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CREATION AND MANAGEMENT OF FOREST RESOURCES ACT

Act No. 7678, Aug. 4, 2005

Amended by Act No. 8283, Jan. 26, 2007

Act No. 8346, Apr. 11, 2007

Act No. 8753, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9313, Dec. 31, 2008

Act No. 9716, May 27, 2009

Act No. 9763, Jun. 9, 2009

Act No. 9961, Jan. 25, 2010

Act No. 10250, Apr. 12, 2010

Act No. 10331, May 31, 2010

Act No. 10481, Mar. 29, 2011

Act No. 11429, May 23, 2012

Act No. 11456, Jun. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12412, Mar. 11, 2014

Act No. 12415, Mar. 11, 2014

Act No. 14269, May 29, 2016

Act No. 14360, Dec. 2, 2016

Act No. 14987, Oct. 31, 2017

Act No. 15080, Nov. 28, 2017

Act No. 16198, Jan. 8, 2019

Act No. 17015, Feb. 18, 2020

Act No. 17091, Mar. 24, 2020

Act No. 17320, May 26, 2020

Act No. 17420, Jun. 9, 2020

Act No. 18882, Jun. 10, 2022

Act No. 19488, Jun. 20, 2023

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the preservation of national land, the development of national economy and the qualitative improvement of citizens' lives by securing the diverse functions of forests and promoting the sustainable preservation and utilization of forests through the development and management of forest resources.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 1-2 (Fundamental Concepts for Management and Control of Forests)
Forests shall be managed and controlled in order to function most harmoniously and appropriately in such various fields as society, economy, and culture, to ensure a fulfilling life for citizens since forests are valuable assets which constitute a substantial portion of national land.
[This Article Added on Mar. 11, 2014]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Dec. 31, 2008; Jun. 1, 2012; Jan. 14, 2014; Jan. 8, 2019; Feb. 18, 2020; Jun. 8, 2020>
1. The term "forest" means any of the following: Provided, That farmland, grassland, residential districts, roads, and land determined by Presidential Decree, and standing timber and bamboo on such land shall be excluded:
(a) Standing timber and bamboo that grow collectively and the land on which they grow;
(b) Land that has temporarily lost the standing timber and bamboo that had been growing thereon collectively;
(c) Land used for collectively growing standing timber and bamboo;
(d) Roads built to manage and administer forests (hereinafter referred to as "forest roads");
(e) Rocky formation and marshland (referring to wetlands surrounded by a marsh and pond) within land referred to in items (a) through (c);
2. The term "forest resources" means any of the following resources useful for the national economy and the people's livelihood:
(a) Biological resources, such as trees, herbage, mosses, mushrooms, and insects that exist or live in forests;
(b) Non-biological resources, such as earth, stone, and water in forests;
(c) Resources for forest recreation and scenery;
3. The term "forest project" means any project determined by Presidential Decree, which is undertaken on forests to maintain, develop, or restore the functions of forests, such as creation, development, and utilization of forests, prevention of mishaps, recovery or restoration of forests, or any project necessary to create, develop, or manage forests, such as creation, and management of urban forests, living forests, roadside trees, and arboretums;
4. Deleted; <Jun. 9, 2020>
5. Deleted; <Jun. 9, 2020>
6. Deleted; <Jun. 9, 2020>
7. The term "forest products" means wood, trees, fallen leaves, earth, stone, etc. that are produced in forests, and others prescribed by Presidential Decree, including trees for landscaping, and bonsai trees;
8. The term "forest seeds" means seeds of resources, trophosome for propagation, spawns, spores, etc. originating from forests or forest resources defined in subparagraph 2 (a);
9. The term "forest biomass energy" means energy produced from forest products, or materials mixed with forest products;
10. The term "forest restoration" means restoring the structure and function of a forest so as to restore the ecosystem and biodiversity of the forest which has been naturally or artificially damaged close to its original state, and to maintain and promote such original state.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 2-2 (Responsibilities of the State concerning Management and Control of Forests)
(1) The State and local governments shall establish and implement policy measures concerning management and control of forests to realize the fundamental concepts prescribed in Article 1-2.
(2) Forest owners shall manage and control their forests in deference to the fundamental concepts prescribed in Article 1-2, and cooperate with the State and local governments in implementing policy measures concerning management and control of forests.
[This Article Added on Mar. 11, 2014]
 Article 3 (Scope of Application)
Under this Act, all or some of the following provisions shall also apply to lands that are not forests: <Amended on Jun. 9, 2009; Oct. 31, 2017; Feb. 18, 2020>
1. Provisions concerning forests for seed collection, plus trees (superior trees), and experimental forests;
2. Provisions concerning the restriction on the use of forest products;
3. Provisions concerning permission for cutting or extracting standing timber: Provided, That the aforesaid shall be limited to standing timber on the lands determined by Presidential Decree, which is designated and publicly notified by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) as necessary to preserve the national land and protect standing timber.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 4 (Classification of Forests)
Forests shall be classified according to their ownership as follows:
1. National forests: Forests owned by the State;
2. Public forests: Forests owned by local governments or other public organizations;
3. Private forests: Other forests not included in subparagraphs 1 and 2.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 5 (Administrative Authorities in Charge of Respective Forests)
Administrative authorities in charge of respective forests shall be as follows: <Amended on Jun. 1, 2012>
1. National forests under the jurisdiction of the Korea Forest Service: The Minister of the Korea Forest Service or the head of an institution affiliated with the Korea Forest Service;
2. Other national forests, public forests and private forests not included in subparagraph 1: Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors or Special Self-Governing Province Governor, (hereinafter referred to as "Mayors/Do Governors"), or the heads of Sis/Guns/Gus, who have jurisdiction over the area in which forests are located.
[This Article Wholly Amended on Dec. 21, 2007]
CHAPTER II CREATION AND DEVELOPMENT OF FOREST RESOURCES
Section 1 Sustainable Forest Management
 Article 6 (Sustainable Forest Management)
Owners of forests shall endeavor to manage forests in compliance with the evaluation standards for sustainable forest management and the evaluation index thereof under Article 13 of the Framework Act on Forestry.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 6-2 (Formulation and Implementation of Afforestation Plans)
(1) The Minister of the Korea Forest Service shall formulate and implement an afforestation plan every 10 years in consultation with the heads of relevant central administrative agencies.
(2) The afforestation plan shall include the following:
1. Basic goals and direction for the afforestation plan;
2. Matters concerning the performance in, and prospects for, afforestation;
3. Matters concerning afforestation plans for each year;
4. Other matters prescribed by Presidential Decree concerning the afforestation plan.
(3) The Minister of the Korea Forest Service may modify the afforestation plan if necessary considering the performance in the implementation of the afforestation plan, changes in social, economic, and regional conditions, etc.
(4) In order to use as basic data for formulating or modifying the afforestation plan, the Minister of the Korea Forest Service shall conduct a fact-fining survey on afforestation, etc. and shall maintain and manage the current status thereof.
(5) Matters necessary for the formulation, modification, etc. of the afforestation plan under paragraphs (1) and (3) shall be prescribed by Presidential Decree.
(6) The Minister of the Korea Forest Service shall endeavor to secure financial resources necessary for the implementation of the afforestation plan.
(7) Upon formulating or modifying the afforestation plan, the Minister of the Korea Forest Service shall notify the head of a relevant central administrative agency and the Mayor/Do Governor, and submit it to the competent standing committee of the National Assembly.
(8) Upon formulating or modifying the afforestation plan, the Minister of the Korea Forest Service shall publish it as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs.
(9) Where necessary for formulating or modifying the afforestation plan, the Minister of the Korea Forest Service may request the head of a relevant central administrative agency or Mayor/Do Governor to submit relevant data. In such cases, the head of the relevant central administrative agency or the Mayor/Do Governor in receipt of the request for data shall comply therewith, unless there is good cause.
[This Article Added on Jun. 10, 2022]
 Article 7 (Development of Forest Sustainability Index)
(1) The State may, as prescribed by Presidential Decree, develop and announce the forest sustainability index which indicates the degree of sustainability of forests, in consideration of ecological, physical, social and economic factors affecting forests.
(2) The State and local governments shall formulate and implement the plans to maintain and improve the forest sustainability index according to the kinds and distinctive features of individual forests and, where deemed that the forest sustainability index falls or is likely to fall noticeably, they shall devise the measures to recover the sustainability of forests.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 7-2 (Forest Certification)
The Minister of the Korea Forest Service shall formulate and implement policies for a certification system relating to forest management and the production and distribution of forest products in order to promote sustainable forest management and expand the use of forest products produced from sustainably managed forests and processed goods from such forest products.
[This Article Added on Oct. 31, 2017]
 Article 8 (Classification and Management of Forests by Function)
(1) The Minister of the Korea Forest Service shall classify nationwide forests according to the following functions, in consultation with the heads of the relevant central administrative agencies, in consideration of the locations, geographical conditions, direction-setting for use, socio-economic conditions, etc. of such forests to promote the effective creation and development of forest resources at the national level, and prepare a drawing (hereinafter referred to as "functional classification map") based upon the functions thereof: <Amended on Mar. 11, 2014>
1. Development of water sources;
2. Prevention of forest mishaps;
3. Preservation of the natural environment;
4. Supply of wood;
5. Forest recreation;
6. Preservation of a human habitat.
(2) The Minister of the Korea Forest Service shall post a draft functional classification map on the website for at least 14 days, and hear from the heads of local governments, forest owners, etc., to classify the functions of forests. <Added on Mar. 11, 2014>
(3) The State, local governments, and forest owners shall endeavor to manage and control forests they possess appropriately for the functions classified under paragraph (1). <Added on Mar. 11, 2014>
(4) Detailed matters regarding classification and management of forests based on functions thereof, manner in which and how often the functional classification map should be prepared, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 11, 2014>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 8-2 (Preparation of Forest Type Map)
(1) The Minister of the Korea Forest Service shall prepare a drawing (hereinafter referred to as "forest type map") comprehensively indicating the status of forests, such as the type, diameter, age, etc. of timber in nationwide forests, for effectively managing and controlling the forests.
(2) The Minister of the Korea Forest Service may request data necessary for preparing the forest type map from the heads of the relevant central administrative agencies or local governments. Upon receipt of such request, the heads of the relevant central administrative agencies or local governments shall comply therewith except in extenuating circumstances.
(3) The method of, and timing for preparing the forest type map, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs.
[This Article Added on Mar. 11, 2014]
 Article 9 (Establishment of Infrastructure for Forest Management)
(1) Where deemed necessary to establish the production infrastructure of forests and promote the public utility of forests, the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may install facilities necessary to maintain and protect the functions of forests (hereinafter referred to as "forest management infrastructure"), such as forest roads, facilities for preventing and suppressing forest fires, with the consent of forest owners. <Amended on Jun. 1, 2012>
(2) Where the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus intend to establish forest management infrastructure, they shall assess the propriety of establishment of such infrastructure in comprehensively considering the necessity, suitability, environmental friendliness, etc. of the relevant infrastructure, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(3) If necessary to effectively perform the assessment under paragraph (2), the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may organize an assessment committee, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(4) In establishing forest management infrastructure, the Minister of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall design the forest management infrastructure in compliance with the standards prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs and install it according to such design. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(5) The scope of forest management infrastructure, procedures for their establishment, management methods, and other necessary matters shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 10 (Reforestation of Deforested Areas)
(1) Any person who has exploited a forest or damaged an afforested area shall reforest the exploited or damaged area: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as where a forest can be created naturally.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order of afforestation to any of the following persons, within a prescribed period: <Amended on Oct. 31, 2017>
1. A person who has exploited a forest or damaged an afforested area, but fails to perform reforestation under paragraph (1);
2. An owner of a forest in which standing timber is blighted due to a forest fire, fungi, harmful insects, etc.;
3. An owner of a forest in which a forest incident, such as a landslide, or soil runoff has occurred or is likely to occur.
(3) Where a person in receipt of an order of afforestation under paragraph (2) fails to comply with the order, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may implement such afforestation without consent of the forest owner. In such cases, the expenses incurred in relation to such afforestation shall be borne by the person in receipt of the order of afforestation pursuant to paragraph (2). <Amended on Oct. 31, 2017>
(4) The period for completing afforestation under paragraph (1), the methods for afforestation, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 11 (Support for Cultivation of Forests)
The State and local governments may provide a subsidy to help forest owners to cover the costs for tending their forests at an opportune time according to growth stages of trees.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 12 (Conversion of Idle Land into Forest)
(1) The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may provide a subsidy to help the person who intends to convert idle land into a forest to cover all or part of the associated costs where such conversion is deemed reasonable in light of its use, geographical conditions, etc. <Amended on Jun. 1, 2012>
(2) The State and local governments may provide seedlings, fertilizers, etc. to persons who wish to plant trees if necessary to motivate citizens for afforestation.
(3) The scope of idle lands, the methods of subsidization under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Section 2 Forest Management Plans
 Article 13 (Formulation and Authorization of Forest Management Plans)
(1) The head of a local government shall formulate a forest management plan every 10 years for each public forest owned by the local government and shall manage the public forests according to such plans, as prescribed by Presidential Decree.
(2) The owners of public or private forests (including any persons duly authorized to use such forests or gain profits therefrom; hereinafter the same shall apply), other than the heads of local governments, may formulate a forest management plan, including the management plans for the following 10 years, and submit such plan to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu for authorization, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(3) Forest management plans referred to in paragraph (2) shall be prepared by the forest owners, or by a forest technician prescribed by Presidential Decree among those provided for in Article 8 of the Act on Promotion and Management of Forestry Technology. In such cases, the forest technician may prepare a forest management plan and receive payment therefor within the limits prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 28, 2017>
