MOUNTAINOUS DISTRICTS MANAGEMENT ACT

Expand Act No. 10331, May 31, 2010 

CHAPTER I GENERAL PROVISIONS
법령보기 화면
 Article 1 (Purpose)  
The purpose of this Act is to contribute to the sound development of the national economy and to the preservation of national land and the environment by promoting the development of forestry and the various functions of forests concerning public interests, through rational preservation and use of mountainous districts.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 2 (Definitions)  
The terms used in this Act shall be defined as follows:
1. The term "mountainous district" means any of the following land: Provided, That farmland, grassland, housing land, roads, and other land prescribed by Presidential Decree shall be excluded:
(a) Land where standing timber and bamboos grow collectively;
(b) Land where standing timber and bamboos that have grown collectively are temporarily lost;
(c) Land used to collectively grow standing timber and bamboos;
(d) Forest roads, work roads, and other mountain passes;
(e) Rock and marshland on the land referred to in items (a) through (c);
2. The term "conversion of mountainous district" means using mountainous districts for other than the following purposes or changing the form or quality of mountainous districts for such use:
(a) Afforestation, forest cultivation, and deforestation;
(b) Gathering earth or stone and other forest products;
(c) Temporary use of mountainous districts;
3. The term "temporary use of mountainous districts" means any of the following cases:
(a) Using a mountainous district for a specified period for other than the purpose prescribed in subparagraph 2 (a) or (b), or changing the form or quality of a mountainous district for such use, on condition of reinstating such districts;
(b) Changing the form or quality of a mountainous district to make forest roads, forest products transportation roads, mountain trails, forest trails, or other similar mountain passes within such mountainous district;
4. The term "stone" means a rock, among rock materials in mountainous districts, to be used for architecture, craft, landscaping, fine aggregate, or civil engineering;
5. The term "earth or sand" means rock materials within mountainous districts, other than stones defined in subparagraph 4.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 3 (Basic Principles of Mountainous District Management)  
Mountainous districts shall be managed in a manner that improves forestry productivity, and a forest's public interest functions, such as disaster prevention, water source protection, natural ecosystem preservation, natural scenery preservation, and promotion of public health and recreation; and the conversion thereof shall be conducted in an eco-friendly manner.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
CHAPTER II PRESERVATION OF MOUNTAINOUS DISTRICTS
Section 1 Master Plans for Management of Mountainous Districts, Classification of Mountainous Districts, etc.
법령보기 화면
 Article 3-2 (Establishment, etc. of Master Plans for Management of Mountainous Districts)  
(1) The Administrator of the Korea Forest Service shall establish a master plan for management of nationwide mountainous district (hereinafter referred to as "master plan") every ten years in accordance with a master forest plan prescribed in Article 11 of the Framework Act on Forestry (hereinafter referred to as "master forest plan") to ensure rational preservation and use of mountainous districts.
(2) The Administrator of the Korea Forest Service may modify a master plan where a revision is made in the comprehensive national land plan pursuant to the Framework Act on the National Land, a significant change is made to the current status of mountainous districts, or it is deemed necessary otherwise.
(3) In establishing or modifying a master plan, the Administrator of the Korea Forest Service shall consult in advance with the heads of related central administrative agencies and hear opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayors/Do Governors"), and submit such plan to the Central Mountainous District Management Committee under Article 22 (1) for deliberation: Provided, That such deliberation is not required where a modification is made as the master forest plan is revised or for minor matters prescribed by Presidential Decree.
(4) The Administrator of the Korea Forest Service may request the heads of relevant central administrative agencies and the heads of local governments to provide such data or other cooperation as necessary to establish and implement a master plan. In such cases, the heads of the relevant central administrative agencies and the heads of the local governments shall comply with such request unless any special reason exists to the contrary.
(5) Upon establishing or modifying a master plan, the Administrator of the Korea Forest Service shall, as prescribed by Presidential Decree, announce such fact and give notice thereof to the heads of relevant central administrative agencies, Mayors/Do Governors, and Administrators of Regional Forest Service, and require the heads of Sis (for a Special Self-Governing Province, referring to the Governor of a Special Self-Governing Province; hereinafter the same shall apply), the heads of Guns, and the heads of Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply), or the directors of national forest management offices to make such plan available for public inspection.
(6) Upon receipt of a notice of the establishment or modification of a master plan from the Administrator of the Korea Forest Service pursuant to paragraph (5), the Mayors/Do Governors or the Administrators of Regional Forest Service shall develop or modify regional plans for the management of mountainous districts in their jurisdictional areas (hereinafter referred to as "regional plans"), within one year, by reflecting the details of the master plan therein.
(7) Where the Mayors/Do Governors or the heads of Sis/Guns/Gus seek to develop environmental or urban plans, etc. pursuant to other Acts, they shall do so in compliance with the relevant regional plans referred to in paragraph (6).
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 3-3 (Matters to be Included in Master Plans and Regional Plans)  
(1) Each master plan and regional plan shall contain the following:
1. Goals of and basic direction-setting for mountainous district management;
2. Matters relating to the preservation and use of mountainous districts;
3. Matters relating to surveys on the feasibility of mountainous district classification in respect of a basic survey on mountainous districts under Article 3-4 (1);
4. Matters relating to plans for use of mountainous districts under other Acts concerning environmental preservation, national land development, etc.;
5. Matters relating to the building and operation of an information system on the management of mountainous districts under Article 3-5;
6. Other matters as prescribed by Presidential Decree to ensure the rational preservation and use of mountainous districts.
(2) Details of a master plan and regional plans, and other necessary matters, shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 3-4 (Surveys to Establish Master Plans and Regional Plans)  
(1) In establishing or modifying a master plan, the Administrator of the Korea Forest Service shall conduct a survey on the current status and actual conditions of use of national mountainous districts, the feasibility of mountainous district classification, etc. (hereinafter referred to as "basic survey on mountainous districts") and reflect the outcomes thereof in the master plan and the mountainous district classification under Article 4 (1): Provided, That the basic survey on mountainous districts may be omitted in cases prescribed by Presidential Decree.
(2) In establishing or modifying regional plans, the Mayors/Do Governors or the Administrators of Regional Forest Service shall conduct a survey on the current status, actual conditions of use, etc. of mountainous districts in their jurisdictional areas (hereinafter referred to as "regional survey on mountainous districts") and reflect the outcomes thereof in such regional plans: Provided, That the regional survey on mountainous districts may be omitted in cases prescribed by Presidential Decree.
(3) The Administrator of the Korea Forest Service, Mayors/Do Governors, or Administrators of Regional Forest Service may, if necessary to conduct surveys efficiently, entrust the Korea Forest Conservation Association under Article 46 and other institutions prescribed by Presidential Decree with the basic survey on mountainous districts or the regional survey on mountainous districts.
(4) Matters regarding the methods, standards, procedures, etc. for the basic survey on mountainous districts and the regional survey on mountainous districts shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 3-5 (Building and Operation of Information System on Management of Mountainous Districts)  
The Administrator of the Korea Forest Service shall build and operate an information system on the management of mountainous districts, as prescribed by Presidential Decree, to systematically manage information on the rational preservation and use of mountainous districts.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 4 (Classification of Mountainous Districts)  
(1) For the purposes of preserving and using mountainous districts rationally, mountain districts nationwide shall be categorized as follows:
1. Preserved mountainous districts:
(a) Mountainous districts for forestry use: Referring to such mountainous districts, designated by the Administrator of the Korea Forest Service among the following mountainous districts, as necessary to enhance functions of forestry production, such as creating forest resources and establishing the foundations for forestry management:
(ⅰ) Forests for seed collection and experimental forests prescribed in the Forest Resources Creation and Management Act;
(ⅱ) Permanent State forests prescribed in the State Forest Administration and Management Act;
(ⅲ) Mountainous districts in the forestry promotion districts prescribed in the Forestry and Mountain Villages Development Promotion Act;
(ⅳ) Other mountainous districts required to promote functions of forestry production and prescribed by Presidential Decree;
(b) Mountainous districts for public interest: Referring to such mountainous districts, designated by the Administrator of the Korea Forest Service among the following mountainous districts, as necessary to enhance public interest functions, such as natural disaster prevention, water source protection, natural ecosystem preservation, natural scenery preservation, and promotion of public health and recreation, along with forestry production:
(ⅰ) Natural recreation forests prescribed in the Forestry Culture and Recreation Act;
(ⅱ) Temple forests;
(ⅲ) Restricted areas for the conversion and temporary use of mountainous districts under Article 9;
(ⅳ) Mountainous districts in special protection districts for wild fauna and flora under Article 27 of the Protection of Wild Fauna and Flora Act and in City/Do wild fauna and flora protection districts and other wild fauna and flora protection districts under Article 33 of the same Act;
(ⅴ) Mountainous districts in park areas under the Natural Parks Act;
(ⅵ) Mountainous districts in protective zones for the preservation of cultural heritage assets under the Cultural Heritage Protection Act;
(ⅶ) Mountainous districts in water-source protection areas under the Water Supply and Waterworks Installation Act;
(ⅷ) Mountainous districts in development restriction zones under the Act on Special Measures for Designation and Management of Development Restriction Zones;
(ⅸ) Mountainous districts in green areas prescribed by Presidential Decree among those under the National Land Planning and Utilization Act;
(ⅹ) Mountainous districts in ecological and scenery conservation areas under the Natural Environment Conservation Act;
(ⅹⅰ) Mountainous districts in wetlands protection areas under the Wetlands Conservation Act;
(ⅹⅱ) Mountainous districts in specified islands under the Special Act on the Preservation of the Ecosystem in Island Areas including Dokdo;
(ⅹⅲ) Mountainous districts in Baekdudaegan Protection Areas under the Baekdudaegan Protection Act;
(ⅹⅳ) Mountainous districts in forest protection areas under the Forest Protection Act;
(ⅹⅴ) Other mountainous districts necessary to promote public interest functions and prescribed by Presidential Decree;
2. Semi-preserved mountainous districts: Mountainous districts other than preserved mountainous districts.
(2) The Administrator of the Korea Forest Service shall prepare a map that indicates classification of mountainous districts nationwide on the topographical map (hereinafter referred to as "mountainous district classification map") according to the classification thereof under paragraph (1).
(3) Matters concerning methods, procedures, etc. for preparing mountainous district classification maps shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 5 (Designation Procedures for Preserved Mountainous Districts)  
(1) Where the Administrator of the Korea Forest Service intends to designate preserved mountainous districts under Article 4 (1) 1 (hereinafter referred to as "preserved mountainous districts"), he or she shall prepare a mountainous district classification map that indicates the relevant mountainous districts and consult with heads of relevant administrative agencies thereon, and submit such map to the Central Mountainous District Management Committee under Article 22 (1) for deliberation: Provided, That deliberation by the Central Mountainous District Management Committee is not required where mountainous districts are subject to designation as preserved mountainous districts through consultation among the heads of relevant administrative agencies under other Acts.
(2) Where the Administrator of the Korea Forest Service has designated preserved mountainous districts under paragraph (1), he or she shall, announce such fact and notify the heads of relevant administrative agencies thereof, as prescribed by Presidential Decree, and require the heads of Sis/Guns/Gus to make relevant materials available for public inspection.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 6 (Change and Cancellation of Preserved Mountainous Districts)  
(1) Where a mountainous district for forestry use under Article 4 (1) 1 (a) (hereinafter referred to as "mountainous district for forestry use"), among preserved mountainous districts designated pursuant to Article 5 (1), falls under a mountainous district subject to designation as a mountainous district for public interest pursuant to Article 4 (1) 1 (b) (hereinafter referred to as "mountainous district for public interest"), the Administrator of the Korea Forest Service may change and designate such mountainous district as a mountainous district for public interest.
(2) Where a mountainous district for public interest, among preserved mountainous districts designated pursuant to Article 5 (1), does not constitute a mountainous district subject to designation as a mountainous district for public interest, but constitute one subject to designation as a mountainous district for forestry use, the Administrator of the Korea Forest Service may change and designate such mountainous district as a mountainous district for forestry use.
(3) The Administrator of the Korea Forest Service may cancel the designation of a preserved mountainous district in any of the following cases:
1. Where a preserved mountainous district no longer meets the requirements for designation of mountainous districts for forestry use or public interest;
2. Where consulted upon pursuant to Article 8 and necessary to cancel designation as a preserved mountainous district;
3. Where a mountainous district is changed into a site for other purposes in accordance with permission for conversion of mountainous district pursuant to Article 14 or reporting on conversion of mountainous district pursuant to Article 15 (including administrative dispositions by which it is deemed that permission for conversion of mountainous district or reporting onconversion of mountainous district under other Acts is granted or filed, or excluded);
4. Other cases where designation of a preserved mountainous district is deemed inappropriate.
(4) Where the Administrator of the Korea Forest Service intends to change a preserved mountainous district or cancel designation thereof pursuant to paragraphs (1) through (3), he or she shall prepare a mountainous district classification map that indicates the relevant mountainous district, consult with the heads of relevant administrative agencies thereon, undergo deliberation thereon by the Central Mountainous District Management Committee under Article 22 (1), and announce such fact, as prescribed by Presidential Decree: Provided, That consultation with the heads of relevant administrative agencies and deliberation by the Central Mountainous District Management Committee may be omitted in any of the following cases:
1. Where a mountainous district is changed as it constitutes a preserved mountainous district subject to change under paragraph (1) or (2), after consultation with the heads of relevant administrative agencies in accordance with this Act or other Acts;
2. Where the designation of a mountainous district is cancelled as it's designation is subject to cancellation as a preserved mountainous district pursuant to paragraph (3) 1 and 2, after consultation with the heads of relevant administrative agencies in accordance with this Act or other Acts;
3. Where the designation of a preserved mountainous district is cancelled pursuant to paragraph (3) 3 and 4.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 7 Deleted. <by Act No. 10331, May 31, 2010>  
법령보기 화면
 Article 8 (Designation, etc. of Zones, etc. in Mountainous Districts)  
(1) Where heads of relevant administrative agencies intend to designate or determine mountainous districts as areas, districts, zones, etc. for specific purposes under other Acts, they shall consult, in advance, thereon with the Administrator of the Korea Forest Service, as prescribed by Presidential Decree. The same shall also apply to any change of agreed matters (excluding minor matters prescribed by Presidential Decree).
