Law Viewer

Back Home

ENFORCEMENT DECREE OF THE FOREST EDUCATION PROMOTION ACT

Presidential Decree No. 33858, Nov. 16, 2023

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Forest Education and those necessary for the enforcement thereof.
 Article 2 (Changes in Comprehensive Forest Education Plan)
"Minor matters prescribed by Presidential Decree" in the proviso of Article 4 (2) of the Forest Education Promotion Act (hereinafter referred to as the "Act") refers to matters specified in Article 4 (1) 4 and 7 of the Act.
 Article 3 (Scope of Fact-Finding Survey)
The scope of the fact-finding survey under Article 5 (1) of the Act shall be as follows: <Amended on Aug. 14, 2018>
1. Operational status of the training institutions for forest education specialists designated pursuant to Article 7 (1) of the Act;
2. Current status of distribution and operation of forest education programs certified in accordance with Article 8 (3) of the Act;
3. Status of issuance of the certificate of qualification for forest education specialists pursuant to Article 10 (1) of the Act and the status of placement of forest education specialists pursuant to paragraph (6) of that Article;
4. Operational status of facilities, personnel, etc. of a forest visitor center for little children registered pursuant to Article 12 (2) of the Act;
5. Operational status of forest education centers established or designated pursuant to Article 13 (1) of the Act;
6. Facility, business and operation status of the Green Rangers established pursuant to Article 16 (1) of the Act;
7. Other matters necessary for forest education.
 Article 4 (Deliberation and Composition of Forest Education Council)
(1) "Matters prescribed by Presidential Decree" in Article 6 (1) 6 of the Act refers to matters necessary for the promotion of forest education, which are submitted by the chairperson of the Forest Education Council (hereinafter referred to as “the chairperson”) under Article 6 (1) of the Act (hereinafter referred to as "the Council") for deliberation by the Council.
(2) The members of the Council (hereinafter referred to as "members") shall be the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. A person nominated by the head of the relevant agency among public officials of level 4 or higher belonging to the Ministry of Education, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Employment and Labor, and the Ministry of Gender Equality and Family;
2. A person nominated by the Administrator of the Korea Forest Service from among public officials or researchers of grade 4 or higher belonging to the Korea Forest Service;
3. A person commissioned by the chairperson from among those with abundant knowledge and experience in forest education.
(3) The term of office of the members of the Council appointed pursuant to paragraph (2) 3 shall be 2 years.
(4) The Council shall have one executive secretary to handle its administrative affairs, and the executive secretary shall be appointed by the chairperson from among public officials belonging to the Korea Forest Service.
 Article 5 (Operation of Council)
(1) The chairperson shall represent the Council and exercise overall control of its business affairs.
(2) If the chairperson is unable to perform his or her duties due to unavoidable reasons, a member designated in advance by the chairperson shall perform the duties on his or her behalf.
(3) The chairperson shall convene the meetings of the Council and preside over such meetings.
(4) A majority of the Council members shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(5) If the chairperson deems it necessary in relation to the deliberation by the Council, he or she may invite interested persons or experts in the relevant field to attend and hear their opinions.
(6) The Council members attending the Council may be paid allowances, etc. within the budget: provided, this shall not apply if a member who is a public official attends the meeting in direct connection with his or her official duties.
(7) Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for operating the Council shall be determined by the chairperson through a resolution by the Council.
 Article 6 (Exclusion, Challenge, or Refusal of the Council)
(1) If a member of the Council falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution of the relevant agenda:
1. If a member or his or her spouse or former spouse is a party to the relevant agenda (if the party is a corporation, organization, etc., its executive officers are included; hereinafter the same shall apply in this subparagraph and subparagraph 2), or is a joint right holder or joint obligor with the party to the relevant agenda;
2. If a member of the Council is or was a relative of the party to the relevant agenda;
3. If a member of the Council provides testimony, statement, advice, services, or conducts research or appraisal regarding the relevant agenda;
4. If a member of the Council or the corporation or organization to which the member belongs is or was an agent of the party to the relevant agenda;
5. If a member of the Council is or has been affiliated with a company or organization, etc. related to the relevant agenda within the past 3 years;
6. If a member is involved in a disposition or omission that caused the relevant agenda.
(2) If there are circumstances in which it is difficult to expect fair deliberation and resolution from a member of the Council, a party may file a request for challenge to the Council, and the Council shall decide on the matters by resolution. In this case, the member who is the subject to the application for challenge shall not participate in the decision.
(3) If a member falls under any of the grounds for exclusion under each subparagraph of paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution of the relevant agenda.