(4) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a forest management plan submitted for authorization pursuant to paragraph (2) is proper for efficiently creating and managing the relevant forest, he or she shall grant authorization, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. In such case, a forest management plan for a forest classified as having the function of conserving the natural environment under Article 8 (1) 3 shall include details suitable for the sustainable conservation of the forest. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(5) When a forest owner intends to amend any important matters prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs which are included in the forest management plans authorized under paragraph (4), the forest owner shall obtain authorization for such amendment, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) The State or local governments may provide a subsidy or guidance on the management of forests, or accord preferential treatment, in terms of taxation and interest rates, to forest owners whose forest management plans are authorized.
(7) Standards for formulating forest management plans under paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 14 (Implementation of Forest Management Plans)
(1) A forest owner who has obtained authorization for his or her forest management plan under Article 13 (4) shall implement the forest management plan.
(2) Where a forest, the management plan of which is authorized, does not exceed the scale prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs, or otherwise it is deemed necessary to efficiently manage such forest, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may encourage the forest owner to allow a forest-specialized organization, such as a forestry cooperative established under the Forestry Cooperatives Act, to manage the forest on behalf of him or her (hereinafter referred to as "management by proxy"), and give priority to subsidizing expenses incurred in relation to the forest managed by proxy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(3) A forest owner or a person who manages a forest by proxy pursuant to paragraph (2) shall report in advance to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu on felling standing timber, etc. under Article 36 which can occur in implementing the forest management plan, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. In such cases, the forest owner shall be deemed to have obtained permission for, or deemed to have reported on felling standing timber, etc. under Article 36. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within five days after receipt of the report filed under the former part of paragraph (3). <Added on Oct. 31, 2017>
(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (4), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 15 (Revocation of Authorization for Forest Management Plans)
Where a person who has obtained authorization for a forest management plan in accordance with Article 13 (4) falls under any of the following circumstances, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke such authorization or suspend the forest project performed pursuant to the forest management plan: Provided, That the authorization shall be revoked in the case of falling under subparagraph 1: <Amended on Oct. 31, 2017>
1. Where the person has obtained authorization by fraud or other improper means;
2. Where the relevant forest owner has failed to perform the forest project as set forth in the authorized forest management plan without just cause: Provided, That the same shall not apply where the forest project is performed by proxy pursuant to Article 23 (2);
3. Where the outcome of implementation of the forest project pursuant to the forest management plan has failed to fulfill the standards prescribed by Presidential Decree: Provided, That the same shall not apply where the forest project is not implemented due to any forest disaster such as forest fires, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Section 3 Growing of Seeds and Seedlings for Forest
 Article 16 (Registration of Seeds and Seedlings Growers)
(1) Any person who intends to grow forest seeds and forest seedlings designated and publicly notified by the Minister of the Korea Forest Service for sale shall be registered with the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon meeting the requirements prescribed by Presidential Decree. The same shall also apply where he or she intends to alter any important matters determined by Presidential Decree among the registered matters. <Amended on Jun. 1, 2012; Mar. 11, 2014; Oct. 31, 2017>
(2) Any person registered pursuant to paragraph (1) (hereinafter referred to as "seeds and seedlings grower") shall place a quality mark, such as the origin and standards, on seeds and seedlings for forests he or she has grown before shipping, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Where a seeds and seedlings grower falls under any of the following circumstances, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the registration of his or her business, or suspend his or her business for a period not exceeding two years: Provided, That he or she must revoke the registration of the seeds and seedlings grower if the seeds and seedlings grower falls under subparagraph 1 or 2: <Amended on Mar. 11, 2014; Oct. 31, 2017; Jan. 8, 2019>
1. Where his or her business is registered by fraud or other improper means;
2. Where he or she has conducted the seeds and seedling growing business during the period of business suspension;
3. Where he or she fails to commence the business within one year from the date of registration, or has suspended his or her business for at least one year consecutively without just cause;
4. Where he or she fails to meet the standards for registration referred to in paragraph (1);
5. Where he or she fails to place a quality mark, in violation of paragraph (2);
6. Where he or she fails to comply with an order to halt shipment or to take measures, such as disinfection or discard, issued under Article 67 (3).
(4) A person for whom three years have not passed since his or her registration was revoked under paragraph (3) shall not apply for registration under paragraph (1).
(5) Detailed standards for administrative measures referred to in paragraph (3) shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs, depending on the type, severity, etc. of each offense. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 16-2 (Imposition of Penalty Surcharges)
(1) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order the suspension of business under Article 16 (3), he/she may impose a penalty surcharge not exceeding 50 million won in lieu of suspension of business.
(2) When a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect the penalty surcharge pursuant to the Act on the Collection of Local Administrative Penalty Charges.
(3) The amount of penalty surcharges according to the details, etc. of the offense for which a penalty surcharge is imposed pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on Dec. 27, 2022]
 Article 17 (Vicarious Execution of Seeds and Seedlings Growing Business)
(1) The State or a local government may have the persons meeting the qualification standards prescribed by Presidential Decree, from among seeds and seedling producers, carry on seeds and seedling growing businesses by proxy.
(2) The State or a local government may compensate the person carrying on a seeds and seedling growing business by proxy under paragraph (1) for any loss incurred due to natural disasters such as drought, flood, etc., under the conditions as prescribed by Presidential Decree. <Amended on Feb. 18, 2020>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 18 (Development and Registration of Forest Seeds)
(1) A person who has bred new forest seeds shall apply for plant variety protection with the Minister of the Korea Forest Service for examination of the relevant plant variety, and register the establishment of his or her plant variety right (hereinafter referred to as "registration of plant variety"): Provided, That any plant variety bred by a public official in the course of performing his or her duties shall be registered in the name of the head of the agency with which the public official is affiliated. <Amended on Feb. 29, 2008; Jun. 1, 2012>
(2) Upon receiving an application for plant variety protection under paragraph (1), the Minister of the Korea Forest Service shall publish such application for plant variety protection for at least 30 days, and shall publicly announce the registration of plant variety once such plant variety is registered. <Amended on Jun. 1, 2012>
(3) Deleted. <Jun. 1, 2012>
(4) Deleted. <Jun. 1, 2012>
(5) Deleted. <Jun. 1, 2012>
(6) Procedures for filing an application for plant variety protection, and plant variety registration, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 19 (Designation and Management of Forests for Seed Collection)
(1) The Minister of the Korea Forest Service, or a Mayor/Do Governor may designate forests or trees appropriate for collecting superior seeds for afforestation from among the national or public forests under his or her jurisdiction, as forests for seed collection or plus trees (hereinafter referred to as "forests for seed collection, etc.") for protection and management; and create arboretums for seed collection or for collecting genes necessary for vegetative reproduction, such as felling and grafting, to supply seeds necessary for creating forest resources.
(2) A Mayor/Do Governor may designate private forests or trees appropriate for collecting superior seeds for afforestation as forests for seed collection, etc. for protection and management upon the application of the owners thereof.
(3) The Minister of the Korea Forest Service, or a Mayor/Do Governor may wholly or partially rescind designation of a forest for seed collection, etc. in any of the following circumstances:
1. Where the objective of designation has been achieved and it is deemed unnecessary to maintain it as a forest for seed collection, etc.;
2. Where the objective of designation is deemed to be unachievable due to any damage caused by a natural disaster, etc.;
3. Where the rescission of designation is deemed inevitable to use it as a site for an educational facility, industrial facility, military facility, or other official or public facilities determined by Presidential Decree.
(4) Upon designating or rescinding designation of a forest for seed collection, etc. pursuant to paragraphs (1) through (3), the Minister of the Korea Forest Service, or a Mayor/Do Governor shall publicly notify such designation or rescission and inform the forest owner thereof.
(5) The following activities are prohibited within forests for seed collection, etc.: Provided, That felling timber for forest tending, and extracting and gathering forest products may be done after reporting thereon to the Minister of the Korea Forest Service, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu to the extent not contrary to the objectives of designation of the forests for seed collection, etc., as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020>
1. Felling standing timber and bamboo;
2. Extracting and gathering forest products;
3. Grazing livestock;
4. Other activities that alter the form and quality of land.
(6) The Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report filed under the proviso of paragraph (5). <Added on Oct. 31, 2017>
(7) Where the Minister of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (6), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>
(8) The designation and management of forests for seed collection, etc., and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
[This Article Wholly Amended on Dec. 21, 2007]
Section 4 Deleted.
 Article 19-2 Deleted. <Jun. 9, 2020>
 Article 20 Deleted. <Jun. 9, 2020>
 Article 20-2 Deleted. <Jun. 9, 2020>
 Article 21 Deleted. <Jun. 9, 2020>
Section 5 Implementation of Forest Projects
 Article 22 (Implementation of Forest Projects)
(1) Forest projects shall be implemented by forest owners, but they may be implemented by the State or a local government with the consent of the forest owners if it is deemed necessary for the forest management: Provided, That if it is deemed necessary to urgently implement forestry projects, such as the removal of damaged standing trees due to the high risk of safety accidents, such as landslides caused by forest fires, and the State or a local government contacted the forest owner with personal information under paragraph (2) but could not obtain the consent of a forest owner due to the circumstances such as the unknown address of the forest owner or the return of mail, etc., the consent of the forest owner may be substituted by giving a public announcement on the details of forestry projects, such as a plan for felling damaged trees, etc. for at least 30 days on the bulletin board and the website of the Special Self-Governing City, a Special Self-Governing Province, or Si/Gun/Gu. <Amended on Mar. 11, 2014; Jun. 20, 2023>
(2) The State or local governments may use the personal information of forest owners falling under any of the following subparagraphs, which is collected and held for the purpose of taxation, etc., if it is inevitable to obtain the consent of forest owners under paragraph (1). In such cases, the State or local governments may use administrative information data matching pursuant to Article 36 (1) of the Electronic Government Act: <Added on Mar. 11, 2014, Jun. 20, 2023>
1. Name (in cases of a corporation, referring to the trade name, title, or the name of the representative; hereinafter the same shall apply);
2. Address (including place of domicile);
3. Phone numbers (including mobile phone numbers);
4. A resident registration number (referring to the registration number granted pursuant to Article 49 of the Registration of Real Estate Act in the case of a foreigner, corporation, or unincorporated association or foundation; hereinafter the same shall apply); provided, the foregoing shall not be used if it is possible to obtain the consent of the forest owners using personal information specified in subparagraphs 1 through 3.
(3) Upon receipt of a request necessary for using personal information under paragraph (2), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances. <Added on Oct. 31, 2017; Feb. 18, 2020>
(4) Where the State or a local government intends to implement forestry projects to prevent secondary damage caused by forest fires, landslides, etc. and is unable to obtain the consent of the forest owners by using the personal information referred to in each subparagraph of paragraph (2), it may request the telephone number of the relevant forest owner (including mobile phone numbers) to the facilities-based telecommunications business operator referred to in Article 6 of the Telecommunications Business Act (hereafter referred to as "facilities-based telecommunications business operator" in this Article) as prescribed by Presidential Decree. In such cases, a facilities-based telecommunications business operator who has been requested to provide information shall comply therewith, except in extenuating circumstances. <Added on Jun. 20, 2023>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 23 (Implementation of Forest Projects by Agents)
(1) The State or local governments may require a forestry cooperative or the National Forestry Cooperative Federation to perform the following forest projects as an agent or entrust it with such projects: <Amended on Jan. 25, 2010; Nov. 28, 2017>
1. A project to prevent and control, or restore from a mishap, such as forest fungi or harmful insects, landslide, and forest fire;
2. A project that requires design or supervision prescribed in Article 15 (3) of the Act on Promotion and Management of Forestry Technology to create, cultivate, and manage forest resources;
3. Other projects prescribed by Presidential Decree, necessary to implement forest policies of the State or local governments.
(2) When a person who has obtained authorization for his or her forest management plan under Article 13 (4) fails to implement the forest project as authorized, without just cause, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may require any of the following persons to implement the forest project as an agent, with consent from the relevant forest owner: Provided, That where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects by an agent, the agent, and other information on the bulletin board and website of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days, in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>
1. A forestry cooperative or the National Forestry Cooperative Federation;
2. Any person who meets the standards prescribed by Presidential Decree and is deemed capable of managing forests, such as a successor to forestry or a model manager of forests (an exemplary forest manager) under Article 17 of the Forestry and Mountain Villages Development Promotion Act.
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may directly implement necessary forest projects or require any of the persons referred to in paragraph (2) to implement such forest projects as an agent with consent from the owner of a forest, the management plan of which is not authorized under Article 13 (4), or which significantly lacks public utility, in terms of purifying air or developing water sources, etc. because such owner has been negligent in implementing necessary forest projects, and which requires a forest project for sustainably conserving and utilizing the forest: Provided, That where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects as an agent, the agent, and other information on the bulletin board and web-site of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may implement a forest project without consent from the relevant forest owner when he or she has no enough time to obtain consent from the relevant forest owner for any of the following reasons. In such case, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant forest owner of such fact, without delay: <Amended on Jun. 1, 2012; Oct. 31, 2017; Feb. 18, 2020; Jun. 20, 2023>
1. Where the forest project is urgently required for disease and pest control, etc.;
