ENFORCEMENT DECREE OF THE FORESTRY CULTURE AND RECREATION ACT
Presidential Decree No. 19641, Aug. 4, 2006
Amended by Presidential Decree No. 20696, Feb. 29, 2008
Presidential Decree No. 20812, jun. 11, 2008
Presidential Decree No. 22381, Sep. 17, 2010
Presidential Decree No. 22454, Oct. 18, 2010
Presidential Decree No. 23123, Sep. 6, 2011
Presidential Decree No. 23492, Jan. 6, 2012
Presidential Decree No. 23565, Jan. 26, 2012
Presidential Decree No. 23984, Jul. 24, 2012
Presidential Decree No. 24452, Mar. 23, 2013
Presidential Decree No. 25598, Sep. 11, 2014
Presidential Decree No. 25803, Dec. 3, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26416, Jul. 20, 2015
Presidential Decree No. 26842, Dec. 31, 2015
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27465, Aug. 29, 2016
Presidential Decree No. 27596, Nov. 22, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28155, jun. 27, 2017
Presidential Decree No. 28545, Dec. 29, 2017
Presidential Decree No. 29094, Aug. 14, 2018
Presidential Decree No. 29450, Dec. 31, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30740, jun. 2, 2020
Presidential Decree No. 30947, Aug. 19, 2020
Presidential Decree No. 31235, Dec. 8, 2020
Presidential Decree No. 31614, Apr. 6, 2021
Presidential Decree No. 31803, jun. 22, 2021
Presidential Decree No. 32447, Feb. 17, 2022
Presidential Decree No. 33004, Nov. 29, 2022
Presidential Decree No. 33366, Mar. 28, 2023
Presidential Decree No. 33397, Apr. 11, 2023
Presidential Decree No. 33382, Apr. 11, 2023
Presidential Decree No. 33511, jun. 7, 2023
Presidential Decree No. 33582, jun. 27, 2023
Presidential Decree No. 34098, Jan. 4, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters prescribed by the Forestry Culture and Recreation Act and those necessary for the enforcement thereof. <Amended on Jun. 11, 2008>
CHAPTER II BASIC PLANS FOR FORESTRY CULTURE AND RECREATION
| Article 2 Deleted. <Dec. 31, 2015> |
| Article 3 (Procedures for Formulating Basic Plans) |
| (1) | Where the Minister of the Korea Forest Service intends to formulate or amend a basic plan for forestry culture and recreation (hereinafter referred to as "basic plan") under Article 4 (1) or (4) of the Forestry Culture and Recreation Act (hereinafter referred to as the "Act"), he or she shall hear opinions of the heads of the relevant central administrative agencies or 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"). <Amended on Sep. 17, 2010; Dec. 31, 2015; Aug. 14, 2018; Jun. 2, 2020; Aug. 19, 2020> |
| (2) | Where a Mayor/Do Governor formulates or amends a regional plan for forestry culture and recreation (hereinafter referred to as "regional plan") under Article 4 (3) and (4) of the Act, he or she shall, without delay, notify the head of the relevant Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) thereof. <Amended on Sep. 17, 2010; Dec. 31, 2015; Aug. 14, 2018; Jun. 2, 2020; Aug. 19, 2020> |
| (3) | A Mayor/Do Governor shall formulate or amend a regional plan within one year from the date the Minister of the Korea Forest Service notifies the formulation or amendment of a basic plan under Article 4 (9) of the Act. <Newly Inserted on Jun. 2, 2020; Aug. 19, 2020> |
| (4) | Where the Minister of the Korea Forest Service formulates or amends a master plan under Article 4 (10) of the Act or an annual implementation plan under paragraph (8) of that Article, he or she shall publish the details thereof on the website of the Korea Forest Service. <Newly Inserted on Jun. 2, 2020; Aug. 19, 2020> |
| Article 4 (Entrustment of Basic Surveys) |
"Corporations or organizations prescribed by Presidential Decree" in Article 5 (2) of the Act means any of the following corporations or organizations: <Amended on Dec. 31, 2015; Aug. 19, 2020> | 3. | A non-profit corporation established by acquiring permission from the Minister of the Korea Forest Service pursuant to the Civil Act for the purpose of promoting forestry culture and recreation. |
| Article 4-2 (Composition of Local Development Council for Forestry Culture and Recreation) |
| (1) | The head of a local government may organize and operate a local development council for forestry culture and recreation (hereinafter referred to as "local council") under Article 6-2 (1) of the Act, which consists of the following persons: |
| 1. | Public officials belonging to the local government; |
| 2. | Managers of natural recreation forests, forest bathing areas, healing forests, camping sites in forests and leisure sports facilities in forests (hereinafter referred to as "natural recreation forests, etc."); |
| 3. | Managers of designated cultural assets in forests under Article 30 (1) of the Act; |
| 4. | Residents of areas in which natural recreation forests, etc. are located; |
| 5. | Persons who have expert knowledge or experience in forestry culture and recreation; |
| (2) | Except as provided in paragraph (1), matters necessary for the composition, operation, etc. of a local council shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Aug. 14, 2018]
CHAPTER III CERTIFICATION OF EDUCATION PROGRAMS FOR FORESTRY CULTURE AND RECREATION AND EDUCATION COURSES
| Article 4-3 (Qualification Standards for Forest Healing Instructors by Grade) |
"Qualification standards prescribed by Presidential Decree" in Article 11-2 (1) of the Act means the qualification standards by grade specified in attached Table 1. [This Article Wholly Amended on Jun. 2, 2020]
| Article 4-4 (Standards for Using Forest Healing Instructors) |
The standards for the State or local governments to use forest healing instructors under Article 11-3 of the Act shall be as follows: <Amended on Dec. 3, 2014> | 1. | A healing forest with area exceeding 500,000 square meters: At least three forest healing instructors of Grade I or II (including at least one forest healing instructor of Grade I); |
| 2. | A healing forest not exceeding 500,000 square meters: At least two forest healing instructors of Grade I or II (including at least one forest healing instructor of Grade I); |
| 3. | A natural recreation forest, forest bath, or forest path: At least two forest healing instructors of Grade I or II (including at least one forest healing instructor of Grade I). |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 4-5 (Designation of Training Institutions of Forest Healing Instructors) |
| (1) | The Minister of the Korea Forest Service may designate any of the following institutions as a training institution of forest healing instructors (hereinafter referred to as "training institution") in accordance with Article 11-4 (1) of the Act: <Amended on Feb. 3, 2016; Feb. 17, 2022> |
| 4. | A non-profit corporation established by acquiring permission from the Minister of the Korea Forest Service pursuant to the Civil Act for the purpose of promoting forestry culture and recreation. |
| (2) | "Requirements prescribed by Presidential Decree, such as operation facilities, human resources, and educational courses" in Article 11-4 (1) of the Act means the designation requirements specified in attached Table 1-2. <Newly Inserted on Jun. 2, 2020> |
| (3) | Any person who intends to be designated as a training institution pursuant to Article 11-4 (1) shall apply for designation as a training institution to the Minister of the Korea Forest Service as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 2, 2020> |
| (4) | Upon designating an institution referred to in any subparagraph of paragraph (1) which meets the designation requirements under paragraph (2) as a training institution, the Minister of the Korea Forest Service shall issue a certificate of designation prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the relevant institution, and shall publicly announce such designation on the website, etc. of the Korea Forest Service. <Amended on Jun. 2, 2020> |
| (5) | "Where it violates matters prescribed by Presidential Decree" in Article 11-4 (4) 4 of the Act means any of the following: <Newly Inserted on Dec. 3, 2014; Jun. 2, 2020; Apr. 11, 2023> |
| 1. | Where it fails to open educational courses for training forest healing instructors within one year from the date it is designated as a training institution under paragraph (4) or fails to operate a training institution for at least one year; |