 Article 7 (Dismissal of Council Members)
If a member of the Council falls under any of the following subparagraphs, the chairperson may dismiss the member or cancel the appointment:
1. If the member becomes unable to perform his or her duties due to any mental or physical disorder;
2. If the member is deemed unfit as a member of the Council due to neglect of his or her duties, injury to dignity, or other reasons;
3. If the member fails to recuse himself or herself despite falling under any subparagraph of Article 6 (1).
 Article 8 (Appointment of Expert Members)
The chairperson may appoint any of the following persons as an expert member of the Council in accordance with Article 6 (4) of the Act: <Amended on Nov. 18, 2015; Aug. 9, 2022>
1. A person who has worked in a forest-related research institute of the State or a local government for at least 5 years or has served as a public official in the forest area for at least 5 years;
2. A person who has obtained a master's degree or higher in a field related to the forestry, labor, social policy, or education and has more than 5 years of practical experience in the relevant field (including practical experience prior to obtaining a degree);
3. A person with specialized knowledge in forest education, such as forest interpretation, children's forest, forest trail experience, and wood education, who has more than 5 years of practical experience in the relevant field.
 Article 9 (Criteria and Procedures for Designation of Training Institutions for Forest Education Specialists)
(1) The standards for designation of a training institution for forest education specialists pursuant to Article 7 (1) of the Act are as shown in Appendix 1.
(2) The Administrator of the Korea Forest Service shall publicly announce matters regarding the designation plan and application period for the training institutions of forest education specialists pursuant to Article 7 (1) of the Act on the website of the Korea Forest Service at least once a year.
(3) Any person who wishes to be designated as a training institution for forest education specialists pursuant to Article 7 (1) of the Act shall apply for designation to the Administrator of the Korea Forest Service as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(4) Upon receipt of an application under paragraph (3), the Administrator of the Korea Forest Service shall determine whether to designate it after deliberation by the Committee.
(5) If the Administrator of the Korea Forest Service determines that supplementation or improvement is necessary for the applicant to satisfy the designation standards under paragraph (1), he or she may request the applicant for designation to make supplementation or improvement, and the person who receives a request for supplementation or improvement shall submit the details of supplementation or improvement to the Administrator of the Korea Forest Service within 14 days.
(6) When the Administrator of the Korea Forest Service designates a training institution for forest education specialists, he or she shall issue a letter of designation prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs to the applicant. <Amended on Mar. 23, 2013>
 Article 10 (Cancellation of Designation of Training Institutions for Forest Education Specialists)
(1) "If ... violates any provision prescribed by Presidential Decree" in Article 7 (2) 3 of the Act means any of the following cases: <Amended on Dec. 16, 2021>
1. If a specialized forest education course is not opened within 1 year after being designated as a training institution for forest education specialists pursuant to Article 7 (1) of the Act, or the forest education specialist training institution is not operated for 1 year or longer;
2. If a specialized forest education course is operated in a place other than a designated educational facility or is operated differently from the designated curriculum;
3. If he or she fails to comply with an order to submit a report or submit data under Article 18 of the Act without any justifiable grounds or has complied with the order falsely, or if he or she refuses, evades, or obstructs an inspection;
4. If it is judged that a training institution for forest education specialists has been operated poorly intentionally or by gross negligence.
(2) Detailed criteria for the cancellation of designation of a training institution for forest education specialists and issuing a corrective order pursuant to Article 7 (2) of the Act are as set forth in Appendix 1-2. <Added on Dec. 16, 2021>
[Title Amended on Dec. 16, 2021]
 Article 11 (Change in Certification of Forest Education Program)
"Minor matters prescribed by Presidential Decree" in the proviso of Article 9 (1) of the Act means the following matters that do not impede the achievement of the operational purpose of a certified forest education program:
1. Name of a person who received the certification (name of the representative in case of a corporation) and address;
2. Number of trainees and public relation plan for the operation of forest education programs;
3. Other matters deemed minor by the Administrator of the Korea Forest Service.
 Article 12 (Standards for Placement of Forest Education Specialists)
The standards for placement of forest education specialists pursuant to Article 10 (6) of the Act are as shown in Appendix 2.
 Article 13 (Standards and Details of Registration of Forest Visitor Centers for Little Children)
(1) The registration standards for the Forest Visitor Centers for Little Children pursuant to Article 12 (1) of the Act (hereinafter referred to as the "Children's Forest Experience Center") are as set forth in Appendix 3.
(2) "Matters prescribed by Presidential Decree" in the parts, with the exception of the subparagraphs, of Article 12 (2) of the Act means the following matters:
1. Name of the representative or corporation of the Forest Visitor Centers for Little Children;
2. Land specification and facility status of the Forest Visitor Centers for Little Children;
3. Recruitment status of children's forest instructors.
(3) Pursuant to Article 12 (4) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, or Special Self-Governing City Mayor (hereinafter referred to as "Mayor/Do Governor") may relieve the following standards by up to 60 percent and set them by ordinance: <Added on Aug. 14, 2018; Nov. 16, 2023>
1. Standards for the size of the Forest Visitor Centers for Little Children in accordance with subparagraph 2 (a) of Appendix 3;
2. Standards for the number of children's forest instructors in accordance with item ii) and iii) of subparagraph 4 of the Appendix 3.
