ENFORCEMENT DECREE OF THE CREATION AND MANAGEMENT OF FOREST RESOURCES ACT
Presidential Decree No. 19639, Aug. 4, 2006
Amended by Presidential Decree No. 19943, Mar. 22, 2007
Presidential Decree No. 20205, Jul. 27, 2007
Presidential Decree No. 20222, Aug. 17, 2007
Presidential Decree No. 20581, Jan. 31, 2008
Presidential Decree No. 20696, Feb. 29, 2008
Presidential Decree No. 20838, jun. 20, 2008
Presidential Decree No. 20962, Aug. 7, 2008
Presidential Decree No. 21025, Sep. 22, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21528, jun. 9, 2009
Presidential Decree No. 21807, Nov. 2, 2009
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 22073, Mar. 9, 2010
Presidential Decree No. 22293, Jul. 21, 2010
Presidential Decree No. 22513, Dec. 7, 2010
Presidential Decree No. 23176, Sep. 29, 2011
Presidential Decree No. 23297, Nov. 16, 2011
Presidential Decree No. 23444, Dec. 30, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23832, jun. 5, 2012
Presidential Decree No. 24211, Nov. 30, 2012
Presidential Decree No. 24452, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 24539, May 22, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25422, jun. 30, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25599, Sep. 11, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26416, Jul. 20, 2015
Presidential Decree No. 26438, Jul. 24, 2015
Presidential Decree No. 26629, Nov. 11, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27057, Mar. 25, 2016
Presidential Decree No. 27403, Jul. 28, 2016
Presidential Decree No. 28062, May 29, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 28468, Dec. 12, 2017
Presidential Decree No. 28799, Apr. 17, 2018
Presidential Decree No. 28919, May 28, 2018
Presidential Decree No. 28999, jun. 26, 2018
Presidential Decree No. 29310, Nov. 27, 2018
Presidential Decree No. 29381, Dec. 18, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29953, Jul. 9, 2019
Presidential Decree No. 33582, jun. 27, 2023
Presidential Decree No. 33993, Dec. 19, 2023
CHAPTER I GENERAL PROVISIONS
| 1. | An orchard, a tea plantation, or a field for gathering cuttings or scions; |
| 2. | Land within a fenced area of a building, where standing timber or bamboo is growing; |
| 3. | A ridge between paddy fields or between dry paddy fields, where standing timber or bamboo is growing; |
| 4. | A river, bank, ditch, or pond, where standing timber or bamboo is growing. |
| (2) | "Project determined by Presidential Decree" in subparagraph 3 of Article 2 of the Act means any of the following: <Amended on Feb. 29, 2008; Jun. 20, 2008; Nov. 30, 2012; Mar. 23, 2013; Sep. 11, 2014; Jul. 20, 2015; Dec. 12, 2017; Jul. 9, 2019; Dec. 29, 2020; Jun. 8, 2021> |
| 1. | A forest road project; or a project implemented to establish forest management infrastructure, such as facilities for preventing and extinguishing forest fires; |
| 1-2. | A project implemented to create, cultivate, and use forests, such as afforestation, forest tending, and felling activities; |
| 1-3. | A project implemented to restore forests; |
| 2. | A project implemented to prevent and extinguish forest fires; |
| 3. | A project implemented for the conservation and use of mountainous districts; the gathering of soil or stone; and prevention of disasters, restoration, etc. from disasters under the Mountainous Districts Management Act; |
| 5. | A project implemented to prevent and control forest fungi and harmful insects under the Forest Protection Act; |
| 11. | Any other projects prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs which are necessary to create, cultivate, and manage forest resources or to promote the public utility of forests. |
| (3) | Deleted. <Jun. 8, 2021> |
| (4) | Deleted. <Jun. 8, 2021> |
| (5) | "Others prescribed by Presidential Decree, including trees for landscaping and bonsai trees" in subparagraph 7 of Article 2 of the Act means the following: <Amended on Jun. 20, 2008; Jul. 21, 2010; May 28, 2018; Jul. 2, 2019> |
| 1. | Trees for landscaping, and bonsai trees; |
| 2. | Parts of a tree, such as branches, flowers, fruit, fresh leaves, firewood, sawdust, and pieces of wood; |
| 3. | Bamboo, herbaceous plants, vines, and mosses; |
| 4. | Forest mushrooms and sod; |
| 5. | Charcoal (including sawdust charcoal) and sap (including condensate obtained by burning trees or bamboo); |
| Article 3 (Scope of Application) |
"Land determined by Presidential Decree" in the proviso of subparagraph 3 of Article 3 of the Act means the land specified in Article 2 (1) 3 or 4. <Amended on Jun. 20, 2008>
CHAPTER II CREATION AND DEVELOPMENT OF FOREST RESOURCES
SECTION 1 Sustainable Forest Management
| Article 3-2 (Afforestation Plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 6-2 (2) 4 of the Act means the following: |
| 1. | Matters regarding technologies for afforestation projects; |
| 2. | Matters regarding the creation of forest resources, such as the management of an afforestation project history. |
| (2) | Where the Minister of the Korea Forest Service intends to formulate or modifies an afforestation plan under Article 6-2 (1) or (3) of the Act, he or she shall, in advance, hear the opinion of the head of a relevant administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). |
[This Article Newly Inserted on May 30, 2023]
| Article 4 (Development of Forest Sustainability Index) |
| (1) | The Minister of the Korea Forest Service shall take into account the forest management conditions as well as the standards, indicators, etc. referred to in Article 13 (1) of the Framework Act on Forestry and Article 11 of the Enforcement Decree of that Act in developing the forest sustainability index under Article 7 (1) of the Act. |
| (2) | The Minister of the Korea Forest Service shall maintain and manage a series of processes, including research and development, monitoring, evaluation, and feedback, to continuously supplement and widely use the forest sustainability index. |
| Article 5 (Afforestation Exclusion Areas) |
| (1) | "Case prescribed by Presidential Decree" in the proviso of Article 10 (1) of the Act means any of the following cases: <Amended on Jun. 20, 2008; Jul. 28, 2016> |
| 1. | Where approximately 20,000 young trees per hectare are growing within a deforested area; |
| 2. | Where approximately 5,000 young oak trees per hectare, such as sawtooth oaks, oriental oaks, and oriental white oaks, are growing within a deforested area; |
| 3. | Where approximately 900 oak tree stumps per hectare, from which sprouts are growing vigorously, are distributed evenly within a deforested area of oak trees, such as sawtooth oaks, oriental oaks, and oriental white oaks. |
| (2) | In the case of paragraph (1), the relevant feller shall perform follow-up management, such as inducing young trees to feather fast or nurturing young trees and sprouts. |
| Article 6 (Scope of Idle Land) |
| (1) | Idle land referred to in Article 12 of the Act means any of the following: <Amended on Jun. 20, 2008; Dec. 14, 2009; Dec. 15, 2009; Jun. 1, 2015> |
| 2. | Land that has not been used for its original purpose for at least two years; |
| (2) | A person who intends to convert idle land into a forest may be granted a subsidy or loan to cover the following expenses, pursuant to Article 12 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Expenses for registration and other relevant expenses, including fees; |
| 2. | Expenses incurred in preparing and amending a forest management plan; |
| 3. | Expenses incurred in afforestation and forest tending activities; |
| 4. | Any other expenses prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as necessary for managing forests and increasing income. |
| (3) | Species of trees planted in idle land referred to in paragraph (1), the method of afforestation, and any other necessary matters, shall be determined by the Minister of the Korea Forest Service. |
SECTION 2 Forest Management Plans
| Article 7 (Formulation of Forest Management Plans for Public Forests Owned by Local Governments) |
| (1) | When a Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) formulates a forest management plan pursuant to Article 13 (1) of the Act, such plan shall be in compliance with the following, and when the head of a Si/Gun/Gu formulates a forest management plan, he or she shall obtain approval therefor from the competent Mayor/Do Governor: <Amended on Jun. 20, 2008; Nov. 30, 2012; May 30, 2023> |
| 2. | Status of a forest for which the forest management plan is formulated; |
| Article 8 (Units for Preparing Forest Management Plans) |
| (1) | A forest management plan referred to in Article 13 (1) and (2) of the Act shall be prepared for each of the following management zones: |
| 1. | Public forest management zone: A forest unit for which the owner of a public forest in the relevant region needs to prepare a forest management plan; |
| 2. | Private forest management zone: A forest unit for which the owner of a private forest in the relevant region needs to prepare a forest management plan. |
| (2) | The private forest management zone referred to in paragraph (1) 2 shall be sub-classified as follows: |
| 1. | General management zone: A management zone where the owner of a private forest shall manage it solely; |
| 2. | Collaborative management zone: A management zone where at least two forest owners shall jointly manage adjacent private forests; |
| 3. | Corporate forest management zone: A management zone where the owner of a corporate forest shall manage it pursuant to Article 38 of the Act. |
| Article 9 (Preparation of Forest Management Plans) |
| (2) | A person who prepares a forest management plan pursuant to Article 13 of the Act shall include the following matters in the forest management plan: <Amended on Dec. 12, 2017> |
| 1. | Area of afforested land, the quantity, etc. of each species of trees planted; |
| 2. | Forest tending, such as growing young trees and thinning; |
| 3. | Method for felling trees, method of extraction, quantity of trees to be felled, timing for felling each species of trees, etc.; |
| 4. | Facilities, such as forest roads, logging roads, and roads for timber transportation; |
| 5. | Any other matters necessary for forest management, such as business activities to increase income from forestry. |
| (3) | The optimum timing for felling each species of trees, standards for felling and extraction, and standards for facilities, such as forest roads, which must be taken into consideration to prepare a forest management plan pursuant to paragraph (2) 3 or 4, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 12, 2017> |
| (4) | Except as provided in paragraphs (2) and (3), details of the preparation and operation of forest management plans shall be determined by the Minister of the Korea Forest Service. |
| Article 10 (Verification of Implementation of Forest Projects) |
After verifying the outcomes of the implementation of a forest management plan referred to in Article 14 (1) of the Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/ Gu") shall record the details thereof in the relevant register and input the details into the relevant computing program. <Amended on Jun. 26, 2018>
| Article 11 (Revocation of Authorization for Forest Management Plans) |
| (1) | "Outcome of implementation of the forest project pursuant to the forest management plan has failed to fulfill the standards prescribed by Presidential Decree" in the main clause of subparagraph 3 of Article 15 of the Act means that the performance on the implementation of the forest project is 50 percent or lower. <Amended on Jun. 20, 2008> |
| (2) | "Where the forest project is not implemented due to any forest disaster such as forest fires, as prescribed by Presidential Decree" in the proviso of subparagraph 3 of Article 15 of the Act means any of the following cases: <Amended on Jun. 20, 2008> |
| 1. | Where the forest project is not implemented due to a forest fire, landslide, or any other forest disaster; |
| 2. | Where the forest project is not implemented due to the death of the relevant forest owner; |
| 3. | Where the forest project becomes subject to restrictions because the relevant forest has been designated or determined as an area, district, zone, etc., to be preserved, used, or developed for a specific purpose pursuant to this Act or any other statutes. |
SECTION 3 Growing of Seeds and Seedlings for Forest
| Article 12 (Standards for Registration of Seeds and Seedlings Growers) |
| (1) | Standards for registration of seeds and seedlings growers referred to in the former part of Article 16 (1) of the Act shall be as follows: <Amended on Dec. 18, 2018> |
| 1. | Forest seeds and seedlings grower: He or she shall be any of the following persons: |
| (b) | A public official in the functional category of forestry or green areas, who has performed duties in the field of forestry or landscape architecture for at least four years, and in a field related to seed and seedling technology for at least one year; |
| (c) | A person who has engaged in a field related to seed and seedling technology for at least one year after graduating from school prescribed in each subparagraph of Article 2 of the Higher Education Act with a forestry, horticulture, or landscape architecture major (including where he or she is deemed to have equivalent academic qualifications under statutes or regulations); |
| (e) | An individual or corporation that regularly employs any person who falls under any of items (a) through (d); |
| 2. | Mushroom spawn grower: He or she shall meet all of the following requirements: |
| (a) | He or she shall be any of the following persons: |
| (b) | He or she shall have the facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as a sterilization chamber and an inoculation chamber. |
