction, in violation of the proviso of Article 16 (7); |
6. | A person who engages in a damaging act in a special protection district, in violation of Article 28 (1); |
7. | A person who fails to obtain the modification registration of the breeding facility prescribed in Article 16-2 (1) or obtains the modification registration by fraud. |
(2) | Any person who repeatedly commits any crimes prescribed in paragraph (1) 1, 2, 4, or 5-2 shall be punished by imprisonment with labor for not more than five years. In such cases, a fine not exceeding 50 million won may be imposed concurrently. <Amended on Mar. 24, 2014; Dec. 12, 2017; Jun. 10, 2022> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 68 (Penalty Provisions) |
(1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine of at least three million won but not exceeding 30 million won: <Amended on Jul. 16, 2013; Mar. 24, 2014; Dec. 12, 2017; May 18, 2021> |
1. | A person who treats wild animals with cruelty, leading them to death, in violation of Article 8 (1); |
2. | A person who captures, collects, damages, or kills Class II endangered wildlife, in violation of Article 14 (1); |
3. | A person who processes, distributes, keeps, exports, imports, removes, or brings in Class I endangered wildlife, in violation of Article 14 (1); |
4. | A person who lays or uses explosives, snares, traps, nooses, pitfalls, electric power, or nets, or scattered or injected poisonous objects, agrochemical, or similar objects to capture, collect, etc. endangered wildlife, in violation of Article 14 (2); |
5. | A person who exports, imports, removes, or brings in globally endangered species or products processed therefrom, in violation of Article 16 (1); |
5-2. | A person who reproduces any globally endangered species without obtaining permission for artificial reproduction, in violation of the proviso of Article 16 (7); |
6. | A person who engages in a damaging act in a special protection district, in violation of Article 28 (1); |
7. | A person who fails to obtain the modification registration of the breeding facility prescribed in Article 16-2 (1) or obtains the modification registration by fraud. |
8. | A person who imports wild animals or objects, in violation of Article 34-15 (1); |
9. | A person who fails to comply with an order to return, incinerate, bury, or otherwise dispose of designated objects, etc. for quarantine, in violation of the main clause of Article 34-16 (2); |
10. | A person who moves the designated objects for quarantine to another place without an instruction from a wild animal quarantine officer, in violation of Article 34-16 (5); |
11. | A person who imports the designated objects for quarantine without attaching the quarantine certificate, in violation of Article 34-17 (1); |
12. | A person who fails to undergo an import quarantine, in violation of Article 34-18 (1), or who undergoes such import quarantine by fraud or other improper means; |
13. | A person who imports the designated objects for quarantine, in violation of Article 34-19 (1); |
14. | A person who fails to comply with an order to return, incinerate, bury, or otherwise dispose of the designated objects, etc. for quarantine, in violation of the main clause of Article 34-23 (2). |
(2) | A person who repeatedly commits any crimes prescribed in paragraph (1) 1, 2, 4 or 5-2 shall be punished by imprisonment with labor for not more than five years. In such cases, a fine not exceeding 50 million won may be imposed concurrently. <Amended on Mar. 24, 2014; Dec. 12, 2017; Jun. 10, 2022> |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: May 19, 2024] Article 68
Article 69 (Penalty Provisions) |
(1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 16, 2013; Oct. 24, 2014; Dec. 12, 2014; Dec. 12, 2017; Dec. 13, 2022> |
1. | A person who treats wild animals with cruelty, causing pain to them or inflicting any wound on them, in violation of Article 8 (2); |
2. | A person who processes, distributes, keeps, exports, imports, removes, or brings in Class II endangered wildlife, in violation of Article 14 (1); |
3. | A person who releases or naturalizes endangered wildlife, in violation of Article 14 (1); |
4. | A person who uses globally endangered species and products processed therefrom for a use other than the purpose of importing or bringing them into Korea, in violation of Article 16 (3); |
5. | A person who captures, collects or purchases, transfers or receives, assists or mediates transfer or receipt, possesses, occupies, or exhibits globally endangered species and products processed therefrom, in violation of Article 16 (4); |
6. | A person who captures, collects, or kills wildlife, in violation of Article 19 (1); |
7. | A person who lays or uses explosives, snares, traps, nooses, pitfalls, electric power or nets, or scatters or injects poisonous objects, agrochemical, or similar objects to capture, collect, or kill wildlife, in violation of Article 19 (3); |
8. | Deleted; <Feb. 1, 2012> |
9. | Deleted; <Feb. 1, 2012> |
10. | A person who disobeys an order issued under Article 30; |
11. | Deleted; <Feb. 1, 2012> |
12. | A person who hunts animals in a place other than a hunting ground, in violation of Article 42 (2); |
13. | A person who hunts animals other than game animals or hunts animals other than during a hunting season, in violation of Article 43 (1) or (2); |
14. | A person who hunts animals without obtaining a hunting license, in violation of Article 44 (1); |
15. | A person who hunts animals without obtaining approval from the establisher of a hunting ground, in violation of Article 50 (1); |
16. | A person who fails to obtain the modification registration of the breeding facility prescribed in Article 16-2 (2) or obtains the modification registration by falsehood; |
17. | A person who exhibits wild animals in violation of Article 8-3 (1). |
(2) | Any person who repeatedly commits any crime prescribed in paragraph (1) 1, 6 or 7 shall be punished by imprisonment with labor for not more than three years. In such cases, a fine not exceeding 30 million won may be imposed concurrently. <Amended on Mar. 24, 2014; Dec. 12, 2017> |
