| (2) | "Matters prescribed by Presidential Decree" in subparagraph 2 (d) of Article 2 of the Act means the following matters: |
| 1. | Matters pertaining to the feasibility study of forestry technology; |
| 2. | Matters related to forestry technology information processing using the information and communication systems; |
| 3. | Matters regarding the analysis of forest project processes and the estimation of unit costs (referring to the estimation of costs required per unit for project implementation). |
| (3) | "Institutions and organizations prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following institutions and organizations: <Amended on Dec. 16, 2021> |
| 3. | National or local government-funded institutions; |
| 5. | A project implementer under the Act on Public-Private Partnerships in Infrastructure (including a person who has invested at least half of the project implementer‘s capital and has been entrusted with the implementation of the project, but limited to the one who has received approval from the head of the relevant central administrative agency to become the contracting authority). |
| Article 3 (Formulation of Forestry Technology Promotion Plans) |
| (1) | When the Administrator of the Korea Forest Service intends to formulate or amend the forestry technology promotion plan (hereinafter referred to as the "promotion plan") pursuant to Article 3 (1) and (3) of the Act, he/she shall consult in advance with the heads of the relevant central administrative agencies or the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Provincial Governor (hereinafter referred to as "Mayors/Do Governors"): Provided, That this shall not apply in cases where minor matters prescribed by the Ministerial Decree of Agriculture, Food and Rural Affairs are to be amended. |
| (2) | The Administrator of the Korea Forest Service may request the heads of relevant central administrative agencies or the Mayor/Do Governor to provide necessary data and cooperation for the formulation and implementation of the promotion plan. |
| (3) | When the Administrator of the Korea Forest Service formulates or modifies a promotion plan pursuant to Article 3 (1) and (3) of the Act, he/she shall publicly notify the details in the Official Gazette and notify the head of the relevant central administrative agency and the Mayor/Do Governor. |
| Article 4 (Designation of Specialized Institution for Forestry Technology Development) |
| (1) | The criteria for designation of a specialized institution for forestry technology development under Article 4 (2) of the Act (hereinafter referred to as "specialized institution for forestry technology development") shall be as specified in Appendix 1. <Amended on Dec. 16, 2021> |
| (2) | Any person who wishes to be designated as a specialized institution for forestry technology development pursuant to Article 4 (2) 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 Dec. 16, 2021> |
| (3) | When the Administrator of the Korea Forest Service designates a specialized institution for forestry technology development pursuant to Article 4 (2) of the Act, he/she shall issue a certificate of designation as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs and publicly announce the details thereof on the website of the Korea Forest Service. <Amended on Dec. 16, 2021> |
| (4) | Detailed criteria for an order to take corrective measures and for revocation of the designation of a specialized institution for forestry technology development pursuant to Article 4 (5) and (6) of the Act are as set forth in Appendix 1-2. <Added on Dec. 16, 2021> |
| (5) | If the Administrator of the Korea Forest Service issues a corrective order or revokes the designation pursuant to Article 4 (5) or (6) of the Act, he or she shall publicly announce the details on the website of the Korea Forest Service. <Added on Dec. 16, 2021> |
| Article 5 (Establishment of Forestry Technology Information System) |
In Article 6 (2) 7 of the Act, "matters ... prescribed by Presidential Decree" means the following matters: | 1. | Information on education and training of forest engineers pursuant to Article 7 (2) of the Act; |
| 2. | Information on the measurement of substandard forest projects and the imposition of penalty points pursuant to Article 24 of the Act; |
| 4. | Information on the safety management and safety education of forest projects pursuant to Articles 26 and 27 of the Act; |
| 5. | Other matters deemed necessary by the Administrator of the Korea Forest Service to manage forestry technology and forest engineers. |
| Article 6 (Entrustment of Establishment and Operation of Forestry Technology Information System) |
In Article 6 (5) of the Act, "corporation, organization or institution prescribed by Presidential Decree" means any of the following corporations, organizations or institutions: <Amended on Dec. 16, 2021> | 1. | Specialized institutions for forestry technology development; |
| 2. | Forest engineer training institutions designated in accordance with the main clause, with the exception of the subparagraphs, of Article 7 (4) of the Act; |
| 3. | The Korea Forest Engineer Association under Article 13 of the Act (hereinafter referred to as "TKFEA"). |
| Article 7 (Scope of Forest Engineers Subject to Education and Training) |
In Article 7 (2) of the Act, "forest engineers prescribed by Presidential Decree" means forest engineers who belong to and work for an institution, organization, or business entity that falls under any of the following subparagraphs: | 1. | A forestry technology service provider; |