| (2) | Upon receipt of an application for registration of the seeds and seedlings growing business under paragraph (1), the head of the competent Si/Gun/Gu shall verify the details of the application; and shall register the applicant in the register for the seeds and seedlings growing business where he or she deems that the applicant meets the registration standards; and issue a certificate of the seeds and seedlings growing business to the applicant. <Amended on Jun. 20, 2008; Sep. 11, 2014; Dec. 18, 2018> |
[Title Amended on Dec. 18, 2018]
| Article 13 (Registration of Alteration of Seeds and Seedlings Growers) |
| (1) | "Important matters determined by Presidential Decree" in the latter part of Article 16 (1) of the Act means the following: <Amended on Jun. 20, 2008> |
| 1. | The type(s) and number of person(s) with technical qualifications; |
| 2. | The scale of production facilities. |
| (2) | The relevant seeds and seedlings grower shall register the alteration with the head of the competent Si/Gun/Gu where any alteration is made to the important matters referred to in paragraph (1) within 30 days from the date a cause therefor arises. <Amended on Jun. 20, 2008; Sep. 11, 2014> |
[Title Amended on Jun. 20, 2008]
| Article 13-2 (Criteria for Imposition of Penalty Surcharges) |
The criteria for imposing penalty surcharges under Article 16-2 (1) of the Act shall be as specified in attached Table 1. [This Article Newly Inserted on Jun. 27, 2023]
| Article 13-3 (Imposition and Payment of Penalty Surcharges) |
| (1) | When the head of a Si/Gun/Gu intends to impose a penalty surcharge under Article 16-2 (1) of the Act, he or she shall give written notice requiring the payment of such penalty surcharge, specifying the type of the relevant violation and the amount of the penalty surcharge. |
| (2) | A person notified under paragraph (1) shall pay the relevant penalty surcharge to a collecting agency determined by the head of a Si/Gun/Gu within 30 days from the date of receipt of the notice. |
| (3) | A collecting agency that receives a penalty surcharge under paragraph (2) shall issue a receipt to the payer and notify the head of a Si/Gun/Gu of such fact without delay. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 14 (Qualifications for Agents for Seeds and Seedlings Growing Business) |
| (1) | "Persons meeting the qualification standards prescribed by Presidential Decree" in Article 17 (1) of the Act means persons who meet all of the following requirements: <Amended on Jun. 20, 2008; Jun. 30, 2014; Jul. 2, 2019> |
| 1. | A person for whom at least two years have elapsed since he or she was registered to engage in the seeds and seedlings growing business pursuant to Article 16 (1) of the Act, and whose management category is seedlings; |
| 2. | A person who owns a field (referring to a place to produce, manage, and distribute seedlings and including rented fields) of at least 5,000 square meters; |
| 3. | A person who owns a simplified greenhouse (limited to the production of container seedlings). |
| (2) | The facility standards for the field referred to in paragraph (1) 2 and the simplified greenhouse referred to in paragraph (1) 3 shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Notwithstanding paragraph (1), any of the following persons may be excluded from acting as agents for the seeds and seedlings growing business: <Amended on Jun. 20, 2008; Jan. 5, 2021> |
| 1. | A person whose production of seeds and seedlings has failed to reach 90 percent of the designated production for the most recent three consecutive years without any natural disaster or any other extenuating circumstances; |
| 2. | A person who has outsourced the production of seeds and seedlings to a third party under a subcontract or contract for the most recent five years; |
| 3. | A person for whom one year has yet to elapse after the termination of an administrative disposition taken in connection with the production of seeds and seedlings for forest. |
| (4) | Procedures for designating agents for the seeds and seedlings growing business under Article 17 (1) of the Act and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Compensation for Disasters) |
| (1) | The Minister of the Korea Forest Service or the Mayor/Do Governor shall appropriate an amount not exceeding 2/100 of the production cost of seeds and seedlings for expenditure for seeds and seedlings as financial resources for compensation of disasters under Article 17 (2) of the Act. |
| (2) | The Minister of the Korea Forest Service shall administer and manage the financial resources referred to in paragraph (1): Provided, That the Minister of the Korea Forest Service may delegate the affairs concerning the administration and management thereof to the National Forestry Cooperatives Federation, where deemed necessary. |
| Article 16 (Prices of Seeds and Seedlings Produced by Agents) |
| (1) | Where the State or a local government intends to purchase seeds and seedlings for forest that are required to implement a forest project, it shall pay the prices determined and publicly notified by the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the head of a local government may determine and publicly notify the prices of seeds and seedlings for forest in any of the following cases: <Amended on Feb. 29, 2008; Jun. 20, 2008; Nov. 30, 2012; Mar. 23, 2013> |
| 1. | Where the local government conducts tests, research, or a seed and seedling pilot project to implement a forest project; |
| 2. | Where it is inappropriate for the Minister of the Korea Forest Service to determine and publicly notify the prices of seeds and seedlings for a forest due to the unique nature of such seeds and seedlings to each local government. |
[Title Amended on Jun. 20, 2008]
| Article 17 (Designation, and Rescission of Designation of, Forests for Seed Collection) |
| (1) | "Official or public facilities determined by Presidential Decree" in Article 19 (3) 3 of the Act means the following facilities: <Amended on Jun. 20, 2008; Sep. 22, 2008; Nov. 16, 2011; Jun. 5, 2012; Dec. 9, 2014> |
| Article 18 Deleted. <Jun. 8, 2021> |
| Article 18-2 Deleted. <Jun. 8, 2021> |
| Article 19 Deleted. <Jun. 8, 2021> |
SECTION 5 Implementation of Forest Projects
| Article 20 (Methods of Requesting Provision of Information) |
| (1) | Where the Minister of the Korea Forest Service or the head of a Si/Gun/Gu requests a facilities-based telecommunications business operator under Article 6 of the Telecommunications Business Act (hereafter in this Article referred to as "facilities-based telecommunications business operator") pursuant to Article 22 (4) of the Act to request a telephone number (including a mobile telephone number) of a forest owner pursuant to Article 22 (4) of the Act, he or she shall prepare a written request for information determined and publicly notified by the Minister of the Korea Forest Service and make such request through e-mail, facsimile, etc. |
| (2) | A facilities-based telecommunications business operator upon receipt of a request to provide information pursuant to paragraph (1) shall provide the relevant information to the State or a local government through e-mail, facsimile, etc., unless there is a good cause to the contrary. |
| (3) | A person who uses information collected pursuant to Article 22 (4) of the Act and paragraphs (1) and (2) of this Article shall comply with the following matters: |
| 1. | The information shall not be used for purposes other than preventing secondary damage caused by forest fires, landslides, etc., and shall be destroyed without delay at the time of completion of business; |
| 2. | The information shall not be used for the purpose of infringing on the rights of a third party or committing any illegal act, such as a crime; |
| 3. | The information shall not be freely provided or leaked to a third party; |
| 4. | The information shall not be forged or altered; |
| 5. | Measures to ensure safety shall be taken to prevent information from being lost or stolen; |
| 6. | Encryption measures shall be taken to ensure safe storage and transmission of information; |
| 7. | The person shall establish and operate a security program that can prevent and treat malicious programs, etc.; |
| 8. | The details of the collection, use, provision, and destruction of information shall be recorded and preserved. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for requesting, providing, using of information and others shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Dec. 19, 2023]
| Article 21 (Projects Necessary for Implementing Forest Policies) |
"Projects prescribed by Presidential Decree" in Article 23 (1) 3 of the Act means the following: <Amended on Dec. 12, 2017; Jun. 8, 2021> | 1. | A project to research national forest resources; |
| 2. | A project to prepare forest management plans; |
| 4. | A project to create and manage urban forests, etc. under Article 2 (2) 10-2; |
[This Article Newly Inserted on Jul. 21, 2010]
| Article 22 (Persons Deemed Capable of Managing Forests) |
| (1) | "Person who meets the standards prescribed by Presidential Decree" in Article 23 (2) 2 of the Act means the following: <Amended on Jun. 20, 2008; Nov. 27, 2018> |
| 1. | A corporation or an organization that owns and manages at least 50 hectares of forest; |
| Article 23 (Implementation of Urgent Forest Protection Projects) |
"Circumstances prescribed by Presidential Decree" in Article 23 (4) 4 of the Act means any of the following cases: <Amended on Jun. 20, 2008; Dec. 19, 2023> | 1. | Where restoration or any other emergency measure is required after a landslide, earthquake, or tidal wave; |
| 2. | Where necessary to prevent or extinguish a forest fire. |
| Article 23-2 (Requirements for Registration of National Forest Management Associations) |
"Requirements for registration prescribed by Presidential Decree" in the former part of Article 23-2 (3) of the Act means the following: <Amended on Jun. 30, 2014; Nov. 27, 2018> | 1. | A national forest management association shall have not less than 6 but not more than 30 members; |
| (a) | Where the number of members is not less than 6 but not more than 10: 60 percent; |
| (b) | Where the number of members is not less than 11 but not more than 30: 50 percent; |
[This Article Newly Inserted on Nov. 30, 2012]
| Article 23-3 (Management of Forest Projects by Proxy) |
| (1) | "Forest projects prescribed by Presidential Decree" in Article 23-4 (1) of the Act means the projects prescribed in the subparagraphs of Article 2 (2). |
| (2) | "Institutions or organizations prescribed by Presidential Decree, such as a forestry cooperative" in Article 23-4 (1) of the Act means any of the following institutions or organizations: Provided, That an institution or organization that conducts a forest project or that conducts by proxy or entrusts such project shall be excluded from the designation of an institution or organization that manages the relevant forest project by proxy: |
| (3) | "Cases prescribed by Presidential Decree" in Article 23-4 (2) 5 of the Act means where matters requiring urgent measures, such as disaster prevention, are not reported to the head of a Si/Gun/Gu in the course of conducting management by proxy. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 24 (Modification to Registered Information on Forest Project Corporations) |
| (1) | "Type of a forest project prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 24 (1) of the Act means the following: <Newly Inserted on Jul. 9, 2019; Jun. 8, 2021> |
| 1. | A project implemented to plan forest management and conduct a forest research; |
| 2. | A project implemented to tend a forest and prevent forest diseases and pests; |
| 3. | A project regarding forest public works; |
| 4. | A project to create natural recreational forests, etc.; |
| 5. | A project to create and manage urban forests, etc.; |
| 6. | A project implemented to create and manage forest trails. |
| (2) | "Important matters prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 24 (1) of the Act means the following: <Amended on Jun. 20, 2008; Jul. 9, 2019> |
| 1. | The name of a corporation; |
| 2. | The representative of a corporation; |
| 3. | The location (address) of a corporation; |
| 4. | Types or the number of qualified technicians. |
| Article 25 (Requirements for Registration of Forest Project Corporations) |
"Requirements prescribed by Presidential Decree" in Article 24 (1) 2 of the Act means the requirements for registration specified in attached Table 2. <Amended on Jun. 20, 2008; Jun. 27, 2023>
| Article 25-2 (Persons Eligible to Implement Forest Projects without Registration as Forest Project Corporations) |
[This Article Newly Inserted on Sep. 11, 2014]
| Article 26 (Details of Contracts for Forest Projects) |
"Matters prescribed by Presidential Decree" in Article 24-2 (2) of the Act means the following: | 1. | Specific details of a project; |
| 2. | Amounts of wages out of the contract price; |
| 3. | Timing of the commencement and completion of a project; |
| 4. | Timing and methods of making an advance payment or progress payment of the contract price, if any agreement is made on such advance payment or progress payment; |
| 5. | Matters regarding the bearing of loss, if either of the parties to a contract requests a modification of design, suspension of a project, or cancellation of the contract; |
| 6. | Matters regarding the scope of exemption from liability in the event of a natural disaster or any other force majeure event; |
| 7. | Matters regarding a change in the contract price and the details of a project due to a modification of design, price fluctuations, and any other factor; |
| 10. | Inspection of the objects of a contract for delivery and the timing of such delivery; |
| 11. | Timing of the payment of the contract price after the completion of a project; |