2. Where preventable damage is anticipated due to natural phenomena, such as landslide, wind, rain, snow, etc. or urgent recovery is to be performed as damage has occurred;
3. Where it is necessary to extinguish forest fires and prevent the spread of forest fires, or where it is urgently necessary to conduct forestry projects because secondary damage, such as landslides is likely to occur in the areas damaged by forest fires;
4. In other cases where there is an urgent need to protect forests, as determined by Presidential Decree.
(5) Expenses incurred in implementing forest projects referred to in paragraphs (2) and (3) shall be borne by the relevant forest owner, and those incurred in implementing forest projects referred to in paragraph (4) by the State or the relevant local government.
(6) Procedures for implementing forest projects directly or as agent under paragraphs (2) through (4), and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 23-2 (Operation of National Forest Management Associations)
(1) To efficiently promote projects for national forests, the Minister of the Korea Forest Service may allow forestry technicians referred to in Article 18 of the Forestry and Mountain Villages Development Promotion Act to organize a national forest management association and perform any of the following projects: <Amended on Mar. 11, 2014; Jan. 8, 2019>
1. A forestation project;
2. A forest-tending project;
3. A project to prevent forest diseases and pests;
4. A project to produce seedling for forests;
5. A project to cut, uproot, or transplant standing trees.
(2) The Minister of the Korea Forest Service may require a national forest management association to perform the projects referred to in paragraph (1) 1, 2 and 5 as an agent, or may entrust it with such projects.
(3) A person who intends to organize a national forest management association shall meet the requirements for registration prescribed by Presidential Decree, such as requirements for human sources, and file an application for registration with the Minister of the Korea Forest Service. The same shall also apply to modifications to the registered matters.
(4) Where a person who applies for registration pursuant to paragraph (3) meets the requirements for registration, the Minister of the Korea Forest Service shall register him or her as a national forest management association, and issue a certificate of registration to the person, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. In such case, the national forest management association shall not lend its certificate of registration to any third person. <Amended on Mar. 23, 2013>
(5) Where a national forest management association falls under any of the following cases, the Minister of the Korea Forest Service may order such association to suspend its business operation within a specified period not exceeding six months, or revoke the registration thereof: Provided, That where it falls under subparagraphs 1 through 3, he or she shall revoke registration:
1. Where it completes registration, or registration of modification by fraud or other improper means;
2. Where it implements forest projects during the period of business suspension or is issued with an order of business suspension on at least three occasions;
3. Where it lends its certificate to a third person, in violation of the latter part of paragraph (4);
4. Where it disorganizes the national forest management association;
5. Where it fails to meet any of the requirements for registration referred to in the former part of paragraph (3).
(6) Any person for whom three years have not passed since his or her registration was revoked on any of the grounds provided for in paragraph (5) 1 through 3 shall be ineligible for registration pursuant to paragraph (3). <Amended on Feb. 18, 2020>
(7) The organization, registration, registration of modification, revocation of registration, and suspension of business of national forest management associations, and other necessary matters shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>
[This Article Added on Jun. 1, 2012]
 Article 23-3 (Support and Fostering of National Forest Management Associations)
The Minister of the Korea Forest Service shall formulate and implement a policy for the sound fostering of national forest management associations pursuant to Article 23-2, and may partially subsidize the operation thereof, within budgetary limits.
[This Article Added on Jun. 1, 2012]
 Article 23-4 (Management of Forest Projects by Proxy)
(1) In order to efficiently implement forestry projects in public forests or private forests, which are prescribed by prescribed by Presidential Decree, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate an agency or organization prescribed by Presidential Decree, such as a forestry cooperative, to have it conduct management affairs by proxy such as obtaining consents and having consultations with forest owners for the implementation of forestry projects (hereinafter referred to as "proxy management").
(2) Where a person who conducts the management affairs of forestry projects by proxy pursuant to paragraph (1) (hereinafter referred to as "management agent") falls in any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation thereof or issue an order to fully or partially suspend the management affairs performed by proxy for a specified period not exceeding 6 months: Provided, That in cases of subparagraph 1, he/she shall revoke the designation thereof:
1. Where he/she has been designated as a management agent by fraud or other improper means;
2. Where he/she fails to comply with the guidance and supervision of the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under paragraph (3);
3. Where he/she fails to submit a report or materials or falsely submits them, or interferes with or refuses an investigation or inspection under Article 67 (1);
4. Where he/she makes a request falsely or by other unlawful means, by significantly increasing the expenses necessary for performing the management affairs by proxy (hereafter referred to as "fees" in this Article);
5. Cases equivalent to those referred to in subparagraphs 2 through 4, which are prescribed by Presidential Decree.
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall guide and supervise the management agent.
(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu commissions him/her to perform management affairs by proxy pursuant to paragraph (1), he/she shall pay fees prescribed by the municipal ordinance of the relevant local government to the management agent within the scope prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs.
(5) Matters necessary for the criteria for qualification of management agents under paragraph (1), procedures for designation, scope of duties, payment of fees under paragraph (4) and others shall be prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs.
[This Article Added on Dec. 27, 2022]
 Article 24 (Registration of Forest Project Corporations)
(1) A person who intends to implement a forest project shall file an application for registration with the competent Mayor/Do Governor by each type of forest project prescribed by Presidential Decree, upon meeting all of the following requirements. Where he or she modifies important matters prescribed by Presidential Decree, from among the registered matters, he or she shall file an application to register such modification within the period prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs: <Amended on Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 11, 2014; Jan. 8, 2019>
1. A corporation incorporated under the Civil Act, a cooperative, or the federation of cooperatives defined in Article 2 of the Framework Act on Cooperatives;
2. Requirements prescribed by Presidential Decree, such as technological capability and capital.
(2) When an applicant for registration under paragraph (1) fully meets the requirements for registration, the competent Mayor/Do Governor shall register him or her as a corporation entitled to implement forest projects (hereinafter referred to as "forest project corporation"), and issue him or her a certificate of registration, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 29, 2011; Mar. 23, 2013>
(3) Upon having registered a forest project cooperation pursuant to paragraph (2), the competent Mayor/Do Governor shall publicly notify such registration. <Amended on Mar. 29, 2011>
(4) No forest project corporation shall lend its certificate of registration to any third person.
(5) Procedures for registering forest project corporations or any modification thereto, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) The Minister of the Korea Forest Service may formulate and implement policies necessary to foster forest project corporations registered pursuant to paragraph (2). <Added on Mar. 29, 2011>
(7) Notwithstanding paragraph (1), the following entities may implement forest projects without being registered as a forest project corporation: <Added on Mar. 11, 2014; Jan. 8, 2019>
1. The State or local governments;
2. Forest owners;
3. Forestry cooperatives or the National Forestry Cooperatives Federation;
4. National forest management associations established pursuant to Article 23-2;
5. A person prescribed by Presidential Decree among timber producers registered under Article 24 of the Act on the Sustainable Use of Timbers (limited to felling standing timber to produce timber, excluding felling standing timber for forest-tending and preventing forest diseases and pests);
6. A person who has a tree hospital registered under Article 21-9 of the Forest Protection Act (limited to where a project for preventing forest diseases and pests is conducted for trees).
[This Article Wholly Amended on Dec. 21, 2007]
 Article 24-2 (Principles of Contracts for Forest Projects)
(1) Each party to a contract for a forest project shall conclude a fair contract on equal terms by agreement and shall faithfully perform the contract in good faith.
(2) Each party to a contract for a forest project shall, when concluding the contract, indicate a contract amount, period of the project, and other matters prescribed by Presidential Decree in a written contract and shall give the written contract that he or she signed and sealed to the other party for keeping.
[This Article Added on May 26, 2020]
 Article 25 (Revocation of Registration of Forest Project Corporations)
(1) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may order the forest project corporation to make a correction within a prescribed period: <Amended on Jan. 25, 2010; Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Feb. 18, 2020>
1. Where it fails to commence any ordered forest project without good cause pursuant to the schedule of project progress;
2. Where there is concern over the improper implementation of construction works due to its failure to implement the relevant forest project conscientiously, based on the result of confirmation by the ordering organization;
2-2. Where it fails to file an application for registration of any modification to important matters pursuant to the latter part, with the exception of the subparagraphs, of Article 24 (1) within the period prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs;
3. Where it fails to file a report, submit materials, or refuses an investigation or inspection, in violation of Article 67 (1).
(2) If a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may suspend its business operation for a period not exceeding six months, or impose a penalty surcharge not exceeding 50 million won, in lieu of suspension of business: <Amended on Mar. 29, 2011>
1. Where it fails to satisfy any of the requirements for registration under Article 24 (1);
2. Where it fails to comply with a corrective order issued under paragraph (1).
(3) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor shall revoke its registration and publicly notify the fact: Provided, That in the case of subparagraphs, when a forest project for which procedures for disposition is pending on any of the grounds prescribed in subparagraphs 1 through 3 discontinues its business before the procedures for disposition are completed, he or she shall not revoke its registration until such procedures for disposition are completed: <Amended on Mar. 29, 2011; Jun. 1, 2012>
1. Where it is registered by fraud or other improper means;
2. Where it lends its certificate of registration to any third person, in violation of Article 24 (4);
3. Where it implements a forest project during a period of business suspension, or is subject to business suspension on at least three occasions;
4. Where it discontinues its business.
(4) Any corporation for which three years have yet to elapse after its registration is revoked on any ground prescribed in paragraph (3) 1 through 3 shall be ineligible for registration pursuant to Article 24 (1).
(5) Where a person on whom a penalty surcharge is imposed under paragraph (2) fails to pay it by the payment due date, the relevant Mayor/Do Governor shall collect it in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Feb. 18, 2020; Mar. 24, 2020>
(6) Detailed standards for administrative measures referred to in paragraphs (1) through (3) shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offenses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 26 (Execution of Forest Projects after Receiving Disposition of Business Suspension)
(1) A forest project corporation may, even after receiving a disposition of business suspension or registration revocation pursuant to Article 25 (2) and (3), continue to implement a forest project contracted before such disposition is taken.
(2) Where the Mayor/Do Governor issues a disposition of business suspension or registration revocation pursuant to Article 25 (2) and (3), he or she shall post the details thereof on its Internet website, etc. and notify a person who placed the order for the forest project, without delay, of such details. <Amended on Jan. 25, 2010; Mar. 29, 2011>
(3) The person who placed the order for the forest project may rescind the contract only within 30 days from the day on which he or she receives notification under paragraph (2) from the forest project corporation or from the day on which he or she becomes aware of the disposition of business suspension or registration revocation against the corporation.
(4) Where a forest project corporation whose registration is revoked continues to implement a forest project pursuant to paragraph (1), it shall be deemed a forest project corporation until the forest project is completed.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 27 Deleted. <Nov. 28, 2017>
 Article 28 (Designation of Special Forest Project Zones)
(1) A forest owner who intends to perform a long-term project for developing and cultivating a forest on a large scale (hereinafter referred to as "special forest project operator") may prepare a plan to manage a special forest project zone (hereinafter referred to as "special forest project plan"), and file an application with the Minister of the Korea Forest Service or the competent Mayor/Do Governor, for designation of the relevant area as a special forest project zone. <Amended on Jun. 1, 2012>
(2) Where the following applies to the forest for which an application is filed pursuant to paragraph (1), and the details of the special forest project plan are deemed proper, the Minister of the Korea Forest Service or the competent Mayor/Do Governor may designate the relevant area as a special forest project zone following consultation with the Minister of Environment: <Amended on Jun. 1, 2012>
1. The area of the forest shall be at least the scale determined by Presidential Decree;
2. The area of the land planned for the forest project, and the land available for forest management shall meet the standards determined by Presidential Decree.
(3) When the Minister of the Korea Forest Service or a Mayor/Do Governor designates an area as a special forest project zone pursuant to paragraph (2), he or she shall publicly notify the location of the relevant forest, the name of the forest owner, and other matters prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs and inform the relevant forest owner thereof. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(4) If a special forest project operator deems it necessary to promote efficiency in managing the relevant special forest project zone, he or she may operate his or her forest project simultaneously with any of the following: <Amended on Jan. 8, 2019>
1. Projects to create a nature recreational forest or an arboretum;
2. Youth training projects;
3. Projects for testing, research, development, and dissemination of forestry technology;
4. Projects to develop a foundation for settling residents in farming and mountain village, or to create sources of their income from forests;
5. Projects to cultivate landscape trees and bonsai trees;
6. Projects to develop and manage woodland burial grounds defined in subparagraph 14 of Article 2 of the Act on Funeral Services.
(5) A forest management plan authorized under Article 13 (4), or a State forest management plan formulated under Article 8 of the State Forest Administration and Management Act regarding any forest designated as a special forest project zone shall become invalid on the date the special forest project zone is designated.
(6) When a special forest project operator intends to amend any content of his or her special forest project plan, he or she shall obtain approval therefor from the Minister of the Korea Forest Service or the competent Mayor/Do Governor. <Amended on Jun. 1, 2012>
(7) When a special forest project operator conducts a forest project pursuant to the special forest project plan within a special forest project zone designated under paragraph (2), he or she shall be deemed to have obtained permission for, or to have reported, on felling of standing timber, etc. under Article 36.
(8) Where a special forest project operator intends to conduct a forest project pursuant to the special forest project plan, the Minister of the Korea Forest Service or a Mayor/Do Governor may provide a loan or subsidy to cover all or part of the project expenses. <Amended on Jun. 1, 2012>