| Article 8 (Designation of Forest Engineer Training Institutions) |
| (1) | In the main clause, with the exception of the subparagraphs of, Article 7 (4) of the Act, "institutions or organizations related to forestry technology prescribed by Presidential Decree" means the following institutions or organizations: |
| 3. | A non-profit corporation established under the Civil Act or any other statutes that offers training courses related to forestry technology; |
| 4. | Academic societies, institutions or organizations that conduct research and work related to forestry technology. |
| (2) | The standards for designation of educational institutions for forest engineers (hereinafter referred to as "educational institutions") pursuant to Article 7 (4) of the Act are as set forth in Appendix 2. |
| (3) | Any person who wishes to be designated as an educational institution shall apply for designation to the Administrator of the Korea Forest Service as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. |
| (4) | If a person who has applied for designation pursuant to paragraph (3) meets the criteria for designation as an educational institution pursuant to paragraph (2), the Administrator of the Korea Forest Service shall issue a certificate of designation as an educational institution to the applicant within 30 days from the date of receipt of the application as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs, and publicly announce the details on the website of the Korea Forest Service. |
| Article 9 (Revocation of Designation as Educational Institution) |
| (1) | "Matters prescribed by Presidential Decree" in Article 7 (4) 3 of the Act means any of the following cases: |
| 1. | If a forest engineer training course is not opened within 1 year without justifiable grounds after being designated as an educational institution; |
| 2. | If an educational institution is not operated for 1 year or longer without justifiable reasons; |
| 3. | When a forest engineer training course is operated in a place other than a classroom or training forest designated as an educational institution. |
| (2) | When the Administrator of the Korea Forest Service revokes the designation of an educational institution pursuant to Article 7 (4) of the Act, he/she shall send a notice of revocation of designation to the educational institution as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs and publicly announce the details on the website of the Korea Forest Service. |
| Article 10 (Types of Forest Engineers) |
| (1) | The types, qualification requirements, and the scope of work of forest engineers pursuant to Article 8 (1) and (2) of the Act are as listed in Appendix 3. <Amended on Nov. 5, 2019> |
| (2) | Detailed standards for career recognition related to the qualification requirements for forest engineers pursuant to Appendix 3 shall be determined and publicly notified by the Administrator of the Korea Forest Service. <Added on Nov. 5, 2019> |
| Article 11 (Matters Stated in Articles of Incorporation of Korea Forest Engineer Association) |
Pursuant to Article 13 (4) of the Act, matters to be included in the articles of association of the Engineers Association, in addition to matters related to the qualifications of membership, executive officers, and the duties of the Engineers Association shall be as follows: | 4. | Matters related to the project and its execution; |
| 5. | Matters concerning the admission and withdrawal of members; |
| 6. | Matters pertaining to the rights and obligations of members; |
| 7. | Matters concerning the imposition of costs; |
| 8. | Matters related to handling of losses; |
| 9. | Matters related to meetings; |
| 10. | Matters related to accounting; |
| 11. | Matters concerning the disposal of remaining assets; |
| Article 12 (Registration of Forestry Technology Service Business) |
| (1) | In the latter part, with the exception of the subparagraphs, of Article 15 (1) of the Act, "forest projects prescribed by Presidential Decree" means the following projects: <Added on Dec. 16, 2021> |
| (2) | "Person prescribed by Presidential Decree" in Article 15 (1) 1 (e) of the Act means a green space landscaping engineer under Appendix 3 (applicable only to cases where green space landscaping business is registered under Appendix 4). <Amended on Dec. 16, 2021> |
| (3) | The registration requirements and scope of work for forestry technology service business pursuant to Article 15 (1) 2 of the Act are as set forth in Appendix 4. <Amended on Dec. 16, 2021> |
| Article 13 (Scope of Design and Supervision of Forest Projects) |
| (1) | In Article 15 (3) of the Act, "a forest project of the type and scale prescribed by Presidential Decree" refer to the following forest projects: <Amended on Dec. 29, 2020; Jun. 8, 2021; Sep. 26, 2023> |
| 1. | Forest projects that are implemented with assistance or support from the State or local governments and that fall under any of the following items: |
| (a) | Afforestation projects covering an area of 30,000 square meters or more; |
| (b) | Logging projects covering an area of 30,000 square meters or more; |
| (c) | Forest pest control projects covering an area of 1 million square meters or more; |
| (d) | Forest management projects involving thinning operations covering an area of 500,000 square meters or more; |
| (e) | Forest road projects: provided, supervision is required only for projects where the construction cost per case (including the estimated cost of construction, including government-supplied materials; hereinafter the same shall apply) is 20 million KRW or more; |