| 12. | Matters regarding compensation for loss, such as the payment of a penalty and overdue interest, if the performance of a contract is delayed; |
| 13. | Period and methods of warranty; |
| 14. | Matters regarding the methods for disposing of wastes generated in the process of implementing the relevant project and the recycling of such wastes; |
| 15. | Other matters to be specified in accordance with other statutes or regulations or any agreement made by both parties to a contract. |
[This Article Newly Inserted on Nov. 24, 2020]
| Article 27 (Standards for Designating Special Forest Project Zones) |
| (1) | "Scale determined by Presidential Decree" in Article 28 (2) 1 of the Act means a forest where the area of a single special forest project zone is not less than 300 hectares. <Amended on Jun. 20, 2008> |
| (2) | "Standards determined by Presidential Decree" in Article 28 (2) 2 of the Act means the following: <Amended on Jun. 20, 2008> |
| 1. | The area for creating resources (including afforestation, regeneration of species of trees, thinning, and other forest tending activities) shall be at least 50 percent of the relevant forest; |
| 2. | At least 70 percent of the relevant special forest project zone shall be an area available for forest management. |
| (3) | The Minister of the Korea Forest Service or a Mayor/Do Governor shall determine a designation period of up to 70 years when designating a special forest project zone pursuant to Article 28 of the Act. The same shall also apply to the extension of such period. <Amended on Nov. 30, 2012> |
| (4) | A person who intends to obtain the designation of a special forest project zone pursuant to Article 28 of the Act shall submit an application therefor to the Minister of the Korea Forest Service or the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Nov. 30, 2012; Mar. 23, 2013> |
| Article 28 (Standards for Preparation of Special Forest Project Plans) |
A special forest project plan referred to in Article 28 (1) of the Act shall include the following: | 1. | Objectives of the project; |
| 2. | The status of a target area for the project; |
| 3. | The project area and quantity for each type of forest project; |
| 4. | An annual project plan. |
| Article 29 (Rescission of Designation as Special Forest Project Zones) |
| (1) | "Official or public facilities determined by Presidential Decree" in Article 29 (1) 3 of the Act means the following facilities: <Amended on Jun. 20, 2008; Sep. 22, 2008> |
| 1. | Broadcasting and communications facilities; |
| 2. | Petroleum stockpile and storage facilities; |
SECTION 6 Forest Management Technicians
| Article 30 Deleted. <Nov. 27, 2018> |
| Article 31 (Forest Management Technicians) |
| (1) | A forest management technician referred to in Article 31 (4) of the Act shall meet the following qualification requirements: <Amended on Dec. 18, 2018; Aug. 9, 2022; May 30, 2023> |
| 1-2. | A person who graduated from school prescribed in each subparagraph of Article 2 of the Higher Education Act with a major in the field of forestry or landscape architecture or a person who is deemed to have equivalent academic qualifications under statutes or regulations; |
| 3. | Any of the following persons who graduated from high school or who are deemed to have equivalent or higher academic qualifications: |
| (a) | A person who has engaged in the field of forestry technology for a forestry cooperative or the National Forestry Cooperative Federation for at least two years (including a career obtained before school graduation or acknowledgement of academic qualifications); |
| (b) | A person who has at least two years’ practical experience at an organization related to forest projects designated by the Minister of the Korea Forest Service (including a career obtained before school graduation or acknowledgement of academic qualifications); |
| 4. | A person who has engaged in the field of forestry technology for a forestry cooperative or the National Forestry Cooperative Federation for at least three years, or a person who has at least three years’ practical experience in an organization related to forest projects designated by the Minister of the Korea Forest Service. |
| (2) | Standards for posting forest management technicians and other related matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jul. 21, 2010]
SECTION 7 Surveys of Forest Resources and Technology Development
| Article 31-2 (Establishment and Operation of Forest Satellite Observation Network and Collection and Utilization of Information) |
| (1) | The Minister of the Korea Forest Service may perform the following duties to efficiently establish and operate the forest satellite observation network prescribed in Article 33-2 (1) of the Act (hereinafter referred to as "forest satellite observation network") and to collect and utilize information: |
| 1. | Developing a forest satellite to manage forest resources; to prevent, control, and recover from forest disasters; and to understand the impacts of climate change on forests; |
| 2. | Establishing and operating an forest satellite ground station; |
| 3. | Conducting research and development to establish and operate a forest satellite observation network and to collect and utilize information; |
| 4. | Cooperating with relevant institutions or organizations to establish and operate a forest satellite observation network and to collect and utilize information; |
| 5. | Developing specialized human resources necessary to establish and operate a forest satellite observation network and to collect and utilize information; |
| 6. | Collecting, producing, analyzing, and distributing forest satellite observation data; |
| 7. | Verifying data and conducting improvement activities to enhance the accuracy of forest satellite observation data; |
| 8. | Other matters necessary to efficiently establish and operate a forest satellite observation network and to collect and utilize information. |
| (2) | If necessary to perform the duties prescribed in paragraph (1), the Minister of the Korea Forest Service may request the head of a relevant institution to provide related data. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 32 (Formulation and Implementation of Master Plans for Forest Science and Technology) |
| (1) | A master plan for forest science and technology formulated and implemented pursuant to Article 34 (1) of the Act shall include the following matters: |
| 1. | Status of, and long-term prospects for, forest science and technology; |
| 2. | Objectives of the development of forest science and technology, and measures to accomplish the objectives; |
| 3. | Enhancement of competitiveness of forest science and technology, and schemes to promote the utilization of forest science and technology; |
| 4. | Collection, classification, processing, and dissemination of information on forest science and technology; |
| 5. | Other matters deemed necessary by the Minister of the Korea Forest Service for the development of forest science and technology. |
| (3) | The Minister of the Korea Forest Service shall formulate and execute an implementation plan each year according to the relevant master plan for forest science and technology, and shall prepare a report on the results of the implementation and announce such results. |
| (4) | Deleted. <Oct. 20, 2008> |
| (5) | The head of a research institute under the Korea Forest Service shall formulate its own medium and long-term plan for technology development according to the relevant master plan for forest science and technology, and implement such plan after obtaining approval thereof from the Minister of Korea Forest Service. |
| Article 33 (Projects Eligible for Joint Research) |
| (1) | Projects eligible for joint research referred to in Article 34 (3) of the Act shall be as follows: <Amended on Jun. 20, 2008; Nov. 24, 2020> |
| 1. | Development of new technology in the field of forestry, and a research and development project to commercialize developed technology; |
| 2. | A research and development project for commercialization through technical cooperation between forestry and other industrial sectors; |
| 3. | A project to develop technology deemed to necessitate commercialization that is implemented at the request of the head of any other central administrative agency or local government; |
| 4. | An international research project implemented jointly with any foreign research institute, international research institute, international body, or foreign university to facilitate the development of domestic forest science and technology; |
| 5. | A basic or base research project laying a foundation for the projects specified in subparagraphs 1 through 4; |
| 6. | Any other project to develop technology joint research of which is deemed necessary by the Minister of the Korea Forest Service. |
| (2) | Where the Minister of the Korea Forest Service intends to permit joint research to be conducted under Article 34 (3) of the Act, he or she shall formulate an annual plan for joint research and development and select a joint research and development project and a joint research and development institute that performs such project by means of a public contest: Provided, That such project and institution may be selected by means of designation, etc. other than a public contest under the proviso of Article 9 (4) of the National Research and Development Innovation Act. <Amended on May 30, 2023> |
| Article 34 (Conclusion of Agreements) |
[This Article Wholly Amended on May 30, 2023]
| Article 35 (Use of Joint Research and Development Outcomes) |
Where an enterprise, etc. that has participated in joint research and development pursuant to Article 35 (1) of the Act intends to use outcomes of that joint research and development (excluding state-owned patents registered in connection with in-service inventions; hereinafter the same shall apply), the enterprise shall enter into a contract with the Minister of the Korea Forest Service on the use of the outcomes and shall pay royalties, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the Minister of the Korea Forest Service may grant exemption from royalties, if it is deemed that the outcomes of joint research and development constitute any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Where the outcomes need to be promptly disseminated nationwide to increase income of persons engaging in forestry; |
| 2. | Where the outcomes are necessary for domestic industrial development, including export promotion, and import substitution; |
| 3. | Where the outcomes need to be disseminated nationwide to preserve the forest environment; |
| 4. | Where the outcomes are necessary to promote Government policies, such as supporting and nurturing small and medium enterprises; |
| 5. | Any other circumstances deemed by the Minister of the Korea Forest Service specifically necessary to enhance the competitiveness of forestry and relevant industries. |
| Article 36 (Paying Remuneration) |
| Article 37 (Use of Patent Pending In-Service Inventions) |
| (1) | Any person who intends to industrialize a patent pending in-service invention pursuant to Article 35 (3) of the Act shall enter into a contract with the Minister of the Korea Forest Service on the use of such invention, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of the Korea Forest Service may determine matters concerning the collection of, and exemption from, royalties by applying mutatis mutandis Article 35 thereto when entering into a contract under paragraph (1). |
| (3) | Articles 10 through 12 of the Regulations on Disposal and Management of State Public Officials' In-Service Inventions and Remuneration shall apply to the principles, methods, etc. of disposing of patent pending in-service inventions. <Amended on Jun. 20, 2008; Oct. 19, 2021> |
| Article 38 (Contract Term and Computation of Royalties) |
| (1) | Where a contract is entered into to use joint research and development outcomes under Article 35 or a patent pending in-service invention under Article 37, the contract term shall not exceed three years. |
| (2) | Where a contract is entered into to use joint research and development outcomes under Article 35 or a patent pending in-service invention under Article 37, the method of computing royalties shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 39 (Consultation with Commissioner of Korean Intellectual Property Office) |
The Minister of the Korea Forest Service shall consult with the Commissioner of the Korean Intellectual Property Office on the following matters to conclude a contract on joint research and development outcomes for which a patent application has been filed or on a patent pending in-service invention:
| 1. | Succession of the contract, if the State succeeds to such outcomes or invention; |
| 2. | Exemption from royalties referred to in Articles 35 and 37; |
| 3. | Any other matters necessary for a contract on joint research and development outcomes for which a patent application has been filed, or on a patent pending in-service invention. |
SECTION 8 Dissemination and Management of Rose of Sharon
| Article 39-2 (Detailed Promotion Plans for Rose of Sharon) |
"Matters prescribed by Presidential Decree" in Article 10 (1) 13 of the Act means the following: | 1. | Creation and management of Rose of Sharon hills, streets, etc.; |
| 2. | Development of, and education on, Rose of Sharon planting and management techniques; |
| 3. | Enhancement of the status of Rose of Sharon and publicity therefor; |
| 4. | Annual projects to be implemented and fund-raising therefor; |
| 5. | Any other matters necessary to promote Rose of Sharon. |
[This Article Newly Inserted on May 29, 2017]
| Article 39-3 (Formulation of Annual Implementation Plans) |
| (1) | The Minister of the Korea Forest Service shall formulate an annual implementation plan for the relevant year by January 31 each year pursuant to Article 35-3 (1) of the Act. |