(2) Matters concerning the scope of consultation under paragraph (1), the standards and procedures therefor, etc. shall be prescribed by Presidential Decree.
(3) With respect to the designation of mountainous districts as areas, districts, zones, etc. subject to preservation or the imposition of restrictions on activities in such designated areas, districts, zones, etc., the State or local governments shall not duplicate designation nor impose redundant restrictions, unless unavoidable reasons exist to the contrary.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
Section 2 Restriction of Activities within Preserved Mountainous Districts
법령보기 화면
 Article 9 (Designation of Restricted Areas for Conversion or Temporary Use of Mountainous Districts)  
(1) The Administrator of the Korea Forest Service may designate any of the following mountainous districts deemed especially required to preserve for public interest as restricted areas for conversion or temporary use of mountainous districts (hereinafter referred to as "restricted areas for conversion or temporary use of mountainous districts"):
1. Mountainous districts, as ridges of main mountain ranges prescribed by Presidential Decree, deemed necessary to preserve natural scenery and forest ecosystem;
2. Mountainous districts prescribed by Presidential Decree and deemed worth preserving as places of scenic beauty or historic sites or in terms of other historical and cultural aspects;
3. Mountainous districts prescribed by Presidential Decree and deemed to have a high risk of disaster, such as landslides.
(2) Where the Administrator of the Korea Forest Service intends to designate restricted areas for conversion or temporary use of mountainous districts pursuant to paragraph (1), he or she shall, hear opinions from relevant local residents and heads of local governments, consult with heads of relevant administrative agencies thereon, and undergo deliberation thereon by the Central Mountainous District Management Committee pursuant to Article 22 (1), as prescribed by Presidential Decree.
(3) Where the Administrator of the Korea Forest Service has designated restricted areas for conversion or temporary use of mountainous districts under paragraph (1), he or she shall announce such fact, notify heads of relevant administration agencies thereof, and causethe heads of Sis/Guns/Gus to make relevant materials available for public inspection, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 10 (Restriction of Activities in Restricted Areas for Conversion or Temporary Use of Mountainous Districts)  
In restricted areas for conversion or temporary use of mountainous districts, no mountainous district can be converted or temporarily used, except for purposes of performing any of the following activities:
1. Installation of national defense or military facilities;
2. Installation of erosion control facilities, rivers, banks, reservoirs, and other corresponding facilities for national land preservation;
3. Installation of roads, railroads, petroleum and gas supply facilities, and other facilities for official or public use prescribed by Presidential Decree;
4. Installation of facilities for protection of forests and preservation and extension of forest resources, as prescribed by Presidential Decree;
5. Installation of facilities for forestry experimental research, as prescribed by Presidential Decree;
6. Installation of facilities for excavating buried cultural heritage assets (including surface exploration) and for restoring, repairing, relocating, preserving and managing cultural heritage assets and traditional temples, and installation of gravestones and monuments related to cultural heritage assets and traditional temples and other facilities similar thereto;
7. Installation of facilities prescribed by Presidential Decree among the following:
(a) Electricity facilities, including power generation and transmission facilities;
(b) Facilities for use and diffusion of new and renewable energy pursuant to the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
8. Installation of exploration and drilling facilities for minerals and mining at the mines prescribed by Presidential Decree under the Mining Industry Act;
9. Installation of mining damage prevention facilities under the Mining Damage Prevention and Restoration Act;
10. Temporary installation of the following auxiliary facilities during the period prescribed by Presidential Decree to install facilities referred to in subparagraphs 1 through 9:
(a) Ramps;
(b) Field offices;
(c) Facilities for geological or soil surveys and exploration;
(d) Other auxiliary facilities prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries such as parking lots;
11. Installation of ramps which does not exceed the size prescribed by Presidential Decree, to connect buildings and roads under the Building Act (referring to roads as defined in Article 2 (1) 11 of the Building Act) among the facilities referred to in subparagraphs 1 through 9.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 11 (Cancellation of Designation of Restricted Areas for Conversion or Temporary Use of Mountainous Districts)  
(1) Where it is deemed that the purpose of designation of a restricted area for conversion or temporary use of mountainous districts is lost or a restricted area for conversion or temporary use of mountainous districts is not required to remain as such, as described in any of the following subparagraphs, the Administrator of the Korea Forest Service may cancel designation of such restricted area for conversion or temporary use of mountainous districts:
1. Where conversion of a mountainous district is performed upon obtaining permission for conversion of mountainous district for conducting activities falling under any subparagraph of Article 10;
2. Where the value of a restricted area for conversion or temporary use of mountainous districts is lost due to natural disasters, etc.;
3. Where the purpose of designation of a restricted area for conversion or temporary use of mountainous districts is lost due to alleviation, etc. of risk of landslides through installation of disaster prevention facilities;
4. Other cases prescribed by Presidential Decree, such as changes in natural, social, economic, and regional conditions, or reasons of regional development.
(2) Article 9 (2) and (3) shall apply mutatis mutandis to procedures, etc. for cancelling designation as restricted areas for conversion or temporary use of mountainous districts pursuant to paragraph (1): Provided, That deliberation by the Central Mountainous District Management Committee is not required in any of the following cases:
1. Cases falling under paragraph (1) 1 or 2;
2. Cases falling under paragraph (1) 3 or 4 where the area subject to cancellation of designation is less than 10,000 square meters.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 12 (Restriction of Activities in Preserved Mountainous Districts)  
(1) In mountainous districts for forestry use, no mountainous district can be converted or temporarily used, except in cases of converting or temporarily using mountainous districts to conduct any of the following activities:
1. Installation, etc. of facilities under subparagraphs 1 through 9 of Article 10;
2. Installation of facilities related to forest management, such as forest roads and forest management offices, and of facilities related to mountain village development projects, such as facilities for mountain village development, as prescribed by Presidential Decree;
3. Installation of arboretums, forest ecological gardens, natural recreation forests, woodland burial grounds, and other forest public forest facilities prescribed by Presidential Decree;
4. Building of housing of farmers, foresters and fishermen and other facilities incidental thereto, as prescribed by Presidential Decree;
5. Installation of production, use, and processing facilities for farming, forestry and fisheries, and recreational facilities for agricultural and fishing villages, as prescribed by Presidential Decree;
6. Exploration, drilling and development of minerals, underground water, and other underground resources or stone prescribed by Presidential Decree, and installation of facilities therefor;
7. Conducting geological and soil surveys to prevent landslides, and installation of facilities based on the results thereof;
8. Installation of oil reserve and storage facilities, telecommunications facilities, and other facilities for official or public use prescribed by Presidential Decree;
9. Installation of cemeteries, crematory facilities, charnel facilities, and natural burial ground facilities permittedor reported under the Act on Funeral Services, etc.;
10. Installation of religious facilities prescribed by Presidential Decree;
11. Installation of public interest facilities, prescribed by Presidential Decree; such as hospitals, social welfare facilities, youth training facilities, employee welfare facilities, and public vocational training facilities.
12. Installation of facilities related to education, research, and technology development, as prescribed by Presidential Decree;
13. Installation of facilities, other than facilities referred to in subparagraphs 1 through 12, required for regional community development and industrial development, as prescribed by Presidential Decree;
14. Temporary installation of any of the following auxiliary facilities during the period prescribed by Presidential Decree to install facilities referred to in subparagraphs 1 through 13:
(a) Ramps;
(b) Field offices;
(c) Facilities for geological or soil surveys and exploration;
(d) Other auxiliary facilities, prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, such as parking lots;
15. Installation of ramps which does the exceed the size prescribed by Presidential Decree, to connect buildings and roads under the Building Act (referring to roads as defined in Article 2 (1) 11 of the Building Act) among the facilities referred to in subparagraphs 1 through 13;
16. Other activities prescribed by Presidential Decree, conducted to the extent that does not defeat the purposes of mountainous districts for forestry use, such as grazing livestock, cultivating wild vegetables, wild flowers and decorative trees, piling up goods, and installing farm roads.
(2) In mountainous districts for public interest (excluding restricted areas for conversion or temporary use of mountainous districts), no mountainous district can be converted or temporarily used, except in cases of converting or temporarily using mountainous districts for performing the following activities:
1. Installation, etc. of facilities referred to in subparagraphs 1 through 9 of Article 10;
2. Installation of facilities referred to in paragraph (1) 2, 3, 6 and 7;
3. Installation of facilities prescribed by Presidential Decree, among facilities prescribed in paragraph (1) 12;
4. Any of the following activities, below the scale prescribed by Presidential Decree:
(a) Newly constructing, extending, or rebuilding housing of farmers, foresters and fishermen: Provided, That in cases of new construction, this is only applicable to housing and facilities prescribed by Presidential Decree;
(b) Extending or rebuilding religious facilities;
(c) New construction of temples within temple forest districts designated as mountainous districts for public interest on the grounds falling under Article 4 (1) 1 (b) (ⅱ);
5. Installation of facilities, other than facilities referred to in subparagraphs 1 through 4, required for official or public projects prescribed by Presidential Decree;
6. Temporary installation of any of the following auxiliary facilities during the period prescribed by Presidential Decree to install facilities referred to in subparagraphs 1 through 5:
(a) Ramps;
(b) Field offices;
(c) Facilities for geological or soil surveys and exploration;
(d) Other auxiliary facilities, prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, such as parking lots;
7. Installation of ramps which does not exceed the size prescribed by Presidential Decree, to connect buildings and roads under the Building Act (referring to roads as defined in Article 2 (1) 11 of the Building Act) among the facilities referred to in subparagraphs 1 through 5;
8. Other activities prescribed by Presidential Decree, conducted to the extent that does not defeat the purposes of mountainous districts for public interest, such as cultivating wild vegetables, wild flowers and decorative trees, and installing farm roads.
(3) Notwithstanding paragraph (2), restriction of activities in any of the following mountainous districts among mountainous districts for public interest (excluding restricted areas for conversion or temporary use of mountainous districts) shall be governed by each relevant Act:
1. Mountainous districts prescribed in Article 4 (1) 1 (b) (ⅳ) through (ⅹⅳ);
2. Mountainous districts in fishery-resources protection zones under the National Land Planning and Utilization Act.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 13 (Purchase of Mountainous District in Restricted Areas for Conversion or Temporary Use of Mountainous Districts)  
(1) Where necessary to achieve the purposes of designation as a restricted area for conversion or temporary use of mountainous districts, the State or local governments may consult with owners of mountainous districts to purchase mountainous districts in the restricted area for conversion or temporary use of mountainous districts.
(2) Purchase prices of mountainous districts under paragraph (1) shall be determined based on the officially announced prices under the Public Notice of Values and Appraisal of Real Estate Act (where the relevant land has no officially announced price, referring to the individual land price determined pursuant to Article 9 of the same Act). In such cases, if actual transaction prices in neighboring areas are lower than the officially announced prices, such mountainous districts may be purchased based on the actual transaction prices.
(3) Article 9 of the State Property Act or Article 10 of the Public Property and Commodity Management Act shall apply mutatis mutandis to procedures for purchase of mountainous districts under paragraph (1) and other necessary matters.
(4) Matters concerning the scope of mountainous districts subject to purchase, timing and methods to determine purchase prices, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 13-2 (Requests for Purchase of Mountainous Districts)  
(1) Where any designation or announcement of a restricted area for conversion or temporary use of mountainous districts is made pursuant to Article 9, the owner of a mountainous district within such area, who falls under any of the following subparagraphs, may request the Administrator of the Korea Forest Service to purchase the relevant mountainous district:
1. A person who has continuously owned the relevant land before the designation of the restricted area for conversion or temporary use of mountainous districts;
2. A person who has continuously owned the relevant land inherited from a person under subparagraph 1.
(2) Where the Administrator of the Korea Forest Service receives a request to purchase mountainous districts pursuant to paragraph (1), he or she shall purchase them within budgetary limits.
(3) In cases of purchasing mountainous districts pursuant to paragraph (2), Article 13 (2) and (3) shall apply mutatis mutandis, and matters concerning purchase procedures, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
Section 3 Permission, etc. for Conversion of Mountainous Districts
법령보기 화면
 Article 14 (Permission for Conversion of Mountainous Districts)  
(1) A person who intends to convert a mountainous district shall, as prescribed by Presidential Decree, determine the purpose of use thereof and obtain permission therefor from the Administrator of the Korea Forest Service; and the same shall also apply where he or she intends to modify any of the matters so permitted: Provided, That where he or she intends to modify any minor matter prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, he or she may report thereon to the Administrator of the Korea Forest Service in lieu of permission.
(2) Where the heads of relevant administrative agencies request the Administrator of the Korea Forest Service for consultation for the purpose of taking administrative measures by which permission for conversion of mountainous district would be deemed granted under other Acts, they shall, as prescribed by Presidential Decree, submit to the Administrator of the Korea Forest Service documents necessary to review whether it meets the requirements for permission for conversion of mountainous district under Article 18.