[This Article Wholly Amended on Jul. 28, 2011]
Article 69 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 1, 2012; Mar. 16, 2013; Jan. 24, 2014; Dec. 12, 2017; Dec. 13, 2022>
1. | A person who treats wild animals with cruelty, causing pain to them or inflicting any wound on them, in violation of Article 8 (2); |
2. | A person who processes, distributes, keeps, exports, imports, removes, or brings in Class II endangered wildlife, in violation of Article 14 (1); |
3. | A person who releases or naturalizes endangered wildlife, in violation of Article 14 (1); |
4. | A person who uses globally endangered species and products processed therefrom for a use other than the purpose of importing or bringing them into Korea, in violation of Article 16 (3); |
5. | A person who captures, collects or purchases, transfers or receives, assists or mediates transfer or receipt, possesses, occupies, or exhibits globally endangered species and products processed therefrom, in violation of Article 16 (4); |
6. | A person who captures, collects, or kills wildlife, in violation of Article 19 (1); |
7. | A person who lays or uses explosives, snares, traps, nooses, pitfalls, electric power or nets, or scatters or injects poisonous objects, agrochemical, or similar objects to capture, collect, or kill wildlife, in violation of Article 19 (3); |
8. | A person who engages in business related to wild animals without permission, in violation of Article 22-5 (1); |
9. | Deleted; <Feb. 1, 2012> |
10. | A person who disobeys an order issued under Article 30; |
11. | Deleted; <Feb. 1, 2012> |
12. | A person who hunts animals in a place other than a hunting ground, in violation of Article 42 (2); |
13. | A person who hunts animals other than game animals or hunts animals other than during a hunting season, in violation of Article 43 (1) or (2); |
14. | A person who hunts animals without obtaining a hunting license, in violation of Article 44 (1); |
15. | A person who hunts animals without obtaining approval from the establisher of a hunting ground, in violation of Article 50 (1); |
16. | A person who fails to obtain the modification registration of the breeding facility prescribed in Article 16-2 (2) or obtains the modification registration by falsehood; |
17. | A person who exhibits wild animals, in violation of Article 8-3 (1). |
(2) | Any person who repeatedly commits any crime prescribed in paragraph (1) 1, 6 or 7 shall be punished by imprisonment with labor for not more than three years. In such cases, a fine not exceeding 30 million won may be imposed concurrently. <Amended on Mar. 24, 2014; Dec. 12, 2017> |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: Dec 14, 2025] Article 69
Article 70 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 16, 2013; Mar. 24, 2014; Jan. 27, 2016; Dec. 12, 2017; Nov. 26, 2019>
1. | Deleted; <Dec. 12, 2017> |
2. | A person who acquires (including eating food or extraction processed food), transfers, receives, transports, or keeps wild animals captured, imported, or brought into Korea in violation of Article 9 (1) and foods or products processed therefrom, or assists such act while being aware of the fact; |
3. | A person who makes, sells, possesses or keeps snares, traps, nooses or other implements with which it is possible to capture wild animals, in violation of Article 10; |
4. | A person who obtains permission for capture, collection, etc. under the proviso of Article 14 (1) by fraud or any other improper means; |
5. | A person who obtains permission for exportation, importation, removal, or bringing in under the main clause of Article 16 (1) by fraud or other improper means; |
5-2. | Deleted; <May 18, 2021> |
5-3. | A person who fails to receive a regular or occasional inspection under Article 16-4 (1); |
5-4. | A person who fails to implement an improvement order issued under Article 16-5; |
6. | A person who publishes advertisements that could accelerate the extinction or depletion of the population of endangered wildlife or cause cruelty to globally endangered species, in violation of the main clause of Article 18; |
7. | A person who obtains permission for capture, collection, or killing under the proviso of Article 19 (1) by fraud or other improper means; |
8. | A person who exports, imports, removes, or brings in wildlife without permission, in violation of Article 21 (1); |
8-2. | A person who obtains permission for capture of harmful wild animals under Article 23 (1) by fraud or any other improper means; |
9. | A person who fails to comply with an order to vaccinate, quarantine, control access, or to cull order issued under Article 34-10 (1); |
10. | A person who fails to incinerate or bury the carcasses of culled wild animals, in violation of Article 34-10 (3); |
11. | A person who makes or sells stuffed wild animals without registration in violation of Article 40 (1); |
12. | A person who violates any matter (excluding during hunting season) determined and publicly notified in order to restrict hunting in the hunting grounds as prescribed in Article 43 (2); |
13. | A person who obtains a hunting license prescribed in Article 44 (1) by fraud or other improper means; |
14. | A person who leases his or her hunting license to a third party, in violation of Article 48 (2); |
15. | A person who fails to abide by any restriction on hunting, in violation of Article 55; |
16. | A person who carries firearms and live ammunition together for capturing wild animals, in violation of this Act. |
[This Article Wholly Amended on Jul. 28, 2011]
Article 70 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 16, 2013; Mar. 24, 2014; Jan. 27, 2016; Dec. 12, 2017; Nov. 26, 2019; May 18, 2021>
1. | Deleted; <Dec. 12, 2017> |
2. | A person who acquires (including eating food or extraction processed food), transfers, receives, transports, or stores wild animals captured, imported, or brought into Korea in violation of Article 9 (1) and foods or products processed therefrom, or assists such act while being aware of the fact; |
3. | A person who makes, sells, possesses or keeps snares, traps, nooses or other implements with which it is possible to capture wild animals, in violation of Article 10; |
