Act No. 19636, Aug. 16, 2023
| Article 1 (Purpose) |
| Article 2 (Definitions) |
| 1. | "Developing country" refers to a country defined in subparagraph 2 of Article 2 of the Framework Act on International Development Cooperation; |
| 2. | "Reducing Emissions from Deforestation and Forest Degradation Plus (REDD+)" refers to greenhouse gas emissions reducing activities, forest conservation activities, sustainable forest management, and activities of promoting carbon accumulation to prevent deforestation and forest degradation in developing countries; |
| (a) | Project on the prevention of deforestation; |
| (a) | Projects on the prevention of deforestation; |
| (b) | Project on the prevention of forest degradation; |
| (c) | Projects on the prevention of deforestation; |
| (d) | Projects on the sustainable forest management; |
| (e) | Projects on the enhancement of forest carbon sink; |
| (f) | Projects on new afforestation pursuant to subparagraph 2 of Article 2 of the Act on the Management and Improvement of Carbon Sink; |
| (g) | Projects on reforestation pursuant to subparagraph 3 of Article 2 of the Act on the Management and Improvement of Carbon Sink; |
| 4. | "REDD+ project operator" means a person who has reported a business plan for REDD+ pursuant to Article 9. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall encourage public institutions, private organizations and companies, and citizens to autonomously and actively carry out REDD+ activities and implement necessary policy measures. |
| (2) | The State and local governments shall consider the principles under the Paris Agreement and related international norms to implement and revitalize REDD+. |
| (3) | The State and local governments shall endeavor to utilize the REDD+ project performances to achieve national greenhouse gas reduction targets and carbon neutrality. |
| (4) | REDD+ project operators (hereinafter referred to as "project operators") shall endeavor to reduce greenhouse gases and enhance carbon sinks in the forests in developing countries. |
| Article 4 (Relationships to Other Acts) |
| Article 5 (Formulation of REDD+ Master Plan) |
| (1) | In order to efficiently achieve the purpose of this Act, the Minister of the Korea Forest Service shall establish and implement an REDD+ master plan (hereinafter referred to as "master plan") every 5 years. |
| (2) | A master plan shall include the following: |
| 1. | Goals and basic direction-settings for REDD+; |
| 2. | Matters pertaining to the domestic and international conditions and prospects for REDD+; |
| 3. | Matters related to the information and compilation of the statistics on REDD+; |
| 4. | Matters related to the evaluation and monitoring of REDD+; |
| 5. | Matters related to the development and distribution of REDD+ technology; |
| 6. | Matters related to international cooperation to promote REDD+; |
| 7. | Other matters necessary to promote REDD+, such as research and development, training of professional manpower, financing, education and promotion. |
| (3) | When establishing or changing a master plan, the Minister of the Korea Forest Service shall consult in advance with the heads of relevant central administrative agencies and the heads of local governments, and finalize them after deliberation by the Carbon Sinks Promotion Committee under Article 7 of the Act on the Management and Improvement of Carbon Sink: provided, no deliberation is required in the cases of modifications of minor matters prescribed by Presidential Decree. |
| (4) | The Minister of the Korea Forest Service may request the heads of relevant central administrative agencies, local governments, and public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply) to submit data. In this case, the head of an institution requested to submit data shall comply therewith unless there are special reasons not to do so. |
| (5) | Other necessary matters concerning the procedures for the formulation and modification of the master plan and the content thereof shall be prescribed by Presidential Decree. |
| Article 6 (Formulation and Implementation of Annual Action Plans) |
| (1) | In order to effectively implement the master plan, the Minister of the Korea Forest Service shall formulate and implement an annual action plan (hereinafter referred to as "action plan") that includes the following matters, and check the status of its implementation: |
| 1. | Detailed promotion plan for REDD+ for each country; |
| 2. | Matters related to improving the laws and systems related to REDD+; |
| 3. | Other matters necessary to support and revitalize REDD+ in the relevant planning year. |
| (2) | The procedures and methods of formulating an action plan shall be prescribed by Presidential Decree. |
| Article 7 (Report to the National Assembly) |
| (1) | When the Minister of the Korea Forest Service formulates a master plan, he or she shall report it to the competent standing committee of the National Assembly without delay. |
| (2) | The Minister of the Korea Forest Service shall report the results of check-up and evaluation of the implementation performance of the previous year's action plan and the corresponding year's action plan to the competent standing committee of the National Assembly by June 30 of each year. |
| (3) | When establishing a master plan or action plan, the Minister of the Korea Forest Service shall respect the opinions of the relevant standing committee of the National Assembly as much as possible. |
| Article 8 (Fact-Finding Survey on REDD+) |
| (1) | The Minister of the Korea Forest Service may investigate the current status and actual conditions of the following matters or compile the statistics thereon (hereinafter referred to as "factual survey, etc.") for the formulation and implementation of the master plans and action plans: |