| 2. | Where it operates educational courses for training forest healing instructors in any place other than the institution designated as a training institution under paragraph (4), or operates educational courses for training forest healing instructors differently from those submitted at the time of designation; |
| 3. | Where an institution designated as a training institution pursuant to paragraph (4) poorly operates a training institution by intention or gross negligence. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation, etc. of a training institution shall be determined by the Minister of the Korea Forest Service. <Amended on Dec. 3, 2014; Jun. 2, 2020> |
[This Article Newly Inserted on Jan. 6, 2012]
[Title Amended on Dec. 3, 2014]
| Article 5 (Qualification Standards for Forest Leisure Sport Instructors) |
"Qualifications prescribed by Presidential Decree" in Article 12 (1) of the Act means the qualification standards specified in attached Table 1-3. [This Article Newly Inserted on Jun. 2, 2020]
CHAPTER IV DEVELOPMENT OF NATURAL RECREATION FORESTS, FOREST BATHS
| Article 6 (Area of Land Included in National Recreation Forest) |
"Area prescribed by Presidential Decree" in the former part of Article 13 (3) of the Act means 10,000 square meters. [This Article Newly Inserted on Jun. 27, 2017]
| Article 7 (Types of and Standards, for Facilities in Natural Recreation Forests) |
| (1) | The types of and standards for facilities that may be installed in a natural recreation forest under Article 14 (4) of the Act shall be as specified in attached Table 1-4. <Amended on Sep. 17, 2010; Jan. 6, 2012; Aug. 14, 2018; Jun. 2, 2020> |
| (2) | The scale of facilities that may be installed in a natural recreation forest under Article 14 (4) of the Act shall be as follows: <Amended on Dec. 31, 2015; Dec. 29, 2017; Aug. 14, 2018; Mar. 28, 2023; Apr. 11, 2023> |
| 1. | The total area of a forest whose form and quality is to be changed due to the installation of natural recreation forest facilities (the area of forest roads, circular roads, walkways, forest experience courses and mountain trails installed before a natural recreation forest is developed shall be excluded from the total forest area subject to such change) shall be in accordance with the following criteria: |
| (a) | Where the forest area where a natural recreation forest is to be developed is at least 200,000 square meters or such natural recreation forest is developed in an island under Article 2 of the Islands Development Promotion Act: Not more than 100,000 square meters; |
| (b) | Where the forest area where a natural recreation forest is to be developed is at least 130,000 square meters but less than 200,000 square meters: Not more than 50 percent of the total area of the natural recreation forest; |
| 2. | The total floor area of buildings among facilities in a natural recreation forest shall not exceed 10,000 square meters; |
| 3. | The gross floor area of any individual building shall not exceed 900 square meters: Provided, That the gross floor area of a restaurant or a general restaurant under the Enforcement Decree of the Food Sanitation Act shall be in accordance with the following classifications: |
| (a) | Natural recreational forests owned by the State or a local government: Not more than 200 square meters; |
| (b) | Natural recreation forests, other than those under item (a): Not more than 600 square meters; |
| 4. | The total number of floors of any building shall be up to three. |
| (3) | Deleted. <Sep. 17, 2010> |
| (4) | Except as provided in paragraphs (1) and (2), matters necessary for installing, operating and managing recreation facilities shall be prescribed by the Minister of the Korea Forest Service. <Amended on Sep. 17, 2010> |
| Article 7-2 (Safety Management in Natural Recreation Forests) |
| (1) | A safety management plan (hereinafter referred to as "safety management plan") formulated by a person who manages a natural recreation forest pursuant to Article 16-2 (1) of the Act shall include the following matters: |
| 1. | Composition of an organization in charge of safety management for the facilities, users, etc. of the natural recreation forest; |
| 2. | Education and training of staff on safety management; |
| 3. | Methods of safety inspections and frequency thereof; |
| 4. | Actions and response in the event of an accident or disaster; |
| 5. | Other matters that the Minister of the Korea Forest Service deems necessary for safety management in natural recreation forests. |
| (2) | The Minister of the Korea Forest Service and the head of a local government shall conduct a safety inspection of a natural recreation forest at least once every half year. In such cases, the Minister of the Korea Forest Service and the head of a local government may request the manager of the natural recreation forest to submit the results of safety inspections conducted by such manager. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the formulation and implementation of safety management plans and for safety inspections shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Aug. 14, 2018]
| Article 8 (Area of Land Included in Forest Bath) |
"Area prescribed by Presidential Decree" in the former part of Article 20 (3) of the Act means one tenth of each area developed for a forest bath, healing forest, camping site in a forest, or leisure sports facilities, respectively: Provided, That it means an area referred to in the following subparagraphs where a tenth part of an area developed for a forest bath, healing forest, camping site in a forest, or leisure sports facilities exceeds an area classified as follows: | 1. | For a forest bath: 5,000 square meters; |
| 2. | For a healing forest: 10,000 square meters; |
| 3. | For a camping site in a forest: 3,000 square meters; |
| 4. | For a leisure sports facilities: 3,000 square meters. |
[This Article Newly Inserted on Jun. 27, 2017]
| Article 9 (Types of and Standards for Facilities in Forest Baths, etc.) |
| (1) | The types of and standards for facilities that may be installed in a forest bath under Article 20 (5) of the Act shall be as prescribed in attached Table 2. <Amended on Sep. 17, 2010; Jun. 27, 2017> |
| (2) | Deleted. <Sep. 17, 2010> |
| (3) | Matters necessary for installing, operating, managing, etc. facilities in a forest bath, other than those prescribed in paragraph (1), shall be prescribed by the Minister of the Korea Forest Service. <Amended on Sep. 17, 2010> |
| Article 9-2 (Types of and Standards for Facilities in Healing Forests) |
| (1) | Deleted. <Dec. 31, 2015> |
| (2) | The types of and installation standards for facilities that may be installed in a healing forest under Article 20 (5) of the Act shall be as prescribed in attached Table 3. <Amended on Jun. 27, 2017> |
| (3) | The scale of facilities that may be installed in a healing forest under Article 20 (5) of the Act shall be as follows: <Amended on Dec. 31, 2015; Jun. 27, 2017; Apr. 11, 2023> |
| 1. | The total area of a forest expected to undergo changes in its form and quality due to the installation of facilities of a healing forest (the area of forest roads, circular roads, walkways, forest experience courses and mountain trails installed before the healing forest is developed shall be excluded when calculating the total forest area subject to such changes) shall be in accordance with the following criteria; |
| (b) | Where a healing forest is developed in an area, other than a green area: Not more than 10 percent of the entire healing forest area; |
| 2. | The floor area occupied by buildings, among facilities of a healing forest, shall be in accordance with the following criteria: |
| (a) | Where a healing forest is developed in a green area: Not more than 5,000 square meters; |
| (b) | Where a healing forest is developed in an area, other than a green area: Not more than two percent of the entire healing forest area; |
| 3. | The total number of floors of any building shall be up to two: Provided, That the total number of floors of a building may be up to four, where a healing forest is developed in a green area. |
| (4) | Matters necessary for installing, operating and managing facilities of a healing forest, other than those prescribed in paragraphs (2) and (3), shall be prescribed by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Sep. 17, 2010]
| Article 9-3 (Types of and Standards for Facilities That May Be Installed in Camping Sites in Forests) |
