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FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT — 법갈피

영문법령 / FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT

FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT

법률일부개정시행 2022-09-11산림청,산림청 · 제18884호 · 공포 2022-06-10

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to enhancing the quality of life for residents in underdeveloped mountain villages and promoting the balanced development of national land and the sound development of the national economy by promoting rights and interests of forest managers, strengthening the competitiveness of forestry and developing the underdeveloped mountain villages through structural improvement of forestry.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Dec. 26, 2008; Feb. 4, 2010; Mar. 23, 2013; May 29, 2016; Mar. 21, 2017; Jan. 8, 2019; Dec. 3, 2019>

1. The term "forestry" means any afforestation business (including the creation, management and operation of natural recreational forests, arboretums and gardens prescribed in the Forestry Culture and Recreation Act and the Act on the Creation and Furtherance of Arboretums and Gardens), forest product manufacturing business, forest product distribution and processing business, wildlife breeding business and other incidental businesses, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

2. The term "forest manager" means any person engaged in forestry, as prescribed by Presidential Decree;

3. The term "forest product" means any forest product provided for in subparagraph 7 of Article 2 of the Creation and Management of Forest Resources Act;

3-2. The term "special forest product" means any cultivated mountain ginseng and other forest products (including dried products) prescribed by Presidential Decree, subject to special management in terms of the protection of consumers and improvement of quality;

3-3. The term "wood-cultivated ginseng" means a plant cultivated in a mountainous district prescribed in subparagraph 1 of Article 2 of the Mountainous Districts Management Act, which belongs to the genus Panax in the family of wild sarsaparilla and passed the quality inspection prescribed in Article 18-4 of the Act;

3-4. The term “forestry machinery and equipment” means machines, equipment and tools used in the forestry sector, prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Article 9-2(Support for Education and Training on Forest Management) #

(1) To increase forestry income and invigorate forest management, the Minister of the Korea Forest Service or a Mayor/Do Governor shall formulate and implement a plan to support the business affairs concerning education, training, consultation, advice and guidance (hereinafter referred to as "education, training, etc.") on an increase in forestry income and forest management for forest managers and other persons intending to manage forests. <Amended on Dec. 3, 2019>

(2) To efficiently provide education, training, etc., the Minister of the Korea Forest Service may designate institutions specialized in education, training, etc. (hereinafter referred to as "specialized educational institutions") according to the criteria and procedures prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(3) The Minister of the Korea Forest Service may entrust education, training, etc. to specialized educational institutions and may subsidize all or some expenses incurred therein, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 3, 2019>

(4) If a specialized educational institution intends to be entrusted with education, training, etc., it shall report on its education and training programs to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. The same shall also apply where intending to change the reported matters. <Amended on May 29, 2016; Dec. 3, 2019; Jun. 10, 2022>

(5) Within 30 days (10 days in the case of a report on change) from the date of receiving a report under paragraph (4), the Minister of the Korea Forest Service shall notify the applicant of whether the report is accepted. <Newly Inserted on Dec. 3, 2019; Jun. 10, 2022>

(6) Where the Minister of the Korea Forest Service fails to notify the applicant whether a report is to be accepted within the period prescribed in paragraph (5) or to notify the applicant of the extension of the period to handle petitions under the statutes or regulations governing civil petitions, the report shall be deemed accepted on the day following the date the period (where the handling period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant handling period) expires. <Newly Inserted on Dec. 3, 2019>

[This Article Wholly Amended on Jul. 25, 2011]

Article 18-2(Production of Special Forest Products) #

(1) Any person intending to produce special forest products (including production of seeds and seedlings of special forest products; hereinafter the same shall apply) shall report thereon to the Minister of the Korea Forest Service, attaching the results of examination of production feasibility conducted by an institution or organization specializing in quality control of forest products prescribed by Presidential Decree (hereinafter referred to as "specialized institution"): Provided, That the results of examination of production feasibility need not be attached in cases prescribed by Presidential Decree. <Amended on Dec. 3, 2019>

(2) Upon receipt of a report under paragraph (1), the Minister of the Korea Forest Service shall examine whether the results of examination of production feasibility satisfy the criteria prescribed by Presidential Decree and notify the person who has filed the report of whether the report is accepted, within 10 days from the date the report is received. <Amended on Dec. 3, 2019>

(3) Where a person who has reported pursuant to paragraph (1) intends to make any modification to important matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs among reported details, he or she shall report thereon to the Minister of the Korea Forest Service. <Amended on Mar. 23, 2013; Dec. 3, 2019>