| 1. | Current status of domestic and international initiatives and technology development related to REDD+; |
| 2. | Scale and trends of investment in the public and private sectors home and abroad related to REDD+; |
| 3. | Current status of measurement and monitoring of greenhouse gas reductions related to REDD+; |
| 4. | Current status of systems and implementation capabilities related to REDD+ in developing countries; |
| 5. | Other matters necessary for the formulation and implementation of the master plans and action plans. |
| (2) | If necessary for a fact-finding survey, etc., the Minister of the Korea Forest Service may request the heads of relevant central administrative agencies, heads of local governments, heads of public institutions, heads of related institutions and organizations, etc. to provide necessary data and information. In such cases, a person requested to provide data and information shall comply therewith unless there is a justifiable reason not to do so. |
| (3) | The Minister of the Korea Forest Service may announce the results of fact-finding surveys, etc. |
| (4) | Matters necessary for the methods and procedures for fact-finding surveys, etc. under paragraph (1) and announcement, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
| (2) | If necessary for the fact-finding survey, etc., the Minister of the Korea Forest Service may request the heads of relevant central administrative agencies, heads of local governments, heads of public institutions, heads of related institutions and organizations, etc. to provide necessary data and information. In such cases, a person requested to provide data and information shall comply therewith unless there is a justifiable reason not to do so. |
| (1) | Project operators shall report their plans for REDD+ projects to the Minister of the Korea Forest Service as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. The same shall apply if they intend to change the reported matters. |
| (2) | Upon receipt of a report or a modified report under paragraph (1), the Minister of the Korea Forest Service shall review the details thereof and notify the relevant project operator of whether the report has been accepted within 30 days from the date of receiving the report or modified report. |
| (3) | If the Minister of the Korea Forest Service fails to notify the relevant project operator of the acceptance of the report or the extension of the processing period pursuant to the statues and regulations governing the handling of civil petitions within the period specified in paragraph (2), the report or modified report shall be deemed accepted on the day immediately following the end of the relevant period (if the processing period is extended or re-extended pursuant to the statues and regulations governing civil complaint processing, referring to the relevant processing period). |
| (4) | The Minister of the Korea Forest Service may request necessary data from the relevant project operator in order to accept a report or modified report pursuant to paragraph (2). In this case, a project operator who has received the request shall comply with it unless there are special reasons not to do so. |
| (5) | Necessary matters such as reporting procedures under paragraph (1), notification of acceptance of a report under paragraph (2), request for data under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 10 (Support for REDD+ Project Operators) |
| (1) | The Minister of the Korea Forest Service and the heads of local governments (hereinafter referred to as "Minister of the Korea Forest Service, etc.") may implement policy measures such as strengthening the systems and implementation capabilities of developing countries that are the target of the project, developing markets, providing information, and business consultation, in order to revitalize REDD+ projects. |
| (2) | If a project operator carries out business that falls under any of the following subparagraphs in order to create a foundation for REDD+ projects, the Minister of the Korea Forest Service, etc. may subsidize the business to cover all or part of the costs incurred within budgetary limit: |
| 1. | Development and dissemination of technology for REDD+; |
| 2. | Other business prescribed by Presidential Decree to create a foundation for REDD+ projects. |
| (3) | Necessary matters regarding the objects, methods, procedures, etc. of support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 11 (Management and Supervision Obligation of Project Operators) |
| (1) | A project operator shall take necessary measures, such as management and supervision, to minimize deforestation and forest degradation, without violating internationally agreed methodologies and international norms, when carrying out projects specified in each item of subparagraph 3 of Article 2. |
| (2) | The Minister of the Korea Forest Service may investigate whether a project operator complies with the management and supervision obligations under paragraph (1). |
| Article 12 (REDD+ Support Center) |
| (1) | The Minister of the Korea Forest Service may establish and operate an REDD+ Support Center (hereinafter referred to as "Support Center") overseas, if it is necessary for revitalizing REDD+ projects and support project operators. |
| (2) | The Support Center shall perform the following duties: |
| 1. | Discovery and implementation of REDD+ projects; |
| 2. | Evaluation and monitoring of REDD+ projects; |
| 3. | Consultation and support for REDD+ projects; |
| 4. | Education, public relations, and training of professional human resources related to REDD+ projects; |