| (f) | Erosion control projects pursuant to the Erosion Control Work Act (hereinafter referred to as "erosion control projects"): provided, supervision is required only for projects where the construction cost per case is 100 million KRW or more; |
| (g) | Projects implemented for the creation (including management; hereinafter the same shall apply) of the forest visitor centers for little children and the forest education centers pursuant to Articles 12 and 13 of the Forest Education Promotion Act (hereinafter referred to as " the projects for creating the forest visitor centers for little children"): provided, supervision applies only to cases where the construction cost per case is 40 million won or more, and the same shall apply to the provisions from items (g) through (k) below; |
| (h) | Projects implemented for the creation of natural recreation forests, forest bathing areas, healing forests, forest trails, forest campsites, and forest leisure sports facilities under subparagraphs 2, 3, 5, 6, 8, and 9 of Article 2 of the Forest Culture and Recreation Act (hereinafter referred to as "natural recreation forest development projects"); |
| (i) | Projects implemented for the creation and management of urban forests, living forests, and street trees pursuant to Article 2 of the Act on the Creation and Management of Urban Forests (hereinafter referred to as the "urban forest creation and management project"); |
| (k) | Projects implemented for the creation of tree burial forests pursuant to subparagraph 14 of Article 2 of the Act on Funeral Services (hereinafter referred to as "tree burial forest creation projects"); |
| (2) | A person intending to implement a forest project shall not select the same person as both the contractor and the supervisor, and in the case of forest management projects, the designer shall not be the same person as the contractor or the supervisor. |
| Article 14 (Changes in Registration of Forestry Technology Service Business) |
The term "important matters prescribed by Presidential Decree" in Article 15 (4) of the Act refers to any of the following matters: | 1. | Name of the forestry technology service business; |
| 2. | Representative of the forestry technology service business; |
| 3. | Location of the forestry technology service business; |
| 4. | Type or number of technical qualifications held by forest engineers belonging to the forestry technology service business. |
| Article 14-2 (Criteria for Imposition of Penalty Surcharges) |
The standards for imposing penalty surcharges pursuant to Article 18 (4) of the Act are as set forth in Appendix 4-2. [This Article Added on Sep. 26, 2023]
| Article 14-3 (Imposition and Payment of Penalty Surcharge) |
| (1) | The Administrator of the Korea Forest Service, when intending to impose a penalty surcharge pursuant to Article 18 (4) of the Act, shall notify the violator in writing of the type of violation and the amount of the penalty surcharge to be paid. |
| (2) | A person who has received a notification pursuant to paragraph (1) shall pay the penalty surcharge to the collection agency designated by the Administrator of the Korea Forest Service within 30 days from the date of receiving the notification. |
| (3) | The collection agency that has received the payment of the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer and promptly notify the Administrator of the Korea Forest Service of the payment. |
[This Article Added on Sep. 26, 2023]
| Article 15 (Placement of Forest Engineers) |
| (1) | The criteria for the placement of forest engineers, etc. pursuant to Article 25 (1) of the Act are as shown in Appendix 5. |
| (2) | The forestry technology service providers and the forest project implementers shall place forestry engineers and other relevant personnel simultaneously with the commencement of forest projects. |
| (3) | The forestry technology service providers and the forest project implementers shall obtain confirmation from the contracting authority as prescribed by the Ministerial Decree of Agriculture, Food and Rural Affairs when deploying or changing the placement of forest engineers and other relevant personnel. |
| Article 16 (Establishment of Safety Management Plan) |
| (1) | Forest projects for which a safety management plan is needed to be formulated pursuant to Article 26 (2) of the Act (hereinafter referred to as "safety management plan") are as follows: <Amended on Sep. 26, 2023> |
| 1. | Forest projects specified in any subparagraph of Article 13 (1); |
| 2. | Other forest projects recognized by the contracting authority as requiring safety management. |
| (2) | The standards for establishing a safety management plan are as listed in Appendix 6. |
| (3) | If a forest project implementer has established a safety management plan pursuant to Article 26 (2) of the Act, he/she shall submit it to the contracting authority for approval before commencing the forest project. |
| (4) | When the contracting authority receives a safety management plan pursuant to paragraph (3), it shall review the content of the safety management plan according to the following categories within 7 days and notify the results: |
| 1. | Appropriate: When the necessary safety measures are specifically and clearly planned, ensuring that the safety of the forest project is adequately secured; |
| 2. | Conditionally Appropriate: When there is no significant impact on ensuring safety, but the plan is deemed to require supplementation; |