(3) Where the heads of relevant administrative agencies take administrative measures by which permission for conversion of mountainous district is deemed granted after consultation pursuant to paragraph (2), they shall, without delay, notify the Administrator of the Korea Forest Service thereof.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 15 (Reporting on Conversion of Mountainous Districts)  
(1) Notwithstanding Article 14 (1), any person who intends to convert a mountainous district for any of the following purposes shall report it to the Administrator of the Korea Forest Service (only applicable to State forests under the jurisdiction of the Korea Forest Service) or the head of the competent Si/Gun/Gu (only applicable to mountainous districts, other than the State forests under the jurisdiction of the Korea Forest Service). The same shall also apply where a person intends to modify any of the matters so reported, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries:
1. Installation of permanent facilities and other auxiliary facilities for forest management, mountain village development, forestry experimental research, and the creation of arboretums, forest ecological gardens, and natural recreation forests;
2. Building of housing and other auxiliary facilities of farmers, foresters and fishermen;
3. Installation of warehouses, pickup points, processing facilities, etc., as prescribed by Presidential Decree, for agricultural, forestry and fishery products subject to obtaining a building permit or reporting under the Building Act.
(2) Matters concerning procedures for reporting on conversion of mountainous district, the scope of facilities and activities subject to reporting, areas in which, and conditions under which facilities are installed, etc. under paragraph (1) shall be prescribed by Presidential Decree.
(3) Where the Administrator of the Korea Forest Service or the head of a Si/Gun/Gu receives a report on conversion of mountainous district pursuant to paragraph (1), he or she shall accept such report pursuant to Ministerial Decree for Food, Agriculture, Forestry and Fisheries, if such report meets the requirements specified under paragraph (2) for the scope of facilities and activities subject to reporting, installation areas, installation conditions, etc.
(4) Article 14 (2) and (3) shall apply mutatis mutandis to consultation that heads of relevant administrative agencies hold with the Administrator of the Korea Forest Service or the heads of Sis/Guns/Gus to take administrative measures by which reporting on conversion of mountainous district is deemed made under other Acts, and the notification of such measures.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 15-2 (Permission for and Reporting on Temporary Use of Mountainous Districts)  
(1) Any person who intends to temporarily use a mountainous district for carrying out mining under the Mining Industry Act or a mining damage prevention project under the Mining Damage Prevention and Restoration Act or for any other purpose prescribed by Presidential Decree shall obtain permission therefor from the Administrator of the Korea Forest Service. The same shall also apply where he or she intends to modify any of the matters so permitted.
(2) Any person who intends to temporarily use a mountainous district for any of the following purposes shall report thereon to the Administrator of the Korea Forest Service (only applicable to Stateforests under the jurisdiction of the Korea Forest Service) or the head of the competent Si/Gun/Gu (only applicable to mountainous districts, other than the State forests under the jurisdiction of the Korea Forest Service).The same shall also apply where he or she intends to modify any of the matters so reported:
1. Installation of simplified facilities for agriculture, forestry and fisheries, and simplified processing facilities for agricultural, forestry and fishery products, which are not subject to obtaining a building permit or reporting under the Building Act;
2. Installation of exploration or drilling facilities for stone or underground resources (including the installation of geological survey facilities);
3. Installation of auxiliary facilities and piling-up of goods referred to in subparagraph 10 of Article 10, Article 12 (1) 14, and Article 12 (2) 6;
4. Cultivating ornamental forest plants, such as wild vegetables, medical herbs, medicinal trees, landscape trees, and wild flowers;
5. Grazing livestock;
6. Conducting surface surveys in search of buried cultural heritage assets under the Act on Protection and Inspection of Buried Cultural Heritage;
7. Creation of forest roads, work roads, forest products transportation roads, forest passes, such as mountain trails and forest trails, and other similar mountain passes;
8. Development of woodland burial grounds under the Act on Funeral Services, etc.;
9. Installation of erosion control facilities under the Work against Land Erosion or Collapse Act;
10. Installation of facilities related to disaster emergency measures prescribed by Presidential Decree, such as prevention and extinguishment of forest fires;
11. Installation of other minor facilities prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(3) Necessary matters concerning facilities subject to permission or reporting, the scope of activities, areas in which and conditions under which facilities are installed, the term of temporary use of mountainous districts or extension thereof, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
(4) Article 14 (2) and (3) shall apply mutatis mutandis to consultation the heads of relevant administrative agencies hold with the Administrator of the Korea Forest Service or the heads of Sis/Guns/Gus to take administrative measures by which permission for or reporting on temporary use of mountainous districts is deemed granted or made under other Acts, and the notification of such measures.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 16 (Validity of Permission for Conversion, etc. of Mountainous Districts)  
(1) Permission for conversion of mountainous district under Article 14 (1), reporting on conversion of mountainous district under Article 15 (1), permission for temporary use of a mountainous district under Article 15-2 (1), and reporting on temporary use of a mountainous district under Article 15-2 (2) shall not take effect until such administrative measure as authorization, permission, and approval under any other Act is obtained, which is required to implement a project sought through the conversion or temporary use of the relevant mountainous district, with permission for or reporting on such conversion or temporary use obtained or filed.
(2) Where a disposition taken to refuse or revoke an administrative measure required to implement a project sought under paragraph (1) becomes final and conclusive, permission for conversion of mountainous district under Article 14 (1) or permission for temporary use of a mountainous district under Article 15-2 (1) shall be deemed revoked, and reporting on conversion of mountainous district under Article 15 (1) or reporting on temporary use of a mountainous district under Article 15-2 (2) shall be deemed not accepted.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 17 (Period of Permission, etc. for Conversion of Mountainous Districts)  
(1) A period for permission to convert a mountainous district, such as the period of installing facilities under permission for conversion of mountainous district pursuant to Article 14 or by reporting on conversion of mountainous district pursuant to Article 15, shall be as follows: Provided, That where a person who intends to obtain permission for conversion of mountainous district or to report conversion of mountainous district is not an owner of the relevant mountainous district, the period for conversion of mountainous district shall not exceed the period for use thereof or profiting therefrom:
1. In cases of permission for conversion of mountainous district: A period permitted by the Administrator of the Korea Forest Service in accordance with the criteria prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries within ten years, in consideration of the areas of conversion of mountainous district and the projects sought through conversion;
2. In cases of reporting on conversion of mountainous district: A period reported in accordance with the criteria prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries within ten years, in consideration of the areas of conversion of mountainous district and the projects sought through conversion.
(2) Where any person who obtained permission for conversion of mountainous district under Article 14 or reported conversion of mountainous district under Article 15 fails to complete the project he or she intends to accomplish through such conversion within a period for conversion of mountainous district under paragraph (1), and so requires to extend such period, he or she shall either obtain permission to extend the period for conversion of mountainous district from the Administrator of the Korea Forest Service, or report the change of the period for conversion of mountainous district to the Administrator of the Korea Forest Service or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 18 (Criteria, etc. for Permission for Conversion of Mountainous Districts)  
(1) When the Administrator of the Korea Forest Service receives an application for permission for conversion of mountainous district pursuant to Article 14, he or she shall grant such permission only in cases where such application meets the following criteria:
1. It shall not be subject to restriction of activities under Articles 10 and 12;
2. It shall not substantially hinder the management and control of neighboring forests;
3. It shall not include substantial areas of high-grade forests, such as successful forest plantation areas;
4. It shall not substantially impede the maintenance of forest ecosystem functions, such as preservation of rare species of wild fauna and flora;
5. It shall cause no risk of disaster, such as erosion or collapse of earth or sand;
6. It shall not substantially harm the functions of water storage and water quality preservation of forests;
7. It shall not constitute forests worth preservation in view of their characteristics, such as form of mountainous district and composition of standing trees;
8. It shall include appropriate project plans and areas to be converted, and also ways of conversion to minimize damage to natural scenery and forests, which are not likely to impede recovery from such conversion.
(2) Notwithstanding paragraph (1), with respect to semi-preserved mountainous districts or in cases meeting all of the following requirements, the criteria specified in paragraph (1) 1 through 4 shall not apply:
1. The ratio of mountainous districts for forestry use to the mountainous districts to be converted shall be less than 20/100 and does not exceed the ratio prescribed by Presidential Decree;
2. Mountainous districts to be converted shall not include any collective mountainous districts for forestry use prescribed by Presidential Decree;
3. Mountainous districts to be converted, except the portion of mountainous districts for forestry use under subparagraph 1, shall constitute semi-preserved mountainous districts.
(3) In granting permission for conversion of mountainous district pursuant to paragraph (1), the Administrator of the Korea Forest Service may, as needed to maintain functions of forests, prevent disasters, preserve scenery, etc., attach necessary conditions, such as installation of disaster prevention facilities, as prescribed by Presidential Decree.
(4) Where the Administrator of the Korea Forest Serviceintends to grant permission for conversion of a mountainous district under paragraph (1) the area of which is not smaller than that prescribed by Presidential Decree (limited to cases where a preserved mountainous district is included in excess of the ratio or area prescribed by Presidential Decree), he or she shall, in advance, undergo deliberation by the Central Mountainous District Management Committee pursuant to Article 22 (1) concerning feasibility of such conversion of mountainous district.
(5) Matters regarding the scope of application of the permission criteria for conversion of mountainous district and the permission criteria for the area of mountainous districts under paragraph (1), and other detailed criteria by project and scale, shall be prescribed by Presidential Decree: Provided, That where deemed necessary to preserve mountainous districts in view of regional conditions, the permission criteria for the area of mountainous districts may be determined by ordinance of the relevant local government within the scope prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 18-2 (Feasibility Surveys, etc. on Mountainous District Conversion)  
(1) Any person who intends to request consultation under the formerpart of Article 8 (1) or to obtain permission for conversion or temporary use of a mountainous district under Article 14 or 15-2 (including administrative disposition by which permission for conversion or temporary use of a mountainous district is deemed granted under other Acts) in excess of the scale prescribed by Presidential Decree shall, in advance, undergo a feasibility survey conducted by a specialized mountainous district institution prescribed by Presidential Decree, based upon comprehensive consideration of the necessity, appropriateness, environmental impacts, etc. of such conversion or temporary use (hereinafter referred to as "feasibility survey on conversion of mountainous district"): Provided, That the same shall not apply where he or she intends to convert or temporarily use a mountainous district for agricultural, forestry or fisheries purposes or in cases otherwise prescribed by Presidential Decree.
(2) Fees incurred in a feasibility survey on conversion of mountainous district under paragraph (1) shall be paid by an applicant for such feasibility survey to a specialized mountainous district institution.
(3) Upon receipt of an application for a feasibility survey on conversion of mountainous district under paragraph (1), a specialized mountainous district institution shall conduct such feasibility survey and notify the Administrator of the Korea Forest Service and an applicant of the results thereof.
(4) Matters concerning procedures, standards, methods, etc. for feasibility surveys on conversion of mountainous district, determination of fees, and other matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 18-3 (Disclosure of Results, etc. of Feasibility Surveys on Mountainous District Conversion)  
(1) Results of feasibility surveys on conversion of mountainous district and opinions thereon shall be subject to disclosure under the Official Information Disclosure Act.
(2) Matters concerning when and how to disclose the results, etc. of feasibility surveys on conversion of mountainous district under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 18-4 (Confirmation as to Whether Permission Criteria, etc. for Conversion of Mountainous Districts are Met)  
(1) Where deemed necessary to confirm the following matters regarding a mountainous district, the area of which is not smaller than that prescribed by Presidential Decree, or upon objection of an interested party, etc., the Administrator of the Korea Forest Service shall designate a related specialized institution, or form a consultative body for investigation consisting of related experts, etc., to conduct the examination and review thereof, and shall reflect the results of such examination and review: Provided, That the same shall not apply where feasibility surveys on conversion of mountainous district are conducted pursuant to Article 18-2:
1. In cases of consultation on designation of areas, etc. in a mountainous district under Article 8, whether it meets the standards of consultation under paragraph (2) of the same Article;
2. In cases of permission for conversion of mountainous district or consultation under Article 14, whether it meets the criteria for permission for conversion of mountainous district under Article 18 (1).
(2) Matters concerning requirements and procedures for interested parties to file objections, the organization and operation of consultative bodies for investigation, and the designation of related specialized institutions under paragraph (1) shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 19 (Expenses Incurred in Creating Forest Replacement Resources)  
(1) Any of the following persons shall pay in advance expenses incurred in creating forest replacement resources due to the conversion or temporary use of a mountainous district (hereinafter referred to as "expenses incurred in creating forest replacement resources"): <Amended by Act No. 10331, May 31, 2010>
1. Any person who intends to obtain permission for conversion of mountainous district pursuant to Article 14;
2. Any person who intends to obtain permission for temporary use of a mountainous district pursuant to Article 15-2 (1) (excluding any person who intends to carry out a mining damage prevention project under the Mining Damage Prevention and Restoration Act);
3. Any person who intends to qualify for an administrative disposition by which permission for conversion or temporary use of a mountainous district is deemed granted or is excluded pursuant to other Acts.
(2) Where a person liable to pay expenses incurred in creating forest replacement resources under paragraph (1) falls under any of the following subparagraphs, he or she may pay such expenses after obtaining permission for conversion or temporary use of a mountainous district or qualifying for an administrative disposition under each subparagraph of paragraph (1): <Amended by Act No. 10331, May 31, 2010>
1. Where a condition is imposed that expenses incurred in creating forest replacement resources are to be paid by a deadline, as prescribed by Presidential Decree. In such cases, no mountainous district can be converted or temporarily used unless the expenses incurred in creating forest replacement resources are paid;
2. Where a condition is established that expenses incurred in creating forest replacement resources are to be paid in installments by a deadline, as prescribed by Presidential Decree. In such cases, a person who intends to pay such expenses in installments shall deposit a warranty bond to secure such payment, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(3) Expenses incurred in creating forest replacement resources shall be imposed and collected by the Administrator of the Korea Forest Service, and the amount so collected shall be credited to the forestry promotion project account under the Act on Special Accounts for the Structural Improvement of Agricultural and Fishing Villages. <Amended by Act No. 10331, May 31, 2010>
(4) Deleted. <by Act No. 8283, Jan. 26, 2007>
(5) In any of the following cases, the Administrator of the Korea Forest Service may reduce or exempt from expenses incurred in creating forest replacement resources, as prescribed by Presidential Decree: <Amended by Act No. 10331, May 31, 2010>
1. Where the State or a local government converts or temporarily uses a mountainous district for officialor public use;
2. Where a mountainous district is converted or temporarily used to install major industrial facilities prescribed by Presidential Decree;
3. Where a mountainous district is converted or temporarily used to extract minerals, to install facilities prescribed by Presidential Decree, or to use such mountainous district for purposes prescribed by Presidential Decree.