(9) Standards for preparing special forest project plans, and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 29 (Rescission of Designation as Special Forest Project Zones)
(1) The Minister of the Korea Forest Service or Mayor/Do Governor may wholly or partially rescind designation of a special forest project zone if it falls under any one of the following cases: Provided, That in cases falling under subparagraph 1, the designation shall be rescinded: <Amended on Jun. 1, 2012>
1. Where the special forest project operator has obtained the designation of the special forest project zone by fraud or other improper means;
2. Where the objective of designation of the special forest project zone has been achieved, or it has become unachievable due to any natural disaster, etc.;
3. Where the rescission of the designation is deemed inevitable to use it as a site for industrial facilities, military facilities or any other official or public facilities determined by Presidential Decree;
4. Where the special forest project operator has failed to implement the forest project as specified in the special forest project plan without good cause.
(2) When the designation of the special forest project zone is rescinded pursuant to paragraph (1), such fact shall be publicly notified and informed to the relevant forest owner.
[This Article Wholly Amended on Dec. 21, 2007]
Section 6 Forest Management Technicians
 Article 30 Deleted. <Nov. 28, 2017>
 Article 31 (Forest Management Technicians)
(1) The Minister of the Korea Forest Service may assign forest management technicians to any forestry cooperatives or the National Forestry Cooperatives Federation, upon request by the president of the National Forestry Cooperative Federation, as prescribed by Presidential Decree, to vitalize the management of private forests, and to give guidance about and disseminate technologies related to forests and forest products. <Amended on Dec. 2, 2016>
(2) The forest management technicians referred to in paragraph (1) shall perform such duties as giving guidance about forest management to private forest owners and research, study, guidance and dissemination of technologies related to forests and forest products. <Amended on Dec. 2, 2016>
(3) The Minister of the Korea Forest Service may provide a financial support to fully or partially cover the costs required for assigning the forest management technicians under paragraph (1).
(4) Qualification requirements for forest management technicians shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Section 7 Surveys of Forest Resources and Technology Development
 Article 32 (Surveys of Forest Resources)
(1) The Minister of the Korea Forest Service shall survey forest resources on a regular basis, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 11, 2014>
(2) The Minister of the Korea Forest Service shall publish the results of the surveys conducted under paragraph (1).
(3) A person who conducts a survey under paragraph (1) may enter a third person's forest or land, if necessary for such survey. In such cases, the person who intends to enter a third person's forest or land shall carry a certificate indicating his or her authority and produce it to the owner or occupant of the relevant forest or land. <Amended on Mar. 11, 2014>
(4) A person who intends to enter a third person's forest or land pursuant to paragraph (3) shall notify the owner or occupant of such forest or land of his or her intention within three days prior to his or her entry. <Added on Mar. 11, 2014>
(5) The Minister of the Korea Forest Service install necessary signs within a forest with the consent of the relevant forest owner or occupant, if necessary to enhance the accuracy and efficiency of the survey conducted under paragraph (1). <Amended on Mar. 11, 2014>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 33 (Building Databases on Forest Resources)
(1) The Minister of the Korea Forest Service may build and operate a forest resource information system to efficiently utilize the survey data on forest resources under Article 32 and other data necessary for managing forests.
(2) The Minister of the Korea Forest Service may request the heads of related central administrative agencies, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions, or government-invested institution to submit data necessary to build the forest resource information system under paragraph (1). In such cases, the heads of the agencies so requested shall comply therewith except in extenuating circumstances.
(3) Matters to be managed by the forest resource information system under paragraph (1), procedures for administration thereof, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 33-2 (Establishment and Operation of Forest Satellite Observation Network)
(1) The head of the Korea Forest Service may establish and operate a forest satellite observation network and collect and utilize observed information for efficiently managing forest resources, for preventing, controlling, and restoring from, forest fires, landslides, and forest pests, and for identifying the impacts on forests caused by climate change.
(2) Matters necessary for the establishment and operation of a forest satellite observation network and the collection and utilization of information under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Dec. 27, 2022]
 Article 34 (Formulation of Master Plans for Forest Science and Technology)
(1) The Minister of the Korea Forest Service shall formulate and implement a master plan every 10 years for forest science and technology, as prescribed by Presidential Decree, to promote the research and development of forest science and technology related to creating, developing, and utilizing forest resources; promoting public utility of forest resources; etc.
(2) The Minister of the Korea Forest Service shall manage and evaluate research and development projects for forest science and technology and utilize outcomes of the projects according to the relevant master plan for forest science and technology formulated under paragraph (1). <Added on Dec. 2, 2016>
(3) The Minister of the Korea Forest Service may permit national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to jointly conduct the research and development of forest science and technology referred to in paragraph (1). <Amended on Dec. 2, 2016; Oct. 31, 2017>
(4) The Minister of the Korea Forest Service may grant a contribution or subsidy to national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to use it for conducting joint research referred to in paragraph (3). <Amended on Jan. 25, 2010; Dec. 2, 2016; Oct. 31, 2017>
(5) Joint research projects referred to in paragraph (3), and other matters necessary for conducting such joint research projects shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016>
(6) The Minister of the Korea Forest Service may authorize the Korea Forestry Promotion Institute established under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute") to perform, on its behalf, duties to manage, evaluate, and utilize the outcomes, of the research and development projects for forest science and technology referred to in paragraph (2), where deemed necessary to efficiently implement such research and development projects for forest science and technology. <Added on Dec. 2, 2016>
(7) Any person who performs duties on behalf of the Korea Forest Service pursuant to paragraph (6) shall report results of performing the duties to the Minister of the Korea Forest Service each year, as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Added on Dec. 2, 2016>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 35 (Transfer of Research and Development Outcomes)
(1) Where an enterprise that has participated in joint research uses the outcomes from the joint research and development conducted by an affiliate research institute and the enterprise pursuant to Article 34 (3), the Minister of the Korea Forest Service may collect royalties from the enterprise or exempt such enterprise from royalties, as prescribed by Presidential Decree. <Amended on Dec. 2, 2016>
(2) The Minister of the Korea Forest Service may provide a monetary reward to public officials who have participated in the relevant research and development, as prescribed by Presidential Decree, within the limit of royalties collected under paragraph (1).
(3) Where a subordinate public official applies for a patent (including utility models; hereafter the same shall apply in this Article) on any technology researched and developed in connection with his or her duties, and if the use or industrialization of such technology is deemed to contribute to promoting public interests even before the registration of the patent, the Minister of the Korea Forest Service may allow a person who desires to use or industrialize the technology to do so prior to the registration of the patent, in consultation with the Commissioner of the Korean Intellectual Property Office.
[This Article Wholly Amended on Dec. 21, 2007]
Section 8 Dissemination and Management of Rose of Sharon
 Article 35-2 (Formulation and Implementation of Promotion Plans for Rose of Sharon)
(1) The Minister of the Korea Forest Service shall formulate and implement a promotion plan for Rose of Sharon every five years to systematically disseminate and manage Rose of Sharon with historical and cultural value.
(2) The promotion plan for Rose of Sharon shall include the following:
1. Basic objectives of, and direction-setting for, the dissemination and management of Rose of Sharon;
2. Status of, and plans for, the dissemination and management of Rose of Sharon;
3. Preservation, research, and development of varieties of Rose of Sharon;
4. Production infrastructure for Rose of Sharon;
5. Facilitation of the use of Rose of Sharon, such as developing products and contents related to Rose of Sharon;
6. Any other matters prescribed by Presidential Decree in relation to the dissemination and management of Rose of Sharon.
(3) To formulate or amend a promotion plan for Rose of Sharon, the Minister of the Korea Forest Service shall first hear from the heads of relevant central administrative agencies and the Mayors/Do Governors.
(4) Upon formulating or amending a promotion plan for Rose of Sharon, the Minister of the Korea Forest Service shall notify such plan to the heads of relevant central administrative agencies and the Mayors/Do Governors, who shall in turn notify such plan to the heads of Sis/Guns/Gus.
(5) Other matters necessary for the formulation, etc. of promotion plans for Rose of Sharon shall be determined and publicly notified by the Minister of the Korea Forest Service.
[This Article Added on Dec. 2, 2016]
 Article 35-3 (Formulation and Implementation of Annual Implementation Plans)
(1) The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan to execute the promotion plan for Rose of Sharon each year.
(2) A Mayor/Do Governor may formulate and implement an annual implementation plan for the dissemination and management of Rose of Sharon for his or her jurisdiction, according to the relevant promotion plan for Rose of Sharon.
(3) The Minister of the Korea Forest Service may fully or partially subsidize dissemination and management of Rose of Sharon, for any Mayor/Do Governor who formulates and implements an annual implementation plan for the dissemination and management of Rose of Sharon pursuant to paragraph (2).
(4) The method and procedures for formulating annual implementation plans under paragraphs (1) and (2), contents of the plans, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on Dec. 2, 2016]
 Article 35-4 (Fact-Finding Surveys on Rose of Sharon)
(1) To efficiently formulate and implement promotion plans for Rose of Sharon, the Minister of the Korea Forest Service may conduct a fact-finding survey on the status, etc. of the dissemination and management of Rose of Sharon.
(2) The Minister of the Korea Forest Service may require the heads of relevant central administrative agencies, heads of local governments, heads of public institutions, heads of relevant institutions or organizations, etc. to provide necessary data or information, where necessary for a fact-finding survey. The heads of relevant central administrative agencies, etc. so requested shall comply, except in extenuating circumstances.
(3) The scope and method of the fact-finding survey referred to in paragraph (1), and any other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on Dec. 2, 2016]
 Article 35-5 (Planting and Management of Roses of Sharon by State Agencies)
(1) The heads of State agencies, heads of local governments, heads of public institutions, and principals of all levels of schools shall endeavor to plant more Rose of Sharon in land under their jurisdiction and to manage the planed Rose of Sharon to enhance people's love for, and pride in, Rose of Sharon.
(2) When planting Rose of Sharon, the State and local governments shall preferentially plant the varieties or species of Rose of Sharon prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs.
[This Article Added on Dec. 2, 2016]
 Article 35-6 (Subsidization for Activities of Private Organizations)
To revitalize the dissemination, management, research, and development of Rose of Sharon, the State and local governments may provide a subsidy to any corporation or organization prescribed by Presidential Decree to help it to cover the expenses incurred in relation to its operation.
[This Article Added on Dec. 2, 2016]
CHAPTER III USE OF FOREST RESOURCES
 Article 36 (Permission and Reporting of Felling Standing Timber)
(1) Any person who intends to fell standing timber or to extract and gather forest products (excluding stones, earth, and sand defined in subparagraphs 4 and 5 of Article 2 of the Mountainous Districts Management Act; hereafter in this Article the same shall apply) (hereinafter referred to as "felling standing timber, etc."; hereinafter the same shall apply) within any forest (excluding forests for seed collection, etc. designated under Article 19 and forest protection zones designated under Article 7 of the Forest Protection Act; hereafter the same shall apply in this Article) shall obtain permission from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. This shall also apply where he or she intends to alter any important matters prescribed by Presidential Decree, among the permitted matters. <Amended on Feb. 29, 2008; Jun. 9, 2009; May 31, 2010; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall not grant permission to fell standing timber, etc. under paragraph (1) within the areas prescribed by Presidential Decree, in which forests need protection to preserve the national land and nature; to protect national heritage under Article 3 of the Framework Act on National Heritage and key facilities of the State; and to promote public interests: Provided, That the foregoing shall not apply to felling standing timber, etc. on the grounds prescribed by Presidential Decree, including prevention and control of diseases and pests. <Amended on Oct. 31, 2017; Feb. 18, 2020; May 16, 2023>
(3) Upon receipt of an application for permission to fell standing timber, etc. under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall grant permission, if deemed appropriate in consideration of the matters prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs, such as the purposes of such felling, and the appropriateness of felling relevant things. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office has obtained a permit under paragraph (3) and has cut down timbers by minimizing the possible hazard to the ecology, scenery, and risk of disasters, part of the proceeds expected on the premise of the sale of the standing trees left in the felling area may be provided as subsidies within the budget, as prescribed by Presidential Decree. <Added on Dec. 27, 2022>
(5) Notwithstanding paragraph (1) and the proviso of paragraph (2), a person who intends to fell standing timber, etc. on the grounds prescribed by Presidential Decree, such as removing trees damaged by fungi, harmful insects, a forest fire, or any other natural disaster, may do so after reporting such activity to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Dec. 27, 2022>
(6) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the applicant of whether the permit or report has been accepted within 30 days from the date of receipt, upon receipt of an application for permission under paragraph (1) and the proviso of paragraph (2) or upon receipt of a report filed under paragraph (5). In such cases, when he/she receives the result of the preliminary feasibility study under Article 36-4 (2), he/she shall notify the applicant of whether permission is granted, within 7 days from the date of receipt of the result. <Added by Presidential Decree, Oct. 31, 2017, Dec. 27, 2022>
(7) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service fails to notify the applicant of grant or denial of permission; of acceptance or rejection of a report; or an extension of the processing period permitted pursuant to statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (5), the permission or report shall be deemed granted or accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017; Dec. 27, 2022>
(8) Notwithstanding paragraph (1), the proviso of paragraph (2), and paragraph (4), felling standing timber, etc. prescribed by Presidential Decree, such as mowing, pruning, and thinning for growing young trees, may be performed without permission or reporting thereon. <Amended on Oct. 31, 2017; Dec. 27, 2022>
(9) Where permission is granted to fell standing timber, etc. or such felling is reported pursuant to paragraph (1), the proviso of paragraph (2), and paragraph (4), a report on the temporary use of a mountainous district shall be deemed filed under Article 15-2 of the Mountainous Districts Management Act in relation to opening a road for transporting forestry products and logging roads necessary for felling standing timber, etc. <Amended on May 31, 2010; Mar. 11, 2014; Oct. 31, 2017; Dec. 27, 2022>