 Article 14 (Procedures for Registration and Modified Registration of Forest Visitor Centers for Little Children)
(1) A person who wishes to register or modify the registration of Forest Visitor Center for Little Children pursuant to Article 12 (2) and (5) of the Act shall apply for the registration or modified registration of Forest Visitor Center for Little Children to the Administrator of the Korea Forest Service or a City/Do Governor. <Amended on Aug. 14, 2018>
(2) If a person who has applied for the registration of the Forest Visitor Centers for Little Children pursuant to paragraph (1) satisfies all the registration standards under Article 13 (1), the Administrator of the Korea Forest Service or the Mayor/Do Governor shall issue a registration certificate as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) Except as otherwise provided for in paragraphs (1) and (2), necessary details regarding the application procedures and methods for the registration and modified registration of the Forest Visitor Centers for Little Children shall be determined by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 15 (Subjects of Designation as Forest Education Center)
In Article 13 (1) of the Act, “institution or organization prescribed by Presidential Decree” means any of the following institutions or organizations: <Amended on Jul. 20, 2015; Jul. 30, 2019; Dec. 16, 2021>
1. Educational institution belonging to the State or local government;
2. A forestry university established pursuant to Article 4 of the Higher Education Act;
3. A non-profit corporation established pursuant to Article 32 of the Civil Act;
 Article 16 (Standards and Procedures for Designation of Forest Education Centers)
(1) The criteria for designation of a forest education center pursuant to Article 13 (1) of the Act are as shown in Appendix 4.
(2) Any person who wishes to be designated as a forest education center pursuant to Article 13 (1) of the Act shall apply for designation to the Administrator of the Korea Forest Service as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The Administrator of the Korea Forest Service who has received an application under paragraph (2) shall decide whether to designate it after deliberation by the Council.
(4) If the Administrator of the Korea Forest Service determines that supplementation or improvement is necessary to meet the designation standards under paragraph (1), he or she may request supplementation or improvement from the person who applied for designation, and the person requested for supplementation or improvement shall submit the details of supplement or improvement within 14 days to Administrator of the Korea Forest Service.
(5) When the Administrator of the Korea Forest Service designates a forest education center, he or she shall issue a letter of designation prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs to the applicant, and publicly announce the fact on the Korea Forest Service's website, etc. <Amended on Mar. 23, 2013>
 Article 17 (Order for Correction and Suspension of Operation)
The Administrator of the Korea Forest Service or a Mayor/Do Governor may issue an order for correction or operational suspension for a period up to 6 months to a person who has filed for the registration of a Forest Visitor Center for Little Children or who has been designated as a forest education center pursuant to Article 15 (2) of the Act, as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 18 (Delegation and Entrustment of Authority and Duties)
(1) Pursuant to Article 22 (1) of the Act, the Administrator of the Korea Forest Service may delegate the following authority to the head of the Regional Forest Service, and the Mayor/Do Governor shall delegate the following authority to the head of a Si/Gun/Gu, respectively: <Amended on Aug. 14, 2018>
1. Registration and modified registration of the Forest Visitor Center for Little Children pursuant to Article 12 (2) and (5) of the Act;
2. Cancellation of registration of a Forest Visitor Center for Little Children pursuant to Article 14 (1) of the Act;
3. Guidance and orders and the orders for correction or operational suspension to persons who have registered for the Forest Visitor Center for Little Children pursuant to Article 15 (1) and (2) of the Act;
4. Issuing an order for submission of a report or data to the head of Forest Visitor Center for Little Children under Article 18 of the Act, and an inspection thereof;
5. Hearing regarding the cancellation of registration of the Forest Visitor Center for Little Children pursuant to subparagraph 4 of Article 21 of the Act;
6. Imposition and collection of administrative fines on the Forest Visitor Center for Little Children pursuant to Article 26 (1) and Article 26 (2) 3 through 5 of the Act.
(2) The Administrator of the Korea Forest Service or a Mayor/Do Governor may entrust the following duties to a related corporation or organization pursuant to Article 22 (2) of the Act: <Amended on Dec. 16, 2021>
1. Fact-finding survey on the current status of forest education, etc. pursuant to Article 5 (1) of the Act;
2. Receipt of an application for the certification of a forest education program pursuant to the main clause of Article 8 (2) of the Act and confirmation of the details of application;
3. Issuance of a forest education specialist certificate pursuant to Article 10 (1) of the Act;
4. Operation and management of the Forest Visitor Center for Little Children pursuant to Article 12 (1) of the Act;
5. Operation and management of the forest education center under Article 13 (1) of the Act;
6. Receipt of an application for designation as a training institution for forest education specialists pursuant to Article 9 (3) and confirmation of details of application.