4. | A person who obtains permission for capture, collection, etc. under the proviso of Article 14 (1) by deceit or any other unlawful means; |
5. | A person who obtains permission for exportation, importation, removal, or bringing in under the main clause of Article 16 (1) by fraud or other improper means; |
5-2. | Deleted; <May 18, 2021> |
5-3. | A person who fails to receive a regular or occasional inspection under Article 16-4 (1); |
5-4. | A person who fails to implement an improvement order issued under Article 16-5; |
6. | A person who publishes advertisements that could accelerate the extinction or depletion of the population of endangered wildlife or cause cruelty to globally endangered species, in violation of the main clause of Article 18; |
7. | A person who obtains permission for capture, collection, or killing under the proviso of Article 19 (1) by fraud or other improper means; |
8. | A person who exports, imports, removes, or brings in wildlife without permission, in violation of Article 21 (1); |
8-2. | A person who obtains permission to capture harmful wild animals under Article 23 (1) by fraud or any other improper means; |
9. | A person who fails to comply with an order to vaccinate, quarantine, control access, or to cull order issued under Article 34-10 (1); |
10. | A person who fails to incinerate or bury the carcasses of culled wild animals, in violation of Article 34-10 (3); |
10-2; A person whose place of quarantine is designated as a designated place of quarantine under the proviso of, with the exception of the subparagraphs, of Article 34-21 (1), by fraud or other improper means; 10-3. | A person who is designated as a storage manager under Article 34-22 (1) by fraud or other improper means; |
11. | A person who makes or sells stuffed wild animals without registration in violation of Article 40 (1); |
12. | A person who violates any matter (excluding during hunting season) determined and publicly notified in order to restrict hunting in the hunting grounds as prescribed in Article 43 (2); |
13. | A person who obtains a hunting license prescribed in Article 44 (1) by fraud or other improper means; |
14. | A person who leases his or her hunting license to a third party, in violation of Article 48 (2); |
15. | A person who fails to abide by any restriction on hunting, in violation of Article 55; |
16. | A person who carries firearms and live ammunition together for capturing wild animals, in violation of this Act. |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: May 19, 2024] Article 70
Article 71 (Confiscation) |
Any of the following globally endangered species and products processed therefrom shall be confiscated: <Amended on Jul. 16, 2013; Jun. 10, 2022>
1. | Globally endangered species and products processed therefrom imported or brought in without permission or used for any purpose other than for importing or bringing them into Korea, in violation of Article 16; |
2. | Globally endangered species and products processed therefrom that are captured, collected or purchased, transferred or receipt, assisted or mediated transfer or receipt, possessed, occupied, or exhibited without obtaining permission, approval, etc., in violation of Article 16. |
3. | Globally endangered species that have been reproduced without permission for artificial reproduction or used for artificial reproduction, in violation of the proviso of Article 16 (7). |
[This Article Wholly Amended on Jul. 28, 2011]
Article 71 (Confiscation) |
(1) | Any of the following globally endangered species and products processed therefrom shall be confiscated: <Amended on Jul. 16, 2013; Jun. 10, 2022; Dec. 13, 2022> |
1. | Globally endangered species and products processed therefrom imported or brought in without permission or used for any purpose other than for importing or bringing them into Korea, in violation of Article 16; |
2. | Globally endangered species and products processed therefrom that are captured, collected or purchased, transferred or received, assisted or mediated transfer or receipt, possessed, occupied, or exhibited without obtaining permission, approval, etc., in violation of Article 16. |
3. | Globally endangered species that have been reproduced without permission for artificial reproduction or used for artificial reproduction, in violation of the proviso of Article 16 (7). |
(2) | Wild animals kept in custody by a person who intends to import, breed, or sell without permission in violation of Article 22-5 (1) may be confiscated. <Newly Inserted on Dec. 13, 2022> |
[This Article Wholly Amended on Jul. 28, 2011]
[Enforcement Date: Dec. 14, 2025] Article 71
Article 72 (Joint Penalty Provisions) |
When the representative of a corporation or organization or an agent, employee of, or other persons employed by the corporation, organization or individual commits a violation under Article 67 (1), 68 (1), 69 (1) or 70 in connection with the business affairs of the corporation, organization, or individual, not also shall such violator be punished, but the corporation, organization or individual shall be subject to a fine under the relevant Article: Provided, That this shall not apply where such corporation, organization, or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. <Amended on Mar. 24, 2014> [This Article Wholly Amended on Jul. 28, 2011]
Article 73 (Administrative Fines) |
(1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jul. 28, 2011> |
1. | A person who violates any measure of a Mayor/Do Governor under Article 26 (2); |
2. | A person who violates measures of a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 33 (4). |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jul. 28, 2011; Mar. 22, 2013; Mar. 24, 2014; Nov. 26, 2019> |
1. | A person who fails to file a report on the results of capture, collection, etc. of endangered wildlife, in violation of Article 14 (4); |
2. | A person who fails to file a report on keeping endangered wildlife, in violation of Article 14 (5); |
2-2. | A person who fails to file a report on the results of capture of a harmful wild animal, in violation of Article 23 (6); |