(6) Expenses incurred in creating forest replacement resources under paragraph (1) shall be determined by multiplying the area of the mountainous district to be converted or temporarily used by the price per unit area; and the price per unit area shall be determined and announced by the Administrator of the Korea Forest Service. In such cases, the Administrator of the Korea Forest Service may allocate different prices per unit area by mountainous district or region classified pursuant to Article 4. <Amended by Act No. 10331, May 31, 2010>
(7) When the Administrator of the Korea Forest Service delegates his or her duty to impose and collect expenses incurred in creating forest replacement resources to a Mayor/Do Governor or the head of a Si/Gun/Gu, he or she may reimburse handling fees and other expenses to be incurred, as prescribed by Presidential Decree. <Amended by Act No. 10331, May 31, 2010>
(8) Where a person liable to pay expenses incurred in creating forest replacement resources fails to pay themby a deadline, such expenses may be collected in the same manner as delinquent national or local taxes are collected. <Amended by Act No. 10331, May 31, 2010>
(9) Matters concerning a payment deadline and methods of paying expenses incurred in creating forest replacement resources, detailed criteria for determination of prices per unit area thereof, and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 10331, May 31, 2010>
법령보기 화면
 Article 19-2 (Refund of Expenses Incurred in Creating Forest Replacement Resources)  
Where any person who has paid the expenses incurred in creating forest replacement resources falls under any of the following subparagraphs, the Administrator of the Korea Forest Service shall refund all or some of such expenses, as prescribed by Presidential Decree: Provided, That a refund may be paid by reducing the expenses incurred in creating forest replacement resources in proportion to the ratio of areas, the shape or quality of which have been changed, and where a person fails to deposit recovery expenses under Article 38 (1), a refund may be paid by offsetting, in advance, expenses incurred in forest recovery, as prescribed by Presidential Decree:
1. Where he or she fails to obtain permission for conversion of mountainous district under Article 14;
2. Where he or she fails to obtain permission for temporary use of a mountainous district under Article 15-2 (1);
3. Where permission for conversion or temporary use of a mountainous district is deemed revoked under Article 16 (2);
4. Where the period for conversion of a mountainous district under Article 17 (1) and (2) expires before the intended project is completed within the said period;
5. Where permission for conversion or temporary use of a mountainous district is revoked pursuant to Article 20;
6. Where permission for conversion of a mountainous district under Article 14 or permission for temporary use of a mountainous district under Article 15-2 (1) is deemed not granted in accordance with other Acts;
7. Where the area of a mountainous district subject to imposition of the expenses incurred in creating forest replacement resources is reduced due to changes in business plans or on other grounds prescribed by Presidential Decree;
8. Where any ground prescribed by Presidential Decree arises, such as reassessment of imposition, after the expenses incurred in creating forest replacement resources are paid.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 20 (Revocation, etc. of Permission for Conversion of Mountainous Districts)  
Where any person who has obtained permission for conversion of a mountainous district under Article 14 or permission for temporary use of a mountainous district under Article 15-2 (1) or has reported the conversion of a mountainous district under Article 15 or the temporary use of a mountainous district under Article 15-2 (2) falls under any of the following subparagraphs, the Administrator of the Korea Forest Service or the head of a Si/Gun/Gu may revoke such permission, or issue an order to suspend the intended project, remove structures and facilities, reinstate the mountainous district, or take other necessary measures, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries: Provided, That in cases falling under subparagraph 1, he or she shall revoke such permission or issue an order to suspend the intended project, etc.:
1. Where he or she has obtained permission or filed a report by false or other unjust means;
2. Where he or she violates any purpose of or condition for permission, or changes a business plan or scale without permission or reporting;
3. Where he or she fails to pay the expenses incurred in creating forest replacement resources under Article 19 or to deposit the recovery expenses under Article 38 (including cases where he or she fails to re-deposit money for recovery expenses that is reduced pursuant to Article 37 (4));
4. Where he or she fails to carry out an order for disaster prevention or recovery issued following an order to take measures referred to in any subparagraph of Article 37 (2);
5. Where a person who has obtained permission violates an order to take measures, such as suspension of the intended project, under the main body of and the proviso to this Article with the exception of its subparagraphs;
6. Where a person who has obtained permission requests such permission to be revoked or a person who has filed a report withdraws such report.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 21 (Approval, etc. for Change of Use)  
(1) Where any person who has obtained permission for conversion of a mountainous district under Article 14 or permission for temporary use of a mountainous district under Article 15-2 (1) or has reported the conversion of a mountainous district under Article 15 or the temporary use of a mountainous district under Article 15-2 (2) falls under any of the following subparagraphs, he or she shall obtain approval from the Administrator of the Korea Forest Service or the head of the competent Si/Gun/Gu pursuant to Ministerial Decree for Food, Agriculture, Forestry and Fisheries:
1. Where he or she intends to use the land being used or which was used for a project subject to the conversion or temporary use of a mountainous district for another purpose, within a period prescribed by Presidential Decree;
2. Where he or she intends to transfer the title to any other person who is not a farmer, forester or fisherman within a period prescribed by Presidential Decree after converting the mountain district to build housing for agriculture, forestry or fisheries, or auxiliary facilities thereto.
(2) Any person, among those intending to obtain approval under paragraph (1), who seeks to use land of a mountainous district converted into or temporarily used as the site of facilities, for which expenses incurred in creating forest replacement resources are reduced or exempted, as a site for facilities for which expenses incurred in creating forest replacement resources are not reduced or exempted, or the reduction or exemption rate of which is lower, shall pay corresponding expenses incurred in creating forest replacement resources, as prescribed by Presidential Decree.
(3) Matters concerning standards, etc. for approval under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 21-2 (Restriction of Reclassification of Land within Mountainous Districts)  
No mountainous district shall be reclassified into anything other than forest land, except in cases where permission for conversion of a mountainous district is granted under Article 14 or reporting on conversion of a mountainous district is filed under Article 15 (including cases where administrative disposition, by which permission for conversion of a mountainous district or reporting on conversion of a mountainous district is deemed granted or filed, is taken pursuant to other Acts).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
Section 4 Mountainous District Management Committee
법령보기 화면
 Article 22 (Establishment and Operation of Mountainous District Management Committee)  
(1) In order to deliberate upon the following, the Central Mountainous District Management Committee shall be established within the Korea Forest Service:
1. Matters prescribed in Articles 3-2, 5, 6, 9, 11, and 18 (4);
2. Matters, among those under the authority of the Administrator of the Korea Forest Service, as entrusted to the heads of affiliated institutions, which are subject to deliberation by the Central Mountainous District Management Committee;
3. Other matters prescribed by Presidential Decree, among matters concerning preservation and use of mountainous districts.
(2) Regional mountainous district management committees may be established in the Special Metropolitan City, Metropolitan Cities, Dos, and a Special Self-Governing Province (hereinafter referred to as "Cities/Dos") to deliberate upon the following matters related to the use and preservation of mountainous districts:
1. Matters, among those under the authority of the Administrator of the Korea Forest Service, as entrusted to a Mayor/Do Governor or the head of a Si/Gun/Gu, which are subject to deliberation by the Central Mountainous District Management Committee;
2. Other matters prescribed by Presidential Decree, among matters related to preservation and use of mountainous districts.
(3) With respect to matters concerning the cancellation of designation of any preserved mountainous district under Article 6 (3) 2 and 3, which would entail any change in the urban management planning under the National Land Planning and Utilization Act, deliberation by the regional mountainous district management committee concerned shall be deemed carried out, if such matters have been deliberated by the City/Do Urban Planning Committee under Article 113 (1) of the same Act.
(4) Organization of the Central Mountainous District Management Committee and regional mountainous district management committees under paragraphs (1) and (2) (hereinafter referred to as "mountainous district management committees"), appointment of members thereof, and other necessary matters regarding the operation of the committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 23 (Allowances, Travelling Expenses, etc. for Members, etc.)  
Allowances, travelling expenses, and other necessary expenses may be reimbursed, within budgetary limits, for members and other related persons attending mountainous district management committees and experts who offer opinions: Provided, That the same shall not apply where members or related persons who are public officials attend the meetings in direct connection to their duties.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 24 (Deemed Public Official in Application of Penal Provisions)  
Non-public official members of mountainous district management committees shall be deemed public officials for the purposes of penal provisions of the Criminal Act and other Acts.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
CHAPTER III COLLECTION, ETC. OF EARTH OR STONE
Section 1 Collection of Earth or Stone
법령보기 화면
 Article 25 (Permission, etc. for Collecting Earth or Stone)  
(1) Anyone who intends to collect earth or stone in a mountainous district shall obtain permission to collect earth or stone from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu according to the following classifications, as prescribed by Presidential Decree. The same shall apply where he or she intends to change permitted matters: Provided, That where he or she intends to modify any minor matter prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, he or she may report such fact to the competentMayor/Do Governor or the head of the competent Si/Gun/Gu in lieu of permission:
1. Where the area of land, in which earth or stone will be collected, is not less than 100,000 square meters: Permission from the competent Mayor/Do Governor;
2. Where the area of land, in which earth or stone will be collected, is less than 100,000 square meters: Permission from the head of the competent Si/Gun/Gu.
(2) Anyone who intends to collect earth or sand of an amount prescribed by Presidential Decree in a mountainous district for the purpose of soil dressing or for other purposes prescribed by Presidential Decree shall, notwithstanding paragraph (1), report such collection of earth or sand to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu according to the following classifications. The same shall also apply where he or she intends to modify any matter prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, among matters reported:
1. Where the area of land, in which earth or sand will be collected, is not less than 100,000 square meters: Reporting to the competent Mayor/Do Governor;
2. Where the area of land, in which earth or sand will be collected, is less than 100,000 square meters: Reporting to the head of the competent Si/Gun/Gu.
(3) A period for collecting earth or stone under the permission to collect earth or stone under paragraph (1) shall be a period of up to ten years determined by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu based on the standards prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries by considering the amount of earth or stone to be collected, the area of land in which earth or stone will be collected, etc.: Provided, That where a person who intends to obtain permission to collect earth or stone is not an owner of the relevant mountainous district, a period for collecting earth or stone shall not exceed the period for use thereof or profiting therefrom.
(4) Where a person who has obtained permission to collect earth or stone under paragraph (1) fails to collect the whole quantity of earth or stone permitted within the period for collecting earth or stone under paragraph (3), and needs to extend such period, he or she shall obtain permission for extension of the period for collecting earth or stone from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 25-2 (Collection of Earth or Stone Without Permission or Reporting)  
Any of the following earth or stone may be collected without permission to collect earth or stone under Article 25 (1) or without reporting on collection of earth or sand under paragraph (2) of the same Article: Provided, That reporting is required for cases prescribed by Presidential Decree, such permission:
1. The following earth or stone: Provided, That as for stone, it shall be limited where using or selling the collected stone for civil engineering purposes or processing it into fine aggregate in areas, other than the relevant area of a mountainous district converted or temporarily used:
(a) Earth or stone incidentally gathered in the course of converting or temporarily using a mountainous district by a person who has obtained permission for conversion of a mountainous district under Article 14 or permission for temporary use of a mountainous district under Article 15-2 (1) or has reported the conversion of a mountainous district under Article 15 or the temporary use of a mountainous district under Article 15-2 (2);
(b) Earth or stone incidentally gathered in the course of excavating a tunnel or drift to build roads, railroads, tracks, canals, or waterways;
2. Earth or stone incidentally gathered by any of the following persons in the course of collecting earth or stone permitted or reported:
(a) A person who has obtained permission to collect earth or stone or reported collection of earth or stone under Article 25 (1);
(b) A person who has reported collection of earth or sand under Article 25 (2);
(c) A person who has reported collection of stone under Article 30 (1);
3. Earth or stone purchased or gratuitously granted in the area of a State forest (referring to a State forest administered and managed by the Administrator of the Korea Forest Service in accordance with the main body of Article 4 (1) of the State Forest Administration and Management Act; hereinafter the same shall apply) in accordance with Article 35;
4. Earth or sand collected below the amount provided for in Article 25 (2) for the purpose prescribed in the same paragraph.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 25-3 (Designation, etc. of Restricted Areas for Collection of Earth or Stone)  
(1) The following mountainous districts deemed to especially need preservation for promoting the public interest shall be the prohibited areas for collection of earth or stone (hereinafter referred to as "prohibited areas for collection of earth or stone"):
1. Mountainous districts within a distance prescribed by Presidential Decree from the boundaries of administrative agencies and public facilities in order to protect the central administrative agencies and special local administrative agenciesprescribed in Articles 2 and 3 of the Government Organization Act and public facilities prescribed by Presidential Decree, such as roads referred to in Article 8 of the Road Act;
2. Mountainous districts within a distance prescribed by Presidential Decree from the boundaries of facilities in order to protect the sight along the facilities prescribed by Presidential Decree, such as railroads defined in subparagraph 1 of Article 3 of the Framework Act on Railroad Industry Development;
3. Mountainous districts of permanent State forestsprescribed in Article 16 of the State Forest Administration and Management Act (including where non-permanent State forests are deemed permanent State forests);
4. Mountainous districts in the prohibited areas for conversion or temporary use of mountainous districtsprescribed in Article 9 and other areas prescribed by Presidential Decree;
5. Mountainous districts in the areas designated and announced by the Administrator of the Korea Forest Service, which require protection for purposes of protecting the forest ecosystem and preserving the natural scenery and historical and cultural values.