| (1) | The types of and standards for facilities that may be installed in a camping site in a forest under Article 20 (5) of the Act shall be as prescribed in attached Table 3-2. <Amended on Jun. 27, 2017> |
| (2) | The scale of facilities that may be established in a camping site in a forest under Article 20 (5) of the Act shall be as follows: <Amended on Nov. 22, 2016; Jun. 27, 2017> |
| 1. | The total area of a forest allowed to undergo changes in its form and quality following the installation of a camping site in a forest (the area of forest roads, circular roads, walkways, forest experience courses and mountain trails installed before a camping site in a forest is developed shall be excluded when calculating the total forest area subject to such changes) shall be in accordance with the following criteria: |
| (a) | Where the State or a local government conducts development: No greater than ten percent of the area of a camping site in a forest; |
| (b) | Where any person other than those prescribed in subparagraph (a) conducts development: |
| (i) | When the area of a camping site in a forest exceeds 10,000 square meters: No greater than 30 percent of the area of a camping site in a forest; |
| (ii) | When the area of a camping site in a forest exceeds 10,000 square meters but does not exceed 50,000 square meters: No greater than the area gained by adding 3,000 square meters to 5 percent of the total area of a camping site in a forest exceeding 10,000 square meters; |
| (iii) | When the area of a camping site in a forest exceeds 50,000 square meters: No greater than ten percent of the area of a camping site in a forest. |
| 2. | The number of floors of buildings, such as a sanitary complex facility, management center, etc., shall be up to two floors, and the floor area occupied by buildings in a camping site in a forest shall not exceed ten percent of the total area of the camping site in the forest. |
| (3) | Matters necessary for installing, operating, managing, etc., camping sites in forests, other than those prescribed in paragraphs (1) and (2), shall be prescribed by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 9-4 (Types of and Standards for Facilities That May Be Installed in Leisure Sports Facilities in Forests) |
| (1) | The types of and standards for leisure sports facilities in a forest under Article 20 (5) of the Act shall be as prescribed in attached Table 3-3. <Amended on Jun. 27, 2017; Dec. 29, 2017> |
| (2) | Matters necessary for installing, operating, managing, etc., leisure sports facilities in forests, other than those prescribed in paragraph (1), shall be prescribed by the Minister of the Korea Forest Service: <Newly Inserted on Dec. 29, 2017> |
| 1. | The floor area occupied by buildings of leisure sports facilities in forests shall not exceed 5,000 square meters; |
| 2. | The gross floor area of any individual building shall not exceed 900 square meters: Provided, That the gross floor area of a rest restaurant business establishment referred to in the Enforcement Decree of the Food Sanitation Act shall not exceed 200 square meters; |
| 3. | The number of floors of a building shall be up to two floors. |
| (3) | Matters necessary for installing, operating, managing, etc., leisure sports facilities in forests, other than those prescribed in paragraphs (1) and (2), shall be prescribed by the Minister of the Korea Forest Service. <Amended on Dec. 29, 2017> |
[This Article Newly Inserted on Dec. 31, 2015]
[Title Amended on Dec. 29, 2017]
| Article 9-5 (Feasibility Assessment on Natural Recreation Forests) |
| (1) | "Criteria prescribed by Presidential Decree" in the former part of Article 21-2 (1) of the Act means the following criteria applicable to a forest which is to be used as a natural recreation forest, etc.: <Amended on Aug. 14, 2018; Jun. 22, 2021; Apr. 11, 2023> |
| 1. | Scenery: The difference in elevation, the age of trees, plant diversity, growth status, etc., shall be appropriate; |
| 2. | Location: Accessibility shall be easy in view of the current status of access roads and the distance to neighboring cities; |
| 3. | Area: A natural recreation forest and a healing forest shall be developed in a forest with the area equal to or larger than the following relevant areas: |
| (a) | A natural recreation forest: 200,000 square meters when the State or a local government develops the forest; and 130,000 square meters when any other person develops the forest: Provided, That in cases of island areas defined in Article 2 of the Islands Development Promotion Act, it shall be 100,000 square meters regardless of the developer of the forest; |
| (i) | 500,000 square meters when the State or a local government develops the forest (250,000 square meters when a healing forest is to be developed in an area under jurisdiction of the Special Metropolitan City or a Metropolitan City), and 300,000 square meters when any other person develops the forest (150,000 square meters when a healing forest is to be developed in an area under jurisdiction of the Special Metropolitan City or a Metropolitan City): Provided, That in cases of island areas defined in Article 2 of the Islands Development Promotion Act, it shall be 100,000 square meters regardless of who develops the forest; |
| (ii) | 50,000 square meters, where a healing forest is developed in a green area, notwithstanding subitem (i); |
| 4. | Development conditions: Development costs, land use restrictions, disaster frequency, etc., shall be appropriate; |
| 5. | The purpose of development, etc.: The development purpose of a natural recreation forest, etc., the operation of programs, etc. shall be appropriate. |
| (2) | Except as provided in paragraph (1), detailed criteria for feasibility assessment provided in Article 21-2 (1) of the Act shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 9-6 (Entrustment of Feasibility Assessment) |
"Institution or organization prescribed by Presidential Decree" in Article 21-2 (2) of the Act means any of the following institutions or organizations: <Amended on Jun. 27, 2023> | 5. | A non-profit corporation established by acquiring permission from the Minister of the Korea Forest Service pursuant to the Civil Act for the purpose of promoting forestry culture and recreation. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 9-7 (Requirements for Approval of Plan for Creating Forest for Experiencing Forest Management) |
| (1) | "Person who meets the requirements prescribed by Presidential Decree, in terms of forest area, career, etc." in the former part of Article 21-3 (1) of the Act means a person who meets all of the following requirements: |
| (2) | "Area prescribed by Presidential Decree" in the former part of Article 21-3 (2) of the Act means 5,000 square meters. |
[This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 9-7 moved to Article 9-9 <Jun. 7, 2023>]
| Article 9-8 (Types of and Standards for Facilities That May Be Installed in Forest for Experiencing Forest Management) |
The types of and standards for facilities that may be installed in a forest for experiencing forest management under Article 21-3 (4) of the Act shall be as specified in attached Table 3-4. [This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 9-8 moved to Article 9-10 <Jun. 7, 2023>]
| Article 9-9 (Use Fees for Natural Recreation Forests) |
| (1) | Entrance fees of a natural recreation forest, etc., fees for using facilities, fees for experience, etc. (hereinafter referred to as "use fees") prescribed in Article 21-5 (1) of the Act shall be determined appropriately by taking into account costs incurred in developing, maintaining, and managing the natural recreation forest, etc. |
| (2) | Any of the following persons may be exempted from entrance fees of a natural recreation forest, etc.: Provided, That subparagraphs 12 through 16 shall apply only to a natural recreation forest, etc., developed by the State or a local government: <Amended on Jun. 21, 2016; Dec. 29, 2017; Aug. 14, 2018; Dec. 31, 2018; Jun. 2, 2020; Apr. 6, 2021; Apr. 11, 2023> |
| 1. | Guests of the State and their attendants; |
| 2. | Diplomatic corps and their attendants; |
| 3. | Persons aged six years or younger and persons aged at least 65 years; |
| 4. | Persons who visit a natural recreation forest, etc., for public duties; |
| 10-3. | Patients suffering from potential aftereffects of defoliants under Article 4s and 7 (5) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organization; |