(10) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall verify and inspect whether felling standing timber, etc. under paragraph (1), the proviso of paragraph (2), and paragraph (4) has been appropriately performed, as permitted or reported, and the road for transporting forestry products and logging roads opened under paragraph (8) have been appropriately restored. <Added on Mar. 11, 2014; Oct. 31, 2017; Dec. 27, 2022>
(11) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service may authorize any of the following entities to conduct inspections and verifications under paragraph (9) on his or her behalf: <Added on Mar. 11, 2014; Dec. 2, 2016; Oct. 31, 2017; Nov. 28, 2017; Dec. 27, 2022>
1. A forestry cooperative or the National Forestry Cooperative Federation;
2. A professional engineer office in the fields of forestry referred to in the Professional Engineers Act;
2-2. An engineering business entity in the specialized fields of forestry referred to in the Engineering Industry Promotion Act;
3. The Korea Forestry Promotion Institute;
4. A non-profit corporation related to creating and fostering forest resources under Article 32 of the Civil Act.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 36-2 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
Any of the following persons shall be deemed a public official in application of penalty provisions prescribed in Articles 129 through 132 of the Criminal Act: <Amended on Dec. 2, 2016; Oct. 31, 2017; Feb. 18, 2020; Dec. 27, 2022>
1. Executive officers and employees of an agency or organization conducting management affairs by proxy under Article 23-4 (1);
2. Executive officers and employees of the Korea Forestry Promotion Institute conducting management, evaluation, and performance utilization by proxy pursuant to Article 34 (6);
3. Executive officers and employees of institutions or organizations that conduct verification and inspection by proxy pursuant to Article 36 (11);
4. A person who is not a public official from among the members of the deliberative committee on the felling of standing trees, etc. who deliberate on matters concerning permission for the felling of standing trees, etc. pursuant to Article 36-5.
[This Article Added on Mar. 11, 2014]
 Article 36-3 (Revocation of Permission for Felling Standing Timbers)
Where any of the following applies to a person who has obtained permission for felling standing timber, etc., or reported thereon pursuant to paragraph (1), the proviso of paragraph (2), or paragraph (5) of Article 36, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service may revoke such permission, suspend felling of standing timber, etc., or order other necessary measures: Provided, That in the case of subparagraph 1, he or she must revoke such permission, suspend felling of standing timbers, etc., or order other necessary measures: <Amended on Oct. 31, 2017; Dec. 27, 2022>
1. Where he or she has obtained permission or reported by fraud or other improper means;
2. Where he or she fails to fell standing timber, etc. as permitted or reported without good cause;
3. Where felling standing timber, etc. permitted or reported on becomes impossible due to a forest incident, etc.
[This Article Added on Mar. 11, 2014]
 Article 36-4 (Preliminary Feasibility Study of Felling Standing Timbers)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall conduct a preliminary feasibility study to comprehensively review the feasibility of felling standing timbers, etc., through a specialized agency prescribed by Presidential Decree, prior to obtaining permission under Article 36 for the felling of standing timbers, etc.: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as the felling of standing trees due to the outbreak of forest disasters such as forest fires, forest diseases and pests, and landslides.
(2) A specialized institution that conducts a preliminary feasibility study pursuant to paragraph (1) shall report the results thereof to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of the regional forest office without delay.
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional forest office shall preserve the results reported pursuant to paragraph (2) for 3 years after the felling of standing timber, etc. is completed. In such cases, the documents, etc. to be preserved shall be prescribed by Presidential Decree.
(4) Matters concerning the procedures, standards and methods of the preliminary feasibility study under paragraphs (1) through (3) and the supervision of specialized institutions shall be prescribed by Presidential Decree.
[This Article Added on Dec. 27, 2022]
 Article 36-5 (Deliberative Committee on Felling Standing Timber)
(1) A Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the head of a regional forest office may establish a deliberative committee on the felling of standing timbers, etc. to deliberate on matters related to permission for the felling of standing timbers, etc.
(2) Matters necessary for the organization of the deliberative committee under paragraph (1), the appointment and dismissal of members, and other matters necessary for the operation of the deliberative committee shall be prescribed by Presidential Decree.
[This Article Added on Dec. 27, 2022]
 Article 37 (Promoting Use of Wood)
(1) The Minister of the Korea Forest Service may establish and implement policies necessary for promoting the use of forest products, and for developing the wood industry.
(2) The Minister of the Korea Forest Service may designate and manage a forest that requires sustainable management to ensure the stable supply of, and demand for wood, and to increase availability of superior wood, as an economic forest development complex.
(3) To lead forest management, the Minister of the Korea Forest Service may select and foster a complex in an exemplary condition of management among the economic forest development complexes designated under paragraph (2), as a model forest management complex, if necessary. <Added on Mar. 11, 2014>
(4) If deemed necessary to accelerate the use and supply of forest biomass energy, the Minister of the Korea Forest Service may perform a project to distribute such forest biomass energy, such as installation of facilities for producing forest biomass energy, distribution of burners, and development of related technology, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Added on Jun. 1, 2012; Mar. 23, 2013; Mar. 11, 2014>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 38 (Management of Corporate Forests)
(1) A person who uses or processes forest products, and intends to conduct a business prescribed by Presidential Decree may manage a corporate forest for the supply of raw materials.
(2) A person who intends to manage a corporate forest shall prepare a corporate forest management plan and obtain designation of a corporate forest management zone from the Mayor/Do Governor having jurisdiction over the location of the relevant forest, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>
(3) Upon receipt of an application for designation under paragraph (2), a Mayor/Do Governor shall designate the relevant area as a corporate forest management zone unless any of the following applies to the forest applied for designation. In such cases, where a State forest is included in the corporate forest management zone, he or she shall seek consultation with the head of the relevant regional forest office:
1. Where the area of the forest is less than 30,000 square meters;
2. Where the applicant fails to obtain a proprietary right, or right of use or beneficiary right to the relevant forest for the period of the relevant forest management plan or longer (in cases of State forests, referring to where he or she fails to obtain permission for lease or use);
3. Where the contents of the relevant corporate forest management plan are deemed inappropriate for efficiently creating and managing the relevant forest;
4. Where the application violates any of the restrictions imposed under this Act or other statutes or regulations.
(4) Upon designating a corporate forest management zone pursuant to paragraph (3), the Mayor/Do Governor shall publicly notify matters prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs, such as the location of the relevant forest and the name of the corporate forest owner, and inform the corporate forest owner of such designation. <Amended on Mar. 23, 2013>
(5) The right timing for felling trees by type of trees and standards for felling and extraction in forests designated as corporate forest management zones under paragraph (3) shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013; Oct. 31, 2017>
(6) Authorization of a forest management plan pursuant to Article 13 (4) or approval of a State forest management plan pursuant to Article 9 (2) of the State Forest Administration and Management Act shall be deemed granted for a forest in an area designated as a corporate forest management zone.
(7) A person who intends to conduct a business that requires felling of standing trees, etc. in a corporate forest management zone shall report thereon to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest office. In such cases, he or she shall be deemed to have obtained permission, or have reported to fell standing trees, etc. <Amended on Oct. 31, 2017>
(8) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report under the former part of paragraph (7). <Added on Oct. 31, 2017>
(9) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (8), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>
(10) A person who manages a corporate forest shall obtain approval from the Mayor/Do Governor to modify the corporate forest management plan. <Amended on Oct. 31, 2017>
(11) Article 13 (3) shall apply mutatis mutandis to the preparation of corporate forest management plans pursuant to paragraph (2). <Amended on Oct. 31, 2017>
[This Article Wholly Amended on Jun. 1, 2012]
 Article 38-2 (Rescission of Designation of Corporate Forest Management Zones)
(1) Where it falls under any of the following cases, the Mayor/Do Governor may rescind all or part of the designation of a corporate forest management zone: Provided, That in a case falling under subparagraph 1, he or she shall rescind the whole designation:
1. Where the owner of corporate forest has obtained designation of a corporate forest management zone by fraud or other improper means;
2. Where the purpose of designating a corporate forest management zone has been attained or is unattainable due to natural disaster, etc.;
3. Where the rescission of designation is recognized as necessary to use it for a site for official or public facilities prescribed by Presidential Decree, such as industrial facilities or military facilities.;
4. Where the owner of corporate forest fails to carry on forest business in accordance of the contents of corporate forest management plan without good cause.
(2) Where the Mayor/Do Governor rescinds the designation of a corporate forest management zone as prescribed in paragraph (1), he or she shall publicly notify matters concerning Article 38 (4) and inform the owner of the forest of such fact.
[This Article Added on Jun. 1, 2012]
 Article 39 Deleted. <May 23, 2012>
 Article 40 (Restrictions on Distribution of Forest Products)
(1) If deemed necessary to regulate the supply of, and demand for forest products, and to establish their orderly distribution, and to ensure the safety of forest products, the Minister of the Korea Forest Service may restrict the distribution, production, or use of forest products prescribed by Presidential Decree. In such cases, the grounds for, and details of, such restrictions shall be publicly notified in advance.
(2) Deleted. <May 23, 2012>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 41 (Recommendation for Import of Forest Products)
(1) Persons intending to import forest products at the concession tariff rates applicable to the market access quota from the Republic of Korea's Schedules of Concessions, pursuant to the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall obtain a recommendation from the Minister of the Korea Forest Service on the imported items, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. In such cases, the recommended volume and standards for recommendation by items, and other necessary matters regarding recommendation shall be determined and publicly notified by the Minister of the Korea Forest Service. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of the Korea Forest Service may require the National Forestry Cooperatives Federation and other forest-specialized organizations or distribution-related organizations to perform duties regarding recommendations for import of forest products referred to in paragraph (1) as agent.
(3) The Minister of the Korea Forest Service may, as prescribed by Ministerial Decree for Agriculture, Food, and Rural Affairs, impose and collect import profits within the limits of the difference between domestic selling prices and import prices from those who import the forest products determined by Ministerial Decree of Agriculture, Food, and Rural Affairs among those referred to in paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Import profits referred to in paragraph (3) shall be deposited into the Special Accounts of Structural Improvement of Agricultural and Fishing Villages under the Act on the Special Account for Agriculture and Fisheries Structure Adjustment, as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 11, 2014>
(5) If import profits referred to in paragraph (3) are not paid by the payment due date, such import profits may be collected in the same manner as delinquent national taxes are collected.
[This Article Wholly Amended on Dec. 21, 2007]
CHAPTER IV PROMOTION OF PUBLIC FUNCTIONS OF FORESTS
Section 1 Preservation of Forests
 Article 42 (Preservation of Forest Biodiversity)
(1) The Minister of the Korea Forest Service shall formulate and implement a master plan for forest biodiversity to promote the preservation of forest biodiversity, the sustainable use of forests, etc.
(2) The Minister of the Korea Forest Service and the heads of local governments shall endeavor to implement projects determined by Presidential Decree, including creating ecological forests and arboretums to preserve and manage the biodiversity of the forests under their jurisdiction.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 42-2 (Basic Principles of Forest Restoration)
The following basic principles shall apply in conducting forest restoration: <Amended on Feb. 18, 2020>
1. The forest ecosystem shall, as the property of all citizens, be conserved, managed, and sustainably used in a way that serves public interest;
2. Living organisms in a forest shall be ecologically protected, and the biodiversity of a forest shall be maintained and promoted;
3. The vegetation shall be restored using native plants and natural materials suitable for the terrain and location of a forest so as to secure the habitats and functions of a forest;
4. The ecosystem balance within a forest shall not be destroyed, and its value shall not be undermined;
5. The organic linkages of planning, monitoring and evaluation shall be strengthened in conducting forest restoration.
[This Article Added on Jan. 8, 2019]
 Article 42-3 (Formulation of Master Plans for Forest Restoration)
(1) The Minister of the Korea Forest Service shall formulate and implement a master plan for forest restoration (hereinafter referred to as "master plan") every 10 years in order to efficiently promote forest restoration.
(2) A master plan referred to in paragraph (1) shall include the following:
1. The basic objectives of forest restoration and the direction-setting for implementation thereof;
2. The policies for promoting forest restoration;
3. Matters concerning the sites subject to forest restoration (referring to forests prescribed in Article 4), the forest restoration project and its follow-up management;
4. Matters concerning information management related to forest restoration;
5. Matters concerning nurturing technical personnel for forest restoration;
6. Matters concerning international exchange of forest restoration technology;
7. Other matters for promoting forest restoration.
(3) In cases of drastic changes in conditions surrounding forest restoration, economic conditions, etc., the Minister of the Korea Forest Service may amend a master plan referred to in paragraph (1).
(4) Where the Minister of the Korea Forest Service intends to formulate or amend a master plan pursuant to paragraphs (1) and (3), he or she shall hear opinions of the heads of the relevant central administrative agencies and the heads of the competent local governments in advance.
(5) The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan based on a master plan (hereinafter referred to as "implementation plan") and endeavor to secure financial resources necessary therefor.
(6) Where the Minister of the Korea Forest Service formulates or amends a master plan or an implementation plan, he or she shall notify it to the heads of the relevant central administrative agencies and the heads of local governments and submit it to the competent standing committee of the National Assembly.
(7) Where the Minister of the Korea Forest Service formulates or amends a master plan or an implementation plan, he or she shall announce it as prescribed by Presidential Decree.
(8) Where it is necessary to formulate a master plan or an implementation plan, the Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies or the heads of local governments to submit relevant data. In such cases, the heads of the relevant agencies in receipt of such request to submit data shall comply therewith, unless there is a compelling reason not to do so.
(9) The head of a local government and the head of a regional forest service shall formulate and implement an annual regional plan for forest restoration (hereinafter referred to as "regional plan") for regions under his or her jurisdiction according to an implementation plan referred to in paragraph (5).
(10) Matters necessary for formulating, implementing, amending, etc. a master plan, implementation plan, or regional plan shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 42-4 (Deliberation on Master Plans for Forest Restoration)