(2) Article 9 (2) and (3) shall apply mutatis mutandisto procedures for designating prohibited areas for collection of earth or stone under paragraph (1) 5.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 25-4 (Restriction of Activities in Prohibited Areas for Collection of Earth or Stone)  
No earth or stone can be collected in the prohibited areas for collection of earth or stone: Provided, That the collection of earth or stone may be allowed in any of the following cases:
1. Where it is necessary to collect earth or stone in order to recover from a natural disaster or other calamity corresponding thereto;
2. Where collecting earth or stone incidentally in the course of excavating a tunnel or drift for a project prescribed by Presidential Decree, such as building of roads, and using them for the relevant project;
3. Where necessary for official or public projects, as prescribed by Presidential Decree;
4. Where prescribed by Presidential Decree, such as the collection of earth or stone with the consent of a manager or owner of the relevant public facilities, etc;
5. Where collecting earth or sand pursuant to Article 25 (2).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 25-5 (Cancellation of Designation of Prohibited Areas for Collection of Earth or Stone)  
(1) Where any area announced pursuant to Article 25-3 (1) 5 falls under any of the following subparagraphs, the Administrator of the Korea Forest Service may cancel designation of such area as a prohibited area for collection of earth or stone:
1. Where the significance of the designation as such is lost due to a natural disaster, etc.;
2. Where such area is designated as a district, zone, area, etc. pursuant to Article 8 (1), and it is inevitable to carry out the relevant project.
(2) Article 9 (2) and (3) shall apply mutatis mutandis to procedures for designation and cancellation of prohibited areas for collection of earth or stone under paragraph (1).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 26 (Evaluation of Economic Feasibility of Collecting Stone)  
(1) Any person who intends to obtain permission to collect earth or stone (limited to stone) under Article 25 (1) shall undergo evaluation as to the economic feasibility of collection of stone from specialized research institutions prescribed by Presidential Decree, and submit the results thereof to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as collection of stone for civil engineering.
(2) Matters concerning methods, standards, etc. for evaluation of economic feasibility of collecting stone by specialized research institutions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 27 (Collection, etc. of Earth or Stone in Mining Lots)  
(1) Where any person intends to obtain permission to collect earth or stone under Article 25 (1) in any mining lots prescribed by subparagraphs 3-2, 3-3 and 4 of Article 3 of the Mining Industry Act or to report collection of stone in any stone collection complex under Article 30 (1), he or she shall obtain consent from the relevant mining right holder or mining concession holder: Provided, That the same shall not apply toany of the following cases based on the results of surveys conducted by any specialized research institution prescribed by Presidential Decree:
1. Where minerals in an area for collection of earth or stone are below the standard of mineral grade;
2. Where it is recognized that mining activities and activities to collect earth or stone do not affect each other in the course of work.
(2) Where a mining right holder or mining concession holder who has obtained authorization of mining plans for mining minerals under the Mining Industry Act intends to collect earth or stonecontaining such minerals in the authorized mining lots in order to use or sell them for purposes other than mining, he or she shall enter into a sales contract or obtain permission to collect earth or stone according to the following classifications: Provided, That the same shall not apply where limestone for marble, among minerals, is collected for the purposes of construction or craft:
1. Mountainous districts in State forests: Sales contracts for earth or stone with the Administrator of the Korea Forest Service pursuant to Article 35 (1);
2. Mountainous districts other than those prescribed by subparagraph 1: Permission to collect earth or stone pursuant to Article 25 (1).
(3) Where the Administrator of the Korea Forest Service enters into a sales contract pursuant to paragraph (2) 1, he or she shall deduct the portion corresponding to minerals contained in the earth or stone from the sales proceeds, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 28 (Criteria for Permission to Collect Earth or Stone)  
(1) When a Mayor/Do Governor or the head of a Si/Gun/Gu grants permission to collect earth or stone pursuant to Article 25 (1), he or she shall do so only when the application for such permission meets the following criteria (in cases of collection of earth or sand, limited to subparagraphs 1 and 2):
1. The relevant area shall not be a restricted area for collection of earth or stone;
2. The shape of the mountainous district, composition of forest trees, the area and methods of collection of earth or stone, etc. shall meet the standards prescribed by Presidential Decree;
3. The economic feasibility of collection of stone shall be recognized based on the results of evaluation by a specialized research institution under Article 26 (1);
4. It shall meet the standards prescribed by Presidential Decree, such as installation of facilities to prevent disasters in neighboringareas,in which the living environment, etc. may be affected by collection of earth or stone;
5. Equipment, etc. necessary to collect earth or stone shall be properly prepared according to the standards prescribed by Presidential Decree: Provided, That the same shall not apply to those who have registered the aggregate extraction business under the Aggregate Extraction Act and those who intend to collect natural rocks pursuant to the proviso to paragraph (3).
(2) In granting permission to collect earth or stone under Article 25 (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may not apply any or all of subparagraphs of paragraph (1), as prescribed by Presidential Decree, in any of the following cases:
1. Where it is necessary to collect earth or stone in order to recover from a natural disaster or other calamity corresponding thereto;
2. Where incidentally collecting earth or stone in the course of excavating a tunnel or drift for any project prescribed by Presidential Decree, such as building of roads, and using them for the relevant project;
3. Where necessary for an official or public project, as prescribed by Presidential Decree.
(3) Rocks not smaller than the size prescribed by Presidential Decree among intact rocks without artificial cutting or crushing in mountainous districts (hereinafter referred to as "natural rocks") may not be collected: Provided, That where it is necessary for the State or a local government to implement an official or public project or in other cases prescribed by Presidential Decree, natural rocks may be collected subject to permission to collect earth or stone pursuant to Article 25 (1).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 29 (Designation and Cancellation of Designation of Stone Collection Complexes)  
(1) Where it is deemed that joint collection of stone would be beneficial for preservation of the national land and the natural environment, as a substantial amount of quality stone is buried in a certain area, the Administrator of the Korea Forest Service may, ex officio or upon receipt of an application, designate such area as a stone collection complex, as prescribed by Presidential Decree. In such cases, the Administrator of the Korea Forest Service shall consult with the heads of relevant administrative agencies.
(2) Any person who intends to apply for designation of a stone collection complex under paragraph (1) shall undergo evaluation as to economic feasibility of collection of stone by a specialized research institution under the main body of Article 26 (1), and submit the results thereof to the Administrator of the Korea Forest Service.
(3) Detailed criteria for designation of stone collection complexes under paragraph (1) shall be prescribed by Presidential Decree.
(4) In any of the following cases, the Administrator of the Korea Forest Service may wholly or partially cancel the designation of a designated stone collection complex under paragraph (1): Provided, That in cases of subparagraphs 1 and 3, such designation shall be cancelled:
1. Where designation is made by false or other unjust means;
2. Where collection of stone is completed or it is deemed that the stone collection complex is no longer required to remain as such in consideration of the quality and the amount of stones buried;
3. Where cancellation of designation is deemed inevitable to protect the neighboring forests and the livelihood of residents.
(5) Where the Administrator of the Korea Forest Service designates a stone collection complex or cancels the designation thereof pursuant to paragraph (1) or (4), he or she shall announce such as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 30 (Reporting on Collection of Stone in Stone Collection Complexes)  
(1) Where a person intends to collect stone in a stone collection complex designated pursuant to Article 29 (1), notwithstanding Article 25 (1), he or she shall report the collection of stone to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu according to the following classification, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.The same shall also apply where he or she intends to modify any matter prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries, among matters so reported:
1. Where the area of land,in which stone will be collected is not less than 100,000 square meters: Reporting to the competent Mayor/Do Governor;
2. Where the area of land, in which stone will be collected is less than 100,000 square meters: Reporting to the head of the competent Si/Gun/Gu.
(2) The period for collection of stone based on reporting on the collection of stone prescribed by paragraph (1) shall be the period reported by a person who intends to report on the collection of stone within the limit of ten years: Provided, That where a person who intends to report the collection of stone is not the owner of the relevant mountainous district, the period for collection of stone shall not exceed the period during which he or she may use such mountainous district and benefit therefrom.
(3) Where a person who has reported the collection of stone under paragraph (1) fails to collect the whole quantity of stones reported within a period fixed under paragraph (2) and therefore needs to extend the collection period, he or she shall report an extension of the period for collection of stone to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(4) Where designation of a stone collection complex is wholly or partially cancelled pursuant to Article 29 (4) 1 and 3, the period for collection of stone in the relevant area under paragraph (2) or (3) shall be until the date on which the relevant cancellation of designation is made.
(5) Where a person intends to report the collection of stone pursuant to paragraph (1), he or she shall have necessary equipment, etc. for collecting stone in compliance with the standards prescribed by Presidential Decree: Provided, That the same shall not apply to those who have registered the aggregate extraction business under the Aggregate Extraction Act and those who intend to collect natural rocks pursuant to the proviso to Article 28 (3).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 31 (Revocation, etc. of Permission to Collect Earth or Stone)  
Where a person who has obtained permission to collect earth or stone pursuant to Article 25 (1), reported the collection of earth or sand pursuant to Article 25 (2), or reported the collection of stone pursuant to Article 30 (1) falls under any of the following subparagraphs, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu may revoke such permission, issue an order to suspend the collection of stone, or order other necessary measures: Provided, That in cases falling under subparagraph 1, such permission shall be revoked or an order shall be issued to suspend the collection of earth and sand or stone:
1. Where a person has obtained permission or filed a report by false or other unjust means;
2. Where a person fails to commence the collection of earth or stone within six months from the date on which he or she obtains permission or reports, or suspends such work for one year or longer, without justifiable grounds;
3. Where a person no longer meets the requirements, such as equipment, prescribed by the main body of Article 28 (1) 5 or the main body of Article 30 (5);
4. Where a person who has obtained permission or reported (including an employee and a servant) collects earth or stone, other than those permitted or reported;
5. Where a person fails to carry out an order to take necessary measures pursuant to any subparagraph of Article 37 (2);
6. Where a person fails to deposit recovery expenses under Article 38 (including cases where a person fails to re-deposit money for recovery expenses reduced pursuant to Article 37 (4));
7. Where a person who has obtained permission requests the revocation of such permission or a person who has reported withdraws such report;
8. Where a person violates the conditions of permission.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
Section 2 Deleted.
법령보기 화면
 Article 32 Deleted.<by Act No. 8283, Jan. 26, 2007>  
법령보기 화면
 Article 33 Deleted.<by Act No. 8283, Jan. 26, 2007>  
법령보기 화면
 Article 34 Deleted.<by Act No. 8283, Jan. 26, 2007>  
Section 3 Sales of Stone and Earth or Sand
법령보기 화면
 Article 35 (Sale, etc. of Earth or Stone in Mountainous Districts of State Forests)  
(1) The Administrator of the Korea Forest Service may sell or gratuitously grant earth or stone in mountainous districts of State forests, ex officio or upon receipt of an application: Provided, That gratuitous grant shall be limited to any of the following cases:
1. Where necessary to recover from a disaster in the event of a natural disaster or other disaster;
2. Where, in cases falling under any of the following, it is requested by the head of a relevant administrativeagency,and the Administrator of the Korea Forest Service deems such request is reasonable:
(a) Where it is intended to use earth or stone incidentally collected in the course of installing or improving a road or railroad or performing an electric source development project under the Road Act, the Railroad Construction Act or the Electric Source Development Promotion Act, for the purpose of the relevant work;
(b) Where it is intended to directly use earth or stone collected while producing minerals in order to prevent a mining disaster or recover therefrom in the course of mining development;
(c) Where the State, local governments, government-invested institutions, etc. intend to use earth or stone collected while performing an official or public project, for the purposes of such projects.
(2) Where earth or stone is sold upon receiving an application pursuant to the main body of paragraph (1), the Administrator of the Korea Forest Service may sell them by private contract under Article 7 of the Act on Contracts to which the State is a Party.
(3) Where a person intends to apply for purchase or gratuitous concession of earth or stone in the mountainous district of a State forest pursuant to the main body of paragraph (1), he or she shall undergo evaluation by a specialized research institution under the main body of Article 26 (1) concerning the economic feasibility of collection of stone, and submit the results thereof to the Administrator of the Korea Forest Service.
(4) Notwithstanding paragraph (1), where a person who has obtained authorization for mining plans under the Mining Industry Act intends to use or sell earth or stone incidentally generated in the course of crushing and smelting minerals collected in the mountainous district of a State forest, he or she may use or sell such earth or stone even if the earth or stone are purchased or gratuitously granted from the Administrator of the Korea Forest Service.
(5) In selling earth or stone in mountainous districts of State forests under the main body of paragraph (1), Article 28 shall apply mutatis mutandis to the criteria for sale, and Article 30 to the period of sale and equipment.