| 10-5. | Persons of distinguished service to sports of the Republic of Korea designated under Article 7 (1) of the Athlete Welfare Act, their spouse, one person directly assisting their activities (limited to where a person of distinguished service to sports of the Republic of Korea is accompanied by the person directly assisting his or her activities), and one bereaved family member with priority under paragraph (3) 2 of that Article; |
| 14. | Persons who reside in a Si/Gun/Gu in which the relevant natural recreation forest, etc. is located; |
| 15. | Persons who frequently visit a Buddhist temple, etc. located in the relevant natural recreation forest, etc.; |
| 16. | Persons similar to those who correspond to subparagraph 1 through 15, publicly notified by the Minister of the Korea Forest Service as necessary for exemption from entrance fees. |
| (3) | Except as provided in paragraphs (1) and (2), detailed criteria for collecting use fees shall be determined and publicly notified by the Minister of the Korea Forest Service if a natural recreation forest, etc. has been developed by the State; by ordinance of the relevant local government if a natural recreation forest, etc. has been developed by a local government; and by a person who has developed the relevant natural recreation forest, etc. if a natural recreation forest, etc. has been developed by any person other than the State or a local government. |
[This Article Newly Inserted on Dec. 31, 2015]
[Moved from Article 9-7 <Jun. 7, 2023>]
| Article 9-10 (Acts Prohibited in Natural Recreation Forests) |
"Acts prescribed by Presidential Decree" in subparagraph 3 of Article 21-6 of the Act means any of the following: <Amended on Apr. 11, 2023> | 1. | Moving, removing, or destroying facilities installed in a natural recreation forest, etc. without permission of the manager of the natural recreation forest, etc.; |
| 2. | Causing another person to feel uncomfortable by generating a loud noise or strong odor; |
| 3. | Parking in places other than designated places; |
| 4. | Commercial transactions in places other than designated places; |
| 5. | Camping out by using tents, motor vehicles, etc. in places other than designated places. |
[This Article Newly Inserted on Aug. 19, 2020]
[Moved from Article 9-8 <Jun. 7, 2023>]
| Article 10 (Entrustment of Natural Recreation Forests) |
| (1) | "Corporations or organizations prescribed by Presidential Decree" in Article 22 of the Act means any of the following corporations or organizations financially capable of developing or managing a natural recreation forest, forest bath, healing forest, camping site or leisure sports facilities in a forest: <Amended on Sep. 17, 2010; Jan. 6, 2012; Dec. 3, 2014; Jun. 27, 2017; Dec. 29, 2017; Jun. 2, 2020> |
| 1. | The Korea Mountaineering and Trekking Support Center established under Article 27-2 (1) of the Act; |
| 2. | A non-profit corporation established by acquiring permission from the Minister of the Korea Forest Service or a Mayor/Do Governor pursuant to the Civil Act for the purpose of promoting forestry culture and recreation; |
| 3. | A local government-invested public corporation or local government public corporation established under the Local Public Enterprises Act; |
| 4. | Any organization comprised of at least five forest managers, forest successors, or forest engineers. |
| (2) | A period of entrustment prescribed in Article 22 of the Act shall be between three and five years, which may be extended by two to five years when it is deemed necessary by the Minister of the Korea Forest Service or the head of a local government: Provided, That when the head of a local government extends a period of entrustment, with respect to the total number of such extensions, Article 19 (2) and (3) of the Enforcement Decree of the Public Property and Commodity Management Act shall apply mutatis mutandis. <Newly Inserted on Sep. 17, 2010> |
[Title Amended on Dec. 29, 2017]
| Article 11 (Entrustment of Investigation on Status of Forest Paths) |
"Corporation or organization prescribed by Presidential Decree" in Article 22-3 (7) of the Act means any of the following corporations or organizations: <Amended on Sep. 6, 2011; Aug. 14, 2018; Jun. 2, 2020> | 3. | A non-profit corporation established with permission from the Minister of the Korea Forest Service pursuant to the Civil Act to conduct education, training, etc., regarding mountaineering and trekking; |
| 4. | The Korea Mountaineering and Trekking Support Center established under Article 27-2 (1) of the Act. |
[Title Amended on Nov. 6, 2011]
| Article 11-2 (Feasibility Assessment of Plans for Creating Forest Paths) |
| (1) | "Standards prescribed by Presidential Decree" in the former part of Article 23 (1) of the Act means the following standards regarding plans for creating forest paths: |
| 1. | Appropriateness in the selection of the routes of forest paths: The routes of forest paths shall be selected in consideration of the scenic conditions of the relevant areas subject to creation, the connection between forest paths, safety, etc.; |
| 2. | Appropriateness of a plan for creating forest paths: Such plan shall be formulated in consideration of the name and location of the forest path, the purposes of such creation, the distance, accessibility, operation, management, etc. of the forest path; |
| 3. | Effects on ecosystems: The creation of a forest path shall have insignificant effects on forest ecosystems, such as no damage to habitats of endangered fauna and flora; |
| 4. | Impacts on local communities: The creation of a forest path shall contribute to the revitalization of local communities by linking with local history, culture, tourism resources, etc. |
| (2) | Detailed criteria for feasibility assessment under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 11-2 moved to Article 11-3 <Jun. 2, 2020>]
| Article 11-3 (Seeking Opinions on Plans for Creating Forest Paths) |
| (1) | Where the head of a regional Forest Service and the head of a local government (hereinafter referred to as "forest path management agency") intend to seek opinions of the interested parties (including land owners) under Article 23 (1) of the Act, he or she shall post a plan for creating forest paths, including a drawing showing the scheduled routes of forest paths, on its website or daily newspaper, etc. for at least 20 days. <Amended on Jun. 2, 2020> |
| (2) | The forest path management agency may hear opinions of the heads of the related administrative agencies on the plan for creating forest paths, or hold a forum of experts in forest paths and a presentation for residents. |
[This Article Newly Inserted on Sep. 6, 2011]
[Moved from Article 11-2; previous Article 11-3 moved to Article 11-5 <Jun. 2, 2020>]
| Article 11-4 (Entrustment of Feasibility Assessment of Plans for Creating Forest Paths) |
| (1) | "Corporation or organization prescribed by Presidential Decree" in the latter part of Article 23 (1) of the Act means the following: <Amended on Jun. 27, 2023> |
| 1. | The Korea Mountaineering and Trekking Support Center established under Article 27-2 (1) of the Act; |
| 4. | A general business or specialized forestry technology service business entity under attached Table 4 of the Enforcement Decree of the Forestry Technology Promotion and Management Act, among forestry technology service business entities registered under Article 15 of the Forestry Technology Promotion and Management Act; |
| 5. | A non-profit corporation established by acquiring permission from the Minister of the Korea Forest Service pursuant to the Civil Act for the purpose of creating forest paths and supporting the activities of forest path users. |
| (2) | The head of a forest path management agency may request that a corporation or organization entrusted with the feasibility assessment of a plan for creating forest paths pursuant to the latter part of Article 23 (1) of the Act submit data related to the relevant duties. |
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 11-4 moved to Article 11-7 <Jun. 2, 2020>]
| Article 11-5 (Operation and Management of Forest Paths) |
| (1) | A forest path management agency shall engage in the following duties to operate and manage forest paths pursuant to Article 23-2 of the Act: <Amended on Dec. 31, 2015; Aug. 14, 2018> |