| (2) | The annual implementation plan referred to in paragraph (1) shall include the following: |
| 1. | Projects to be implemented in the relevant year in accordance with the promotion plan for Rose of Sharon referred to in Article 35-2 of the Act (hereinafter referred to as "promotion plan for Rose of Sharon"); |
| 2. | Calculation of expenses incurred in implementing relevant projects, and fund-raising therefor; |
| 3. | Evaluation of project performance for the preceding year; |
| 4. | Any other matters necessary to execute the annual implementation plan referred to in paragraph (1). |
| (3) | Upon formulating an annual implementation plan pursuant to paragraph (1), the Minister of the Korea Forest Service shall notify the heads of relevant administrative agencies and the Mayors/Do Governors of such plan. In such cases, the heads of relevant administrative agencies and the Mayors/Do Governors so notified shall provide cooperation for the smooth implementation of the annual plan. |
| (4) | Where a Mayor/Do Governor formulates an annual implementation plan pursuant to Article 35-3 (2) of the Act, he or she shall formulate an annual implementation plan for the following year and submit it to the Minister of the Korea Forest Service by December 31 of the preceding year, except in extenuating circumstances. |
| (5) | A Mayor/Do Governor shall submit outcomes of executing the annual implementation plan submitted pursuant to paragraph (4) to the Minister of the Korea Forest Service by December 31 of the relevant year. |
[This Article Newly Inserted on May 29, 2017]
| Article 39-4 (Scope of Fact-Finding Surveys) |
| (1) | The scope of a fact-finding survey on the status, etc. of the dissemination and management of Rose of Sharon referred to in Article 35-4 (1) of the Act (hereinafter referred to as "fact-finding survey") is as follows: |
| 1. | Status of planting, disseminating, and managing Rose of Sharon; |
| 2. | Status of the production base for Rose of Sharon; |
| 3. | Any other matters necessary to formulate and implement the promotion plan for Rose of Sharon as well as the annual implementation plan referred to in Article 35-3 (1) of the Act. |
| (2) | The Minister of the Korea Forest Service shall conduct a fact-finding survey according to the following classifications: |
| 1. | Regular survey: A survey conducted every five years in order to use the results thereof in formulating and implementing the promotion plan for Rose of Sharon; |
| 2. | Occasional survey: A survey conducted occasionally, whenever deemed necessary by the Minister of the Korea Forest Service to effectively formulate and execute the annual implementation plan, etc. referred to in Article 35-3 (1) of the Act. |
| (3) | The Minister of the Korea Forest Service shall conduct a fact-finding survey by means of an on-site survey, statistical survey, written survey, etc. and may use an electronic means, such as information and communications networks or e-mails. |
[This Article Newly Inserted on May 29, 2017]
| Article 39-5 (Scope of Private Organizations Eligible for Subsidization) |
"Corporation or organization prescribed by Presidential Decree" in Article 35-6 of the Act means any of the following corporations or organizations relating to the dissemination, management, research, and development of Rose of Sharon: | 1. | A national or public research institute; |
| 2. | A university, industrial university, junior college, or technical college prescribed in the Higher Education Act; |
| 3. | A non-profit corporation or organization established to disseminate, manage, research, or develop Rose of Sharon. |
[This Article Newly Inserted on May 29, 2017]
CHAPTER III USE OF FOREST RESOURCES
| Article 40 (Alteration of Matters Permitted for Felling Standing Timber) |
| (1) | "Important matters prescribed by Presidential Decree" in the latter part of Article 36 (1) of the Act means the following: <Amended on Jun. 20, 2008> |
| 1. | Area of the relevant zone; |
| 2. | Felling, extraction, or collection area; |
| 3. | Quantity permitted (limited to cases where at least 30 percent of the relevant forest is altered for felling). |
| Article 41 (Areas Subject to Restrictions on Felling Standing Timber) |
| (1) | "Areas prescribed by Presidential Decree" in the main clause of Article 36 (2) of the Act means the areas publicly notified by the head of a Si/Gun/Gu or the director general of a regional office of forest service to prevent forest disasters such as a landslide and soil or sand erosion. <Amended on May 30, 2023> |
| (2) | Where the head of a Si/Gun/Gu or the director general of a regional office of forest service intends to publicly notify an area subject to restrictions on felling standing timber under paragraph (1), he or she shall publicly notify a topographical map on a scale of at least 1:25,000 that indicates the cadastre of land (referring to a cadastral map, if a database of topographical maps indicating the cadastre of land is not established in the national land use information system prescribed in Article 12 of the Framework Act on the Regulation of Land Use or if it is impracticable to utilize a topographical map due to any discrepancy between topography and the cadastre of land), and the lot number and area of such area, and shall notify the relevant forest owner of such fact. The same shall also apply where any change is made to the area publicly notified or such public notification is canceled. |
| Article 42 (Felling Standing Timber after Obtaining Permission) |
| (1) | Felling activities are permitted pursuant to the proviso of Article 36 (2) of the Act in any of the following cases: |
| 1. | Felling activities to prevent or remove damage by blight and harmful insects; |
| 2. | Felling activities on forest land damaged by a forest fire, landslide, or any other disaster; |
| 3. | Felling activities for forest tending, such as growing young trees and thinning. |
[This Article Wholly Amended on Jun. 27, 2023]
| Article 42-2 (Standards and Procedures for Subsidizing Environment-Friendly Felling Activities) |
| (1) | Where felling activities are conducted by minimizing any damage to ecology or landscape and any risk of a disaster under Article 36 (4) of the Act (hereinafter referred to as "environment-friendly felling activities"), the standards for providing a subsidy shall be as follows: |
| 1. | A person eligible for the payment of a subsidy: A person who owns any forest (referring to the owner of standing timber who obtains consent from the owner of land, if the owner of land is not the owner of standing timber) and conducts environment-friendly felling activities; |
| 2. | Methods for calculating expected revenues: Deducting expenses incurred in felling activities, transportation, etc. from the market price of standing timber; |
| 3. | The scope of the growing stock of standing timber eligible for the payment of a subsidy: Up to 20/100 of the total growing stock of standing timber within a felling zone; |
| 4. | The area of a felling zone eligible for the payment of a subsidy: At least 50,000 square meters. |
| (2) | Where a person eligible for the payment of a subsidy under paragraph (1) 1 intends to receive the subsidy, he or she shall submit an application therefor prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu or the director general of a regional office of forest service. |
| (3) | Upon receipt of an application for a subsidy under paragraph (2), the head of a Si/Gun/Gu or the director general of a regional office of forest service shall verify a land registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act (only applicable where the applicant is the owner of land) and shall reflect the results of an on-site survey in determining whether to provide the subsidy and the amount thereof. |
| (4) | Where a person who has received a subsidy engages in felling standing timber, etc. that are left after environment-friendly felling activities are conducted within five years from the date of receipt of such subsidy, he or she shall return the amount calculated by adding to the subsidy the interest prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs on a pro rata basis from the date the subsidy is provided to the date it is returned: Provided, That the subsidy shall not be returned in cases falling under the subparagraphs of Article 23 (4) of the Act. |
| (5) | The standards and applications for providing a subsidy, an on-site survey, the calculation of a subsidy, and the procedures for providing a subsidy under paragraphs (1) through (4), and other details necessary for such provision shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 42-3 (Felling Standing Timber after Filing Reports) |
A person may engage in felling standing timber, etc. under the former part of Article 36 (1) of the Act after filing a report with the head of a Si/Gun/Gu or the director general of a regional office of forest service under Article 36 (5) of the Act in the following cases: | 1. | Where he or she unavoidably fells additional standing timber to implement an intended project or to conduct any other activity within the period for changing the form and quality in an area other than the area, the form and quality of which is to be changed, upon obtaining permission for conversion of the relevant mountainous district under Article 14 of the Mountainous Districts Management Act; reporting on conversion of the mountainous district under Article 15 of that Act; or obtaining permission for or reporting on the temporary use of the mountainous district under Article 15-2 of that Act (including where a mountainous district is converted or temporarily used after an administrative disposition is made by which permission for or a report on the temporary use of such mountainous district is deemed granted, filed, or excluded pursuant to other statutes or regulations); |
| 2. | Where he or she fells standing timber that is fallen or branches of which are broken due to blight and harmful insects, a forest fire, damage from wind or snow, or any other natural disaster in an area where the felling of standing timber is unlikely to cause soil or sand erosion, a landslide, or any other disaster; |
| 3. | Where he or she engages in felling activities to change species of trees in an inferior forest; |
| 4. | Where he or she engages in any minor felling activities or digging prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43 (Arbitrarily Felling Standing Timber) |
A person may fell standing timber, etc. without permission or reporting required under Article 36 (8) of the Act in the following cases: <Amended on Jul. 27, 2007; Feb. 29, 2008; Dec. 7, 2010; Nov. 30, 2012; Mar. 23, 2013; Sep. 11, 2014; Jul. 20, 2015; Dec. 18, 2018; Jun. 27, 2023> | 1. | Where the person fells timber for grass-cutting, tree-pruning or growing young trees; |
| 1-2. | Where the person plants trees on the land that is classified under a land category other than forest land, and frequently fells timber within a period of five years to produce wood pellets, wood chips, or other forest biomass energy; |
| 5. | Where a research institute under the Korea Forest Service implements a project necessary for testing and research in a state forest under its jurisdiction; |
| 6. | Where the Administrator of the Cultural Heritage Administration implements a project to protect cultural heritage in a state forest under his or her jurisdiction; |
| 7. | Where a person who has obtained permission to convert or temporarily use a mountainous district under Article 14 or 15-2 (1) of the Mountainous Districts Management Act or has reported the conversion or temporary use of a mountainous district under Article 15 or 15-2 (4) of that Act (including persons who are subject to an administrative disposition by which permission or a report is deemed granted, filed, or excluded pursuant to other statutes or regulations) intends to fell standing timber, etc. that is an activity accompanying the conversion of such mountainous district; |
| 8. | Where any of the following persons intends to fell standing timber, etc. that is an activity accompanying the extraction or collection of soil or stone: |
| 9. | Any other activities for the convenience of the general public that are prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 43-2 (Subject Matters of Preliminary Feasibility Studies on Felling Standing Timber and Specialized Institutions) |
| (1) | "Felling standing timber, etc., the scale of which is at least that Prescribed by Presidential Decree" in the main clause of Article 36-4 (1) of the Act means felling standing timber, etc., the scale of which is at least 100,000 square meters. |
| (2) | "Specialized institutions prescribed by Presidential Decree" in the main clause of Article 36-4 (1) of the Act means any of the following institutions (hereafter in this Chapter referred to as "specialized institution"): |
| (3) | "Cases prescribed by Presidential Decree, such as felling standing timber, etc. due to forest fires, forest diseases and pests, landslides, and any other forest disaster" in the proviso of Article 36-4 (1) of the Act means the following: |
| 1. | Where it is urgently necessary to protect forests in order to prevent or extinguish forest fires; |
| 2. | Where a forest project is urgently required for disease and pest control, etc.; |
| 3. | Where damage is expected to be caused by a landslide, wind, rain, snow, an earthquake, a tidal wave, and any other natural phenomenon and therefore such damage is required to be prevented or where restoration activities are urgently required because the damage is caused; |