(6) Matters concerning the sale of earth or stone or the period of gratuitous grant, taking out earth or stone purchased or gratuitously granted, methods of sales contract, determination of selling prices, the period for payment of selling prices, etc. under paragraph (1) shall be determined by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 36 (Cancellation of Contracts or Revocation of Gratuitous Concession)  
(1) In any of the following cases, the Administrator of the Korea Forest Service may cancel a sales contract or revoke a gratuitous concession under Article 35 (1), or issue an order to suspend the collection of earth or stone, to remove structures and facilities, to reinstate the relevant mountainous district, or to take other necessary measures: Provided, That in cases falling under subparagraph 6, the said Administrator shall cancel a sales contract or revoke a gratuitous concession:
1. Where a person who has purchased earth or stone fails to meet the standards for equipment, etc. under the main body of Article 28 (1) 5 which apply mutatis mutandis pursuant to Article 35 (5);
2. Where a person who has purchased earth or stone or received gratuitous concession thereof (including any employee and servant) collects earth or stone, other than those so purchased or gratuitously conceded;
3. Where a person who has purchased earth or stone fails to pay the purchase price by a deadline;
4. Where a person fails to carry out an order to take necessary measures pursuant to any subparagraph of Article 37 (2);
5. Where a person fails to deposit recovery expenses under Article 38 (including cases where a person fails to re-deposit money for recovery expenses reduced pursuant to Article 37 (4));
6. Where a person purchases earth or stone or receives gratuitous concession thereof by false or other unjust means;
7. Where a person fails to commence collection of earth or stone within six months from the date on which he or she purchases earth or stone or receives gratuitous concession thereof, or suspends such work for one year or longer, without justifiable grounds;
8. Where a person violates the conditions of sale or gratuitous concession.
(2) Where a sales contract is cancelled pursuant to paragraph (1), the contract bond, price already paid, and earth or stone sold within the relevant mountainous district shall escheat to the State: Provided, That where a person who has purchased earth or stone cancels the relevant sales contract before such earth or stone are collected, the State shall return all or part of the price already paid.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
CHAPTER IV PREVENTION OF DISASTERS, RECOVERY THEREFROM, ETC.
법령보기 화면
 Article 37 (Prevention of Disasters, etc.)  
(1) The Administrator of the Korea Forest Service, aMayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "permitting authority") may, as prescribed by Presidential Decree, conduct surveys, examinations, inspections, etc. necessary for the prevention of disasters, such as earth or sand erosion, landslides, or damage in neighboring areas, or for the maintenance of scenery as to any mountainous district subject to conversion, temporary use, collection of earth or stone, or recovery under permission, etc. under any of the following subparagraphs:
1. Permission for conversion of mountainous district under Article 14;
2. reporting on conversion of mountainous district under Article 15;
3. Permission for or reporting on temporary use of a mountainous district under Article 15-2;
4. Permission to collect earth or stone under Article 25 (1) or reporting on collection of earth or sand under paragraph (2) of the same Article;
5. Reporting on the collection of stone within a stone collection complex under Article 30 (1);
6. Sales contracts or gratuitous concession of earth or stone pursuant to Article 35 (1);
7. Order to recover a mountainous district under Articles 39 and 44;
8. Administrative dispositions by which permission is deemed granted or a report is deemed filed or such permission or report is deemed excluded, as prescribed by subparagraphs 1 through 5, in accordance with other Acts.
(2) If deemed necessary, as a result of a survey, examination, inspection, etc. conducted under paragraph (1), the permitting authority may direct a person who has obtained permission, etc. or has filed a report, etc. under any subparagraph of paragraph (1) to take any of the followingmeasures as necessary, as prescribed by Presidential Decree: Provided, That a person who has obtained permission or received a disposition under paragraph (1) 1 or 8 and conducts mining pursuant to the Mining Industry Act shall comply with the Mining Safety Act, and a person who has received an administrative disposition, such as authorization, permission, and approval, as to any urban area or planned control area pursuant to the National Land Planning and Utilization Act shall comply with the National Land Planning and Utilization Act:
1. Temporarily suspending the conversion or temporary use of a mountainous district, the collection of earth or stone, or recovery;
2. Measurers to prevent earth or sand erosion, such as afforesting mountainous districts subject to conversion, temporary use, collection of earth or stone, or recovery;
3. Measures necessary to prevent disasters, such as installation of facilities, tree planting, or erosion control;
4. Other measures necessary to maintain scenery.
(3) The permitting authority may take measures according to the following classifications, if a person in receipt of an order to take measures necessary to prevent disasters, such as earth or sand erosion, landslides, or damage in neighboring areas, to maintain the scenery, or to recover from a disaster pursuant to paragraphs (1) and (2) fails to comply with such order:
1. For a person who has deposited recovery expenses pursuant to the main body of Article 38 (1): Measures to designate an agent to conduct recovery activities on his or her behalf and to appropriate the expense with the recovery expenses deposited;
2. For a person to whom the proviso to Article 38 (1) applies: Vicarious execution under the Administrative Vicarious Execution Act.
(4) The permitting authority shall designate an agent to take measures necessary to prevent disasters, such as earth or sand erosion, landslides, or damage in neighboring areas, to maintain the scenery, or to perform recovery pursuant to paragraph (3) 1; and where such expense is appropriated with the recovery expenses deposited, the permitting authority shall direct the amount of deposit money for recovery expenses reduced due to such appropriation to be re-deposited, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 38 (Deposit, etc. of Recovery Expenses)  
(1) Where a person intends to obtain permission, etc. or file a report, etc. falling under any subparagraph of Article 37 (1), he or she shall, in advance, deposit with the relevant permitting authority expenses to be incurred in preventing disasters, such as earth or sand erosion, landslides, or damage in neighboring areas, in maintaining the scenery, or in performing recovery (hereinafter referred to as "recovery expenses"), as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries: Provided, That the same shall not apply where the area for conversion of mountainous district does not exceed 660 square meters or otherwise in cases prescribed by Presidential Decree.
(2) Notwithstanding the main body of paragraph (1), the permitting authority may direct a person who intends to qualify for an administrative disposition by which permission is deemed granted or a report is deemed filed or such permission or report is deemed excluded under Article 37 (1) 1 through 5 to deposit recovery expenses with the permitting authority, after receiving such disposition, when such person actually converts or temporarily uses a mountainous district or collects earth or stone, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(3) Where the period for the conversion or temporary use of a mountainous district or the collection of earth or stone by a person liable to deposit recovery expenses pursuant to paragraph (1) or (2) exceeds one year, the permitting authority shall recalculate the recovery expenses each year; and where the recovery expenses deposited pursuant to paragraph (1) or (2) are less than the recalculated recovery expenses, the permitting authority shall have such person further deposit the shortfall.
(4) Taking into account the period, area, etc. for the conversion or temporary use of a mountainous district or the collection of earth or stone, the permitting authority may allow a person to deposit recovery expenses in installments, as prescribed by Presidential Decree.
(5) Matters concerning standards and methods of calculation of recovery expenses, timing to make deposit, procedures therefor, etc. shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 39 (Recovery of Converted Mountainous Districts, etc.)  
(1) Any person who obtains permission, etc. or files a report, etc. falling under any subparagraph of Article 37 (1) shall recover a mountainous district in any of the following cases:
1. Where a person who has obtained permission for conversion of mountainous district under Article 14 (1) or has reported conversion of a mountainous district under Article 15 (1) completes the intended project, or the period of such conversion of a mountainous district expires;
2. Where a person who has obtained permission to collect earth or stone under Article 25 (1) or has reported the collection of stone (including the sale of earth or stone) in a stone collection complex under Article 30 (1) completes the collection of earth or stone, or the period of collection of earth or stone expires;
3. Where a person who has obtained permission to temporarily use a mountainous district under Article 15-2 (1) or has reported the temporary use of a mountainous district under paragraph (2) of the same Article completes the intended project, or the period of such temporary use expires;
4. Where the recovery of a mountainous district is otherwise required.
(2) Where the conversion or temporary use of a mountainous district or the collection of earth or stone continues over a long period, or it is necessary to restore scenery or conduct forest recovery from a disaster, the permitting authority may, even before the expiration of the relevant period, issue an order to conduct interim recovery in areas for which the intended project is completed, as prescribed by Presidential Decree.
(3) Where any area exists, among areas to be restored in mountainous districts pursuant to paragraphs (1) and (2), the use of which is determined as one other than a mountainous district by this Act or other Acts prior to inspection of completion of recovery under Article 42 (1), or otherwise in cases prescribed by Presidential Decree, the permitting authority may wholly or partially exempt recovery obligations under paragraphs (1) and (2).
(4) Restoration of any mountainous district, in which conversion, temporary use or collection of earth or stone has taken place, shall be conducted by laying earth or stone (referring to earth or stone free of any waste defined in subparagraph 1 of Article 2 of the Wastes Control Act) on the ground and covering the surface thereof with earth suitably for vegetation.
(5) Matters concerning the scope of mountainous district recovery under paragraph (1), procedures for application for exemption from recovery obligations under paragraph (3), and other matters shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 40 (Approval, etc. of Design Plans for Recovery)  
(1) Where any person who is required to recover mountainous districts pursuant to Article 39 (1) and (2) (hereinafter referred to as "person liable to perform recovery") shall submit a design plan for recovery of a mountainous district, which contains the period for recovery of the mountainous district, etc. (hereinafter referred to as "design plan for recovery") to the permitting authority within a period prescribed by Presidential Decree, and obtain approval thereof. The same shall also apply to any intended modification to the approved design plan for recovery.
(2) Where an inevitable reason is deemed to exist that prevents a person liable to perform recovery, from submitting a design plan for recovery within a prescribed period under paragraph (1), the permitting authority may extend such period in accordance with Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(3) Matters concerning standards for preparing design plans for recovery, procedures for application for approval, approval criteria, etc. shall be determined by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 40-2 (Supervision, etc. of Mountainous District Recovery Works)  
(1) Works to recover a mountainous district conducted by a person liable to perform recovery (including an agent or a person who performs vicarious execution under Article 41; hereafter the same shall apply in this Article), the area of which is not less than that prescribed by Presidential Decree shall be supervised by any of the following persons: Provided, That the same shall not apply where he or she has undergone supervision under any other Act:
1. A professional engineer office specializing in the field of forestry under the Professional Engineers Act;
2. An engineering business operator specializing in the field of forestry under the Engineering Industry Promotion Act;
3. A person qualified to supervise mountainous district recovery works under the Forestry Cooperatives Act or the Construction Technology Management Act.
(2) Where a person who supervises mountainous district recovery works under paragraph (1) (hereinafter referred to as "supervisor") discovers that this Act or any other related Act or subordinate statute is violated or that mountainous district recovery works are not performed as set forth in the design plan for recovery approved pursuant to Article 40, during supervising such works, he or she shall, without delay, notify the person liable to perform recovery that corrective measures should be taken, and report such fact to the relevant permitting authority within seven days.
(3) A person liable to perform recovery shall, upon receipt of a notice to take corrective measures under paragraph (2), promptly correct the violation in question and have it confirmed by the supervisor.
(4) A person liable to perform recovery, who has an objection against a notice to take corrective measures given by the supervisor under paragraph (2), may suspend the relevant works and file an objection to the competent permitting authority.
(5) Standards and procedures for the supervision of mountainous district recovery works, criteria for selection of supervisors, the management and supervision of supervisors, and other necessary matters shall be determined by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 41 (Vicarious Execution, etc. of Recovery)  
Where a person liable to perform recovery fails to submit a design plan for recovery within a prescribed period under Article 40 (1) to the competent permitting authority or fails to complete recovery within a period for recovery specified in the design plan for recovery approved pursuant to paragraph (1) of the same Article, the permitting authority may take following measures:
1. For a person who has deposited recovery expenses pursuant to the main body of Article 38 (1): Measures to designate an agent to perform recovery on his or her behalf and to appropriate the expense with the deposited recovery expenses;
2. For a person to whom the proviso to Article 38 (1) applies: Vicarious execution under the Administrative Vicarious Execution Act.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 42 (Inspection for Completion of Recovery Works)  
(1) Where a person liable to perform recovery completes recovery or recovery is completed by an agent or a person who performs vicarious execution pursuant to Article 41, the competent permitting authority shall conduct an inspection for completion of recovery works.
(2) The permitting authority shall have a person who intends to undergo an inspection for completion of recovery works under paragraph (1) deposit, in advance, the defect warranty bond pursuant to Ministerial Decree for Food, Agriculture, Forestry and Fisheries in order to have him or her repair defects that may be generated after such inspection: Provided, That where expenses for recovery are not deposited pursuant to the proviso to Article 38 (1) or as otherwise prescribed by Presidential Decree, the deposition of the defect warranty bond may be exempted.
(3) Matters concerning procedures, etc. for applying an inspection for completion of recovery works pursuant to paragraph (1), the amount of defect warranty bond under paragraph (2), the methods and period of deposit thereof, etc. shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 43 (Return of Expenses for Recovery)  
(1) In any of the following cases, the permitting authority shall partially or wholly return expenses for recovery deposited based on restored areas to a depositor:
1. Where exemption of recovery obligation under Article 39 (3) is determined;
2. Where an inspection for completion of recovery works under Article 42 is completed;
3. Where an order to remove structures or recover mountainous districts under Article 44 (1) (limited to cases falling under subparagraphs 3 through 5 of the same paragraph) are executed, or vicarious execution under paragraph (2) of the same Article is completed;
4. Where the validity of permission for conversion of a mountainous district, etc. is extinguished before a person who has received a disposition, such as permission for conversion of a mountainous district, commences the relevant project.
(2) In returning expenses for recovery deposited pursuant to paragraph (1), if the permitting authority has appropriated expenses for performance by an agent or vicarious execution with the recovery expenses deposited pursuant to subparagraph 1 of Article 41 or the latter part of Article 44 (2), it shall return the amount less such appropriated expenses.
(3) Necessary matters concerning return of expenses for recovery pursuant to paragraphs (1) and (2) shall be determined by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 44 (Recovery, etc. of Unlawfully Converted Mountainous Districts)  
(1) In any of the following cases, the permitting authority may direct a person who has done the act in question to remove structures or recover a mountainous district, the form or quality of which has been changed:
1. Where a use is changed without obtaining approval for change of use under Article 21 (1);
2. Where a person conducts the conversion or temporary use of a mountainous district or collects earth or stone without obtaining permission, etc. or reporting, etc. under any subparagraph of Article 37 (1);
3. Permission, a sales contract, etc. under any subparagraph of Article 37 (1) is revoked or cancelled in accordance with Article 20, 31 or 36 (1);
4. Where a person who has made report under any subparagraph of Article 37 (1) violates an order to take measures pursuant to Article 20 or 31;
5. Where an administrative disposition under Article 37 (1) 8 is revoked.
(2) Where a person who has received an order under paragraph (1) fails to execute such order, the permitting authority may perform vicarious execution pursuant to the Administrative Vicarious Execution Act. In cases of paragraph (1) 3 through 5, if the relevant actor has deposited recovery expenses pursuant to the main body of Article 38 (1), the relevant recovery expenses may be appropriated for expenses for vicarious execution.