(3) When the Administrator of the Korea Forest Service or a Mayor/Do Governor has entrusted work pursuant to paragraph (2), he or she shall give a public notice thereof.
 Article 19 (Management of Personally Identifiable Information)
The Administrator of the Korea Forest Service or a Mayor/Do Governor (including a person delegated or entrusted with the authority of the Administrator of the Korea Forest Service or a Mayor/Do Governor pursuant to Article 22 of the Act or Article 18 of this Decree) may process data containing resident registration numbers pursuant to subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable to perform the following affairs:
1. Administrative affairs related to the designation of a training institution for forest education specialists under Article 7 of the Act;
2. Administrative affairs related to the development, distribution and certification of forest education programs under Article 8 of the Act;
3. Administrative affairs related to the issuance of forest education specialist certification under Article 10 of the Act;
4. Affairs related to the registration and modified registration of the Forest Visitor Centers for Little Children pursuant to Article 12 of the Act;
5. Affairs related to the designation of forest education centers under Article 13 of the Act;
6. Affairs related to issuing orders, etc. for the correction or the operational suspension pursuant to Article 15 of the Act.
 Article 19-2 (Re-Examination of Regulation)
The Administrator of the Korea Forest Service shall review the appropriateness of the following matters every three years (referring to the period that ends before the same day as the base date of every third year) based on the base date referred to in each of the following subparagraphs and take measures such as improvement: <Amended on Dec. 30, 2016>
1. Criteria for designation of the training institutions for forest education specialists pursuant to Article 9 (1) and Appendix 1: January 1, 2017;
2. Cancellation of designation of a training institution for forest education specialists under Article 10: January 1, 2017;
3. Criteria for registration of the Forest Visitor Centers for Little Children in accordance with Article 13 (1) and Appendix 3: January 1, 2017;
4. A person subject to designation of a forest education center under Article 15: January 1, 2017;
5. Criteria for designation of forest education center in accordance with Article 16 (1) and Appendix 4: January 1, 2017.
[This Article Added on Dec. 9, 2014]
 Article 20 (Criteria for Imposing Administrative Fines)
The criteria for imposition of administrative fines under Article 26 (1) and (2) of the Act are as shown in Appendix 5.
ADDENDA <Presidential Decree No. 23984, Jul. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2012.
Article 2 Omitted.
Article 3 (Relationship to other Statutes and Regulations)
If the provisions of the Enforcement Decree of the Forestry Culture and Recreation Act are cited in other statues or regulations at the time of enforcement of this Decree, if there are any corresponding provisions in this Decree, the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 24452, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25610, Sep. 18, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: provided, the amended provisions of any Presidential Decree that were promulgated before this Decree enters into force, but the enforcement date of which has yet to arrive, among the Presidential Decrees amended under Article 5 of the Addenda, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26416, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 26645, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Designation of Training Institutions for Forest Education Specialist)
(1) Institutions designated as the training institutions for forest education specialists pursuant to Article 7 (1) of the Act at the time of enforcement of this Decree shall meet the standards for designation of training institutions for forest education specialists pursuant to the amended provisions of subparagraph 2 of Appendix 1 by January 1, 2016.
(2) Specialized forest education courses operated pursuant to subparagraph 2 of Appendix 1 at the time this Decree enters into force shall be deemed specialized forest education courses operated pursuant to the amended provisions of subparagraph 2 of Appendix 1.
(3) A person who has completed a specialized forest education course pursuant to subparagraph 2 of the previous Appendix 1 before this Decree enters into force shall be deemed to have completed a specialized forest education course pursuant to the amended provisions of subparagraph 2 of Appendix 1.
ADDENDA <Presidential Decree No. 27751; Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: provided, the amended provisions of Presidential Decree, which were promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, among the Presidential Decree amended by Article 8 of this Addenda, shall enter into force on the date of each enforcement date of this Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29093, Aug. 14, 2018>
This Decree shall enter into force on August 22, 2018.
ADDENDUM <Presidential Decree No. 30011, July 30, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31739, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2021.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32226, Dec. 16, 2021>
This Decree shall come into effect on the date of its promulgation: provided, the amended provisions of Article 10 (2) and Appendix 1-2 shall enter into force on December 16, 2021.
ADDENDUM <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Dispositions, Penalty Surcharges, or Administrative Fines)
The amended provisions of Articles 1 through 61 shall also apply to the cases where any administrative dispositions, penalty surcharges, or administrative fines are made or imposed after this Decree enters into force for any violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.