| 4. | Other cases equivalent to those prescribed in subparagraphs 1 through 3, which are determined and publicly notified by the Minister of the Korea Forest Service to urgently cope with forest disasters. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43-3 (Procedures and Standards for Preliminary Feasibility Studies) |
| (1) | Where the head of a Si/Gun/Gu or the director general of a regional office of forest service conducts a preliminary feasibility study under the main clause of Article 36-4 (1) of the Act (hereinafter referred to as "preliminary feasibility study"), he or she shall submit to a specialized institution a written request for the preliminary feasibility study prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (2) | Upon receipt of a request for a preliminary feasibility study under paragraph (1), a specialized institution shall conduct the preliminary feasibility study in accordance with the following: |
| 1. | The details of a project, including the appropriateness of the area of felling standing timber, etc., shall be reasonable; |
| 2. | The preliminary feasibility study shall be in conformity with the principles of sustainable forest resources management, such as the conservation of topography and the environment; |
| 3. | Efforts shall be made to minimize the impact on mountainous scenery and forest disasters. |
| (3) | Where necessary for a preliminary feasibility study, a specialized institution may request the head of a relevant administrative agency to provide data, such as on the history of forest fires, landslides, forest tending, felling activities, and permission for development activities. In such cases, the head of the relevant administrative agency so requested shall provide the specialized institution with the relevant data within 10 days from the date of receipt of the request unless there is a compelling reason not to do so. |
| (4) | A person who intends to request a preliminary feasibility study under paragraph (1), report the results of such request, and conduct any other activity may utilize the forest resource information system prescribed in Article 33 of the Act or the information system relating to the sustainable use of timber specified in Article 8 (2) of the Act on the Sustainable Use of Timbers. |
| (5) | The procedures for filing an application for a preliminary feasibility study prescribed in paragraphs (1) through (4), the standards for conducting such study, and any other details necessary for the study shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43-4 (Supervision over Specialized Institutions) |
| (1) | The Minister of the Korea Forest Service may supervise the following with respect to a specialized institution: |
| 1. | Matters regarding the methods and management of preliminary feasibility studies; |
| 2. | Matters regarding the current status of specialized human resources for preliminary feasibility studies; |
| 3. | Other matters deemed necessary by the Minister of the Korea Forest Service to supervise preliminary feasibility studies. |
| (2) | The Minister of the Korea Forest Service may request a specialized institution to submit data necessary for supervision under paragraph (1), and the specialized institution so requested shall submit the relevant data without delay unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43-5 (Retention of Results of Preliminary Feasibility Studies) |
The head of a Si/Gun/Gu or the director general of a regional office of forest service shall retain the following documents pursuant to Article 36-4 (3) of the Act: | 1. | A project plan for felling standing timber, etc. subject to a preliminary feasibility study; |
| 2. | A drawing that indicates the current status of felling standing timber, etc. subject to a preliminary feasibility study (including an electronic drawing); |
| 3. | Written results of a preliminary feasibility study. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43-6 (Deliberative Committee on Felling Standing Timber) |
| (1) | The Deliberative Committee on Felling Standing Timber, etc. established under Article 36-5 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall deliberate on the following: |
| 1. | Matters requiring permission where the area of felling standing timber, etc. is at least 200,000 square meters; |
| 2. | Other matters that require permission for felling standing timber and are referred by the chairperson of the Deliberative Committee to its meetings. |
| (2) | The Deliberative Committee shall be composed of up to 10 members, including one chairperson and one vice chairperson, taking gender equality into consideration. |
| (3) | The following persons shall serve as the chairperson of the Deliberative Committee according to the classification of administrative authorities in charge of respective forests under Article 5 of the Act, and the vice chairperson shall be elected among and by its members: : |
| 1. | National forests under the jurisdiction of the Korea Forest Service: The director general of the regional office of forest service having jurisdiction over the location of the relevant national forest; |
| 2. | National forests other than those prescribed in subparagraph 1, public forests, and private forests: The deputy head of the Special Self-Governing City Mayor, Special Self-Governing Province Governor (referring to a Special Self-Governing Province in which a Si/Gun that is a local government is not within its jurisdiction), or the Si/Gun/Gu (a Gu refers to an autonomous Gu) having jurisdiction over the location of the relevant forest. In such cases, if there are at least two deputy heads of a local government, the person designated by the head of the relevant local government shall serve as the chairperson. |
| (4) | Members shall be appointed or commissioned by the head of a Si/Gun/Gu or the director general of a regional office of forest service from among any of the following persons. In such cases, the number of commissioned members shall be a majority of the total number of members: |
| 1. | A public official of Grade VI or higher in charge of duties related to the field of forestry, such as forest management, creation of forest resources, forest disasters, and forest ecology; |
| 2. | A person who holds or has held the rank of assistant professor or higher in a department related to the field of forestry at a university or college prescribed in subparagraph 1 of Article 2 of the Higher Education Act; |
| 3. | A person who qualifies as a forest professional engineer under the National Technical Qualifications Act with at least three years' practical experience (including one before being qualified); |
| 4. | Other persons who are commissioned by the chairperson from among those with extensive knowledge of and experience in the field of forestry or the environment. |
| (5) | A member who is not a public official shall hold office for a term of two years: Provided, That a member who fills a vacancy shall hold office for the remaining term of his or her predecessor. |
| (6) | Where deemed necessary, the chairperson shall convene and preside over a meeting. |
| (7) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (8) | The chairperson of the Deliberative Committee may dismiss a member in any of the following cases: |
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | The member has engaged in any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where the member fails to recuse himself or herself although he or she falls under any subparagraph of Article 43-7 (1); |
| 5. | Where the member voluntarily admits that it is impracticable for him or her to perform his or her duties. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the composition and operation of the Deliberative Committee shall be determined by the chairperson following its resolution. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 43-7 (Exclusion of, Challenge to, or Recusal of, Members) |
| (1) | A member of the Deliberative Committee shall be excluded from its deliberation and resolution in any of the following cases: |
| 1. | Where the member or his or her current or former spouse is a party to the relevant agenda item subject to deliberation or is a joint right-holder or joint obligor with a party to the relevant application; |
| 2. | Where the member is or was a relative of a party to the relevant agenda item subject to deliberation; |
| 3. | Where the member is conducting or has conducted business affairs related to any advice, research, service, appraisal, etc. with respect to the relevant agenda item subject to deliberation; |
| 4. | Where the member or the institution or corporation to which he or she belongs is or was an agent of a party to the relevant agenda item subject to deliberation. |
| (2) | Where a member is subject to exclusion for any ground prescribed in paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, any party to the relevant agenda item subject to deliberation may file a motion for challenge to the member with the Deliberative Committee, which shall decide whether or not to accept the motion following its resolution. In such cases, the member subject to such motion shall not participate in the resolution. |
| (3) | Where a member falls under paragraph (1) or (2), he or she shall notify the Deliberative Committee of such fact and recuse himself or herself from deliberation and resolution on the relevant agenda item. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 44 (Designation of Economic Forest Development Complexes) |
| (1) | Upon designating an economic forest development complex pursuant to Article 37 (2) of the Act, the Minister of the Korea Forest Service shall prepare the following data to efficiently manage such complex: |
| 1. | A topographical map which indicates the area of that economic forest development complex (including digital topographic maps); |
| 2. | The details of land included in the area of that economic forest development complex, such as its location and area by parcel of land. |
| (2) | Upon preparing the data specified in each subparagraph of paragraph (1), the Minister of the Korea Forest Service shall notify the Mayors/Do Governors, the heads of Sis/Guns/Gus (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor), or the director generals of regional offices of forest service thereof to utilize the data for forest management, etc., and shall publicly announce the data on the website of the Korea Forest Service if any private land is included in the area of the economic forest development complex in question. <Amended on Jun. 26, 2018> |
[This Article Wholly Amended on Dec. 12, 2017]
| Article 45 (Management of Corporate Forests) |
"Business prescribed by Presidential Decree" in Article 38 (1) of the Act means the following: <Amended on Jun. 20, 2008; Nov. 30, 2012; Jun. 30, 2014; May 28, 2018> | 3. | Business of using or processing domestic solid wood of at least 3,000 cubic meters as raw materials annually; |
| 4. | Business of manufacturing particle boards; |
| 5. | Business of manufacturing wood chips; |
| 6. | Business of manufacturing wood pellets; |
[Title Amended on Nov. 30, 2012]
| Article 45-2 (Rescission of Designation of Corporate Forest Management Zones) |
"Official or public facilities prescribed by Presidential Decree, such as industrial facilities or military facilities" in Article 38-2 (1) 3 of the Act means any of the following facilities: <Amended on Jul. 14, 2014; Jul. 20, 2015; Jul. 24, 2015; Jul. 28, 2016; Mar. 29, 2017> | 6. | Windproof facilities or fireproof facilities; |
| 8. | Official buildings established by the State or local governments; |
| 9. | Facilities for testing and research of forestry owned by the State or local governments; |
| 10. | Facilities required to maintain and manage experimental forests referred to in Article 47 (1) of the Act; |
| 15. | Wind power facilities within the new energy and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy. |
[This Article Newly Inserted on Nov. 30, 2012]
| Article 46 Deleted. <May 22, 2013> |
| Article 47 (Restrictions on Distribution of Forest Products) |
Forest products, the distribution, production or use of which may be restricted under the former part of Article 40 (1) of the Act, are as follows: | 1. | Deleted; <Dec. 12, 2017> |
CHAPTER IV PROMOTION OF PUBLIC FUNCTIONS OF FORESTS
SECTION 1 Preservation of Forests
| Article 48 (Establishment of Master Plans for Forest Biodiversity) |
| (1) | The Minister of the Korea Forest Service shall establish a master plan for forest biodiversity under Article 42 (1) of the Act every five years and the plan shall include the following matters: |
| 1. | Objectives of, basic direction-setting for, and implementation of policies to preserve diversity of forest life (referring to biological resources within the forest resources defined in subparagraph 2 of Article 2 of the Act; hereinafter the same shall apply); |
| 2. | Surveys, protection, propagation, research and development of forest life; |
| 3. | Any other matters necessary for the preservation and management of forest biodiversity. |
| (2) | The Minister of the Korea Forest Service shall consult with the Minister of Environment prior to the establishment of the plan under paragraph (1); and upon the establishment of the plan, the Minister shall notify the Mayors/Do Governors or the director generals of regional offices of forest service thereof. |
| (3) | "Projects determined by Presidential Decree" in Article 42 (2) of the Act means the following projects: <Amended on Jun. 20, 2008> |
| 1. | A project to create ecological forests and arboretums; |
| 2. | A project to survey and manage forest life; |
| 3. | A project to protect and propagate forest life; |
| 4. | A project to research and develop forest life; |
| 5. | Any other projects deemed by the Minister of the Korea Forest Service necessary to preserve and manage forest biodiversity. |