| 3. | Inappropriate: When there are significant flaws in the plan that are recognized to pose a risk of safety accidents if the forest project is implemented. |
| (5) | Where the results of review fall under paragraph (4) 1 or 2, the contracting authority shall issue a written approval (in cases falling under subparagraph 2 of the aforesaid paragraph, the necessary supplementary matters shall be included) to the forest project implementer. |
| (6) | A forest project implementer who has been notified of the results of the review under paragraph (4) 3 shall reestablish a safety management plan and submit it to the contracting authority for approval before commencing the forest project. In this case, paragraphs (4) and (5) shall apply to the review of the resubmitted safety management plan and the issuance of a written approval. |
| Article 17 (Safety Inspection Fees) |
| (1) | The fees for safety inspections under Article 26 (4) of the Act shall be the sum of the costs specified in the following categories: |
| 1. | Direct labor costs: Salary, allowances, etc. of personnel performing safety inspection work; |
| 2. | Direct expenses: Travel expenses, vehicle operating expenses, etc. required to perform safety inspection work; |
| 3. | Indirect expenses: Various expenses not included in direct labor costs or direct expenses; |
| 5. | Other expenses necessary to carry out safety inspection work, such as investigation and testing costs. |
| (2) | Detailed criteria for the calculation of safety inspection fees under paragraph (1) shall be determined and publicly notified by the Administrator of the Korea Forest Service depending on the type and scale of the forest project. |
| Article 18 (Composition and Duties of Safety Management Organization) |
| (1) | In accordance with Article 27 (1) of the Act, a forest project implementer shall appoint 1 general safety manager and at least 1 safety manager for each field (hereinafter referred to as "safety manager"). |
| (2) | The scope of duties to be performed by the safety general manager and safety manager shall be in accordance with the following classifications: |
| 1. | Safety general manager: |
| (a) | Preparation and submission of a written safety management plan; |
| (b) | Emergency mobilization and emergency measures in the event of a safety accident or if there is a risk of a safety accident; |
| (c) | Execution and confirmation of safety management expenses; |
| (d) | Support for facilities and equipment necessary for safety management; |
| (e) | Direction and supervision of the implementation of safety inspection; |
| (f) | Direction and supervision of the implementation of safety education; |
| (a) | Assist with the duties of the safety general manager; |
| (b) | Conducting safety inspection; |
| (c) | Implementation of safety education. |
| Article 19 (Timing and Methods of Safety Education) |
| (1) | On days when works related to forest projects are carried out, the safety general manager and safety managers shall provide safety education pursuant to Article 27 (1) of the Act for the personnel performing the relevant tasks before starting works. |
| (2) | The safety general managers and the safety managers shall include the work implementation methods, detailed implementation procedures, and precautions in the safety education conducted pursuant to paragraph (1). |
| (3) | The forest project implementer shall record and manage the content of safety education conducted by the safety general manager and safety managers in accordance with paragraph (1), and submit the recorded details to the contracting authority after completion of the project. |
| Article 20 (Delegation and Entrustment of Authority or Affairs) |
| (1) | The Administrator of the Korea Forest Service shall delegate the following authority to the head of the Regional Forest Service pursuant to Article 30 (1) of the Act: <Amended on Dec. 16, 2021; Sep. 26, 2023> |
| 1. | Investigation of violations of the prohibition of lending the name of a forest engineer, etc. as prescribed in Article 11 (5) of the Act; |
| 2. | Revocation or suspension of qualifications of forest engineers pursuant to Article 12 (1) of the Act; |
| 3. | Revocation of registration or suspension of business operations of forestry technology service business and the termination of registration of forestry technology service providers pursuant to Article 18 (1) and (2) of the Act; |
| 3-2. | Imposition and collection of penalty surcharges on forestry technology service providers pursuant to Article 18 (4) and (5) of the Act; |
| 4. | Guidance and supervision of forestry technology service providers pursuant to Article 22 (1) of the Act; |
| 5. | Imposition and collection of administrative fines under Article 33 of the Act. |
| (2) | The affairs that the Administrator of the Korea Forest Service may entrust pursuant to Article 30 (2) of the Act are as follows: |
| 1. | Receipt of applications for forest engineer qualification certificates and issuance of the certificates pursuant to Article 9 of the Act; |
| 2. | Receipt of reports concerning the workplace, career, qualifications, etc. (hereinafter referred to as "career, etc.") of forest engineers and others and the issuance of the certificates of career, etc. of forest engineers and others (hereinafter referred to as "forestry technology career certificate") pursuant to Article 10 of the Act; |
| 3. | Receipt of returned forest engineer certificates and the modification or deletion of records on career, etc. pursuant to Article 12 (3) of the Act; |