(3) Article 39 (3) and (5) shall apply mutatis mutandis to the exemption of recovery obligation under paragraph (1) and application therefor; Article 39 (4) to the methods of recovery; Article 40 to the approval, etc. of design plans for recovery; Article 40-2 to the supervision of recovery works; and Article 42 to the inspection for completion of recovery works and the deposition and exemption of the defect warranty bond, respectively.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 44-2 (Investigation of Unlawfully Converted Mountainous Districts, etc.)  
(1) In order to investigate the following matters, the Administrator of the Korea Forest Service may require a person who has obtained permission for conversion of a mountainous district or has reported on conversion of a mountainous district, or a person who has obtained permission to collect earth or stone or has reported the collection of earth or stone, or the collection of stone, to report his or her business affairs, to submit related data, or to cooperate in on-the-spot investigations, and may direct relevant public officials to make access to a workplace, mountainous district, and other places of the person who has obtained such permission or has so reported to inspect accounting books, documents and other things or to question related persons:
1. Whether the mountainous district is unlawfully converted;
2. Whether a ground for revoking permission, etc. exists under any subparagraph of Article 20;
3. Whether a ground for revoking permission, etc. exists under any subparagraph of Article 31.
(2) Where the Administrator of the Korea Forest Servicedeems it necessary to conduct an overall nationwide investigation with respect to any subparagraph of paragraph (1), he or she may authorize a specialized mountainous district institution prescribed by Presidential Decree to conduct such investigation on his or her behalf, or entrust such institution with such investigation, for a fixed period.
(3) The Administrator of the Korea Forest Service may take any necessary measures under Articles 20, 31 and 44, based on the results of investigations conducted under paragraphs (1) and (2).
(4) Any person who makes access or conducts inspections or investigations under paragraphs (1) and (2) shall carry an identity card indicating his or her authority and produce it to related persons.
[This Article Added by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 45 (Designation and Fostering of Specialized Institutions for Recovery)  
(1) For the purpose of efficiently restoring mountainous districts, the Administrator of the Korea Forest Service may designate persons who perform any of the following duties as specialized institutions or organizations for recovery of mountainous district (hereinafter referred to as "specialized institutions for recovery") and foster them as such:
1. Designing and supervising the reinstatement of mountainous districts, the form or quality of which has been changed;
2. Restoring the natural ecosystem of mountainous districts, the form or quality of which has been changed, and conducting surveys, research and development on methods of environmentally friendly reinstatement;
3. Reinstating mountainous districts, the form or quality of which has been changed;
4. Other duties designated by the Administrator of the Korea Forest Service concerning reinstatement of mountainous districts, the form or quality of which has been changed.
(2) The specialized institutions for recovery shall be the National Forestry Cooperatives Federation established under the Forestry Cooperatives Act and other corporations designated in accordance with requirements and procedures prescribed by Presidential Decree (excluding corporations prescribed by the Commercial Act).
(3) The Administrator of the Korea Forest Service may subsidize all or some expenses incurred by specialized institutions for recovery to perform their duties.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 46 (Korea Forest Conservation Association)  
(1) There is hereby established a Korea Forest Conservation Association (hereinafter referred to as the "Association") to implement projects, such as investigation and research as well as education and publicity of policies and institutions to preserve mountainous districts and develop forest resources.
(2) The Association shall be a legal entity.
(3) Expenses to be incurred in the business of the Association shall be appropriated with membership fees, business revenues, etc.; and the State or local governments may subsidize some of such expenses within budgetary limits.
(4) Necessary matters concerning the business, structure, operation, etc. of the Association shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
(5) Except as otherwise prescribed by this Act, provisions concerning incorporated associations under the Civil Act shall apply mutatis mutandis to the Association.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
법령보기 화면
 Article 46-2 (Monetary Rewards)  
The Administrator of the Korea Forest Service may grant monetary rewards to those who report or accuse any person who has violated any of the main body of Article 14 (1) and the first parts of Articles 15 (1), 15-2 (1), 15-2 (2) and 25 (1) to the offices of mountainous district administration or investigation agencies, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 47 (Access to Third Person's Land, etc.)  
(1) Where necessary to have public officials affiliated with the permitting authority conduct surveys of matters concerning conservation and use of mountainous districts, such as basic and regional surveys on mountainous districts to establish a master plan and regional plans, designation and change of preserved mountainous districts or cancellation of designation thereof, and designation of restricted areas for conversion or temporary use of mountainous districts and cancellation thereof, the permitting authority may allow them to enter a third person's land or temporarily use such land, and, under uncontrollable situations, may have such public officials remove or change standing timber, bamboo, or other obstacles.
(2) Where a person intends toenter a third person's land, to temporarily use a third person's land, or to remove or change obstacles pursuant to paragraph (1), he or she shall give notice of the date and place to the owner, possessor or administrator of such land no later than three days prior to the date on which he or she intends to or use such land or to remove or change such obstacles.
(3) No one is allowed to enter a third person's housing site or land enclosed by walls or fences, before sunrise or after sunset, without obtaining approval of an occupant of the relevant land.
(4) Any person who conductssurveys pursuant to paragraph (1) shall carry an identity card indicating his or her authority and produce it to related persons.
(5) Matters concerning identity cards under paragraph (4) shall be prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 48 (Compensation for Loss due to Access to Land, etc.)  
(1) Where any person suffers loss due to activities prescribed in Article 47 (1), the permitting authority shall compensate him or her for such loss.
(2) With regard to compensation for loss under paragraph (1), the permitting authority shall consult with the person who suffers loss.
(3) Where an agreement is not or cannot be reached pursuant to paragraph (2), the permitting authority or an person who suffers loss may file an application for adjudication with the competent Land Tribunal under Article 49 of the Act on Acquisition of and Compensation for Land, etc. for Public Works.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 49 (Hearings)  
Where the permitting authority seeks to take any of the following dispositions, it shall hold hearings, in advance, as prescribed by Presidential Decree:
1. Where it seeks to revoke permission for the conversion or temporary use of a mountainous district pursuant to Article 20;
2. Where it seeks to cancel designation of a stone collection complex pursuant to Article 29 (4);
3. Where it seeks to revoke permission to collect earth or stone pursuant to Article 31.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 50 (Fees)  
Any of the following persons shall pay fees, as prescribed by Presidential Decree: Provided, That the same shall not apply where the State or a local government installs any official or public facilities:
1. Any person who applies for permission for conversion of a mountainous district under Article 14;
2. Any person who reports the conversion of a mountainous district under Article 15;
3. Any person who applies for permission for the temporary use of a mountainous district or reports the temporary use of a mountainous district under Article 15-2;
4. Any person who applies for approval to change a use under Article 21;
5. Any person who applies for permission to collect earth or stone under Article 25 (1) or reports collection of earth or sand under paragraph (2) of the same Article;
6. Any person who applies for designation of a stone collection complex under Article 29 (2);
7. A person who applies for an inspection on completion of recovery works under Article 42.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 51 (Succession of Rights, Obligations, etc.)  
Any disposition, application, reporting and other activities under this Act or orders issued under this Act shall be effective in relation to the owner of the relevant mountainous district, any person who may use the mountainous district and benefit therefrom with due source of authority, and any successor to the owner or occupant of the mountainous district.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 52 (Delegation, etc. of Authority)  
(1) Authority of the Administrator of the Korea Forest Service under this Act may be partly delegated to the heads of institutions belonging to the Korea Forest Service or to the Mayors/Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
(2) The Administrator of the Korea Forest Service may allow the National Forestry Cooperatives Federation and other forestry cooperatives under the Forestry Cooperatives Act, or the Korea Forest Conservation Association established under Article 46, to conduct his or her business under this Act on his or her behalf, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 52-2 (Reexamination of Regulations)  
The Government shall examine the appropriateness of restrictions of activities in preserved mountainous districts under Article 12 and take measures, such as abolishing, relaxing or maintaining such restrictions, every five years beginning on December 31, 2010.
[This Article Added by Act No. 10331, May 31, 2010]
CHAPTER VI PENAL PROVISIONS
법령보기 화면
 Article 53 (Penal Provisions)  
Any of the following persons shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 50 million won. In such cases, imprisonment and a fine may be imposed concurrently:
1. A person who violates the main body of Article 14 (1) by conducting any conversion of a mountainous district without permission therefor or by conducting any conversion of a mountainous district upon obtaining permission therefor by false or other unjust means;
2. A person who violates the first part of Article 15-2 (1) by temporarily using a mountainous district without permission therefor or by temporarily using a mountainous district upon obtaining permission therefor by false or other unjust means;
3. A person who violates the first part of Article 25 (1) by collecting earth or stone without permission therefor or by collecting earth or stone upon obtaining permission therefor by false or other unjust means;
4. A person who collects natural rocks, in violation of Article 28 (3);
5. A person who collects earth or stone in the mountainous district of a State forest by means, other than purchase or gratuitous concession under Article 35 (1).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 54 (Penal Provisions)  
Any of the following persons shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won:
1. A person who violates the main body of Article 14 (1) by conducting any conversion of a mountainous district without permission of modifications or by conducting any conversion of a mountainous district upon obtaining permission of modifications by false or other unjust means;
2. A person who violates the latter part of Article 15-2 (1) by temporarily using a mountainous district without permission for modifications or by temporarily using a mountainous district upon obtaining permission for modifications by false or other unjust means;
3. A person who conducts any conversion of a mountainous district without paying expenses incurred in creating forest replacement resources, in violation of the latter part of Article 19 (2) 1;
4. A person who violates the latter part of Article 25 (1) by collecting earth or stone without permission of modifications or by collecting earth or stone upon obtaining permission of modifications by false or other unjust means.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 55 (Penal Provisions)  
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won:
1. A person who violates the first part of Article 15 (1) by conducting any conversion of a mountainous district without reporting thereon or by conducting any conversion of a mountainous district upon reporting thereon by false or other unjust means;
2. A person who violates the first part of Article 15-2 (2) by temporarily using a mountainous district without reporting thereon or by temporarily using a mountainous district upon reporting thereon by false or other unjust means;
3. A person who violates Article 18-2 (1) or (3) by conducting a feasibility survey on conversion of a mountainous district by false or other unjust means or by notifying or submitting any falsified or altered survey results;
4. A person who uses land which has undergone conversion of a mountainous district for other purposes without obtaining approval, in violation of Article 21 (1);
5. A person who violates the first part of Article 25 (2) by collecting earth or sand without reporting thereon or by collecting earth or sand upon reporting thereon by false or other unjust means;
6. A person who violates the first part of Article 30 (1) by collecting stone in a stone collection complex without reporting thereon or by collecting stone in a stone collection complex upon reporting thereon by false or other unjust means;
7. A person who violates an order to take measures under any subparagraph of Article 37 (2);
8. A person who reinstates a mountainous district using wastes or earth or stones containing wastes, in violation of Article 39 (4);
9. A person who fails to undergo supervision, or conducts supervision by false means, in violation of Article 40-2 (1) (including where it applies mutatis mutandis under Article 44 (3)) or (2);
10. A person who violates an order to remove structures or to reinstate a mountainous district, the form or quality of which has been changed, as prescribed by Article 44 (1).
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 56 (Joint Penal Provisions)  
If a representative of a corporation, or an agent, employee or other servant of the corporation or an individual, commits an offence under Articles 53 through 55 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
법령보기 화면
 Article 57 (Fines for Negligence)  
(1) Any of the following persons shall be subject to a fine for negligence not exceeding ten million won:
1. A person who fails to report any modification, in violation of any of the proviso to Article 14 (1), the latter parts of Articles 15 (1) and 15-2 (2), the proviso to Article 25 (1), and the latter parts of Articles 25 (2) and 30 (1);
2. A person who fails to submit to the permittingauthority, a design plan for recovery within a period prescribed in the first part of Article 40 (1) (including cases where it applies mutatis mutandis under Article 44 (3));
3. A person who fails to report the details of the notice of correction in violation of Article 40-2 (2) (including cases where it applies mutatis mutandis under Article 44 (3));
4. A person who refuses, interferes with, or evades the reporting on business affairs, the submission of data, or on-the-spot investigation, in violation of Article 44-2 (1) or (2).
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the competent permitting authorities, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Article 2 (Transitional Measures concerning Preserved Forest Land, etc.)
(1) Among preserved forest lands designated and publicly announced by the previous provisions of Articles 16 (1) and 17 (1) of the Forestry Act, as at the time this Act enters into force, production forest lands shall be deemed mountainous districts for forestry under Articles 4 (1) 1 (a) and 5, and forest lands for public interests mountainous districts for public interests designated and publicly announced under Articles 4 (1) 1 (b) and 5.
(2) The base map for forest use prepared pursuant to the previous provisions of Article 16-2 (2) of the Forestry Act as at the time this Act enters into force shall be deemed a classification map for mountainous district use under this Act until a classification map for mountainous district use is prepared pursuant to Article 4 (2).
Article 3 (Transitional Measures concerning Application for Permission, etc.)