The following matters pertaining to forest restoration shall be subject to deliberation by the Central Mountainous District Management Committee referred to in Article 22 (1) of the Mountainous Districts Management Act: <Amended on Feb. 18, 2020>
1. Matters concerning formulating a master plan (including any amended master plan);
2. Matters concerning formulating an implementation plan;
3. Matters concerning a plan for restoring large-size land that has been damaged or land that has suffered a large-scale forest fire;
4. Other matters deemed necessary by the Minister of the Korea Forest Service in relation to forest restoration and referred to the Central Mountainous District Management Committee.
[This Article Added on Jan. 8, 2019]
 Article 42-5 (Fact-Finding Surveys on Sites Subject to Forest Restoration)
(1) The head of a local government and the head of a regional forest service shall conduct a fact-finding survey on damaged forests each year so as to restore such damaged forests.
(2) The head of a local government and the head of a regional forest service shall report to the Minister of the Korea Forest Service on the actual status of damaged forests surveyed under paragraph (1) and shall, upon receipt of a request for submission of data from the Minister of the Korea Forest Service, comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 18, 2020>
(3) Matters necessary for the details, methods, procedures, etc. of a fact-finding survey referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 42-6 (Evaluating Feasibility of Forest Restoration Projects)
(1) Before performing any forest restoration project, the head of a local government and the head of a regional forest service shall comprehensively evaluate the feasibility of the relevant forest restoration project by reviewing the necessity, suitability, environmental impacts, etc. of forest restoration.
(2) Matters necessary for the criteria, methods, procedures, etc. of feasibility evaluation referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 42-7 (Planning and Implementation of Forest Restoration Projects)
(1) A forest restoration project shall be a project of the State or a local government.
(2) Any person who intends to conduct a forest restoration project (hereinafter referred to as "forest restoration project operator") shall prepare a plan for implementing the forest restoration project (hereinafter referred to as "forest restoration project plan"), as prescribed by Presidential Decree.
(3) A forest restoration project plan referred to in paragraph (2) shall include the following matters:
1. The necessity and goal of the project;
2. The location of an area subject to the project, actual status, project period, and total project cost;
3. Major usage methods and a plan for expert utilization;
4. Follow-up monitoring and a plan for evaluation;
5. Other matters deemed necessary to implement the project.
(4) The construction of a forest restoration project may be conducted by a forest project corporation in the field of forest civil engineering (subparagraph 4 of Appendix 1 of the Enforcement Decree) among the forest project corporations registered under Article 24 or by a forestry cooperative or the National Forestry Cooperatives Federation referred to in subparagraph 7 of Article 2 of the Act on Promotion and Management of Forestry Technology.
(5) The cost of a forest restoration project referred to in paragraph (1) shall be borne by the State in cases of national forests, and the State may fully or partially subsidize the cost, in cases of public forests or private forests: Provided, That where there is a causer, the causer shall bear the cost.
[This Article Added on Jan. 8, 2019]
 Article 42-8 (Follow-Up Monitoring of Forest Restoration Sites)
(1) After completing a forest restoration project, the Minister of the Korea Forest Service and the head of a local government shall monitor the relevant forest restoration project for at least 10 years regarding the achievement of its restoration goal, vegetation resilience, etc.: Provided, That the foregoing shall not apply to a forest restoration site below the scale prescribed by Presidential Decree.
(2) For the purpose of follow-up monitoring prescribed in paragraph (1), the Minister of the Korea Forest Service may designate any of the following institutions or organizations as a monitoring agency:
1. The Korea Institute of Arboretum Management established under Article 18-13 of the Act on the Creation and Furtherance of Arboretums and Gardens;
2. The Korea Forest Conservation Association established under Article 46 of the Mountainous Districts Management Act.
(3) Matters necessary for the criteria, procedures, methods, details, etc. for follow-up monitoring referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 42-9 (Materials for Forest Restoration)
(1) The Minister of the Korea Forest Service and the head of a local government shall use native plants and natural materials, such as soil, stones and trees, when conducting any forest restoration project.
(2) The Minister of the Korea Forest Service shall endeavor to facilitate the supply and demand of native plants and natural materials related to forest restoration prescribed in paragraph (1), and formulate and promote the support policies for fostering related industries.
(3) Detailed criteria concerning the supply of native plants and natural materials, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 42-10 (Nurturing Experts for Forest Restoration)
(1) The Minister of the Korea Forest Service may formulate and promote policies for nurturing experts related to forest restoration.
(2) In order to nurture experts referred to in paragraph (1), the Minister of the Korea Forest Service may designate an institution or organization designated pursuant to Article 7 (4) of the Act on Promotion and Management of Forestry Technology as an educational institution.
(3) Any person who intends to conduct construction of a forest restoration project pursuant to Article 42-7 (4) shall receive education and training prescribed in Article 7 (2) of the Act on Promotion and Management of Forestry Technology in order to acquire knowledge necessary to perform the relevant duties.
(4) The Minister of the Korea Forest Service may fully or partially subsidize expenses incurred in nurturing experts for an educational institution designated under paragraph (2).
[This Article Added on Jan. 8, 2019]
 Article 42-11 (Designation of Forest Restoration Support Center)
(1) The Minister of the Korea Forest Service may designate any of the following institutions or organizations as a forest restoration support center (hereinafter referred to as "support center") in order to develop, support, etc. forest restoration policies:
1. An institution or organization referred to in Article 42-8 (2);
2. A public institution referred to in Article 4 of the Act on the Management of Public Institutions which is prescribed by Presidential Decree for being deemed necessary by the Minister of the Korea Forest Service.
(2) The support center shall perform the following duties:
1. Development of and support for forest restoration policies;
2. Investigation, analysis, and management of damaged land, and information build-up and operation;
3. Research and development and support, including standardizing forest restoration technology and developing manuals;
4. On-site consulting and monitoring of forest restoration projects;
5. Matters concerning exchange and cooperation related to forest restoration, and entry into overseas markets;
6. Other matters deemed necessary by the Minister of the Korea Forest Service to support forest restoration projects.
(3) In any of the following cases, the Minister of the Korea Forest Service shall revoke the designation of a support center referred to in paragraph (1):
1. Where the support center has been designated or operated by fraud or other improper means;
2. Where it is recognized that it will be difficult to achieve the designated purpose of the support center or it is inappropriate to maintain the support center as a result of evaluating its performance records;
3. In other cases where the Minister of the Korea Forest Service deems that there is no need to maintain the support center.
(4) A hearing shall be held where it is intended to revoke the designation of the support center pursuant to paragraph (3).
(5) The Minister of the Korea Forest Service may subsidize necessary expenses incurred in performing duties for a support center.
(6) Matters necessary for the procedures for designating and revoking the designation of a support center, evaluation of its operational performance, etc. shall be prescribed by Presidential Decree.
[This Article Added on Jan. 8, 2019]
 Article 43 Deleted. <Jun. 9, 2009>
 Article 44 Deleted. <Jun. 9, 2009>
 Article 45 Deleted. <Jun. 9, 2009>
 Article 46 Deleted. <Jun. 9, 2009>
 Article 47 (Designation of Experimental Forests)
(1) The Minister of the Korea Forest Service or a Mayor/Do Governor may designate forests suitable for developing forest science and technology or using them for testing and research purposes, as experimental forests. <Amended on Mar. 11, 2014>
(2) The Minister of the Korea Forest Service or a Mayor/Do Governor who has designated an experimental forest shall endeavor to protect and manage the experimental forest to serve the objectives of such designation, and may designate a manager if deemed necessary for managing such experimental forest. <Amended on Mar. 11, 2014>
(3) The Minister of the Korea Forest Service or a Mayor/Do Governor may issue orders necessary for protecting and managing an experimental forest to the owner or manager of the experimental forest, and subsidize such protection and management, as prescribed by Presidential Decree. <Amended on Mar. 11, 2014>
(4) The Minister of the Korea Forest Service or a Mayor/Do Governor may wholly or partially rescind designation of an experimental forest if: <Amended on Mar. 11, 2014>
1. It is deemed unnecessary to maintain it as an experimental forest, because the objectives of designation have been achieved;
2. It is deemed that the objectives of designation have become unachievable due to any damage caused by a natural disaster, etc., or any other cause determined by Presidential Decree;
3. It is deemed inevitable to rescind designation to use the experimental forest as a site for military facilities, or other official or public facilities determined by Presidential Decree, or for public interests.
(5) Upon designating an experimental forest or rescinding designation of such experimental forest under paragraphs (1) and (4), the Minister of the Korea Forest Service or the Mayor/Do Governor shall publicly notify the fact and inform the relevant owners and managers thereof. <Amended on Mar. 11, 2014>
(6) Procedures for the designation, management, and rescission of designation of experimental forests, and other necessary matters, shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>
(7) Article 19 (5) of this Act, and Articles 10 (3) and 12 of the Forest Protection Act shall apply mutatis mutandis to the management of experimental forests, compensation paid for any loss thereto, etc.
[This Article Wholly Amended on Jun. 9, 2009]
 Article 48 Deleted. <Dec. 2, 2016>
 Article 49 Deleted. <Jun. 9, 2009>
 Article 50 Deleted. <Jun. 9, 2009>
 Article 51 (Formulation and Implementation of Plans to Preserve and Manage Trees)
(1) The Minister of the Korea Forest Service or a Mayor/Do Governor may formulate and implement a plan to preserve and manage trees or forests (hereinafter referred to as "trees, etc.") deemed in need of special management to protect the ecology, scenery, etc. against any damage from weather, air pollution, acid rain, fungi, harmful insects, etc., as prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(2) The Minister of the Korea Forest Service or the Mayor/Do Governor shall consult the heads of the relevant administrative agencies when he or she intends before formulating a plan to preserve and manage trees, etc. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 51-2 (Designation and Management of Areas for Special Species of Trees, Such as Geumgang Pine Tree Forest)
(1) The Minister of the Korea Forest Service may designate and manage an area to grow special species of trees in need of intensive protection and nurturing, such as Geumgang pine tree forest, having historical, cultural, and resource value.
(2) To designate an area to grow special species of trees pursuant to paragraph (1), the Minister of the Korea Forest Service shall first hear opinions of the competent Mayor/Do Governor and experts on forests. <Amended on Dec. 2, 2016>
(3) The requirements and procedures for the designation of areas to grow special species of trees pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016>
[This Article Added on Jun. 1, 2012]
 Article 51-3 (Change or Rescission of Designation of Areas to Grow Special Species of Trees)
Where an area to grow special species of trees designated under Article 51-2 (1) falls under any of the following cases, the Minister of the Korea Forest Service may change or rescind designation:
1. Where the objective of such designation is deemed achieved or such objective is deemed unachievable due to any natural disaster, etc.;
2. Where it is inevitable to use it as a site for official or public facilities prescribed by Presidential Decree, such as industrial facilities or military facilities;
3. Where it is necessary to rescind such designation at the request of the Mayor/Do Governor to develop the relevant local community or for industrial development.
[This Article Added on Jun. 1, 2012]
 Article 51-4 (Support for Areas to Grow Special Species of Trees)
(1) The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may give priority to a forestry project in an area to grow special species of trees when providing funds for forestry projects.
(2) The Minister of the Korea Forest Service may appoint specialized researchers, etc. necessary to continuously preserve and grow the special species of trees in the relevant areas.
[This Article Added on Jun. 1, 2012]
 Article 51-5 (Investigation and Evaluation of Impacts of Climate Change on Forests and Their Vulnerability)
(1) The Minister of the Korea Forest Service shall investigate and evaluate the impacts of climate change, such as global warming, on forests and their vulnerability (hereafter in this Article referred to as "investigation and evaluation of the impacts of climate") every five years in order to ensure the sustainable conservation and use of forests, announce the results of such investigation and evaluation, and utilize them as basic data for policy-making.
(2) The Minister of the Korea Forest Service may conduct a fact-finding survey to secure basic data and prepare statistics necessary for investigation and evaluation of the impacts of climate.
(3) The Minister of the Korea Forest Service may request the heads of the relevant central administrative agencies, the heads of local governments, or the heads of forest-related institutions or organizations to submit data necessary for investigation and evaluation of the impacts of climate or to provide cooperation in a fact-finding survey referred to in paragraph (2). In such cases, the heads of the relevant central administrative agencies, etc. in receipt of such request shall comply therewith, unless there is a compelling reason not to do so.
(4) Matters necessary for the details, methods, etc. of investigation and evaluation of the impacts of climate and a fact-finding survey referred to in paragraph (2) shall be prescribed by Ministerial Decree of Agriculture, Food, and Rural Affairs.
[This Article Added on Jan. 8, 2019]
 Article 52 Deleted. <Jun. 9, 2009>
Section 2 Deleted.
 Article 53 Deleted. <Jun. 9, 2009>
 Article 54 Deleted. <Jun. 9, 2009>
 Article 55 Deleted. <Jun. 9, 2009>
 Article 56 Deleted. <Jun. 9, 2009>
 Article 57 Deleted. <Jun. 9, 2009>
Section 3 Funds for Environmental Function of Forest
 Article 58 (Green Fund)
(1) The Minister of the Korea Forest Service shall establish a fund to promote the environment functions of forests (hereinafter referred to as the "Green Fund") to support projects funds and expenses incurred in protecting the forest environment; promoting forest functions; and developing overseas forest resources.
(2) The Green Fund shall be managed and administered by the Minister of the Korea Forest Service.
(3) The Green Fund shall be established with the following financial resources:
1. Contributions from persons, other than the Government;
2. Proceeds from the sale of lottery tickets, distributed under Article 23 (1) of the Lottery Tickets and Lottery Fund Act;
3. Revenues from the management of the Green Fund;
4. Other revenues prescribed by Presidential Decree.
(4) The Green Fund may be used for the following projects to promote the environmental functions of forests and to develop overseas forest resources: <Amended on Mar. 27, 2015; Jan. 8, 2019; Jun. 9, 2020>
1. Improving the forest environment to supply clean water;
2. Creating forests and urban forests to prevent environmental pollution and to preserve scenery;
3. Building and operating facilities for forest activities of youth, etc. and conducting other related education and public relations;
4. Creating and operating arboretums, recreational forests, and woodland burial grounds;
5. Educating persons engaging in forestry and promoting their welfare in relation to the promotion of the environmental functions of forests;
6. Promoting the environmental functions of overseas forests;
7. Securing overseas forest resources;
8. Promoting forest welfare;
9. Other projects prescribed by Presidential Decree to promote the environmental functions of forests.
(5) When an agency or organization prescribed by Presidential Decree performs any of the projects referred to in the subparagraphs of paragraph (4), preferential subsidization from the Green Fund may be provided to cover the associated expenses.
(6) Other matters necessary for the management and administration of the Green Fund shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 59 (Formulation of Green Fund Management Plans)
(1) The Minister of the Korea Forest Service shall formulate a Green Fund management plan each fiscal year, including: <Amended on Jan. 25, 2010>