3. | A person who violates restrictions or prohibition of entry under Article 29 (1); |
4. | A person who rejects, interferes with, or evades an epidemiological investigation without just cause, in violation of Article 34-9 (2); |
5. | A person who fails to take measures necessary to prevent contamination of surrounding environment, in violation of Article 34-10 (4); |
6. | A person who excavates the land where the carcasses of wild animals were buried within three years, in violation of Article 34-11 (1); |
7. | A person who refuses, interferes with, or evades entry, examination, or any question of a public official, in violation of Article 56 (1) through (3). |
(3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jul. 28, 2011; Mar. 22, 2013; Jul. 16, 2013; Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019; May 26, 2020; Dec. 13, 2022> |
1. | A person who fails to return a certificate of designation, in violation of Article 7-2 (2); |
2. | A person who transports wild animals, in violation of Article 11; |
3. | A person who fails to carry a permit, in violation of Article 14 (4); |
4. | A person who fails to return a permit, in violation of Article 15 (2); |
5. | A person who fails to file a report on transfer, perishment, etc. of globally endangered species imported or brought into Korea, in violation of Article 16 (6); |
5-2. | A person who fails to obtain a certificate of artificial reproduction of globally endangered species prescribed in Article 16 (7); |
5-3. | A person who fails to keep a document certifying the exact account of lawful acquisition, etc. of globally endangered species products prescribed in Article 16 (8); |
5-4. | A person who fails to file a report, or files a false report, on the modification of a breeding facility prescribed in Article 16-2 (2); |
5-5. | A person who fails to file a report on the closure or suspension of operation of his or her breeding facility prescribed in Article 16-7 (1); |
5-6. | A person who fails to file a report on succession prescribed in Article 16-9 (2); |
6. | A person who fails to file a report on the results of capture, collection, or kill of wildlife, in violation of Article 19 (5); |
7. | A person who fails to return a permit, in violation of Article 20 (2); |
8. | A person who fails to comply with safety regulations prescribed in Article 23 (7); |
8-2. | A person who has failed to comply with methods of treating harmful wild animals under Article 23 (8); |
9. | A person who fails to return a permit, in violation of Article 23-2 (2); |
10. | Deleted; <Feb. 1, 2012> |
11. | A person who commits any prohibited act prescribed in Article 28 (3); |
12. | A person who violates the restrictions on acts prescribed in 28 (4); |
13. | A person who enters a protection district in the breeding season of wild animals without making a statement, in violation of Article 33 (5); |
13-2. | A person who fails to return his or her designation certificate, in violation of Article 34-5 (2); |
13-3. | A person who fails to notify the head of the national wild animal disease control agency and the head of the competent local government, even when he or she is aware of the verification of the disease of a wild animal, in violation of Article 34-7 (4); |
14. | A person who fails to return a certificate of designation, in violation of Article 36 (2); |
15. | A person who fails to prepare a book or has made a fraudulent entry in a book, in violation of Article 40 (2); |
16. | A person who fails to comply with an order issued by the head of a Si/Gun/Gu, in violation of Article 40 (3); |
17. | A person who fails to return a certificate of registration, in violation of Article 40 (6); |
18. | Deleted; <Feb. 1, 2012> |
19. | A person who fails to return a certificate of designation, in violation of Article 47-2 (2); |
20. | A person who fails to return a certificate of a hunting license, in violation of Article 49 (2); |
21. | A person who fails to affix a mark indicating a game animal, in violation of Article 50 (2); |
22. | A person who hunts without a certificate of a hunting license, in violation of Article 52; |
23. | A person who fails to report on the operational performance of a hunting ground, in violation of Article 53 (3); |
24. | A person who fails to report or submit data, or submits a false report or data, in violation of Article 56 (1). |
(4) | An administrative fine under paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, Mayors/Do Governors or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended on Jul. 23, 2010> |
(5) | Deleted. <Jul. 23, 2010> |
(6) | Deleted. <Jul. 23, 2010> |
(7) | Deleted. <Jul. 23, 2010>> |
Article 73 (Administrative Fines) |
(1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jul. 28, 2011> |
1. | A person who violates any measure of a Mayor/Do Governor under Article 26 (2); |
2. | A person who violates measures of a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 33 (4). |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jul. 28, 2011; Mar. 22, 2013; Mar. 24, 2014; Nov. 26, 2019; May 18, 2021> |
1. | A person who fails to file a report on the results of capture, collection, etc. of endangered wildlife, in violation of Article 14 (4); |
2. | A person who fails to file a report on keeping endangered wildlife, in violation of Article 14 (5); |
2-2. | A person who fails to file a report on the results of capture of a harmful wild animal, in violation of Article 23 (6); |
3. | A person who violates restrictions or prohibition of entry under Article 29 (1); |
4. | A person who rejects, interferes with, or evades an epidemiological investigation without just cause, in violation of Article 34-9 (2); |
5. | A person who fails to take measures necessary to prevent contamination of surrounding environment, in violation of Article 34-10 (4); |
6. | A person who excavates the land where the carcasses of wild animals were buried within three years, in violation of Article 34-11 (1); |
6-2. | A person who gives a false answer to an inquiry made by a wild animal quarantine officer, or refuses, interferes with, or evades necessary measures, such as the entry, inspection, collection, and disinfection by the wild animal quarantine officer, in violation of Article 34-13 (7); |