| (4) | Matters necessary for implementing the projects referred to in paragraph (3) shall be determined by the Minister of the Korea Forest Service. |
| Article 48-2 (Formulation of Master Plans for Forest Restoration) |
| (1) | Where the Minister of the Korea Forest Service, the head of a local government, or the director general of a regional office of forest service formulates and implements, or amends a master plan for forest restoration under Article 42-3 (1) of the Act, an annual implementation plan under paragraph (5) of that Article (hereinafter referred to as "implementation plan"), or an annual regional plan under paragraph (9) of that Article (hereinafter referred to as "regional plan"), he or she shall reflect the results of a fact-finding survey on damaged forests under Article 42-5 (1) of the Act (hereinafter referred to as "fact-finding survey"). |
| (2) | Where an implementation plan is formulated or amended, a Mayor/Do Governor or the director general of a regional office of forest service shall formulate or amend a regional plan for each area under his or her jurisdiction (hereinafter referred to as "wide-sphere regional plan") according to the implementation plan. |
| (3) | Where a Mayor/Do Governor or the director general of a regional office of forest service formulates or amends a wide-sphere regional plan pursuant to paragraph (2), he or she shall notify such fact without delay to the head of a Si/Gun/Gu or the head of a national forest management office under the jurisdiction of the relevant regional office of forest service. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-3 (Announcement of Master Plans and Implementation Plans for Forest Restoration) |
Where the Minister of the Korea Forest Service formulates or amends a master plan for forest restoration under Article 42-3 (1) of the Act or an implementation plan, he or she shall announce such fact on the website of the Korea Forest Service pursuant to Article 42-3 (7) of the Act. [This Article Newly Inserted on Jul. 9, 2019]
| Article 48-4 (Details of Fact-Finding Surveys on Sites Subject to Forest Restoration) |
| (1) | The details of a fact-finding survey shall be as follows: |
| 1. | The actual status of damaged forests, such as location, area, and topography; |
| 2. | Surrounding conditions, such as the actual status of houses, farmland, and factories adjacent to damaged forests; |
| 3. | The causes, types, and level of forest damage; |
| 4. | Whether forest restoration is needed or not. |
| (2) | A fact-finding survey shall be conducted once every year, but it may be frequently conducted if necessary for the head of a local government and the director general of a regional office of forest service to efficiently formulate and implement an implementation plan and a regional plan. |
| (3) | The method of a fact-finding survey shall be based on a field survey in principle but may be conducted concurrently with any of the following survey methods: |
| 1. | A written survey (including electronic means, such as the information and communications network) through data about the actual status of forest; |
| 2. | Aerial exploration using unmanned aerial devices or aircraft; |
| 3. | Remote exploration using artificial satellites, etc. |
| (4) | The head of a local government and the director general of a regional office of forest service shall report the results of a fact-finding survey to the Minister of the Korea Forest Service until December 31 of each year, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-5 (Standards for Evaluating Feasibility of Forest Restoration Projects) |
| (1) | Where the head of a local government or the director general of a regional office of forest service evaluates the feasibility of a forest restoration project pursuant to Article 42-6 (1) of the Act, he or she shall comprehensively evaluate the urgency and effectiveness of the forest restoration project, connectivity to a master plan, the causes and level of damage in sites subject to forest restoration, the actual status of the forest ecosystem, etc. |
| (2) | The head of a local government or the director general of a regional office of forest service shall prepare a list of sites subject to feasibility evaluation under Article 42-6 (1) of the Act (hereinafter referred to as "feasibility evaluation") after reflecting the results of a fact-finding survey and shall conduct the feasibility evaluation of forest restoration projects in order of priority. |
| (3) | The feasibility evaluation shall be conducted concurrently with data analysis and a field survey. |
| (4) | Except as provided in paragraphs (1) through (3), details regarding the standards, methods, procedures, etc. for feasibility evaluation shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-6 (Preparation of Forest Restoration Project Plans) |
A forest restoration project operator referred to in Article 42-7 (2) of the Act shall prepare a plan for implementing a forest restoration project under that paragraph, if the forest restoration project is deemed feasible based on a result of the feasibility evaluation. [This Article Newly Inserted on Jul. 9, 2019]
| Article 48-7 (Procedures for Follow-Up Monitoring of Forest Restoration Sites) |
| (1) | "Scale prescribed by Presidential Decree" in the proviso of Article 42-8 (1) of the Act means 660 square meters. |
| (2) | A monitoring agency designated pursuant to Article 42-8 (2) of the Act (hereinafter referred to as "monitoring agency") shall submit a plan for follow-up monitoring to the Minister of the Korea Forest Service and the head of a local government before conducting follow-up monitoring under paragraph (1) of that Article (hereinafter referred to as "follow-up monitoring"). |
| (3) | Follow-up monitoring shall be conducted as follows: |
| 1. | Step 1 monitoring: The first and second years after the completion of a forest restoration project; |
| 2. | Step 2 monitoring: The fifth and tenth years after the completion of a forest restoration project. |
| (4) | Notwithstanding paragraph (3), additional follow-up monitoring may be conducted in the third or fourth year after the completion of a forest restoration project, in any of the following cases: |
| 1. | Where any matter regarding the forest restoration project is supplemented or amended; |
| 2. | Where disturbance occurs in the forest ecosystem; |
| 4. | Other cases where the Minister of the Korea Forest Service or the head of a local government deems that additional follow-up monitoring is necessary for the management of forest restoration sites. |
| (5) | The details of follow-up monitoring shall be as follows: |
| 1. | The basic environment of forest restoration sites and their neighboring areas, such as weather and topography; |
| 2. | Whether biodiversity has increased or reduced; |
| 3. | Change of field conditions, such as soil and mountain streams; |
| 4. | Materials used for a forest restoration project and the status of facilities, etc. related to the forest restoration project. |
| (6) | A monitoring agency shall conduct follow-up monitoring pursuant to paragraphs (3) through (5) and submit a result report including plans for follow-up management to the Minister of the Korea Forest Service and the head of a local government. |
| (7) | The Minister of the Korea Forest Service and the head of a local government shall reflect the results of follow-up monitoring under paragraph (6) and maintain and manage forest restoration sites. |
| (8) | Except as provided in paragraphs (1) through (7), details regarding the standards, procedures, methods, etc. for follow-up monitoring shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-8 (Materials for Forest Restoration) |
| (1) | The Minister of the Korea Forest Service and the head of a local government shall conduct a forest restoration project by using native plants and natural materials that meet the following standards, pursuant to Article 42-9 (1) of the Act: |
| 1. | Native plants: Plants shall be produced in arboretums defined in subparagraph 1 of Article 2 of the Act on the Creation and Furtherance of Arboretums and Gardens in areas surrounding the sites subject to forest restoration or by seeds and seedlings growers under Article 16 (1) of the Act, by using seeds collected in areas the altitude and climate zone of which are similar to those of sites subject to forest restoration or their neighboring areas; |
| 2. | Natural materials: Materials, such as soil, stones, and trees, shall be collected in areas the altitude and climate zone of which are similar to those of sites subject to forest restoration or their neighboring areas. |
| (2) | Where it is impracticable to provide native plants or natural materials under each subparagraph of paragraph (1), the Minister of the Korea Forest Service and the head of a local government may consult institutions specialized in forest restoration, such as a research institute in the sector of forest restoration or a forest restoration support center under Article 42-11 (1) of the Act (hereinafter referred to as "support center") and replace them with other plants or materials. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding the provision, etc. of native plants and natural materials shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-9 (Procedures for Designation of Forest Restoration Support Center) |
| (1) | "Institution prescribed by Presidential Decree" in Article 42-11 (1) 2 of the Act means a public institution that meets all of the following requirements: |
| 1. | The institution shall have at least three persons with at least a master’s degree in the area of forest restoration or persons with at least a forest technician’s qualification under the National Technical Qualifications Act; |
| 2. | The institution shall have equipment for forest restoration determined and publicly notified by the Minister of the Korea Forest Service, such as equipment to survey forest resources under Article 32 (1) of the Act; |
| 3. | The institution shall have a team in the exclusive charge of forest restoration. |
| (2) | An institution or organization that intends to be designated as a support center shall submit an application for designation prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs to the Minister of the Korea Forest Service, along with the following documents: |
| 2. | Documents proving the requirements prescribed in each subparagraph of paragraph (1) (limited to institutions specified in Article 42-11 (1) 2 of the Act); |
| 3. | Other documents prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. |
| (3) | Where the Minister of the Korea Forest Service upon receipt of an application under paragraph (2) reviews a business plan, etc. and it is deemed that an institution or organization that applied for designation as a support center is able to perform the duties specified in each subparagraph of Article 42-11 (2) of the Act, he or she may designate the institution or organization as a support center. |
| (4) | Where the Minister of the Korea Forest Service designates a support center pursuant to paragraph (3), he or she shall issue a certificate of designation as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. |
[This Article Newly Inserted on Jul. 9, 2019]
| Article 48-10 (Evaluation of Performance Records of Support Centers) |
The Minister of the Korea Forest Service may evaluate the performance records of a support center every year.
[This Article Newly Inserted on Jul. 9, 2019]
| Article 49 Deleted. <Mar. 9, 2010> |
| Article 50 Deleted. <Mar. 9, 2010> |
| Article 51 Deleted. <Mar. 9, 2010> |
| Article 52 (Designation of Experimental Forests) |
| (1) | The Minister of the Korea Forest Service or a Mayor/Do Governor may grant a subsidy for the following, within budgetary limits, pursuant to Article 47 (3) of the Act: <Amended on Mar. 9, 2010; Sep. 11, 2014> |
| 1. | Installing facilities to protect and manage experimental forests; |
| 2. | Maintaining and managing experimental forests. |
| (2) | "Official or public facilities determined by Presidential Decree" in Article 47 (4) 3 of the Act means any of the following facilities: <Amended on Jun. 20, 2008; May 29, 2017; May 30, 2023> |
| 1. | Railroads, weather observation facilities, irrigation canals, national expressways, general national highways, harbors and aviation facilities; |
| 2. | Power generation, communications or broadcasting facilities; |
| 3. | Power transmission and distribution facilities; |
[Title Amended on Mar. 9, 2010]
| Article 52-2 (Requirements for Designating Areas to Grow Special Species of Trees) |
| (1) | The requirements for designating an area to grow special species of trees referred to in Article 51-2 (1) of the Act (hereinafter referred to as "area to grow special species of trees") shall be as follows: |
| 1. | A single species of trees shall grow collectively in a particular area; |
| 2. | The relevant species of trees shall have a historical, cultural, or resource value and therefore need intensive protection and cultivation. |
| (2) | Upon designating an area to grow special species of trees, the Minister of the Korea Forest Service shall notify the competent Mayor/Do Governor having jurisdiction over the area of the following and publicly announce such designation on its web-site, etc.: |
| 1. | Name of the area to grow special species of trees; |
| 2. | Location and area of the area to grow special species of trees; |
| 3. | Date of designation of the area to grow special species of trees. |
[This Article Newly Inserted on Nov. 30, 2012]
| Article 52-3 Deleted. <May 29, 2017> |
| Article 52-4 Deleted. <May 29, 2017> |
| Article 52-5 Deleted. <May 29, 2017> |
| Article 52-6 Deleted. <May 29, 2017> |
| Article 52-7 (Rescission of Designation of Areas to Grow Special Species of Trees) |