| 1. | Installing, maintaining and managing facilities to promote the use of forest paths and enhance the safety and convenience of users, such as safety facilities, comprehensive guide boards, observation platforms, and commentary signs; |
| 2. | Inspecting, at least once a year, the actual status of forest paths to efficiently maintain and manage them; |
| 3. | Establishing, operating and managing a forest path information center to provide information on the use of forest paths; |
| 5. | Other duties deemed necessary by the Minister of the Korea Forest Service to be conducted by the forest path management agency in order to preserve forest paths and promote their use, safety, and convenience. |
| (2) | The routes of forest paths that connect to or overlap with routes of other forest paths may be operated and managed by the forest path management agency designated through consultation with the relevant forest path management agencies. |
| (3) | The forest path management agency shall allow local residents, civic groups, etc. to participate in programs for operating and managing forest paths. |
[This Article Newly Inserted on Sep. 6, 2011]
[Moved from Article 11-3; previous Article 11-5 moved to Article 11-8 <Jun. 2, 2020>]
| Article 11-6 (Standards and Procedures for Designating National Forest Paths) |
| (1) | The standards for designating national forest paths under Article 23-3 (1) of the Act shall be as specified in attached Table 3-5. <Amended on Jun. 7, 2023> |
| (2) | A forest path management agency that intends to have forest paths designated as national forest paths pursuant to Article 23-3 (1) of the Act shall submit an application for designation of national forest paths to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | Upon receipt of an application for designation under paragraph (2), the Minister of the Korea Forest Service may designate a national forest path after deliberation by the Forest Welfare Deliberation Committee established under Article 8 of the Forest Welfare Promotion Act, if the forest path created under Article 23 of the Act meets the designation standards under paragraph (1). |
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 11-6 moved to Article 11-9 <Jun. 2, 2020>]
| Article 11-7 (Cancellation of Designation of Prohibited Entry of Motor Vehicles and Horses to Forest Paths) |
"When there arises any cause prescribed by Presidential Decree" in Article 25-3 (2) of the Act means when the installation of facilities, etc. completely separates the routes of forest paths designated pursuant to Article 25-3 (1) of the Act, which are utilized by the users of the forest paths, and the passage routes of motor vehicles and horses defined in subparagraph 17 of Article 2 of the Road Traffic Act (hereinafter referred to as "motor vehicles and horses"), which results in motor vehicles and horses not being able to use the passage routes of the forest paths utilized by the users. [This Article Newly Inserted on Dec. 8, 2020]
[Previous Article 11-7 moved to Article 11-8 <Dec. 8, 2020>]
| Article 11-8 (Collection of Facility Use Fees at Mountaineering and Trekking Schools) |
| (1) | When the Minister of the Korea Forest Service determines the rate of facility use fees, experience fees, etc. pursuant to Article 27 (4) of the Act, he or she shall determine the rate of fees on the basis of expenses necessary for the establishment, operation, maintenance and management of facilities related to mountaineering and trekking, and on the basis of actual cost of experiential activities. |
| (2) | Detailed standards for the collection of facility use fees, experience fees, etc. under paragraph (1) shall be determined and publicly notified by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Aug. 14, 2018]
[Moved from Article 11-7; previous Article 11-8 moved to Article 11-9 <Dec. 8, 2020>]
| Article 11-9 (Executive Officers of Center) |
| (1) | The Korea Mountaineering and Trekking Support Center under Article 27-2 (1) of the Act shall have the chairperson, directors and auditors as its executive officers pursuant to Article 4. <Amended on Sep. 6, 2011; Jun. 2, 2020> |
| (2) | Necessary matters concerning the fixed number of executive officers, their terms of office, appointment methods, qualification requirements, and other related matters shall be determined by the Center’s articles of incorporation. |
[This Article Newly Inserted on Jun. 11, 2008]
[Moved from Article 11-8; previous Article 11-9 moved to Article 11-10 <Dec. 8, 2020>]
| Article 11-10 (Board of Directors) |
| (1) | The board of directors shall be established in the Center to deliberate and decide on important matters specified by the Center’s articles of incorporation. |
| (2) | The board of directors shall be comprised of directors, including the chairperson. |
| (3) | Matters necessary for the operation of the board of directors shall be determined by the Center’s articles of incorporation. |
[This Article Newly Inserted on Jun. 11, 2008]
[Moved from Article 11-9; previous Article 11-10 moved to Article 11-11 <Dec. 8, 2020>]
| Article 11-11 (Operation of Center) |
| (1) | The Center may have branch offices in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province under Article 27-2 (4) of the Act. <Amended on Dec. 31, 2015> |
| (2) | In order to operate and manage forest paths created under the unique circumstances of a relevant area and to promote joint projects through local residents’ participation, in accordance with Article 27-2 (4) of the Act, the Center may designate a corporation related to forest paths in the relevant area as a local forest path center upon approval of the Minister of the Korea Forest Service; and shall have such corporation engage in cooperative projects for operating the Center. |
[This Article Newly Inserted on Sep. 6, 2011]
[Moved from Article 11-10; previous Article 11-11 moved to Article 11-12 <Dec. 8, 2020>]
| Article 11-12 (Scope of Businesses Entrusted to Center) |
The scope of businesses to be entrusted to the Center under Article 27-2 (4) of the Act shall be as follows: <Amended on Dec. 31, 2015> | 1. | Developing programs for forest path experiences, and establishing and operating an information network; |
| 2. | Establishing, operating and managing exhibitions, museums, etc., related to forest paths; |
| 3. | Operating and managing forest paths created by the forest path management agency. |
[This Article Newly Inserted on Sep. 6, 2011]
[Moved from Article 11-11; previous Article 11-12 moved to Article 11-13 <Dec. 8, 2020>]
| Article 11-13 (Submission of Business Plans of Center) |
The Center shall prepare the following documents and submit them to the Minister of the Korea Forest Service by the end of February every year:
| 1. | Its business performance report and report on the settlement of accounts for the previous year; |
| 2. | Its business plan and budget statement for the relevant year. |
[This Article Newly Inserted on Jun. 11, 2008]
[Moved from Article 11-12 <Dec. 8, 2020>]
| Article 12 (Operation, etc., of Mountain Rescue Teams) |
| (1) | The forest path management agency shall organize and operate mountain rescue teams provided for in Article 28 (1) of the Act according to the following classifications: <Amended on Sep. 6, 2011; Dec. 31, 2015> |
| 1. | Forest air rescue team: A rescue team organized and operated by the Forest Aviation Headquarters to conduct rescue activities using an aircraft when an accident, such as distress, disappearance, fall, etc., occurs on forest paths and mountain areas; |
| 2. | Mountaineering safety support team: A rescue team organized and operated by each forest path management agency to support the activities of the forest air rescue team or to conduct education and promotion activities concerning the prevention of accidents, first-aid treatment, and emergency service; |
| 3. | Civilian mountain rescue team: A rescue team consisting of members of related corporations or organizations, operated to support the activities of the mountain rescue teams prescribed in subparagraphs 1 and 2 or to conduct education and promotion activities concerning the prevention of mountain accidents involving forest path users, such as distress, disappearance, fall, etc., and first-aid treatment, emergency service, etc., to be performed in the event of such mountain accidents. |
| (2) | The mountain rescue teams may give first aid to patients or transport them to medical institutions in the event of an accident, such as distress, disappearance, or fall, involving forest path users within their jurisdictions. <Amended on Sep. 6, 2011> |