7. | A person who refuses, interferes with, or evades entry, examination, or any question of a public official, in violation of Article 56 (1) through (3). |
(3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jul. 28, 2011; Mar. 22, 2013; Jul. 16, 2013; Mar. 24, 2014; Dec. 12, 2017; Nov. 26, 2019; May 26, 2020; Dec. 13, 2022> |
1. | A person who fails to return a certificate of designation, in violation of Article 7-2 (2); |
2. | A person who transports wild animals in violation of Article 11; |
3. | A person who fails to carry a permit, in violation of Article 14 (4); |
4. | A person who fails to return a permit, in violation of Article 15 (2); |
5. | A person who fails to file a report on transfer, perishment, etc. of globally endangered species imported or brought into Korea, in violation of Article 16 (6); |
5-2. | A person who fails to obtain a certificate of artificial reproduction of globally endangered species prescribed in Article 16 (7); |
5-3. | A person who fails to keep a document certifying the exact account of lawful acquisition, etc. of globally endangered species products prescribed in Article 16 (8); |
5-4. | A person who fails to file a report, or files a false report, on the modification of a breeding facility prescribed in Article 16-2 (2); |
5-5. | A person who fails to file a report on the closure or suspension of operation of his or her breeding facility prescribed in Article 16-7 (1); |
5-6. | A person who fails to file a report on succession prescribed in Article 16-9 (2); |
6. | A person who fails to file a report on the results of capture, collection, or kill of wildlife, in violation of Article 19 (5); |
7. | A person who fails to return a permit, in violation of Article 20 (2); |
8. | A person who fails to comply with safety regulations prescribed in Article 23 (7); |
8-2. | A person who has failed to comply with methods of treating harmful wild animals under Article 23 (8); |
9. | A person who fails to return a permit, in violation of Article 23-2 (2); |
10. | Deleted; <Feb. 1, 2012> |
11. | A person who commits any prohibited act prescribed in Article 28 (3); |
12. | A person who violates the restrictions on acts prescribed in 28 (4); |
13. | A person who enters a protection district in the breeding season of wild animals without making a statement, in violation of Article 33 (5); |
13-2. | A person who fails to return his or her designation certificate, in violation of Article 34-5 (2); |
13-3. | A person who fails to notify the head of the national wild animal disease control agency and the head of the competent local government, even when he or she is aware of the verification of the disease of a wild animal, in violation of Article 34-7 (4); |
14. | A person who fails to return a certificate of designation, in violation of Article 36 (2); |
15. | A person who fails to prepare a book or has made a fraudulent entry in a book, in violation of Article 40 (2); |
16. | A person who fails to comply with an order issued by the head of a Si/Gun/Gu, in violation of Article 40 (3); |
17. | A person who fails to return a certificate of registration, in violation of Article 40 (6); |
18. | Deleted; <Feb. 1, 2012> |
19. | A person who fails to return a certificate of designation, in violation of Article 47-2 (2); |
20. | A person who fails to return a certificate of a hunting license, in violation of Article 49 (2); |
21. | A person who fails to affix a mark indicating a game animal, in violation of Article 50 (2); |
22. | A person who hunts without a certificate of a hunting license, in violation of Article 52; |
23. | A person who fails to report on the operational performance of a hunting ground, in violation of Article 53 (3); |
24. | A person who fails to report or submit data, or submits a false report or data, in violation of Article 56 (1). |
(4) | An administrative fine under paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, Mayors/Do Governors or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended on Jul. 23, 2010> |
(5) | Deleted. <Jul. 23, 2010> |
(6) | Deleted. <Jul. 23, 2010> |
(7) | Deleted. <Jul. 23, 2010>> |
[Enforcement Date: May 19, 2024] Article 73
ADDENDA <Act No. 7167, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (Transitional Measures concerning Endangered Wild Fauna and Flora)
The endangered wild fauna and flora under the former Natural Environment Conservation Act as at the time this Act enters into force shall be deemed ClassⅠ endangered wild fauna and flora under subparagraph 2 (a) of Article 2. Article 4 (Transitional Measures concerning Protected Wild Fauna and Flora)
The protected wild fauna and flora under the former Natural Environment Conservation Act as at the time this Act enters into force shall be deemed Class II endangered wild fauna and flora under subparagraph 2 (b) of Article 2. Article 5 (Transitional Measures concerning Globally Endangered Species)
Article 6 (Transitional Measures concerning Exotic Fauna and Flora Disturbing Ecosystem)
Article 7 (Transitional Measures concerning Harmful Birds and Animals)
Article 8 (Transitional Measures concerning Ex-Situ Conservation Agencies)
Article 9 (Transitional Measures concerning Permission for Capture, Collection, etc. of Endangered Wild Fauna and Flora)
Where permission for the capture, collection, naturalization, processing, export, removal, distribution or keeping of endangered wild fauna and flora, and protected wild fauna and flora has been obtained under the former Natural Environment Conservation Act as at the time this Act enters into force, permission for the capture, collection, naturalization, processing, export, removal, distribution or keeping of endangered wild fauna and flora shall be deemed obtained under the proviso of Article 14 (1). Article 10 (Transitional Measures concerning Permission, etc. for Globally Endangered Species)