(4) The Minister of the Korea Forest Service shall notify a person who has filed a report on changes under paragraph (3) of whether such report is accepted, within two days from the date of receipt of the report. <Newly Inserted on Dec. 3, 2019>

(5) If the Minister of the Korea Forest Service fails to notify the person who has filed a report of whether the report is accepted within the period provided in paragraph (2) or (4) or of the extension of a processing period under statutes or regulations governing the processing of civil petitions, the relevant report shall be deemed to have been filed on the day immediately following the end of the said processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes or regulations governing the processing of civil petitions). <Newly Inserted on Dec. 3, 2019>

(6) The Minister of the Korea Forest Service may fully or partially subsidize producers for the expenses incurred in conducting an examination of production feasibility to make a report or an alteration report pursuant to paragraph (1) or (3), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Mar. 21, 2017; Dec. 3, 2019>

(7) Matters necessary for the reporting, modifications to reported matters or acceptance of the reporting under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 21, 2017; Dec. 3, 2019>

[This Article Newly Inserted on Feb. 4, 2010]

Article 23(Formulation of Master Plans for Development of Mountain Villages) #

(1) The Minister of the Korea Forest Service shall formulate a master plan for the development of mountain villages (hereinafter referred to as "master plan") every 10 years after hearing opinions of the head of the competent central administrative agency and the Mayor/Do Governor.

(2) The master plan shall include the following matters: <Amended on Mar. 23, 2013; Dec. 3, 2019>

1. Matters concerning the comprehensive maintenance of forests, including the expansion of infrastructure for the development and management of forest resources around mountain villages;

2. Matters concerning the increase of income for residents in mountain villages through the production, processing and sale of agricultural, forest and fishery products and the utilization of forest recreational resources;

3. Matters concerning the development and maintenance of residential environment in mountain villages, including roads, houses, water supply and drainage systems, etc.;

4. Matters concerning the succession and development of culture and tradition indigenous to mountain villages;

5. Matters concerning the promotion of exchange with cities;

6. Matters regarding support for the settlement of urbanites in mountain villages;

7. Matters concerning the promotion of green and ecological tourism around mountain villages;

8. Other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs concerning the development of mountain villages.

(3)　Where the Minister of the Korea Forest Service deems it necessary for amending a master plan in view of changes in the social, economic, and local conditions of the mountain villages, he or she may amend the master plan. <Newly Inserted on Mar. 21, 2017>

(4) The Minister of the Korea Forest Service shall formulate and implement an annual implementation plan based on the master plan (hereafter referred to as "implementation plan" in this Article) and endeavor to secure financial resources necessary therefor. <Inserted on Jan. 8, 2019>

(5) Where the Minister of the Korea Forest Service formulates or revises a master plan and implementation plan, he or she shall publish such plans, as prescribed by Presidential Decree, notify the heads of the relevant central administrative agencies and Mayors/Do Governors thereof, and submit such plans to the competent Standing Committee of the National Assembly. <Inserted on Jan. 8, 2019>

(6) The Minister of the Korea Forest Service may, if necessary, request the heads of the relevant central administrative agencies or Mayors/Do Governors to present relevant materials. In such cases, the head of any relevant central administrative agency, in receipt of a request to present materials, shall comply therewith, except in extenuating circumstances. <Inserted on Jan. 8, 2019>

(7) A Mayor/Do Governor (excluding a Special Self-Governing City Mayor; the same shall apply in Articles 24, 25, and 28) shall formulate a mountain village development plan for the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do plan") in consideration of the characteristics of his or her jurisdiction in accordance with the relevant master plan. <Amended on Mar. 21, 2017; Jan. 8, 2019; Dec. 3, 2019>

(8) The head of a Si/Gun/Gu shall formulate a plan for promoting the development of mountain villages for the relevant Si (including an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun or Gu (referring to an autonomous Gu) (hereinafter referred to as "Si/Gun/Gu plan") in compliance with the relevant City/Do plan, based on the characteristics of his or her jurisdiction. <Amended on Mar. 21, 2017; Jan. 8, 2019; Dec. 3, 2019>

(9) Matters necessary for formulating, implementing, and amending master plans and implementation plans, and for formulating and implementing City/Do plans and Si/Gun/Gu plans shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017; Jan. 8, 2019>

[This Article Wholly Amended on Jul. 25, 2011]

[Title Amended on Jan. 8, 2019]

Article 25(Establishment of Specialized Mountain Village Development Project Plans) #

(1) Where the head of a Si/Gun/Gu intends to implement a specialized mountain village development project in a mountain village development district under his or her jurisdiction, he or she shall formulate a specialized mountain village development project plan (hereinafter referred to as "specialized plan") including the following matters and request for approval from the Mayor/Do Governor: <Amended on Dec. 3, 2019>