"Official or public facilities prescribed by Presidential Decree" in subparagraph 2 of Article 51-3 of the Act means the facilities specified in the subparagraphs of Article 45-2. [This Article Newly Inserted on Nov. 30, 2012]
| Article 53 Deleted. <Mar. 9, 2010> |
| Article 54 Deleted. <Mar. 9, 2010> |
| Article 55 Deleted. <Mar. 9, 2010> |
| Article 56 Deleted. <Mar. 9, 2010> |
| Article 57 Deleted. <Mar. 9, 2010> |
| Article 57-2 Deleted. <Mar. 9, 2010> |
| Article 57-3 Deleted. <Mar. 9, 2010> |
| Article 58 Deleted. <Mar. 9, 2010> |
| Article 59 Deleted. <Mar. 9, 2010> |
SECTION 3 Funds for Environmental Function of Forest
| Article 60 (Resources and Use of Funds for Environmental Functions of Forests) |
| (1) | Revenue referred to in Article 58 (3) 4 of the Act shall as follows: <Amended on Jun. 20, 2008; Jul. 28, 2016> |
| 1. | Revenue accrued when the Korea Forest Welfare Institute established under Article 49 of the Forest Welfare Promotion Act (hereinafter referred to as the "Korea Forest Welfare Institute") uses, obtains profits from or rents any national or public facilities, goods, and other property free of charge pursuant to Article 63 of the Act; |
| 2. | Donations, monetary support, or any other revenue recognized by the Minister of the Korea Forest Service. |
| (2) | "Projects prescribed by Presidential Decree" in Article 58 (4) 9 of the Act means the following: <Amended on Jun. 20, 2008; Sep. 11, 2014; Mar. 25, 2016; Jul. 9, 2019> |
| 1. | Research, development, and publicity support in connection with the projects specified in Article 58 (4) 1 through 8 of the Act; |
| 2. | Subsidizing the creation and operation of ecological parks for wildlife; |
| 3. | International exchange and cooperation projects to promote the environmental functions of forests; |
| 4. | Subsidizing mutual aid projects in relation to forest disasters; |
| 5. | Projects necessary for forest conservation, such as preventing forest disasters and restoring mountainous districts; |
| 7. | Projects necessary for restoring the forests of the Korean Peninsula; |
| 8. | Scholarship projects for subsequent generations related to forestry as well as for children of persons engaging in forestry; |
| 9. | Projects for granting rewards to contributors to the fields of forestry or forest science and technology. |
| Article 61 (Subsidization) |
"Agency or organization prescribed by Presidential Decree" in Article 58 (5) of the Act means the following agencies or organizations: <Amended on Jun. 20, 2008; Jul. 28, 2016; Dec. 18, 2018; Jun. 22, 2021>
| Article 62 (Accounting of Green Fund) |
| (1) | The Minister of the Korea Forest Service shall establish an independent account (hereinafter referred to as "Green Fund account") for the creation, management and administration of the fund to promote the environmental functions of forests (hereinafter referred to as the "Green Fund") pursuant to Article 58 (6) of the Act and shall keep accounts of the accrual of revenue and expenditure of the Green Fund separately from increases, decreases or other changes in its assets on an accrual basis. <Amended on Sep. 11, 2014> |
| (2) | The business year of the Green Fund account shall coincide with that of the Government. |
| Article 62-2 (Establishment and Administration of Green Fund Management Plans) |
| (1) | The Minister of the Korea Forest Service shall take account of the following when establishing the Green Fund management plan under Article 59 (1) of the Act (hereinafter referred to as "Green Fund management plan"): |
| 1. | To ensure that the Green Fund can be managed to serve its purposes; |
| 2. | To ensure that the Green Fund does not overlap with any other budget when it is provided; |
| 3. | To ensure a balance between revenue and expenditure of the Green Fund; |
| 4. | To secure stability, liquidity, and profitability of the Green Fund. |
| (2) | The Minister of the Korea Forest Service shall specify the following matters in the Green Fund management plan to administer the Green Fund in a transparent and efficient manner and shall manage the Green Fund accordingly: |
| 1. | The criteria, method, etc. for selecting objects eligible for the Green Fund; |
| 2. | Execution management and evaluation of the Green Fund; |
| 3. | Management of idle resources of the Green Fund; |
| 4. | Matters necessary for the transparent and efficient administration of the Green Fund. |
[This Article Newly Inserted on Jul. 21, 2010]
| Article 63 (Entrusted Management and Administration of Green Fund) |
| (1) | The Minister of the Korea Forest Service shall entrust the following affairs to the Korea Forest Welfare Institute pursuant to Article 60 (1) of the Act: <Amended on Jun. 20, 2008; Jul. 28, 2016> |
| 1. | Management and administration of the Green Fund referred to in Article 58; |
| 2. | Deleted; <Jul. 21, 2010> |
| 3. | Support for the operation of the Green Fund Management Council established under Article 61 of the Act (hereinafter referred to as the "Council"); |
| 4. | Matters which need to be operated by the Korea Forest Welfare Institute as determined by the Council, among projects subsidized pursuant to Article 58 (4) of the Act; |
| 5. | Guidance and supervision for the projects subsidized by the Green Fund, and any other matters deemed necessary by the Minister of the Korea Forest Service. |
| (2) | The Korea Forest Welfare Institute shall annually formulate a Green Fund administration plan for the following fiscal year according to the relevant Green Fund management plan and shall obtain approval thereof from the Minister of the Korea Forest Service. The same shall also apply to any amendment to such plan. <Amended on Jul. 21, 2010; Jul. 28, 2016> |
| (3) | The Korea Forest Welfare Institute shall submit to the Minister of the Korea Forest Service the details on the execution of the Green Fund administration plan as well as the management of surplus funds, within five days after the end of each quarter. <Amended on Jun. 20, 2008; Jul. 21, 2010; Jul. 28, 2016> |
| (4) | The Korea Forest Welfare Institute shall prepare a report on the settlement of the Green Fund each fiscal year and submit the report accompanied by the following documents to the Minister of the Korea Forest Service, within one month after the end of the relevant fiscal year, and the Minister of the Korea Forest Service shall examine and approve the report: <Amended on Jun. 20, 2008; Jul. 28, 2016; Jul. 2, 2019> |
| 1. | A document on the summary and analysis of the settlement of the Green Fund; |
| 2. | A statement of financial position, a statement of profit or loss, and other financial statements; |
| 3. | A statement on revenue and expenditure of cash; |
| 4. | A document on the status and performance of Green Fund projects implemented in the preceding year; |
| 5. | Any other documents necessary to clarify the details of the settlement of the Green Fund. |
| (5) | Where any profit accrues from the settlement of the Green Fund account, such profit shall be used to offset deficits carried over, and the remainder shall be transferred to the Green Fund. |
| (6) | The Korea Forest Welfare Institute shall prepare guidelines, etc. for the administration of the Green Fund and obtain approval thereof from the Minister of the Korea Forest Service to enhance the efficiency and public benefits of the Green Fund. The same shall also apply to any amendment to such guidelines. <Amended on Jul. 21, 2010; Jul. 28, 2016> |
| Article 64 (Composition and Operation of Green Fund Management Council) |
| (1) | The Council shall consist of the following persons: <Amended on Jul. 21, 2010; Jul. 28, 2016> |
| 1. | One public official of the Korea Forest Service who is in charge of the Green Fund; |
| 2. | One person recommended by the head of the National Forestry Cooperatives Federation from among its executive officers or executive officials; |
| 3. | One director recommended by the Korea Forest Welfare Promotion Institute; |
| 4. | Up to six persons commissioned by the Minister of the Korea Forest Service on the recommendation of the Korea Forest Welfare Promotion Institute from among persons who represent the forestry field, academia, the press, civic groups, etc. |
| (2) | The term of office of commissioned members shall be two years, and may be renewed only once: Provided, That the term of office of any member filling a vacancy shall be the remaining term of his or her predecessor. |
| (3) | A majority of the members of the Council shall constitute a quorum and any decision thereof shall require the concurring vote of at least a majority of those present: Provided, That where an organization to which a member of the Council belongs suggests any project, such member shall not exercise his or her voting right over the project. |
| (4) | The Council may have relevant experts, etc. attend any of its meetings to hear from them or may request relevant institutions, organizations, etc. to submit necessary data or opinions or to provide cooperation where deemed necessary to conduct business. |
| (5) | Any other matters necessary for the operation of the Council shall be determined by the chairperson after a resolution of the Council. |
| Article 64-2 (Dismissal of Council Members) |
| (1) | A person who has recommended any member of the Council pursuant to Article 64 (1) 2 or 3 may withdraw his or her recommendation if: |
| 1. | The member becomes unable to perform his or her duties due to any mental disorder on his or her part; |
| 2. | The member has engaged in any misconduct in relation to his or her duties; |
| 3. | The member is deemed unfit as a member of the Council due to neglect of his or her duties, injury to dignity or any other reason; |
| 4. | The member voluntarily manifests his or her unfitness to perform the duties of his or her office. |
| (2) | The Minister of the Korea Forest Service may dismiss any Council member referred to in Article 64 (1) 4 if any subparagraph of paragraph (1) applies to such Council member. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 65 Deleted. <Jul. 28, 2016> |
| Article 66 Deleted. <Jul. 28, 2016> |
| Article 67 Deleted. <Jul. 28, 2016> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 68 (Financial Support) |
A loan or subsidy may be provided for any of the following forest projects to fully or partially cover the project expenses pursuant to Article 64 (1) of the Act: <Amended on Jul. 21, 2010; Jan. 5, 2021; Jun. 8, 2021> | 1. | Preparing and amending a forest management plan; |
| 2. | Implementing a forest project; |
| 3. | Promoting technical guidance about forestry, afforestation (including mandatory afforestation) and forest tending; |
| 4. | Creating and managing forest management infrastructure; |
| 5. | Growing and developing seeds, seedlings and spawn; |
| 6. | Creating and managing forests for seed collection, forest genetic resources reserves and experimental forests and managing protected trees; |
| 7. | Business activities relating to special forest project zones; |
| 8. | Creating and managing urban forests, etc.; |
| 9. | Creating, managing, and operating natural recreational forests; |
| 10. | Securing, maintaining and managing facilities and equipment for preventing and extinguishing forest fire; |
| 11. | Preventing and removing forest fungi and harmful insects; |
| 12. | Operating forestry cooperatives and the National Forestry Cooperatives Federation and implementing relevant projects; |
| 13. | Business activities entrusted by the State to forestry organizations; |
| 14. | Business activities to develop and research overseas forests and development activities related thereto; |
| 15. | Afforestation activities to prevent yellow sand and desertification and relevant research and surveys; |
| 16. | Business activities to propagate, disseminate and manage Rose of Sharon and to facilitate the use thereof; |
| 17. | Any other activities deemed by the Minister of the Korea Forest Service to be necessary to manage and develop forests as well as to increase income from forestry. |
| Article 69 (Return of Forest Project Subsidies) |
| (1) | Return of a subsidy provided for in the main clause, with the exception of the subparagraphs, of Article 65 (1) of the Act shall be made in accordance with the following classifications: Provided, That if the State or a local government intends to use the relevant forest for any purpose other than the original purpose of the relevant subsidized project to implement any official or public project, or if it is deemed inappropriate to maintain the relevant forest as an area for an afforestation or forest tending project or as a forest road due to a natural disaster or any other reason, the subsidy needs not be returned: <Amended on Nov. 30, 2012; Sep. 11, 2014> |
| 1. | In the case of a forest for which afforestation or forest tending has been conducted: |
The relevant subsidy shall be returned only when the form and quality of a mountainous district or any other land have been changed in connection with the area for the afforestation or forest tending project and the amount to be returned shall be determined by the ratio of the area of such mountainous district or other land, the form and quality of which have been changed, to the area for the afforestation or forest tending project;
| 2. | In the case of a forest in which a forest road facility has been installed: |
The relevant subsidy shall be returned only when any forest road facility is demolished and the amount to be returned shall be determined by the ratio of the demolished facility to the total distance of the forest road facility: Provided, That where the partial demolition of a forest road facility makes it impossible to use the remaining forest road, the return of a subsidy granted for the entire forest road facility may be required or the installation of a detour forest road may be required within the amount to be returned.