Where approval for the export, re-export, removal, import or bringing in of globally endangered species and processed products thereof has been obtained under the former Natural Environment Conservation Act, or permission for the export, import or bringing in of endangered birds and animals, and processed products thereof has been obtained under the former Protection and Hunting of Wild Birds and Animals Act as at the time this Act enters into force, permission for export, import, removal or bringing in of globally endangered species and processed products thereof shall be deemed obtained under the main clause of Article 16 (1). Article 11 (Transitional Measures concerning Permission for Capturing Birds and Animals)
Article 12 (Transitional Measures concerning Permission for Export, etc. of Birds and Animals)
Where permission to export, import or bringing in birds and animals has been obtained under the former Protection and Hunting of Wild Birds and Animals Act as at the time this Act enters into force, permission for export, import or bringing in of birds and animals shall be deemed obtained under Article 21 (1). Article 13 (Transitional Measures concerning Permission for Capturing Harmful Birds and Animals)
Article 14 (Transitional Measures concerning Approval for Importation or Bringing in of Exotic Fauna and Flora Disturbing Ecosystem)
Where approval for the import or bringing in of exotic fauna and flora disturbing ecosystem has been obtained under the former Protection and Hunting of Wild Birds and Animals Act as at the time this Act enters into force, permission to import or bringing in wild fauna and flora disturbing the ecosystem shall be deemed obtained under Article 25 (2). Article 15 (Transitional Measures concerning City/Do Managed Wild Fauna and Flora)
Article 16 (Transitional Measures concerning Bird and Animal Protection District)
Article 17 (Transitional Measures concerning Registration of Taxidermy Business)
Article 18 (Transitional Measures concerning Biological Resources)
Article 19 (Transitional Measures concerning Approval for Removal of Biological Resources from Korea)
Where approval for removing biological resources from Korea has been obtained under the former Natural Environment Conservation Act as at the time this Act enters into force, approval for removing biological resources from Korea shall be deemed obtained under Article 41. Article 20 (Transitional Measures concerning Game Birds and Animals)
Article 21 (Transitional Measures concerning Hunting Licenses)
Article 22 (Transitional Measures concerning Hunting License Examination)
Article 23 (Transitional Measures concerning Training Courses for Hunting)
Article 24 (Transitional Measures concerning Approval for Hunting)
Article 25 (Transitional Measures concerning Bird and Animal Protection Wardens)
Article 26 (Transitional Measures concerning Honorary Bird and Animal Protection Wardens)
Article 27 (Transitional Measures concerning Acts under Progress)
Article 28 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Article 29 Omitted.
Article 30 (Relationship to Other Statutes)
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.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
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. 7457, Mar. 31, 2005>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
(2) | (Transitional Measures concerning Administrative Disposition, etc.) Any disposition by an administrative agency under the former provisions of Articles 42, 44, 48 and 49 as at the time this Act enters into force shall be deemed a disposition by an administrative agency under the amended provisions of this Act. |
ADDENDA <Act No. 7476, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 7676, Aug. 4, 2005>
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. 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. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8365, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8467, May 17, 2007>
(1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
(2) | (Transitional Measures concerning Animals Reverted to Wild State) The animals subject to management designated and publicly notified under the former provisions as at the time this Act enters into force shall be deemed to have been designated and publicly notified under the amended provisions of Article 24. |
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8762, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when the Protocol becomes effective in Korea.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10388, Jul. 23, 2010>
This Act shall enter into force six months after the date of its promulgation.
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.
Article 2 (Transitional Measures concerning Master Plans for Protection of Wild Fauna and Flora)
Masters plans for protection of wild fauna and flora formulated pursuant to the former provisions as at the time this Act enters into force shall be deemed master plans for protection of wildlife formulated pursuant to the amended provisions of Article 5 (1). Article 3 (Transitional Measures concerning Wild Animal Treatment Agencies)
Wild Animal Treatment Agencies designated pursuant to the former provisions as at the time this Act enters into force shall be deemed agencies for research of diseases and rescue and treatment of wild animals designated pursuant to the amended provisions of Article 11 (2). Article 4 (Transitional Measures concerning Mid-Term and Long-Term Measures for Conservation of Endangered Wild Fauna and Flora)
Mid-term and long-term measures for the conservation of endangered wild fauna and flora formulated and implemented pursuant to the former provisions as at the time this Act enters into force shall be deemed mid-term and long-term measures for the conservation of endangered wildlife formulated and implemented pursuant to the amended provisions of Article 13 (1). Article 5 (Transitional Measures concerning Special Protection Districts for Wild Fauna and Flora)
Special protection districts for wild fauna and flora designated and publicly notified pursuant to the former provisions as at the time this Act enters into force shall be deemed special protection districts for wildlife designated and publicly notified pursuant to the amended provisions of Article 27. Article 6 (Transitional Measures concerning Protection Districts for Wild Fauna and Flora, etc.)