| (3) | The forest air rescue team referred to in paragraph (1) 1 shall operate in cooperation with the rescue squad and emergency medical services team prescribed in the Act on 119 Rescue and Emergency Medical Services. <Amended on Sep. 6, 2011> |
| (4) | Matters necessary for organizing, operating, etc., the forest air rescue team, other than those provided for in paragraph (1) 1 and 3, shall be prescribed by the Minister of the Korea Forest Service. <Amended on Sep. 6, 2011> |
| Article 13 (Education and Training of Members of Mountain Rescue Teams) |
Any member of the mountain rescue teams organized pursuant to Article 12 (1) shall receive education and training necessary to conduct his or her duties at least once a year. <Amended on Sep. 6, 2011> [Title Amended on Nov. 6, 2011]
CHAPTER VI PROMOTION OF FORESTRY CULTURE
| Article 13-2 (Designation of Specialized Institutions for Promotion of Forestry Culture) |
| (1) | Requirements for designation of specialized institutions for the promotion of forestry culture under Article 28-5 (1) of the Act (hereinafter referred to as "specialized institutions") shall be as specified in attached Table 3-6. |
| (2) | A person who intends to be designated as a specialized institution pursuant to Article 28-5 (1) of the Act shall submit an application for designation prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, along with documents certifying that he or she satisfies the requirements for designation under paragraph (1), to the Minister of the Korea Forest Service. |
| (3) | When the Minister of the Korea Forest Service designates an institution satisfying the requirements for designation specified in paragraph (1) as a specialized institution, he or she shall issue a certificate of designation of a specialized institution prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and publicly announce such fact on the website of the Korea Forest Service. |
| (4) | Detailed criteria for the revocation of designation of specialized institutions and for business suspension thereof under Article 28-5 (4) of the Act shall be as specified in attached Table 3-7. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation, operation, etc. of specialized institutions shall be prescribed by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Jan. 4, 2024]
| Article 14 (Criteria for Designating Cultural Assets in Forests) |
| (1) | The criteria for designating a cultural asset in a forest referred to in Article 29 (1) of the Act shall be as follows: |
| 1. | Tangible cultural assets in a forest: Cultural assets in a forest with physical shape, including land, forests, trees, structures, wood products, archives, etc., which have high preservation values for their ecological, scenic, artistic, historical, emotional, and academic significance; |
| 2. | Intangible cultural assets in a forest: Cultural assets in a forest without physical shape, including legends, traditional rituals, folk songs, folk religions, folklore, techniques, etc., which have high preservation values for their artistic, historical, and academic significance. |
| (2) | A State cultural asset in a forest or a City/Do cultural asset in a forest prescribed in Article 29 (1) of the Act shall be designated in accordance with the following criteria: |
| 1. | State cultural assets in a forest: Cultural assets in a forest specified in any of the following: |
| (a) | A cultural asset located in a State forest; |
| (2) | A State cultural asset in a forest or a City/Do cultural asset in a forest prescribed in Article 29 (1) of the Act shall be designated in accordance with the following criteria: |
| (c) | A City/Do cultural asset in a forest that a Mayor/Do Governor requests the Minister of the Korea Forest Service to designate as a State cultural asset; |
| (d) | Other cultural assets in a forest that the Minister of the Korea Forest Service deems necessary to be designated and managed on the national level. |
| 2. | City/Do cultural assets in a forest: Cultural assets in a forest other than those specified in subparagraph 1. |
| (3) | Where the Minister of the Korea Forest Service or a Mayor/Do Governor intends to designate a cultural asset in a forest under paragraphs (1) and (2), he or she shall hear opinions of the head of a related administrative agency and experts in the related fields. |
| (4) | Detailed matters necessary for the criteria, methods, etc., for designating a cultural asset in a forest under paragraphs (1) through (3) shall be prescribed by the Minister of the Korea Forest Service. |
[This Article Wholly Amended on Sep. 17, 2010]
| Article 14-2 (Public Notice of Intended Designation of Cultural Assets in Forests) |
| (1) | Matters to be publicly notified for the designation of a cultural asset in a forest pursuant to Article 29 (2) of the Act shall be as follows: <Amended on Dec. 31, 2015> |
| 1. | Matters related to the type, name, quantity, etc., of cultural assets in a forest; |
| 2. | Matters related to the purpose, reason, etc., for designation; |
| 3. | Matters related to the location, etc., of cultural assets in a forest; |
| 4. | Matters related to the submission of opinions, etc.; |
| 5. | Other matters deemed necessary by the Minister of the Korea Forest Service for designating cultural assets in a forest, collecting opinions, etc. |
| (2) | A person who intends to submit his or her opinions regarding a public notice prescribed in paragraph (1) shall submit them to the Minister of the Korea Forest Service or a Mayor/Do Governor within 30 days from the date of such public notice. |
| (3) | In receipt of opinions under paragraph (2), the Minister of the Korea Forest Service or a Mayor/Do Governor shall notify the results of handling such opinions to the submitter within 20 days. |
[This Article Newly Inserted on Sep. 17, 2010]
| Article 14-3 (Official Facilities Causing Revocation of Designation of Cultural Assets in Forests) |
"Other official or public facilities prescribed by Presidential Decree" referred to in Article 29 (3) 3 of the Act shall mean the following: | 1. | Land erosion control facilities, rivers, banks, and other similar facilities for national land conservation; |
| 2. | Electricity, broadcasting, and communications facilities, and power, oil and gas supply facilities; |
| 3. | Facilities similar to those specified in subparagraphs 1 and 2 designated by the Minister of the Korea Forest Service. |
[This Article Newly Inserted on Sep. 17, 2010]
| Article 14-4 (Protection and Management of Designated Cultural Assets in Forests) |
| (1) | The Minister of the Korea Forest Service or a Mayor/Do Governor may subsidize the following expenses incurred to the owner or caretaker of a designated cultural asset in a forest within budgetary limits under Article 30 (2) of the Act: |
| 1. | Expenses for installing and operating facilities for protecting and managing designated cultural assets in a forest; |
| 2. | Expenses for preserving and managing designated cultural assets in a forest; |
| 3. | Expenses for restoring and restituting designated cultural assets in a forest; |
| 4. | Other expenses deemed necessary by the Minister of the Korea Forest Service to protect and manage designated cultural assets in a forest. |
| (2) | Where the owner or caretaker of a designated cultural asset in a forest wishes to receive a subsidy under paragraph (1), he or she shall make an application to the Minister of the Korea Forest Service or a Mayor/Do Governor as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013> |
| (3) | In receipt of an application referred to in paragraph (2), the Minister of the Korea Forest Service or a Mayor/Do Governor shall notify the applicant of whether a subsidy will be provided, the scale of such subsidy, etc. within 30 days from the date such application is made. |
| (4) | The details of inspecting the actual status of the protection and management of a designated cultural asset in a forest under Article 30 (4) of the Act (hereafter in this Article, referred to as "inspection of the actual status") shall be as follows: <Amended on Aug. 19, 2020> |
| 1. | The current status of the owners and managers of designated cultural assets in forests; |
| 2. | The current status of protective and management measures, including the restoration and recovery of designated cultural assets in forests; |