| 5. | Other projects necessary for the effective implementation of REDD+ projects. |
| (3) | The Minister of the Korea Forest Service may subsidize the Support Center to cover all or part of the operating costs within budgetary limit. |
| (4) | Matters necessary for the establishment and operation of the Support Center shall be prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. |
| Article 13 (Operating Standards for REDD+ Projects) |
| (1) | For the purpose of application to the REDD+ project, the Minister of the Korea Forest Service shall formulate the operating standards in compliance with the Paris Agreement and related international norms (hereafter referred to as "operational standards" in this Article) and publicly notify it after deliberation by the Carbon Sinks Promotion Committee under Article 7 of the Act on the Management and Improvement of Carbon Sink. In this case, the same shall apply when modifying the publicly notified matters. |
| (2) | Matters concerning the content and procedures of the operating standards shall be prescribed by Presidential Decree. |
| Article 14 (Research and Development and Promotion of Use and Distribution of Technology) |
| (1) | The Minister of the Korea Forest Service may conduct research and development for the implementation and evaluation of REDD+ projects or entrust research and development to public institutions, research institutes, universities, etc. |
| (2) | If the research and development outcomes under paragraph (1) are recognized as excellent, the Minister of the Korea Forest Service shall formulate and implement policy measures to promote the dissemination and use of related technology. |
| (3) | The methods and procedures for entrusting research and development under paragraph (1) and matters necessary for formulating policy measures under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 15 (Plan for Training of Professionals) |
| 1. | Analysis of supply and demand of specialized personnel and development of human resources related to REDD+ projects; |
| 2. | Strengthening cooperation with the academia, industry, and public institutions to foster professional manpower related to REDD+ projects. |
| Article 16 (Training of Professional Manpower) |
| Article 17 (Promotion of International Cooperation and Support) |
| 1. | Maintaining and strengthening the cooperation system with international organizations, etc.; |
| 2. | Survey and research for international cooperation; |
| 3. | Fostering and exchange of international cooperation experts; |
| 4. | Support for international cooperation activities in the private sector; |
| 5. | Other projects prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs as necessary to promote international cooperation in the forestry field. |
| Article 18 (Establishment of KOREDD) |
| (1) | In order to develop the field of REDD+, project operators may establish the Korea REDD+ Association (hereinafter referred to as the "KOREDD+" in this Article) with approval from the Minister of the Korea Forest Service. |
| (2) | The KOREDD+ shall be a corporation. |
| (3) | The KOREDD+ shall perform the following affairs: |
| 1. | Collection and analysis of data and information on REDD+ projects; |
| 2. | Promotion of cooperation in the private sector to promote REDD+ projects; |
| 3. | Research and suggestion for improvement of the systems related to REDD+ projects; |
| 4. | Education and promotion related to REDD+ projects; |
| 5. | Other affairs prescribed by the articles of incorporation to achieve the purpose of establishment of the KOREDD+. |
| (4) | Matters concerning the qualifications of membership and executive officers of KOREDD+ shall be determined by the articles of incorporation, and other matters to be included in the articles of incorporation and matters necessary for operation and supervision shall be prescribed by Presidential Decree. |
| (5) | Except as provided in this Act, the provisions of the Civil Act regarding incorporated associations shall apply |
| Article 19 (Reporting and Inspection) |
| (1) | When the Minister of the Korea Forest Service deems it necessary to carry out the matters stipulated in this Act, he/she may request the Support Center or a project operator receiving support under this Act to report on matters related to REDD+ projects or submit necessary data. |
| (2) | When the Minister of the Korea Forest Service deems it necessary to carry out the matters stipulated in this Act, he/she shall direct the relevant public officials to enter the Support Center or the offices, workplace or other necessary places of the project operators receiving support under this Act to inspect relevant documents, facilities and equipment. In such cases, the relevant public officials shall carry a certificate indicating their authority and present it to the relevant person. |
| Article 20 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Korea Forest Service may delegate part of his/her authority vested under this Act to the head of a local government or the head of an affiliated agency, as prescribed by Presidential Decree. |
| (2) | The Minister of the Korea Forest Service may entrust part of the affairs mandated by this Act to the related institutions or organizations, such as the Korea Forestry Promotion Institution under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act, as prescribed by Presidential Decree. |
| Article 21 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 2. | Executive officers and employees of the related institutions or organizations who are engaged in the affairs entrusted by the Minister of the Korea Forest Service pursuant to Article 20 (2). |