An application for any of the following permission or consultation as at the time this Act enters into force shall be governed by the previous provisions of the Forestry Act:
1. Permission for conversion of preserved forest land pursuant to the previous provisions of Article 18 (1) and (2) of the Forestry Act;
2. Consultation on designation, etc. of a district, zone, area, etc. pursuant to the previous provisions of Article 18 (3) of the Forestry Act;
3. Sale, gratuitous concession, etc. of earth or sand pursuant to the previous provisions of Article 87 (1) of the Forestry Act;
4. Permission for or reporting on changes to form or quality of mountainous districts pursuant to the previous provisions of Article 90 of the Forestry Act;
5. Permission to collect stone pursuant to the previous provisions of Article 90-2 of the Forestry Act;
6. Reporting on collection of stone in a stone collection complex pursuant to the previous provisions of Article 90-5 of the Forestry Act;
7. Permission for or reporting on collection of earth or sand pursuant to the previous provisions of Article 90-6 of the Forestry Act.
Article 4 (Transitional Measures concerning Dispositions, etc.)
(1) In cases of any person who has obtained permission, etc. as stated in the left column in the following table or reported pursuant to the previous provisions of the Forestry Act, as at the time this Act enters into force, and any person who has obtained permission, etc. in the left column in the following table or reported pursuant to Article 3 of the Addenda after this Act enters into force, he or she shall be deemed obtained permission, etc., or reported as stated in the right column of the following table or reported pursuant to this Act.
(2) Any person permitted to collect stone pursuant to the previous provisions of Article 90-2 of the Forestry Act, as at the time this Act enters into force, shall be equipped with equipment, etc. under Article 25 (2) within one year after this Act enters into force.
Article 5 (Transitional Measures concerning Payment of Expenses Incurred in Re-Forestation)
(1) A person who pays expenses incurred in re-forestation pursuant to the previous provisions of Articles 20-2 (1) and (2) of the Forestry Act, as at the time this Act enters into force, shall be deemed a person who pay the expenses incurred in creating forest replacement resources pursuant to Articles 19 (1) and (2).
(2) An obligor to pay expenses incurred in re-forestation pursuant to the previous provisions of Article 20-2 (1) and (2) of the Forestry Act shall be deemed an obligor to pay expenses incurred in creating forest replacement resources pursuant to Article 19 (1) and (2)
(3) A person eligible for a refund of expense incurred in re-forestation pursuant to the previous provisions of Article 20-2 (3) of the Forestry Act, as at the time this Act enters into force, shall be deemed eligible for a refund of expenses incurred in creating forest replacement resources pursuant to Article 19 (4).
Article 6 (Transitional Measures concerning Restricted Areas to Change Form or Quality of Mountainous Districts and Restriction of Permission, etc. for Stone Collection, etc.)
(1) A district publicly announced by a Mayor/Do Governor or the Chief of Regional Forest Management Service (limited to areas under Article 9 (1) 1 and 2 of this Act), which shall not be subject to changes to form or quality of mountainous districts under the provisions of Article 90 (8) 1 of the Forestry Act, as at the time this Act enters into force, shall be deemed a restricted area for conversion of a mountainous district designated and publicly announced by the Administrator of the Korea Forest Service pursuant to Article 9.
(2) A district publicly announced by a Mayor/Do Governor (limited to areas under Articles 28 (1) 2 and 33 (1) 2 of this Act), for which no permission for stone collection shall be granted pursuant to the previous provisions of Article 90-2 (6) 1 of the Forestry Act, as at the time this Act enters into force, shall be deemed an area designated and publicly announced by the Administrator of the Korea Forest Service pursuant to Articles 28 (1) 2 and 33 (1) 2.
Article 7 (Transitional Measures concerning Orders for Removal of Structures or Reinstatement thereof)
(1) A person in receipt of an order to remove or reinstate structures pursuant to the previous provisions of Article 90 (11) of the Forestry Act shall be deemed received an order to remove or reinstate structures pursuant to Article 44 of this Act.
(2) A person in receipt of an order to take measures, such as installation of structures, suspension of stone collection, or earth or sand for the purposes of preventing disasters pursuant to the previous provisions of Articles 87 (2), 90-4 (1), 90-5 (4) and 90-6 (4) of the Forestry Act, as at the time this Act enters into force, shall be deemed a person in receipt of an order to take measures necessary to suspend extraction and/or collection of stone, earth or sand, prevent disasters or recover therefrom, pursuant to Article 37.
Article 8 (Transitional Measures concerning Deposit, etc. of Recovery Expenses)
(1) Recovery expenses deposited or to be deposited pursuant to the previous provisions of Article 91 (1) and (2) of the Forestry Act, as at the time this Act enters into force, shall be deemed recovery expenses deposited or to be deposited pursuant to Article 38 (1) and (2).
(2) A person obligated to perform recovery pursuant to the previous provisions of Article 91 (3) of the Forestry Act as at the time this Act enters into force shall be deemed obliged to perform recovery pursuant to Article 39.
(3) A design plan for recovery approved pursuant to the previous provisions of Article 91 (4) of the Forestry Act, as at the time this Act enters into force, shall be deemed approved pursuant to Article 40.
Article 9 (Transitional Measures concerning Defect Warranty Bonds)
Defect warranty bonds deposited or repair bonds deposited pursuant to the previous provisions of Article 91-2 (2) of the Forestry Act as at the time this Act enters into force shall be deemed defects warranty bonds deposited or to be deposited pursuant to Article 42 (2).
Article 10 (Transitional Measures concerning Application of Penal Provisions)
The application of penal provisions to acts done before this Actenters into force shall be governed by the previous provisions of the Forestry Act.
Article 11 Omitted.
Article 12 (Relationship with other Acts)
Where other Acts cite the Forestry Act and previous provisions thereof as at the time this Act enters into force, it shall be deemed that this Act or the corresponding provision of this Act is cited in lieu of the previous provisions, any provision corresponding thereto exists in this Act,
ADDENDA <Act No. 7167, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 30 Omitted.
ADDENDA <Act No. 7284, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7297, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7335, Jan. 14, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7677, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
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.
Articles 2 through 12 Omitted.
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 (Applicability to Designation, etc. of Areas, etc.)
The amended provisions of Article 8 shall apply from first application for consultation made to the Administrator of the Korea Forest Service after this Act enters into force.
Articles 3 (Applicability to Restriction of Activities in Preserved Mountainous Districts and Special Cases of Application)
The amended provisions of Article 12 shall apply from the first-filed application for conversion of mountainous district after this Act enters into force.
Articles 4 (Applicability to Permission for and Reporting on Mountainous District Conversion)
The amended provisions of Articles 14 and 15 shall apply from the first-filed application for permission for or the first reporting on conversion of mountainous district after this Act enters into force.
Articles 5 (Applicability to Refund of Expenses Incurred in Creating Forest Replacement Resources)
The amended provisions of Articles 19 and 19-2 shall apply from the first application for permission for conversion of mountainous district and/or the first reporting on conversion of mountainous district or administrative disposition under any subparagraph of Article 19 (1) filed after this Act enters into force.
Articles 6 (Applicability to Approval of Changes of Use)
The amended provisions of Article 21 shall apply from the first application for permission for conversion of mountainous district or the first reporting on conversion of mountainous district filed after this Act enters into force.
Articles 7 (Applicability to Restriction of Changes of Land Category of Mountainous Districts)
The amended provisions of Article 21-2 shall apply from the first application for permission for conversion of mountainous district or the first reporting on conversion of mountainous district filed after this Act enters into force.
Articles 8 (Applicability to Permission, etc. for Collection of Earth or Sand)
The amended provisions of Articles 25, 25-2 through 4, 26 through 29 and 31 through 34 shall apply from the first application for collection of earth or sand or the first reporting on collection of earth or sand filed after this Act enters into force.
Articles 9 (Applicability to Sale, etc. of Earth or Sand in State Forests)
The amended provisions of Article 35 shall apply from the first application for sale of earth or sand in mountainous districts of State forests or gratuitous grant thereof filed after this Act enters into force.
Article 10 (Transitional Measures concerning Application of Penal Provisions and Fines for Negligence)
The application of fines for negligence and penal provisions to any act done prior to the enforcement of this Act shall be governed by the previous provisions of the Forestry.
Article 11 Omitted.
Article 12 (Relationship with Other Acts)
Where other Acts cite permission for stone collection or permission for earth or sand pursuant to the previous provisions as at the time this Act enters into force, it shall be deemed, that permission to collect earth or sand under this Act is cited in lieu of the previous provisions.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8504, Jul. 13, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8754, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 9722, May 27, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9982, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10001, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 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: Provided, That the amended provisions of Article 18-2, the proviso to Article 18-4 (1) with the exception of the subparagraphs thereof, Articles 40-2 and 44 (3) (limited to any related portion of Article 40-2), subparagraphs 3 and 9 of Article 55, and Articles 56 (limited to any related portions of subparagraphs 3 and 9 of Article 55) and 57 (1) 3 shall take effect on July 1, 2011.
Article 2 (Interim Exceptions to Unlawfully Converted Mountainous Districts)
(1) Any person who uses or manages a mountainous district for five or more consecutive years for any of the following purposes without due process of law as at the time this Act enters into force shall report such fact to the head of the competent Si/Gun/Gu within one year from the date on which this Act enters into force, as prescribed by Ministerial Decree for Food, Agriculture, Forestry and Fisheries:
1. National defense or military facilities;
2. Facilities for official or public use or facilities for agriculture, forestry or fisheries (including facilities used by any farmer, forester or fisherman mainly for purposes of residence), as prescribed by Presidential Decree.
(2) Where any mountainous district reported pursuant to paragraph (1) meets the standards for restriction of and permission for conversion of mountainous district under this Act or any other Act or other standards prescribed by Presidential Decree, the head of a Si/Gun/Gu may, subject to examination, take measures necessary to reclassify the relevant land, such as permission for conversion of a mountainous district.
(3) This Act shall apply to any measure to be taken under paragraph (2): Provided, That where any provision in force at the time of converting a mountainous district is more favorable to the relevant reporter, such provision shall prevail.
(4) In granting permission for conversion of a mountainous district, etc. under paragraph (2), if the relevant mountainous district is subject to any restriction of conversion of mountainous district or to any administrative disposition, such as authorization, permission or approval, under any other Act, the head of the competent Si/Gun/Gu shall consult in advance with the head of the competent administrative agency with regards thereto.
(5) Matters regarding the methods of examination, procedures to take measures, etc. under paragraph (2) shall be prescribed by Presidential Decree.
Article 3 (Applicability to Establishment, etc. of Master Plans for Management of Mountainous Districts)
An initial master plan for mountainous district management to be developed pursuant to the amended provisions of Article 3-2 shall be established by no later than December 31, 2012: Provided, That where necessary to ensure coherence and linkage with the plans established under other Acts, such period may be adjusted.
Article 4 (Applicability to Feasibility Surveys on Conversion of Mountainous District)
The amended provisions of Article 18-2 shall apply from the first-filed application for permission for conversion or temporary use of mountainous districts after such amended provisions enter into force.
Article 5 (Applicability to Raising Ground Level at Time of Restoring Mountainous Districts, Supervising Mountainous District Recovery Works, etc.)
(1) The amended provisions of Article 39 (4) shall apply from the first-submitted design plan for recovery after this Act enters into force.
(2) The amended provisions of Article 40-2 shall apply from the first-submitted design plan for recovery after such amended provisions enter into force.
Article 6 (Transitional Measures Following Devolution of Powers to Local Governments)
With respect to applications, reports, etc. filed pursuant to the previous provisions of Articles 15, 17, 20, 21, 25, 26, 28, 30, 31, 37 through 40, 41 through 44, 47 through 49, and 57 as at the time this Act enters into force, the previous provisions shall prevail.
Article 7 (Transitional Measures concerning Permission for and Reporting on Temporary Use of Mountainous Districts)
(1) Where any permission for conversion of a mountainous district or any reporting on conversion of a mountainous district that is granted or filed under the previous provisions of Articles 14 and 15 as at the time this Act enters into force meets the requirements prescribed by the amended provisions of Article 15-2 (1) and (2), such permission or reporting shall be deemed to include permission for or reporting on the temporary use of the relevant mountainous district.
(2) Where any application for or any report on conversion of a mountainous district that is filed under the previous provisions of Articles 14 and 15 as at the time this Act enters into force meets the requirements prescribed by the amended provisions of Article 15-2 (1) and (2), such application or report shall be deemed to include an application for or a report on the temporary use of the relevant mountainous district.
Article 8 (Transitional Measures concerning Restricted Areas for Conversion or Temporary Use of Mountainous Districts)
Any restricted areas for conversion of mountainous districts designated under the previous provisions of Article 9 (1) as at the time this Act enters into force shall be deemed designated as the restricted areas for the conversion or temporary use of mountainous districts under the amended provisions of Article 9 (1).
Article 9 (Transitional Measures concerning Restriction of Reclassification of Land within Mountainous Districts)
With respect to the restriction of reclassification of land within mountainous districts by a person who has reported conversion of a mountainous district under the previous provisions as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 21-2.
Article 10 (Transitional Measures concerning Surface Surveys in Search of Buried Cultural Heritage Assets under the Act on Protection and Survey of Buried Cultural Heritage)
"Surface surveys in search of buried cultural heritage assets under the Act on Protection and Survey of Buried Cultural Heritage" in the amended provisions of Article 15-2 (2) 6 shall be construed as "surface surveys in search of cultural heritage assets under the Cultural Heritage Protection Act" until February 4, 2011.
Article 11 (Transitional Measures concerning Subparagraphs 3-2 and 3-3 of Article 3 of the Mining Industry Act)
"Subparagraphs 3-2 and 3-3 of Article 3 of the Mining Industry Act" in the main body of Article 27 (1) with the exception of the subparagraphs thereof shall be construed as "subparagraph 3 of Article 3 of the Mining Industry Act" until January 27, 2011.
Article 12 Omitted.
Article 13 (Relationship to other Acts and Subordinate Statutes)
A citation of the previous provisions of this Act in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act in lieu of the previous provisions, if any provisions corresponding thereto exist in this Act.

Last updated : 2013-04-08