| 3. | The current status of the installation and operation of facilities and equipment for the protection and management of designated cultural assets in forests; |
| 4. | Other matters deemed necessary by the Minister of Environment or a Mayor/Do Governor. |
| (5) | The Minister of the Korea Forest Service or a Mayor/Do Governor shall conduct an inspection of the actual status at least once every year. <Newly Inserted on Aug. 19, 2020> |
| (6) | A Mayor/Do Governor shall report the result of an inspection of the actual status and the result of the measures taken following the inspection to the Minister of the Korea Forest Service by December 31 each year. <Newly Inserted on Aug. 19, 2020> |
[This Article Newly Inserted on Sep. 17, 2010]
| Article 14-5 (Storage Facilities of Designated Cultural Assets in Forests) |
"Facilities prescribed by Presidential Decree" in Article 31 (2) of the Act means the following facilities operated by the State or a local government: | 2. | Forest museums specified in subparagraph 1 (d) of attached Table 1-4; |
| 3. | Other facilities designated and publicly notified by the Minister of the Korea Forest Service, in consideration of their location, characteristics, scale, etc. |
[This Article Newly Inserted on Aug. 19, 2020]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 15 (Delegation of Authority) |
| (1) | Pursuant to Article 34 of the Act, the Minister of the Korea Forest Service shall delegate the following authority to the head of a regional Forest Service, the head of the Korea Forest Research Institute, the president of the National Institute of Forest Science, the Director General of the Korea National Arboretum, the Director General of the National Forest Seed and Variety Center, the head of the National Recreation Forest Management Office, or the head of the National Forest Management Office of a regional Forest Service: Provided, That the authority specified in subparagraph 3 shall not be delegated to the Director General of the Korea National Arboretum, the Director General of the National Forest Seed and Variety Center, or the head of the National Recreation Forest Management Office: <Amended on Sep. 6, 2011; Dec. 31, 2015; Nov. 22, 2016; Aug. 14, 2018; Aug. 19, 2020; Dec. 8, 2020; Jan. 4, 2024> |
| 1. | Deleted; <Jul. 24, 2012> |
| 2. | Deleted; <Jul. 24, 2012> |
| 3. | Inspecting the scheduled routes of forest paths and the status of the neighboring forests, and the status of operating and managing the existing forest paths, prescribed in Article 22-3 (6) of the Act; |
| 4. | Deleted; <Sep. 6, 2011> |
| 5. | Deleted; <Sep. 6, 2011> |
| 6. | Protecting and managing a designated cultural asset in a forest, designating a caretaker of such asset, issuing an order to an owner, caretaker, etc. and subsidizing protection and management expenses, prescribed in Article 30 (1) and (2) of the Act; |
| 7. | Inspecting the actual status of the protection and management of a designated cultural asset in a forest under Article 30 (4) of the Act; |
| 8. | Purchasing a designated cultural asset in a forest, land, etc., under Article 31 (1) of the Act; |
| 9. | Imposing and collecting administrative fines under Article 38 (3) of the Act and paragraph (4) 3 through 6 of that Article. |
| (2) | Pursuant to Article 34 of the Act, the Minister of the Korea Forest Service shall delegate the following authority to the head of a regional Forest Service and the head of the National Recreation Forest Management Office: <Amended on Dec. 31, 2015; Aug. 14, 2018; Aug. 19, 2020> |
| 1. | Formulating, amending and implementing a regional plan under Article 4 (3), (4), (6), and (7) of the Act; |
| 2. | Conducting a basic survey to formulate or amend a regional plan prescribed in Article 5 (1) of the Act; |
| 3. | Creating a forest bath, healing forest, camping site in a forest, leisure sports facilities in a forest prescribed in Article 20 (1) of the Act. |
| (3) | Deleted. <Sep. 6, 2011> |
| (4) | Pursuant to Article 34 of the Act, the Minister of the Korea Forest Service shall delegate the following authority to the head of the National Recreation Forest Management Office: <Amended on Dec. 31, 2015; Aug. 14, 2018; Aug. 19, 2020; Jan. 4, 2024> |
| 1. | Creating a state-owned natural recreation forest prescribed in Article 14 (1) of the Act; |
| 2. | Deleted; <Dec. 31, 2015> |
| 3. | Implementing a resting year system for a state-owned natural recreation forest, and granting permission to enter a state-owned natural recreation forest in resting years, prescribed in Article 18 (1) and (5) of the Act; |
| 3-2. | Collecting use fees for a state-owned natural recreation forest prescribed in Article 21-5 of the Act; |
| 4. | Imposing and collecting administrative fines under Article 38 (4) 2 of the Act. |
| (5) | Pursuant to Article 34 of the Act, the Minister of the Korea Forest Service shall delegate his or her authority concerning feasibility assessment provided for in Article 21-2 of the Act to the head of a regional Forest Service, the head of the National Recreation Forest Management Office, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu according to the following criteria: <Amended on Dec. 31, 2015; Jun. 27, 2017> |
| 1. | The head of a regional Forest Service: A forest bath, healing forest, camping site, or leisure sports facilities to be developed in a State forest under Article 20 (1) of the Act; |
| 1-2. | The head of the National Recreation Forest Management Office: A state-owned natural recreation forest designated under Article 13 (1) of the Act; |
| 2. | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: A natural recreation forest designated under Article 13 (2) of the Act. |
| (6) | Pursuant to Article 34 of the Act, a Mayor/Do Governor shall delegate the following authority to the head of a Si/Gun/Gu: <Newly Inserted on Dec. 3, 2014; Nov. 22, 2016; Aug. 19, 2020> |
| 1. | Protecting and managing a designated cultural asset in a forest, designating a caretaker of such asset, issuing an order to an owner or caretaker, and subsidizing protection and management expenses, prescribed in Article 30 (1) and (2) of the Act; |
| 2. | Inspecting the actual status of the protection and management of a designated cultural asset in a forest under Article 30 (4) of the Act; |
| 3. | Purchasing a designated cultural asset in a forest, land, etc., prescribed in Article 31 (1) of the Act; |
| 4. | Feasibility assessment prescribed in Article 21-2 (1) 3 of the Act. |
[This Article Wholly Amended on Sep. 17, 2010]
| Article 15-2 (Re-Examination of Regulation) |
The Minister of the Korea Forest Service shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 31, 2015; Dec. 30, 2016; Jun. 7, 2023>
| 1. | The qualification standards by grade for forest healing instructors prescribed in Article 4-3 and attached Table 1: January 1, 2017; |
| 2. | Deleted; <Dec. 30, 2016> |
| 3. | Scope of institutions that may be designated as a training institution of forest healing instructors defined in Article 4-5 (1): January 1, 2017; |
| 4. | Criteria for a forest where a healing forest may be developed pursuant to Article 9-5 (1) 3 (b): January 1, 2017; |
| 5. | Requirements for approval of a plan for creating a forest for experiencing forest management under Article 9-7: January 1, 2023; |
| 6. | Types of and standards for facilities that may be installed in a forest for experiencing forest management under Article 9-8 and attached Table 3-4: January 1, 2023. |
[This Article Newly Inserted on Dec. 9, 2014]
CHAPTER VIII PENALTY PROVISIONS
| Article 16 (Standards for Imposing Administrative Fines) |
The standards for imposing administrative fines under Article 38 (1) through (4) of the Act shall be as specified in attached Table 4. <Amended on Aug. 29, 2016; Jun. 2, 2020; Jan. 4, 2024> [This Article Newly Inserted on Sep. 17, 2010]
ADDENDA <Presidential Decree No. 19641, Aug. 4, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on August 5, 2006. |
| (2) | (Relationship to Other Acts) Where the Enforcement Decree of the Forestry Act or any of its provisions is cited by another statute as at the time this Decree enters into force, if this Decree includes corresponding provisions, this Decree or the corresponding provisions of this Decree shall be deemed to have cited in lieu of the former provisions. |
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.