| (2) | The return of a subsidy pursuant to paragraph (1) shall be made where permission to change the form and quality of a mountainous district or any other land is granted within five years from the completion date. |
| (3) | Where a subsidy is returned pursuant to Article 65 (2) of the Act, the interest prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs from the payment date to the return date of the subsidy shall be added to the amount to be returned. In such cases, such interest shall be calculated on a daily basis. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 11, 2014> |
| Article 70 (Reporting and Inspections) |
Where the head of a Si/Gun/Gu inspects the quality of seeds and seedlings for a forest pursuant to Article 67 (3) of the Act, he or she shall comply with the criteria prescribed by the Minister of the Korea Forest Service in relation to the quality of and standards for the seeds and seedlings. <Amended on Nov. 30, 2012; Sep. 11, 2014; Jul. 9, 2019>
| Article 71 (Delegation and Entrustment of Authority) |
| (1) | Deleted. <Nov. 27, 2018> |
| (2) | The Minister of the Korea Forest Service shall delegate the following authority to the head of the National Forest Seed Variety Center pursuant to Article 70 (1) of the Act: |
| 1. | Authority over the establishment, etc. of infrastructure for forest management under Article 9 of the Act; |
| 2. | Authority over the examination of plant varieties under the main clause of Article 18 (1) of the Act; |
| 3. | Authority over the publication of applications for plant variety protection and public announcement of the registration of plant varieties under Article 18 (2) of the Act; |
| 4. | Authority over the designation, protection, and management of forests for seed collection, etc. and creation of arboretums for seed collection or arboretums for gene collection under Article 19 (1) of the Act; |
| 5. | Authority over the rescission of designation of the whole or part of a forest for seed collection, etc. under Article 19 (3) of the Act; |
| 6. | Authority over the receipt of reports on felling timber to tend forests and on extracting and gathering forest products under the proviso of Article 19 (5) of the Act, with the exception of its subparagraphs; |
| 7. | Authority over the operation of national forest management associations under Article 23-2 of the Act (limited to arboretums for seed collection, arboretums for gene collection, forests for seed collection, and experimental forests managed by the National Forest Seed Variety Center); |
| 8. | Authority over the designation, etc. of experimental forests under Article 47 of the Act. |
| (3) | The Minister of the Korea Forest Service shall delegate the following authority to the President of the National Institute of Forest Science pursuant to Article 70 (1) of the Act: <Amended on Jul. 9, 2019; Jun. 27, 2023> |
| 1. | Authority over the operation of national forest management associations referred to in Article 23-2 of the Act (limited to authority over experimental forests under Article 47 (1) of the Act managed by the National Institute of Forest Science); |
| 2. | Authority over the establishment and operation of a forest satellite observation network under Article 33-2 of the Act; |
| 3. | Authority over the investigation and evaluation of impacts of climate, conduct of a fact-finding survey, provision of data, and request for cooperation in conducting a fact-finding survey under Article 51-5 of the Act. |
| (4) | The Minister of the Korea Forest Service shall delegate the following authority to the President of the National Institute of Forest Science or to the head of the Korea National Arboretum pursuant to Article 70 (1) of the Act. In such case, approval from the Minister of the Korea Forest Service shall be obtained to grant exemption from royalties pursuant to Article 35 or 37: |
| 1. | Authority over the establishment, etc. of infrastructure for forest management under Article 9 of the Act; |
| 2. | Joint research under Article 34 (2) of the Act; |
| 3. | Entering into a contract for the use of joint research and development outcomes under Article 35 (1) of the Act; |
| 4. | Entering into a contract for the use of patent pending in-service inventions under Article 35 (3) of the Act; |
| 5. | Authority over the designation, etc. of experimental forests under Article 47 of the Act. |
| (5) | The Minister of the Korea Forest Service shall delegate the following authority to the director general of a regional office of forest service pursuant to Article 70 (1) of the Act: |
| 1. | Authority over the establishment, etc. of infrastructure for forest management under Article 9 of the Act; |
| 2. | Authority over the designation, protection, and management of forests for seed collection, etc. and creation of arboretums for seed collection or arboretums for gene collection under Article 19 (1) of the Act; |
| 3. | Authority over the rescission of designation of the whole or part of a forest for seed collection, etc. under Article 19 (3) of the Act; |
| 4. | Authority over the receipt of reports on felling timber to tend forests and extracting and gathering forest products under the proviso of Article 19 (5) of the Act, with the exception of its subparagraphs; |
| 5. | Authority over the operation of national forest management associations under Article 23-2 of the Act (excluding arboretums for seed collection, arboretums for gene collection, forests for seed collection, experimental forests, and forests for breeding managed by the National Forest Seed Variety Center or the National Institute of Forest Science); |
| 6. | Authority over the designation, etc. of experimental forests under Article 47 of the Act; |
| 7. | Authority over the return of forest project subsidies under Article 65 of the Act. |
| (6) | The director general of a regional office of forest service shall delegate the following authority to the head of a national forest management office under the jurisdiction of the relevant regional office of forest service pursuant to Article 70 (3) of the Act: <Amended on Jun. 27, 2023> |
| 1. | Permission to fell standing timber or to extract and gather forest products under Article 36 (1) of the Act; |
| 2. | Receipt of reports on felling standing timber or extracting and gathering forest products (limited to extracting and gathering forest products to conduct forest experiments or research) under Article 36 (5) of the Act. |
| (7) | The Minister of the Korea Forest Service may entrust his or her duties relating to posting forest management technicians under Article 31 (1) of the Act to the President of the National Forestry Cooperative Federation pursuant to Article 70 (4) of the Act. |
[This Article Wholly Amended on Sep. 11, 2014]
| Article 72 (Repayment of Price of Illegal Forest Products) |
| Articles 132 and 135 and the proviso of Article 219 of the Criminal Procedure Act shall apply mutatis mutandis to the repayment of the price of any illegal forest product generated under the proviso of Article 75 (1) of the Act. |
| Article 72-2 (Processing of Personally Identifiable Information) |
The Minister of the Korea Forest Service (including persons delegated with the authority of the Minister of the Korea Forest Service pursuant to Article 71 (2)), the director general of a regional office of forest service (including persons delegated with the authority of the director general of a regional office of forest service pursuant to Article 71 (6)), or the head of a Si/Gun/Gu (including persons delegated or entrusted with authority if such authority has been delegated or entrusted) may process data that include resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if deemed essential in performing the following affairs: <Amended on Nov. 30, 2012; Sep. 11, 2014; Nov. 24, 2020> | 1. | Affairs concerning the authorization of forest management plans under Article 13 of the Act; |
| 2. | Affairs concerning reporting on felling standing timber, etc. under Article 14 (3) of the Act; |
| 2-2. | Affairs concerning the registration of seeds and seedlings growers under Article 16 of the Act; |
| 2-3. | Affairs concerning application for plant variety protection and registration of the establishment of plant variety rights under Article 18 of the Act; |
| 3. | Deleted; <Nov. 27, 2018> |
| 4. | Affairs concerning permission to fell standing timber, etc. and reporting thereon under Article 36 of the Act. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 72-3 (Re-Examination of Regulation) |
The Minister of the Korea Forest Service shall examine the appropriateness of the following matters every three years, counting from the following relevant base dates (referring to the period that ends on the day before the base date of every third year) and shall take necessary measures, such as making improvements: <Amended on Nov. 11, 2015; Dec. 12, 2017; Dec. 18, 2018; Jul. 9, 2019; Mar. 8, 2022>
| 1. | Standards, etc. for registering seeds and seedlings growers under Article 12: January 1, 2017; |
| 2. | Deleted; <Dec. 12, 2017> |
| 2-2. | Deleted; <Mar. 8, 2022> |
| 3. | Standards for registering forest project corporations under Article 25: January 1, 2017; |
| 4. | Deleted; <Nov. 27, 2018> |
| 5. | Deleted; <Nov. 27, 2018> |
| 6. | Deleted; <Dec. 12, 2017> |
| 7. | The contract term where a contract is entered into to use joint research and development outcomes or a patent pending in-service invention under Article 38 (1): January 1, 2017; |
| 8. | Areas subject to restrictions on felling standing timber, etc. under Article 41: January 1, 2017; |
| 9. | Deleted. <Dec. 12, 2017> |
[This Article Newly Inserted on Dec. 30, 2013]
| Article 73 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 79 (6) of the Act shall be as specified in attached Table 3. [This Article Wholly Amended on Jun. 20, 2008]
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Article 2 (Repeal of Other Acts)
Article 3 (Transitional Measures concerning Forest Management Technicians, Forest Public Works Technicians, and Wooden Structure Technicians)
Any engineer in the left column of the following table who is registered pursuant to the former Enforcement Decree of the Forestry Act at the time this Decree enters into force shall be deemed the engineer in the right column of the following table under this Decree. <Amended on Jun. 20, 2008> Article 4 (Transitional Measures concerning Forestry Technology Advisors)
Article 5 Omitted.
Article 6 (Relations with Other Acts)
Any citation of the former Enforcement Decree of the Forestry Act or any provisions thereof in any other statute at the time this Decree enters into force shall be deemed a citation of this Decree or the corresponding provisions of this Decree in lieu of the former provisions if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 19943, Mar. 22, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20205, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20581, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20696, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 20838, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Transitional Measures concerning Forest Project Corporations for Creation of Natural Recreational Forests)
Any forest project corporation for the creation of natural recreational forests registered under the former provisions at the time this Decree enters into force shall be deemed a forest project corporation for the creation of natural recreational forests and ecological mountain villages registered under the amended provisions in the column of subparagraph 5 of attached Table 1.
Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 3, the former provisions shall apply to the imposition of an administrative fine for an offense committed before this Decree enters into force.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 20962, Aug. 7, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21025, Sep. 22, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 1, 2008; Articles 24 through 26 shall enter into force on January 1, 2010; Article 29 shall enter into force on July 1, 2009; and Article 48 shall enter into force on January 1, 2013. Article 2 (Transitional Measures concerning Amendment to the Decree on Disciplinary Action against Public Officials) | (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials before it was amended as at the time this Decree enters into force shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | Written requests for disciplinary action which were received by the First Central Disciplinary Committee and the Second Central Disciplinary Committee pursuant to the previous Decree on Disciplinary Action against Public Officials before it was amended as at the time this Decree enters into force shall be deemed received by the Central Disciplinary Committee under this Decree. |
| (3) | Resolutions passed by the First Central Disciplinary Committee and the Second Central Disciplinary Committee pursuant to the previous Decree on Disciplinary Action against Public Officials before it was amended as at the time this Decree enters into force shall be deemed those passed by the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures concerning Amendment to the Enforcement Decree on the Framework Act on Logistics Policies) The affairs conducted by the Minister of Land, Transport and Maritime Affairs on the basis of deliberations and resolutions thereon by the Committee of Examinations of Logistic Managers pursuant to the previous Enforcement Decree on the Framework Act on Logistics Policies before it is amended as at the time this Decree enters into force shall be deemed conducted by the Minister of Land, Transport and Maritime Affairs under this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 21528, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22073, Mar. 9, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 10, 2010.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 22293, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010: Provided, That the amended provisions of Article 21 shall enter into force on January 26, 2015. Article 2 (Transitional Measures concerning Green Fund Administration Plans, etc.)
| (1) | A plan for the creation, management, and administration of the Green Fund established under the former provisions at the time this Decree enters into force, shall be deemed a Green Fund administration plan established under the amended provisions of Article 63 (2). |
| (2) | The guidelines for the management and administration of the Green Fund established under the former provisions at the time this Decree enters into force, shall be deemed the guidelines for the administration of the Green Fund established under the amended provisions of Article 63 (6). |
ADDENDA <Presidential Decree No. 22513, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 23176, Sep. 29, 2011>
This Decree shall enter into force on September 30, 2011.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23444, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23832, Jun. 5, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24211, Nov. 30, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2012.
Article 2 (Applicability to Design and Supervision of Forest Projects)
The amended provisions of Article 26 (1) shall apply with commencement from the design and supervision of a project for felling timber or a forest road project ordered after this Decree enters into force. Article 3 (Applicability to Arbitrarily Felling Standing Timber, etc.)
The amended provisions of subparagraph 1-2 of Article 43 shall apply with commencement from new afforestation performed to produce forest biomass energy after this Decree enters into force. Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
| (1) | For the purposes of the application of the criteria for imposing administrative fines to an offense committed prior to this Decree entering into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 3. |
| (2) | The imposition of an administrative fine for an offense committed prior to this Decree entering into force, shall not be included in the calculation of the number of offenses under the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 24452, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24539, May 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 24, 2013.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25422, Jun. 30, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25599, Sep. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2014.
Article 2 (Transitional Measures concerning Registration of Forest Project Corporations)
A person registered as a forest project corporation to implement forest projects relating to the creation of natural recreational forests and ecological mountain villages under Article 24 (1) of the Act and the former provisions of subparagraph 5 of attached Table 1, shall be deemed registered as a forest project corporation to implement forest projects relating to the creation of natural recreational forests, etc. under the amended provisions of subparagraph 5 of attached Table 1. Article 3 (Transitional Measures concerning Changes in Names of Technology Grades of Forest Technology Qualification)
Persons issued with certificates of qualification for forest technicians stated in the left column of the following Table under Article 30 (8) of the Act and former attached Table 2, prior to this Decree entering into force, shall be deemed issued with certificates of qualification for forest technicians stated in the right column of the same Table under the amended provisions of attached Table 2. | Special grade forest engineering technician | Forest engineering technician of special technology grade | | Grade I forest engineering technician | Forest engineering technician of technology grade I | | Grade II forest engineering technician | Forest engineering technician of technology grade II |
|
)
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26416, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26438, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26629, Nov. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27057, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27403, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2016.
Article 2 (Transitional Measures concerning Afforestation Exclusion Areas)
The former provisions shall apply where an order for afforestation has been issued pursuant to Article 10 (2) 1 of the Act prior to this Decree entering into force, notwithstanding the amended provisions of Article 5 (1) 3. Article 3 (Transitional Measures concerning Scope of Supervision of Erosion Control Projects)
Notwithstanding the amended provisions of the proviso to Article 26 (1) 3, the former provisions shall apply to erosion control projects ordered prior to this Decree entering into force. Article 4 (Transitional Measures concerning Scope of Forest Projects Implemented by Forest Project Corporations)
Notwithstanding the amended provisions of subparagraph 4 of attached Table 1, the former provisions shall apply to the scope of forest projects of a corporation registered as a corporation eligible to conduct forest public works, among the types of forest projects, under the former provisions prior to this Decree entering into force.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 28062, May 29, 2017>
This Decree shall enter into force on June 3, 2017: Provided, That the amended provisions of Article 52 (2) 3 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28468, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Imposing Administrative Fines)
The amended provisions of subparagraph 2 (d) and (e) of attached Table 3 shall begin to apply to the first offense committed after this Decree enters into force.
ADDENDA <Presidential Decree No. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28919, May 28, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28999, Jun. 26, 2018>
This Decree shall enter into force on June 28, 2018.
ADDENDA <Presidential Decree No. 29310, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 29381, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29953, Jul. 9, 2019>
This Decree shall enter into force on July 9, 2019: Provided, That the amended provisions of Article 24 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31179, Nov. 24, 2020>
This Decree shall enter into force on November 27, 2020: Provided, That the amended provisions of Articles 33 (1) and 72-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31328, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31739, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2021.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31809, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32074, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33490, May 30, 2023>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3-2 shall enter into force on June 11, 2023.
ADDENDA <Presidential Decree No. 33582, Jun. 27, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2023.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 33993, Dec. 19, 2023>
This Decree shall enter into force on December 21, 2023.