City/Do protection districts for wild fauna and flora or protection districts for wild fauna and flora designated and publicly notified by a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to the former provisions as at the time this Act enters into force shall be respectively deemed wildlife protection districts designated and publicly notified pursuant to the amended provisions of Article 33. Article 7 (Transitional Measures concerning the Korea Wild Animal and Plant Service Association)
The Korea Wild Animal and Plant Service Association established pursuant to the former provisions as at the time this Act enters into force shall be deemed the Korea Wild Animal and Plant Service Association established pursuant to the amended provisions of Article 58-2 (1). Article 8 (Transitional Measures concerning Wild Fauna and Flora Wardens)
Wild fauna and flora wardens appointed pursuant to the former provisions as at the time this Act enters into force shall be deemed wildlife wardens appointed pursuant to the amended provisions of Article 59. Article 9 (Transitional Measures concerning Honorary Wild Fauna Flora Wardens)
Honorary wild fauna and flora wardens commissioned pursuant to the former provisions as at the time this Act enters into force shall be deemed honorary wildlife wardens commissioned pursuant to the amended provisions of Article 61. Article 10 Omitted.
Article 11 (Relationship with Statutes or Regulations)
A citation of the former Wild Fauna and Flora Protection Act or its provisions in other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or its provisions corresponding thereto, in lieu of the former Wild Fauna and Flora Protection Act or its provisions, if the provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
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. 11666, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicable Examples of Reports on Results of Capturing Harmful Wild Animals)
This amended provisions of Article 23 (6) shall apply to persons who capture harmful wild animals after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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. 11912, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicable Examples concerning Person under Adult Guardianship)
The person under adult guardianship under the amended provisions of subparagraph 1 of Article 16-3 shall be deemed to include persons against whom the effect of declaration of incompetency continues to maintain, in accordance with Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429). Article 3 (Transitional Measures concerning Issuance, etc. of Certificates for Artificial Reproduction of Globally Endangered Species )
A person who has reproduced globally endangered species brought in after obtaining permission for importation or bringing-in under Article 16 (1) as at the time this Act enters into force, shall be issued a certificate for reproduction of globally endangered species under the amended provisions of the main clause of Article 16 (7) within one year after this Act enters into force: Provided, That a person who has reproduced globally endangered species prescribed by Presidential Decree shall obtain permission for the artificial reproduction under the amended provisions of the proviso of Article 16 (7) within one year after this Act enters into force. Article 4 (Transitional Measures concerning Breeding Facilities for Globally Endangered Species)
A person who possesses, occupies, or keeps any globally endangered species under the amended provisions of Article 16-2 (1) as at the time this Act enters into force shall have his or her breeding facility for globally endangered species within one year after this Act enters into force
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12412, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12521, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 5 (2), 26 (1) and subparagraph 1 of Article 60 shall enter into force on the date of its promulgation. Article 2 (Applicable Examples of Disclosure of Status of Emergence of Wild Animal Diseases)
The amended provisions of Article 34-8 shall apply to cases where a wild animal disease emerges after this Act enters into force. Article 3 (Special Provisions concerning Formulation of Master Plans for Control of Wild Animal Diseases)
The Minister of Environment shall formulate a master plan for the control of wild animal diseases which is the first master plan to be formulated under the amended provisions of Article 34-3 (1) by no later than December 31, 2015. Article 4 (Transitional Measures concerning Permission for Capturing Wild Animals)
A person who has obtained permission for capturing wild animals under the former provisions as at the time this Act enters into force shall be deemed to have obtained permission for capturing wildlife (limited to the kinds, quantity, etc. of the species permitted at the time the capture of the wild animals was permitted).
Article 5 (Transitional Measures concerning Permission for Capturing Wild Animals)
A person who has obtained permission for exporting, importing, etc. wild animals under the former provisions as at the time this Act enters into force shall be deemed to have obtained permission for exporting, importing, etc. the wildlife (limited to the kinds, quantity, etc. of the specie permitted at the time the export, import, etc. of the wild animals was permitted).
Article 6 (Transitional Measures concerning Incompetent Persons, etc.)
The adults-wards prescribed in the amended provisions of Article 60 (1) shall be deemed to include the persons against whom the effect of declaration of incompetency or quasi-incompetency continues to maintain, in accordance with Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429). Article 7 Omitted.
ADDENDUM <Act No. 13167, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13882, Jan. 27, 2016>
This Act shall enter into force on the date of 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 among the Acts amended pursuant to Article 6 the amended parts of the acts which were promulgated before this Act enters into force but the enforcement date of which have not yet arrived shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 7 Omitted.