1. Objectives, direction-setting, and expected effects of the specialized mountain village development project;

2. Outline of the relevant project, such as the period and area of implementation of the specialized mountain village development project;

3. A plan to raise funds necessary to cover the specialized mountain village development project costs and an annual investment plan therefor;

4. Matters concerning the installation, management, and operation of facilities necessary for the specialized mountain village development project;

5. Matters concerning infrastructure available for the project, such as natural environment, regional history, culture, and human resources;

6. Other matters prescribed by Ordinance of the Special Metropolitan City, a Metropolitan City, a Do or Special Self-Governing Province (hereinafter referred to as "City/Do ordinance"), as necessary for implementing the specialized mountain village development project.

(2) The head of a Si/Gun/Gu shall hear the opinions of residents and relevant experts when formulating a specialized plan and reflect their opinions in the plan. <Amended on Dec. 3, 2019>

(3) Upon receiving a request for approval of a specialized plan under paragraph (1), a Mayor/Do Governor shall consult with the heads of relevant administrative agencies before granting approval and shall give public notice upon granting approval, as prescribed by ordinance of the relevant City/Do. <Amended on Dec. 3, 2019>

(4) Where a Mayor/Do Governor approves a specialized plan pursuant to paragraph (3), he or she shall notify the Minister of the Korea Forest Service of the approval thereof. <Amended on Dec. 3, 2019>

(5) Paragraphs (1) through (3) shall apply mutatis mutandis to the alteration of a specialized plan: Provided, That the head of a Si/Gun/Gu may change minor matters specified by ordinance of a City/Do without approval from the competent Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 3, 2019>

[Title Amended on Dec. 3, 2019]

Article 27-3(Designation of Mountain Village Revitalization Support Centers) #

(1) The Minister of the Korea Forest Service may designate any of the following institutions or organizations as a mountain village revitalization support center (hereinafter referred to as "support center") in order to facilitate the settlement of urbanites in mountain villages and revitalize the local economy of mountain villages:

1. The Korea Forestry Promotion Institute under Article 29-2;

2. A cooperative or a cooperative federation, as defined in subparagraph 1 or 4 of Article 2 of the Forestry Cooperatives Act;

3. Any other institution or organization that satisfies the requirements for experts, organization, etc. as prescribed by Presidential Decree.

(2) The support center shall implement the following programs:

1. Provision of counseling, information, education and training to persons who desire to settle down in a mountain village;

2. Support for business start-ups and technology by utilizing local forest resources;

3. Support for the establishment of social enterprises, etc. based on mountain village areas;

4. Other projects prescribed by Presidential Decree for providing support to mountain village residents and revitalizing the local economy of mountain villages.

(3) The Minister of the Korea Forest Service may fully or partially subsidize expenses incurred in implementing programs specified in the subparagraphs of paragraph (2).

(4) Where a support center designated pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of the Korea Forest Service may revoke the designation or order correction: Provided, That he or she shall revoke such designation in cases falling under subparagraph 1:

1. Where a support center has obtained the designation by fraud or other improper means;

2. Where a support center ceases to meet the requirements for the designation thereof;

3. If a support center fails to commence its business or suspend its business for at least one year without good cause;

4. When he or she files a false report with or submits false data to the Minister of the Korea Forest Service, or refuses, obstructs, or evades an inspection without good cause, in violation of Article 29-5.

(5) The detailed standards for procedures for designating support centers under paragraph (1) and for revoking designation of support centers and for issuing corrective orders under paragraph (4) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 3, 2019]

Article 29-3(Projects of the Korea Forestry Promotion Institute) #

(1) The Korea Forestry Promotion Institute shall conduct the following projects: <Amended on May 29, 2016; Mar. 21, 2017; Jun. 10, 2022>

1. Assistance to forestry managers regarding information on forestry management and information on the production and circulation of forestry products;

2. Deleted; <May 23, 2012>

3. Quality control of the special forest products under Articles 18-2 through 18-4 and 18-7;

3-2. Quality certification;

4. Experiments, analyses, surveys, appraisal and technological support related to forestry;

5. Assistance on the promotion of the commercialization of outcomes of forestry research as new technology and transfer of such technology;

6. Surveys, design and evaluation of forest resources and their location;

6-2. Development of overseas forest resources and international cooperation for forest;

6-3. Operation and management of the forest carbon offset system and securing carbon credits under Article 23 (1) 1 and 2 of the Act on the Management and Improvement of Carbon Sink;

7. Support projects for promoting job creation and business start-up in the fields related to forestry and mountain villages;

8. Support projects for publicity efforts for forest products and sales promotion;

9. Other projects prescribed by Presidential Decree as necessary for promoting forestry and mountain villages.

(2) The State or the head of a local government may entrust or require the Korea Forestry Promotion Institute to perform the projects falling under the provisions of paragraph (1) on its behalf.