ADDENDUM <Presidential Decree No. 20812, Jun. 11, 2008>
This Decree shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 22381, Sep. 17, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 18, 2010.
Article 2 (Applicability to Period of Entrustment of Natural Recreation Forests, etc.)
The amended provisions of Article 10 (2) shall enter into force starting with the first entrustment agreement or extension agreement concluded after this Decree enters into force. Article 3 (Transitional Measures concerning Criteria for Designating Natural Recreation Forests)
Notwithstanding the amended provisions of Article 6, the former provisions concerning the criteria for designating a natural recreation forest shall apply when the procedures for designating a natural recreation forest are underway (excluding cases where the Minister of the Korea Forest Service directly designates a state-owned forest under his/her jurisdiction as a natural recreation forest) as at the time this Decree enters into force. Article 4 (Transitional Measures concerning Standards for Imposing Administrative Fines)
Where the standards for imposing administrative fines are to be applied to a violation committed before this Decree enters into force, the former provisions shall apply.
ADDENDA <Presidential Decree No. 22454, Oct. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23123, Sep. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2011.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Where the standards for imposing administrative fines are to be applied to a violation committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 4, the former provisions shall apply. |
| (2) | The imposition of administrative fines for a violation committed before this Decree enters into force shall not be included when calculating the number of violations pursuant to the amended provisions of attached Table 4. |
ADDENDUM <Presidential Decree No. 23492, Jan. 6, 2012>
This Decree shall enter into force on January 15, 2012.
ADDENDA <Presidential Decree No. 23565, Jan. 26, 2012>
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. 23984, Jul. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2012.
Article 2 Omitted.
Article 3 Omitted.
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.
ADDENDUM <Presidential Decree No. 25598, Sep. 11, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25803, Dec. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Installing Recreation Facilities in Natural Recreation Forests)
Any person who fails to meet the installation standards prescribed in the amended provisions of subparagraph 2 (e) of attached Table 1-2, among those who have installed recreation facilities by acquiring approval for a plan for developing a natural recreation forest before this Decree enters into force, shall satisfy the amended provisions prescribed in the same Table within one year after this Decree enters into force.
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. 26416, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 26842, Dec. 31, 2015>
This Decree shall enter into force on January 21, 2016: Provided, That the amended provisions of subparagraph 2-2 of Article 4 and subparagraph 2 of Article 9-6 shall enter into force on March 28, 2016.
ADDENDA <Presidential Decree No. 26944, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27465, Aug. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 30, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27596, Nov. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28155, Jun. 27, 2017>
This Decree shall enter into force on June 28, 2017: Provided, That Article 10 (1), Article 15 (5), subparagraph 1 (d) of attached Table 1-2, subparagraph 1 (c) of attached Table 2, subparagraph 1 (a) of attached Table 3 and subparagraph 1 (d) of attached Table 3-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28545, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Entrustment of Natural Recreation Forest)
Notwithstanding the amendments to Article 10 (1) 4, an organization to which creation or management of natural recreation forest is entrusted under Article 22 of the Act as at the time this Decree enters into force shall be governed by former provisions until the end of the entrustment period (where the remaining entrustment period is one year or longer as at the time this Decree enters into force, this means until one year after the enforcement date of this Decree).
ADDENDA <Presidential Decree No. 29094, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 22, 2018.
Article 2 (Transitional Measures concerning Installation Standards for Facilities in Natural Recreation Forests)
| (1) | Where an application for approval of a development plan for a natural recreation forest or any revision thereto is filed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 2 (b) of attached Table 1-2. |
| (2) | Where at least two rest restaurants or at least two general restaurants are established in a natural recreation forest before this Decree enters into force, such restaurants shall be deemed to meet the installation standards for facilities in natural recreation forests under this Decree, notwithstanding the amended provisions of subparagraph 2 (b) of the attached Table 1-2. |
ADDENDA <Presidential Decree No. 29450, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 Omitted.
Article 3 Omitted.
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. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30740, Jun. 2, 2020>
This Decree shall enter into force on June 4, 2020.
ADDENDUM <Presidential Decree No. 30947, Aug. 19, 2020>
This Decree shall enter into force on August 19, 2020: Provided, Thar the amended provisions of Articles 4, and 15 (1) 9 and (4) 4 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31235, Dec. 8, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31803, 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. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDUM <Presidential Decree No. 33366, Mar. 28, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 5, 2023.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 33397, Apr. 11, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Types of and Standards for Facilities That May Be Installed in Camping Sites in Forests)
| (1) | The amended provisions of the proviso of subparagraph 1 of the Notes of subparagraph 1 of attached Table 3-2 and subparagraph 2 (b) (i) d of that Table shall also apply where sanitary facilities are installed after this Decree enters into force in a forest cottage which has been installed in a camping site in a forest before this Decree enters into force. |
| (2) | The amended provisions of subparagraph 2 of the Notes of subparagraph 1 of attached Table 3-2 shall begin to apply where a plan for developing facilities, etc. necessary for a camping site in a forest is prepared or altered pursuant to Article 20 (1) of the Act or where an application for approval of a plan or an altered plan for developing facilities, etc. necessary for a camping site in a forest is filed under paragraph (2) of that Article. |
ADDENDUM <Presidential Decree No. 33511, Jun. 7, 2023>
This Decree 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. 34098, Jan. 4, 2024>
This Decree shall enter into force on the date of its promulgation.