1. Matters relating to the revenue and expenditure of the Green Fund;
2. A plan to use the Green Fund;
3. Other matters deemed by the Minister of the Korea Forest Service necessary for managing the Green Fund.
(2) The Minister of the Korea Forest Service shall formulate Green Fund management plans, considering any overlaps with other budget, public interests, etc., and manage the Green Fund transparently and efficiently. <Added on Jan. 25, 2010>
(3) Considerations to be given when formulating Green Fund management plans under paragraph (2), and matters necessary for the management of the Green Fund, shall be prescribed by Presidential Decree. <Added on Jan. 25, 2010>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jan 25, 2010]
 Article 59-2 (Reporting on Settlement of Accounts of Green Fund to the National Assembly)
The Minister of the Korea Forest Service shall prepare the settlement of accounts of the Green Fund each fiscal year, and report it to the competent standing committee of the National Assembly within two months after the end of the relevant fiscal year, along with:
1. A document on the summary and analysis of the settlement of the Green Fund;
2. A closing statement of the Green Fund;
3. Matters concerning the current status of implementing the Green Fund projects, and the outcomes of implementation in the previous year;
4. Other documents necessary for clarifying the details of the settlement of accounts of the Green Fund.
[This Article Added on Jan. 25, 2010]
 Article 60 (Entrusted Management and Administration of Green Fund)
(1) The Minister of the Korea Forest Service may fully or partially entrust the management and administration of the Green Fund to the Korea Forest Welfare Promotion Institute established under Article 49 of the Forest Welfare Promotion Act (hereinafter referred to as the "Korea Forest Welfare Promotion Institute"), as prescribed by Presidential Decree. <Amended on May 29, 2016>
(2) Upon entrustment of the management and administration of the Green Fund under paragraph (1), the Minister of the Korea Forest Service may pay service fees and other expenses, as determined by the said Minister.
(3) Upon entrustment of the management and administration of the Green Fund under paragraph (1), the Minister of the Korea Forest Service may appoint accounting personnel to engage in such management and administration from among the executives and employees of the entrusted corporation.
(4) The Act on Liability of Accounting Personnel, Etc. shall apply mutatis mutandis to the accounting personnel appointed under paragraph (3).
[This Article Wholly Amended on Dec. 21, 2007]
 Article 61 (Organization and Administration of Green Fund Management Council)
(1) A Green Fund Management Council (hereinafter referred to as the "Council") shall be established in the Korea Forest Service to deliberate on the following regarding the management and administration of the Green Fund:
1. Matters relating to the formulation of the Green Fund management plans and the preparation of the reports on the settlement of accounts;
2. Matters relating to the alteration of the Green Fund management plans;
3. Matters relating to the use of the Green Fund under Article 58 (4);
4. Other matters brought by the Minister of the Korea Forest Service before the Council, which are deemed important for the management and administration of the Green Fund.
(2) The Council shall be chaired by the Vice Minister of the Korea Forest Service, and it shall be comprised of up to 10 members, including the chairperson. <Amended on Jan. 25, 2010>
(3) The organization and administration of the Council, and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 62 Deleted. <May 29, 2016>
 Article 63 (Support for the Korea Forest Welfare Promotion Institute)
The State or local governments may allow the Korea Forest Welfare Promotion Institute or the agency or organization referred to in Article 58 (5) to use, gain profits from, or rent any national or public facility, goods, and other property free of charge within the extent that does not hinder its use or purpose, to support the raising of the Green Fund or to facilitate the performance of the Green Fund project. <Amended on May 29, 2016>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on May 29, 2016]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 64 (Financial Support)
(1) The State or local governments may provide a loan or subsidy to help cover all or part of the working expenses for forest projects as determined by Presidential Decree.
(2) In making a loan under paragraph (1), the forest land and standing timber concerned may be made security. In such case, the prices of standing timber not yet in harvest season may be evaluated in advance to be made security.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 65 (Return of Forest Project Subsidies)
(1) Any person who intends to use any of the following forests for any purpose other than the original purpose of the subsidized project shall return the amount of the subsidy provided by the State or a local government (hereinafter referred to as "forest project subsidy") plus interest thereon, to the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That he or she needs not return it upon expiration of the period determined by Presidential Decree since the creation of the forests or the installation of the forest management infrastructure was completed: <Amended on Jun. 1, 2012; Mar. 11, 2014>
1. A forest for which the forest management infrastructure has been installed pursuant to Article 9 (1);
2. A forest created with a subsidy or aid from the State or a local government pursuant to Article 13 (6), 28 (8) or 64 (1).
(2) The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall order a person who has failed to fulfill his or her obligation to return to repay a forest project subsidy and interest thereon, as prescribed by Presidential Decree. <Added on Mar. 11, 2014>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 65-2 (Restrictions on Financial Support)
The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu may exclude any forestry project conducted by the following persons from the forest projects eligible for financial support under Article 64: <Amended on Jan. 28, 2016>
1. A person subject to an order to repay a forest project subsidy under Article 27 (2);
2. A person subject to an order to repay a forest project subsidy under Article 33 of the Subsidy Management Act.
[This Article Added on Mar. 11, 2014]
 Article 66 (Payment of Monetary Awards)
The Minister of the Korea Forest Service may pay a monetary award to any person who files a complaint or an accusation with a forest administrative agency or an investigating agency against a person who has violated Article 36 (1) or (5), as determined by Ministerial Decree of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 9, 2009; Mar. 23, 2013; Dec. 27, 2022>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 67 (Reporting and Inspection)
(1) Where it is necessary to create and manage forest resources, the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest service may order any of the following entities to file a report or require it to submit data in relation to its business, and may require his or her public officials to enter a place of business, office, etc. to investigate or inspect books of account, documents, or other things, or to inquire of related persons: <Amended on Jun. 1, 2012; Mar. 11, 2014; May 29, 2016; Jan. 8, 2019; Dec. 27, 2022>
1. A seeds and seedlings grower;
2. A forestry cooperative or the National Forestry Cooperatives Federation;
3. A forest project corporation;
3-2. A national forest management association established under Article 23-2;
3-3. A management agent under Article 23-4;
4. Deleted; <Nov. 28, 2017>
5. Deleted; <May 23, 2012>
6. A person who imports forest products upon recommendation by the Minister of the Korea Forest Service pursuant to Article 41 (1);
7. The Korea Forest Welfare Promotion Institute.
(2) Where the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest service intends to make a visit, conduct investigation or inspection, or make an inquiry pursuant to paragraph (1), he or she shall notify a person subject to investigation of a plan describing the date and time, reason and details of the visit, investigation, inspection or inquiry not later than seven days prior to the visit, investigation, inspection or inquiry: Provided, That the foregoing shall not apply in cases of emergency or when it is deemed that the purpose of the visit, investigation, inspection or inquiry cannot be achieved due to destruction of evidence, etc. if prior notice is provided. <Added on Jan. 8, 2019>
(3) If it is found, in an investigation and inspection conducted under paragraph (1), that the seeds and seedlings for forests produced by a seeds and seedlings grower are of poor quality, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the seeds and seedlings grower to suspend shipping such seeds and seedlings, or to take necessary measures, such as disinfection and discard. <Amended on Jun. 1, 2012; Mar. 11, 2014; Oct. 31, 2017; Jan. 8, 2019>
(4) A public official who conducts an investigation or inspection or inquires of related persons pursuant to paragraph (1) shall carry an identification indicating his or her authority and produce it to interested persons. <Amended on Jan. 8, 2019>
(5) Where necessary to verify and inspect the requirements for registration of a national forest management association registered pursuant to Article 23-2 (4) or a forest project corporation registered pursuant to Article 24 (2), the Minister of the Korea Forest Service or a Mayor/Do Governor may request the heads of related agencies to provide data on national health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. for which members of the national forest management association or technicians of the forest project corporation are policy holders. In such case, the heads of the related agencies shall comply with such request without good cause. <Added on Oct. 31, 2017; Jan. 8, 2019>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 68 (Hearings)
The Minister of the Korea Forest Service, the head of a local government, or the head of a regional forest service shall hold a hearing, where he or she takes any of the following dispositions: <Amended on Jun. 1, 2012; Mar. 11, 2014; Dec. 27, 2022>
1. He or she intends to revoke authorization for a forest management plan pursuant to Article 15;
2. He or she intends to revoke the registration of a seeds and seedling grower, or suspend his or her business operation pursuant to Article 16 (3);
2-2. He or she intends to revoke the registration of a national forest management association pursuant to the proviso of Article 23-2 (5);
2-3. Where he or she intends to revoke the designation of an agency for management affairs pursuant to Article 23-4 (2);
3. He or she intends to revoke the registration of a forest project corporation pursuant to Article 25 (3);
4. He or she intends to rescind the designation of a special forest project zone pursuant to Article 29 (1);
5. Deleted; <Nov. 28, 2017>
5-2. He or she intends to revoke permission for felling standing timber, etc. pursuant to Article 36-3;
6. He or she intends to rescind the designation of a corporate forest management zone pursuant to Article 38-2 (1).
[This Article Wholly Amended on Dec. 21, 2007]
 Article 69 (Succession of Rights and Duties)
(1) Dispositions made to forest owners, the owners of land other than forests, etc. in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors.
(2) Applications, reports or other acts implemented by forest owners, the owners of land other than forests, etc. in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 70 (Delegation and Entrustment of Authority)
(1) The Minister of the Korea Forest Service may delegate part of his or her authority under this Act to a Mayor/Do Governor, or the head of an affiliate agency, as prescribed by Presidential Decree, and the Mayor/Do Governor or the head of the agency may re-delegate part of the delegated authority to the head of a Si/Gun/Gu, or the head of an affiliate agency, with approval from the Minister of the Korea Forest Service.
(2) A Mayor/Do Governor may delegate part of his or her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) The head of a regional forest service may delegate part of his or her authority under this Act to the head of a national forest management office under the jurisdiction of the relevant regional forest service, as prescribed by Presidential Decree.
(4) The Minister of the Korea Forest Service, the head of a local government, or the head of a regional forest service may entrust part of his or her business under this Act to related agencies or organizations, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
CHAPTER VI PENALTY PROVISIONS
 Article 71 (Penalty Provisions)
(1) A person who commits arson to a forest for seed collection, a plus tree or an experimental forest shall be punished by imprisonment for not less than 7 years but not more than 15 years. <Amended on Jun. 9, 2009; Oct. 31, 2017>
(2) Any criminal attempt of paragraph (1) shall be punished.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 72 Deleted. <Jun. 9, 2009>
 Article 73 (Penalty Provisions)
(1) A person who steals forest produce (including planted seedlings; hereafter in this Article the same shall apply) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Oct. 31, 2017>
(2) Any criminal attempt of paragraph (1) shall be punished.
(3) A person who commits the crime provided for in paragraph (1) shall be punished by imprisonment with labor for not less than one year but not more than 10 years if: <Amended on Jun. 9, 2009; Feb. 18, 2020>
1. The person steals any forest produce or a plus tree within a forest for seed collection or an experimental forest;
2. The person collects a tap root;
3. The person uses a vehicle or vessel or installs any transportation and wood processing arrangement to transport stolen goods;
4. The person commits a theft exercising the right to fell standing timber or bamboo or to extract or gather produce;
5. The person commits a theft at night;
6. The person habitually commits the crime provided for in paragraph (1).
[This Article Wholly Amended on Dec. 21, 2007]
 Article 74 (Penalty Provisions)
(1) A person who fells standing timber and bamboo; extracts and gathers forest products; grazes livestock; or engages in other activities of altering the form and quality of land in a forest for seed collection, etc. in violation of Article 19 (5), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Mar. 11, 2014; Oct. 31, 2017; Feb. 18, 2020>
1. Deleted; <Oct. 31, 2017>
2. Deleted; <Oct. 31, 2017>
3. Deleted; <Oct. 31, 2017>
4. Deleted. <Jun. 9, 2009>
5. Deleted; <Oct. 31, 2017>
6. Deleted; <Oct. 31, 2017>
7. Deleted; <Oct. 31, 2017>
8. Deleted; <Oct. 31, 2017>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. Deleted; <Jun. 9, 2020>
2. A person who fells standing timber, etc. without obtaining permission or upon obtaining permission by fraud or other improper means, from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service, in violation of Article 36 (1);
3. A person who inflicts damage on standing timber or bamboo in a forest or causes it to wither and die without just cause;
4. Deleted; <Jun. 9, 2020>
5. A person who alters or eliminates any sign or seal affixed to standing timber, bamboo, wood, or taproot;
6. A person who installs an artificial structure in a third person's forest without good cause.
(3) Deleted. <Jun. 9, 2020>
(4) A person who habitually commits any of the crimes provided for in paragraph (1) or (2) shall be aggravatingly punished by up to 1/2 of the punishment for each offense. <Added on Oct. 31, 2017; Feb. 18, 2020>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 75 (Confiscation and Additional Collection)
(1) Forest products related to crimes provided for in Articles 73 and 74 (1) or (2) 2 shall be confiscated: Provided, That forest products that result from any of the crimes provided for in Article 73 shall be returned to the victim or disposed of to repay the price thereof, as prescribed by Presidential Decree. <Amended on Jun. 9, 2009; Oct. 31, 2017>
(2) When it is impossible to confiscate the forest products provided for in paragraph (1), the value equivalent thereto shall be collected.
[This Article Wholly Amended on Dec. 21, 2007]
 Article 76 (Penalty Provisions)
A person who uses any imported forest products for purposes not stipulated in the recommendation for importation made pursuant to Article 41 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. <Amended on Oct. 31, 2017>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 77 (Penalty Provisions)
(1) Any of the following persons shall be punished by a fine not exceeding 10 million won: <Added on Oct. 31, 2017; Jan. 8, 2019>
1. A person who runs a seeds and seedling growing business without registering himself/herself as a seeds and seedlings grower, in violation of Article 16 (1);
2. A person who implements a forest project without registering himself or herself as a national forest management association under Article 23-2 (4) or as a forest project corporation under Article 24 (1);
3. A person who lends his or her certificate of registration of a national forest management association to a third person, in violation of the latter part of Article 23-2 (4);
4. A person who lends his or her certificate of registration as a forest project corporation to a third person, in violation of Article 24 (4);
5. Deleted; <Nov. 28, 2017>
6. Deleted; <Nov. 28, 2017>
7. A person who violates the restrictions on the distribution, production, or use of forest products imposed under Article 40 (1);
8. A person who ships seeds for forest and seedlings of poor quality or who fails to take necessary measures, such as disinfection or discard, in violation of an order issued under Article 67 (3).
(2) Deleted: <Nov. 28, 2017>
1. Deleted; <Oct. 31, 2017>
2. Deleted; <Oct. 31, 2017>
3. Deleted; <Jun. 9, 2009>
4. Deleted. <Jun. 9, 2009>
5. Deleted. <Jun. 9, 2009>