| 4. | Receipt of details of registration of the forestry technology service business and the issuance of registration certificates pursuant to Article 15 (1) and (2) of the Act; |
| 5. | Receipt of reports on the modification, suspension, or closure of forestry technology service business pursuant to Article 15 (4) of the Act; |
| 6. | Receipt of return of the registration certificate of forestry technology service business pursuant to Article 18 (3) of the Act; |
| 7. | Receipt of reports on succession to the status of forestry technology service provider pursuant to Article 19 (2) of the Act; |
| 8. | Receipt of reports on the performance of forest projects and issuance of certificates on forest project performance |
| 9. | Comprehensive management of penalty points under Article 24 (3) of the Act. |
| (3) | In accordance with Article 30 (2) of the Act, the Administrator of the Korea Forest Service shall entrust the works specified in each subparagraph of paragraph (2) to any of the following persons, and shall publicly announce the name of the entrusted institution, the details of the entrusted work, etc. on the website of the Korea Forest Service: |
| 2. | Any other institutions or organizations related to forestry technology services or forest project implementation that are recognized by the Administrator of the Korea Forest Service as to have the appropriate organization and personnel to perform the tasks listed in each subparagraph of paragraph (2). |
| Article 21 (Management of Personally Identifiable Information) |
The Administrator of the Korea Forest Service (including those to whom the authority or duties of the Administrator have been delegated or entrusted pursuant to Article 30 (1) and (2) of the Act) or the contracting authority may process data containing resident registration numbers in accordance with subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is unavoidable for conducting the following tasks: | 1. | Affairs related to the issuance and operation of forest engineer certificates pursuant to Article 9 of the Act; |
| 2. | Affairs related to the issuance of forestry technology career certificate pursuant to Article 10 of the Act; |
| 3. | Affairs related to administrative dispositions against forest engineers pursuant to Article 12 of the Act; |
| 4. | Affairs related to registration of forestry technology service business under Article 15 of the Act; |
| 5. | Affairs related to administrative dispositions of forestry technology service providers pursuant to Article 18 of the Act; |
| 6. | Affairs related to succession to the status of forestry technology service providers pursuant to Article 19 (2) of the Act. |
| Article 22 (Re-Examination of Regulation) |
The Administrator of the Korea Forest Service shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 16, 2021>
| 1. | Standards for designation of a specialized institution for forestry technology development pursuant to Article 4 and Appendix 1: January 1, 2021; |
| 2. | Criteria for designation of educational institutions under Article 8 and Appendix 2: January 1, 2021; |
| 3. | Reasons for cancellation of designation of an educational institution pursuant to Article 9 (1): January 1, 2021; |
| 4. | Types, qualification requirements, and scope of duties of forest engineers pursuant to Article 10 and Appendix 3: January 1, 2021; |
| 5. | Registration requirements and the scope of duties for forestry technology service business pursuant to Article 12 and Appendix 4: January 1, 2021; |
| 6. | Scope of forest project design and supervision under Article 13: January 1, 2021; |
| 7. | Criteria for placement of forest engineers, etc. in accordance with Article 15 and Appendix 5: January 1, 2021. |
| Article 23 (Standards for Imposition of Administrative Fines) |
The standards for imposing administrative fines under Article 33 (1) of the Act are as shown in Appendix 7.
ADDENDA <Presidential Decree No. 29310, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Article 2 (Transitional Measures concerning Forest Engineers)
A person who acquires the qualifications of a forest engineer listed in the left column of the following table pursuant to Appendix 2 of the previous Enforcement Decree of the Creation and Management of Forest Resources Act before this Decree enters into force shall be deemed to have acquired the qualifications of a forest engineer listed in the right column of the same table according to the Appendix 3. <Amended on Dec. 16, 2021> Article 3 (Transitional Measures regarding Forest Project Corporations)
Article 5 (Relationship with Other Statues and Regulations)
ADDENDUM <Presidential Decree No. 30187, Nov. 5, 2019>
This Decree shall enter into force on the date of its promulgation: provided, the part concerning forest restoration projects in the amended provisions of Appendix 5 shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 31328, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
ADDENDA <Presidential Decree No. 31739, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2021.
ADDENDA <Presidential Decree No. 32063, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
ADDENDUM <Presidential Decree No. 32225, Dec. 16, 2021>
This Decree shall enter into force on December 16, 2021: provided, the amended provisions of the proviso of subparagraph 1 (b) of Appendix 7 shall enter into force 1 month after the date of 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. 33752, Sep. 26, 2023>
This Decree shall enter into force on September 29, 2023.
ADDENDUM <Presidential Decree No. 33886, Nov. 21, 2023>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)