ADDENDA <Act No. 15196, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 13 and 14 of Article 7-2 (1), Article 8 (1) and (2), subparagraph 1 of Article 68 (1) and paragraph (1) of the same Article, subparagraph 1 of Article 69 (1) and paragraph (2) of the same Article, and Article 70 (1) shall enter into force six months after on the date of its promulgation. Article 2 (Applicability concerning Conservation Period of Wildlife)
The period of three years or more under the amended provisions of Article 7-2 (1) 13 shall be reckoned from the date on which an ex-situ conservation institution does not conserve wildlife after the same amended provisions enter into force. Article 3 (Transitional Measures concerning Penalty Provisions)
Before the amended provisions of Article 68 (1) 1 enter into force, the amended provisions of subparagraphs 2 through 7 of the same paragraph shall be deemed subparagraphs 1 through 6 of the same paragraph, respectively.
ADDENDUM <Act No. 15835, Oct. 16, 2018>
This Act shall enter into on the date of its promulgation.
ADDENDUM <Act No. 16602, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 16609, Nov. 26, 2019>
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 (6), 16-7 (2) and (3), 33 (6) and subparagraph 7 of Article 46 shall enter into force on the date of its promulgation, and the amended provisions of Articles 23 (8) and 73 (3) 8-2 shall enter into force one year after the date of its promulgation. Article 2 (Applicability to Payment of Compensation)
The amended provisions of Article 57-2 shall apply beginning with the first insurance contract invalidated pursuant to the amended provisions of Article 34--10 after this Act enters into force. Article 3 (Transitional Measures concerning Administrative Dispositions)
The Ppuri Industry Promotion Center designated under the previous provisions at the time when this Act enters into force shall be deemed the National Ppuri Industry Promotion Center designated under the amended provisions of Article 34.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 4 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 5 Omitted.
ADDENDA <Act No. 18171, May 18, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three years after the date of its promulgation: Provided, That the amended provisions of Article 24 (1) shall enter into force on the date of the promulgation, and the amended provisions of Article 68 (1) 5-2 and of subparagraph 5-2 of Article 70 shall enter into force three months after the date of the promulgation. Article 2 (Applicability to Import Quarantine)
The import quarantine under the amended provisions of Article 34-18 shall begin to apply to designated objects for quarantine brought into Korea for importation after the same amended provisions enter into force.
ADDENDUM <Act No. 18908, Jun. 10, 2022>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 58 shall enter into force on the date of the promulgation, and the amended provisions of Article 8-2 shall enter into force one year after the date of the promulgation.
ADDENDA <Act No. 19088, Dec. 13, 2022>
Article 1 (Enforcement Decree)
This Act shall enter into force three years on or after the date of its promulgation: Provided, That the amended provisions of Articles 6-2, 6-3, 8-3, 8-4, 11, 13 (1), 21 (1) 2 (c) and (d), Article 69 (1) 17, and Article 73 (3) 2 shall enter into force one year on or after the date of its promulgation, and the amended provisions of Articles 14 (1) 2, 19 (1) 2, and 19 (4) 8 shall enter into force on the date of its promulgation. Article 2 (Applicability to Conservation Measures for Endangered Wildlife)
The amended provisions of Article 13 (1) shall begin to apply to mid- to long-term measures for the conservation of endangered wild life that are formulated on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Prohibition of Exhibition of Wild Animals)
(1) | Where a person who exhibits live wild animals in a facility not registered as a zoo or aquarium defined in Article 3 of the Act on the Management of Zoos and Aquariums at the time of the promulgation of the amended provisions of Articles 8-3 and 69 (1) 17 files a report with the competent Mayor/Do Governor of the jurisdiction where the exhibition facilities are located, specifying the current status such as the location of exhibition facilities, the species and population of animals in his or her possession before the enforcement date of the same amended provisions, he or she may exhibit live wild animals, limited to animals in his or her possession reported during four years on or after the date the same amended provisions enter to force, notwithstanding the same amended provisions. In such cases, no person shall commit any act prohibited under Article 15 (1) 4 of the Act on the Management of Zoos and Aquariums. |
(2) | Any person who violates the latter part of paragraph (1) shall be subject to an administrative fine not exceeding five million won, and Article 73 (4) shall apply mutatis mutandis to matters relating to the imposition and collection of administrative fines. |
Article 4 (Transitional Measures concerning Keeping of Wild Animals Designated for Management)
(1) | Where a person who keeps wild animals designated for management which are prohibited from transfer, receipt, and keeping under the amended provisions of Article 22-4 (1) as at the time the amended provisions of Article 22-4 and subparagraph 8-3 of Article 70 enter into force files a report on the methods for keeping and managing the relevant wild animals as prescribed by Ordinance of the Ministry of Environment within six months from the enforcement date of the amended provisions of Articles 22-4 and subparagraph 8-3 of Article 70, he or she may handle the wild animals as prescribed by Ordinance of the Ministry of Environment, such as keeping them in custody until they die, or entrusting them to be managed by an wild animal management agency, notwithstanding the same amended provisions. |
(2) | No person who keeps wild animals designated for management in custody under paragraph (1) shall artificially reproduce the relevant wild animals, and if the relevant wild animals are dead, he or she shall report thereon to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment, within 30 days from the date of their death. |
(3) | Any person who artificially reproduces wild animals or who files a false report on the death of wild animals, in violation of paragraph (2) shall be punished by an imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
(4) | Any person who fails to file a report on the death of wild animals in violation of paragraph (2) shall be subject to an administrative fine not exceeding one million won, and Article 73 (4) shall apply mutatis mutandis to matters relating to the imposition and collection of administrative fines. |