(3) Deleted. <Oct. 31, 2017>
[This Article Wholly Amended on Dec. 21, 2007]
 Article 78 (Joint Penalty Provisions)
Where a representative of a juristic person, or an agent, an employee or other servant of the juristic person or an individual commits any offense provided for in Article 74 (1), (2) or (3), 76, or 77 in connection with the business of the juristic person or individual, not only shall such offender be punished, but also the juristic person or individual shall be punished by a fine or a minor fine prescribed in the relevant provisions, and if the offender commits an offense provided for in Article 74 (4), not only shall such offender be punished, but also the juristic person or individual shall be punished by a fine not exceeding 20 million won: Provided, That this shall not apply where such juristic person or individual has not neglected to give due attention and supervision concerning the relevant business to prevent such offense. <Amended on Oct. 31, 2017>
[This Article Wholly Amended on Jan. 25, 2010]
 Article 79 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 1, 2012; Mar. 11, 2014; Dec. 27, 2022>
1. A person who extracts or gathers forest products without filing a report pursuant to the proviso of Article 19 (5);
2. A person who fells standing timber, etc. without filing a report, or upon filing a report by fraud or other improper means pursuant to Article 36 (5);
2-2. A person who violates a suspension of felling standing timbers, etc., or an order to take other necessary measures pursuant to Article 36-3;
3. A person who conducts a business which requires felling of standing trees, etc. in a corporate forest management zone without reporting thereon, in violation of Article 38 (7).
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jan. 25, 2010>
1. A person who claims an excessive fee for preparation of a forest management plan under Article 13 (3);
2. Deleted; <May 23, 2012>
3. Deleted; <Jun. 9, 2009>
4. Deleted. <Jun. 9, 2009>
5. A person who refuses, evades, or interferes with reporting, submission of data, an investigation, inspection, or inquiry under Article 67 (1).
(3) Deleted. <Jun. 9, 2009>
(4) Deleted. <Jun. 9, 2009>
(5) A person who fails to perform afforestation under Article 10 (2) shall be subject to an administrative fine equivalent to the sum of the expenses incurred in such afforestation.
(6) Administrative fines referred to in paragraphs (1) through (5) shall be imposed and collected by the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a regional forest service, or the head of a national forest management office under a regional forest service, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010>
(7) Deleted. <Jan. 25, 2010>
(8) Deleted. <Jan. 25, 2010>
(9) Deleted. <Jan. 25, 2010>
[This Article Wholly Amended on Dec. 21, 2007]
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Act)
The Forestry Act is hereby repealed.
Article 3 (Applicability to Design and Supervision of Forest Projects)
The design and supervision of forest projects under Article 27 shall apply to the forest projects carried out on and after the enforcement date of this Act.
Article 4 (Transitional Measures concerning Dispositions, etc. under the Former Forestry Act)
Dispositions, etc. on the left column of the following table made under the former?Forestry Act?as at the time of this Act enters into force shall be deemed dispositions, etc. on the right column of said table made under this Act:
Article 5 (Transitional Measures concerning Registration of Forest Project Corporations)
Article 5 (Transitional Measures concerning Registration of Forest Project Corporations)
Corporations registered under the proviso of Article 5 (4) of the previous Forestry Act at the time of the entry into force of this Act shall be deemed to be registered under Article 24 (1). In this case, the corporations shall meet the standards for registration provided in Article 24 (1) within one year after the enforcement of this Act.
Article 6 (Transitional Measures concerning Designation of Protective Forests)
protective forests under Article 56 (1) 6 of the previous Forestry Act shall be deemed to be designated as the protective forests under Article 43 (1) 2 of this Act, and the protective forests under Article 56 (1) 8 of the previous Forestry Act, as the protective forests under Article 43 (1) 1 of this Act, at the time of the entry into force of this Act.
Article 7 Deleted. <by Act No. 9961, Jan. 25, 2010>
Article 8 (Preparation for Establishment of Korea Green Project Association)
(1) The Minister of the Korea Forest Service may commission not more than seven promoters to take charge of the business affairs concerning the establishment of the Korea Green Project Association prior to the enforcement of this Act.
(2) The promoters shall prepare the articles of association of the Korea Green Project Association and obtain authorization therefor from the Minister of the Korea Forest Service.
(3) The promoters shall, when the authorization under paragraph (2) is granted, hand over their duties without delay to the president of the Korea Green Project Association after registering the establishment of the Korea Green Project Association under joint signature.
(4) The promoters shall be deemed to be decommissioned on the day when the business of the Korea Green Project Association is commenced.
(5) Contributions required for the establishment of the Korea Green Project Association and other necessary expenses shall be borne by the Green Fund.
Article 9 (Transitional Measures concerning Succession of Rights and Duties regarding Green Fund)
All rights and duties of the National Forestry Cooperatives Federation related to the administration and management of the Green Fund under Article 104 of the previous Forestry Act at the time of the entry into force of this Act shall be succeeded to by the Minister of the Korea Forest Service.
Article 10 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and fines for negligence to the acts committed prior to enforcement of this Act shall be governed by the provisions of the previous Forestry Act.
Article 11 Omitted.
Article 12 (Relationship with Other Acts)
Where any other Act cites the previous Forestry Act or its provisions at the time of the entry into force of this Act and where there are, in this Act, the provisions corresponding to the cited ones, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions.
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8753, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Contribution of Green Fund) The Minister of the Korea Forest Service may use the Green Fund as a contribution to cover working expenses and other expenses incurred in promoting the environmental functions of forests and in developing overseas forest resources.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, ... (Omitted) ..., That the amendments to the Acts promulgated before this Act enters into force but for which the enforcement date has not arrived, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 9716, May 27, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9961, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 78 and the amended provisions of Article 7 of the Creation and Management of Forest Resources Act (Act No. 7678) shall enter into force on the date of their promulgation and the amended provision of Article 23 (1) shall enter into force five years after the date of its promulgation.
(2) (Transitional Measures concerning Delegation and Entrustment of Forest Projects) Where a contract of delegating or entrusting the forest projects prior to the enforcement of the amended provision of Article 23 (1) was executed, the previous provision shall apply.
ADDENDA <Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10481, Mar. 29, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability concerning Revocation, etc. of Registration of Forest Project Corporations) The amended provisions of Article 25 and 26 (2) shall apply even to a reason occurred before this Act enters into force: Provided, That this shall not exercise influence on the effect of disposition, etc. pursuant to previous provisions.
(3) (Transitional Measures concerning Registration of Forest Project Corporations) The forest project corporations established pursuant to previous provisions at the time this Act enters into force shall be deemed to have been registered pursuant to this Act.
ADDENDA <Act No. 11429, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11456, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 23 (4) 2 shall enter into force on the date of promulgation.
Article 2 (Applicability concerning Return of Forest Project Subsidies)
The amended provisions of Article 65 shall apply beginning from the forest for which the installation of forest management infrastructure is begun or which is created with the subsidy or support from the Sate or a local government for the first time after this Act enters into force.
Article 3 (General Transitional Measures concerning Disposition, etc.)
Acts of administrative agencies or acts toward administrative agencies pursuant to previous provisions at the time this Act enters into force shall be deemed acts of administrative agencies or acts toward administrative agencies pursuant to this Act corresponding to such previous provisions.
Article 4 (Transitional Measures concerning Charges for Registration of Plant Varieties)
Notwithstanding the amended provisions of Article 18 (5), previous provisions shall apply to the registration of a plant variety for which an application is filed at the time this Act enters into force.
Article 5 (Transitional Measures concerning National Forest Management Bodies)
The forestry technicians' forest management bodies registered at institutions affiliated with the Korea Forest Service, which have been organized pursuant to the Forestry and Mountain Villages Development Promotion Act and related statutes at the time this Act enters into force shall be deemed national forest management bodies registered pursuant to this Act: Provided, That where they have failed to meet the requirements for registration pursuant to the amended provisions of Article 23-2 (3), they shall again make registration after meeting the requirements for registration within one year from the date this Act enters into force.
Article 6 (Transitional Measures concerning Corporate-Managed Forests)
A person who owns and manages a corporate forest after being given recommendation pursuant to previous provisions at the time this Act enters into force shall be deemed to have been given designation of a zone under corporate forest management plan over an area in which relevant forest exists, as prescribed in the amended provisions of Article 38 (3).
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12412, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 12415, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restrictions to Financial Support)
The amended provisions of Article 65-2 shall also apply to a person who requests financial support pursuant to Article 64 after this Act enters into force, being one in receipt of a request to repay a forest project subsidy pursuant to the former Article 65 before this Act enters into force, or one subject to an order to repay a project subsidy pursuant to Article 33-2 (1) of the Subsidy Management Act.
Article 3 (Transitional Measures concerning Registration of Seeds and Seedlings Growers)
The registration, administrative measures, and other acts, completed, taken, and done by a Mayor/Do Governor, and the filing of applications and reports with, and other acts done towards, a Mayor/Do Governor regarding the seeds and seedlings cultivation under the former provisions as at the time of this Act enters into force shall be deemed an act done by or towards the head of a Si/Gun/Gu under the amended provisions of Article 16.
Article 4 (Transitional Measures concerning Designation, etc. of Experimental Forests)
Experimental forests designated by the head of a regional forest service under the former provisions as at the time of this Act enters into force shall be deemed designated by the Minister of Korea Forest Service under the amended provisions of Article 47 (1).
ADDENDA <Act No. 13255, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13931, Jan. 28, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14269, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Article 2 (Preparation Acts to Enforce this Act)
To ensure that all property, rights, and duties of the Korea Green Project Association can be succeeded respectively by the Korea Forest Welfare Promotion Institute and the Korea Forestry Promotion Institute established under the Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute"), the Korea Green Project Association shall first pass a resolution on the succession at its board of directors and obtain approval from the Minister of the Korea Forest Service, before this Act enters into force.
Article 3 (Transitional Measures concerning Korea Green Project Association)
(1) Where approval is obtained from the Minister of the Korea Forest Service pursuant to Article 2 of the Addenda, the Korea Green Project Association shall be deemed dissolved simultaneously with the enforcement of this Act, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation of corporations.
(2) All property, rights, and duties of the Korea Green Project Association shall be generally succeeded respectively by the Korea Forest Welfare Promotion Institute and the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda. In such cases, the value of the property succeeded by the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute shall be its book value as at the time of the succession.
(3) The former employees of the Korea Green Project Association shall be deemed the employees of the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda; and the former executive officers of the Korea Green Project Association shall be deemed to retire ipso facto on the date this Act enters into force.
(4) The name of the Korea Green Project Association recorded in the register or any other public register shall be deemed the name of the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute simultaneously with the enforcement of this Act, in accordance with a resolution of the board of directors approved by the Minister of the Korea Forest Service under Article 2 of the Addenda.
(5) Acts performed by the Korea Green Project Association, prior to this Act entering into force, shall be deemed acts performed by the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute; and acts performed against the Korea Green Project Association, prior to this Act entering into force, shall be deemed acts performed against the Korea Forest Welfare Promotion Institute or the Korea Forestry Promotion Institute.
Article 4 Omitted.
ADDENDUM <Act No. 14360, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That amended Articles 34, 35 (1), and 36-2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14987, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 14, 19, 36, 36-2, and 38 shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Permission for, Reporting, etc. on Felling Standing Timber, etc.)
(1) The amended provisions of Article 14 (4) and (5) shall begin to apply to the first report on felling standing timber, etc. under a forest management plan filed after this Act enters into force.
(2) The amended provisions of Article 19 (6) and (7) shall begin to apply to the first report on felling timber, etc. for forest-tending in a forest for seed collection, etc. filed after this Act enters into force.
(3) The amended provisions of Article 36 (5) and (6) shall begin to apply to the first application for permission for, or report on, felling standing timber, etc. in a forest (excluding forests for seed collection, etc. designated pursuant to Article 19 and forest protection zones designated Article 7 of the Forest Protection Act) filed after this Act enters into force.
(4) The amended provisions of Article 38 (8) and (9) shall begin to apply to the first report on a business, which requires felling of standing timber, etc, in a corporate forest management zone, filed after this Act enters into force.
ADDENDA <Act No. 15080, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 16198, Jan. 8, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16 (3) 6, 23-2 (1) 3, 24 (1), 24 (7) 6, 28 (4) 6, 58 (4) 4, 67, and 77 (1) 8 shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17015, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25 (5) shall enter into force six months after the date of the promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the following subparagraphs shall enter into force on the dates specified in each subparagraph:
1. and 2: Omitted;
3. Article 4 (44) and (62) of the Addenda: August 28, 2020;
4. Omitted.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17320, May 26, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17420, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 18882, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Report to National Assembly)
The amended provisions of Article 6-2 (7) shall apply from the afforestation plan formulated after this Act enters into force.
ADDENDA <Act No. 19117, Dec. 27, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Agency for Management of Forest Projects)
The institutions or organizations which have entered into a business agreement with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as at the time this Act enters into force on the proxy management of forest projects for public or private forests, and which are performing the duties of managing forest projects on their behalf, shall be deemed a management agent under the amended provisions of Article 23-4.
Article 3 Omitted.
ADDENDA <Act No. 19409, May 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 19415, May 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 9 of the Addenda shall enter into force on June 28, 2023.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 19488, Jun. 20, 2023>
This Act shall enter into force six months after the date of its promulgation.