(3) The State or the head of a local government may contribute or subsidize some expenses incurred in establishing and operating the Korea Forestry Promotion Institute within budgetary limits, and may gratuitously transfer or lease State or public property or commodity to the Korea Forestry Promotion Institute or permit it to use or profit from such property or commodity, where deemed necessary for its establishment and operation, notwithstanding the provisions of the State Property Act, the Commodity Management Act, and the Public Property and Commodity Management Act.

(4) Matters necessary for the terms and conditions of and procedure for transfer, lease, use, making profits as provided in paragraph (3) shall be prescribed by Presidential Decree.

(5) Any person who applies for experiments, analyses, surveys, appraisal or technological support related to forestry pursuant to paragraph (1) 4, or requests the issuance, etc. of a performance certificate, shall pay fees to the Korea Forestry Promotion Institute, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Mar. 21, 2017>

[This Article Newly Inserted on Jul. 25, 2011]

FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles of Forestry Management and Mountain Village Development) #

Article 3-2(Foresters' Day) #

Article 4(Financial Support) #

Article 5(Improvement of Ownership Structure) #

Article 6(Improvement to Management Structure) #

Article 7(Improvement of Distribution Structure) #

Article 8(Support for Developing and Promoting Different Sources of Income concerning Forest Products) #

Article 9(Support for Combined Management of Forests) #

Article 9-2(Support for Education and Training on Forest Management) #

Article 9-3(Revocation of Designation of Specialized Educational Institutions) #

Article 10(Support for Forest Product Processing Business) #

Article 11(Preferential Purchase of Products to Promote Sustainable Forest Management) #

Article 12 #

Article 13(Contract for Reserve of Standing Timber) #

Article 14(Public Notice of Timber Reserve Forests) #

Article 15(Restrictions on Activities) #

Article 16(Use of Forests and Support) #

Article 17(Nurturing Successors to Forestry) #

Article 17-2(Support for Forestry-Related Education) #

Article 18(Training of Forestry Technicians) #

Article 18-2(Production of Special Forest Products) #

Article 18-3(Confirmation of Production Process) #

Article 18-4(Quality Inspections) #

Article 18-5(Order of Destruction) #

Article 18-6(Quality Labelling) #

Article 18-7(Distribution Management of Special Forest Products) #

Article 18-8(Disclosure of Information) #

Article 18-9(Statistical Surveys) #

Article 18-10(Promotion of Export) #

Article 18-11(Mechanization of Forestry) #

Article 18-12(Quality Certification of Forestry Machinery and Equipment) #

Article 18-13(Indication of Quality Certification) #

Article 18-14(Cancellation of Quality Certification) #

Article 18-15(Designation of Quality Certification Institutions) #

Article 18-16(Cancellation of Designation of Quality Certification Institutions) #

Article 18-17(Reporting and Inspections Related to Quality Certification) #

Article 19(Designation of Forestry Promotion Zones) #

Article 20(Revision or Revocation of Designation of Forestry Promotion Zones) #

Article 21(Formulation of Forestry Promotion Plan) #

Article 21-2(Designation and Revocation of Designation of Specific-Use Timber Production Zones) #

Article 22(Basic Direction of Development of Mountain Villages) #

Article 23(Formulation of Master Plans for Development of Mountain Villages) #

Article 24(Surveys on Mountain Villages) #

Article 25(Establishment of Specialized Mountain Village Development Project Plans) #

Article 26(Operators of Specialized Mountain Village Development Projects) #

Article 27(Subsidization of Specialized Mountain Village Development Project Costs) #

Article 27-2(Special Cases of Application of State Forest Administration and Management Act) #

Article 27-3(Designation of Mountain Village Revitalization Support Centers) #

Article 28(Utilization of State or Public Forest Products) #

Article 29(Follow-Up Management of Areas within Which Specialized Mountain Village Development Projects Are Operated) #

Article 29-2(Establishment of the Korean Forestry Promotion Institute) #

Article 29-3(Projects of the Korea Forestry Promotion Institute) #

Article 29-4(Operation of the Korea Forestry Promotion Institute) #

Article 29-5(Reporting and Inspection) #

Article 30(Hearings) #

Article 30-2(Fees) #

Article 31(Delegation and Entrustment of Authority) #

Article 31-2(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 32(Penalty Provisions) #

Article 33(Penalty Provisions) #

Article 34(Administrative Fines) #