Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Erosion Control Work Act and matters necessary for its implementation. <Amended on Mar. 22, 2007; Mar. 25, 2009>
Article 2(Public notice of designation and rescission of erosion control land) #
When a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of the Regional Forest Service designates, modifies, or rescinds the designation of an erosion control land pursuant to Articles 4 or 20 of the Erosion Control Work Act (hereinafter referred to as the "Act"), he or she shall publicly notify the following matters: <Amended on Mar. 2, 2002; Mar. 22, 2007; Jan. 31, 2008; Dec. 30, 2011; Nov. 14, 2017>
1. The lot number, land category, and area of the land for which the designation, modification, or rescission has been made;
2. Grounds for designation, modification or rescission;
3. Types of designated, modified, or rescinded projects;
4. Date of designation, modification, or rescission;
5. A map indicating the erosion control land designated, modified, or rescinded, as shown on a topographic map or cadastral map with parcel boundaries.
Article 2-2(Scale not to be designated as erosion control land) #
The scale of land that need not be designated as the erosion control land according to Article 4(3) of the Act refers to an erosion control work in mountainous districts under subparagraph 1 of Article 3 of the Act, with an area of 1,000 square meters or less per site.
[This Article Added on Jan. 31, 2008]
Article 3(Implementer of national erosion control work) #
The erosion control work (hereinafter referred to as "national erosion control work") implemented as a national project pursuant to Article 5(2) of the Act shall be implemented by the Mayor/Do Governor if the erosion control land is not the national forest under the jurisdiction of the National Forest Service, and by the head of the Regional Forest Service if the erosion control land is the national forest under the jurisdiction of the National Forest Service. <Amended on Jan. 26, 2006; Jan. 31, 2008; Dec. 30, 2011>
[This Article Wholly Amended on Mar. 2, 2002]
Article 4(Implementation of erosion control projects by entities other than the State) #
(1) In the case where an entity other than the State implements an erosion control project pursuant to Article 6(1) of the Act, the plan for erosion control project shall include the following matters: <Amended on Jan. 31, 2008>
1. Purpose of implementing the erosion control project;
2. Types of erosion control projects;
3. Project volume (area) by parcel number.
(2) A person who intends to carry out an erosion control work in accordance with paragraph (1) shall submit the following documents: <Amended on Jan. 31, 2008; Mar. 25, 2009; Dec. 14, 2009; Jun. 1, 2015; Nov. 11, 2015; Feb. 7, 2025>
1. A field survey map of the erosion control project site, drawn to a scale between 1:6000 and 1:1200, measured by any of the persons listed in the following items:
a. The Korea Land and Geospatial Informatix Corporation established under the Korea Land and Geospatial Informatix Corporation Act;
b. Surveyor according to Article 44 of the Act on the Establishment and Management of Spatial Data;
c. Deleted; <Dec. 14, 2009>
2. One copy of documents proving ownership of the land or the right to use or benefit from the land (applicable only when such information cannot be verified by the land registry certificate, and the documents proving the right to use or benefit from the land shall describe the scope and duration of such right to use or benefit in detail).
(3) The Mayor/Do Governor or the head of the Regional Forest Service, who has received an erosion control project plan pursuant to paragraph (1) shall verify the land registry certificate (applicable only if the applicant is the owner of the land) through the administrative data matching in accordance with Article 36(1) of the Electronic Government Act. <Added on Jan. 31, 2008; Mar. 25, 2009; May 4, 2010; Dec. 30, 2011; Nov. 11, 2015>
[This Article Wholly Amended on Mar. 3, 1999]
Article 4-2(Feasibility assessment of erosion control work) #
The criteria, methods, target projects, etc. for the feasibility assessment according to Article 7-3 of the Act are as set forth in Appendix 1.
[This Article Added on Jan. 31, 2008]
Article 5(Investigation by public officials) #
(1) When a public official intends to enter another person's land to survey, investigate, or alter or remove obstacles pursuant to Article 9(1) of the Act, he or she shall notify the owner or occupant in advance. <Amended on Mar. 2, 2002>
(2) When the implementer of a national erosion control project intends to perform any of the practices listed in the subparagraphs of Article 9(3) of the Act, he or she shall notify the owner and possessor of the land, standing timber, or other relevant property of the purpose, content, and duration of the practices at least 7 days prior to the intended practice. <Amended on Feb. 18, 2014>
(3) In cases under paragraphs (1) and (2), if notification cannot be made because the address or residence of the owner or possessor is unclear or for other reasons, the matters to be notified shall be notified to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous district; hereinafter the same shall apply) who has jurisdiction over the location of the land or property in question. <Amended on Jan. 31, 2008; Dec. 30, 2011; Feb. 18, 2014; Nov. 14, 2017>
(4) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has received a notification pursuant to paragraph (3) shall publicly announce it. <Amended on Dec. 30, 2011; Nov. 14, 2017>
[Title Amended on Feb. 18, 2014]
Article 6(Restoration) #
When any loss is incurred due to activities conducted pursuant to Article 9(1) or (3) of the Act, the erosion control project implementer shall carry out necessary tasks such as leveling the topsoil for the restoration of altered land, replanting standing timber or bamboo, and sowing sod or grass, as well as other required restoration work. <Amended on Mar. 2, 2002>
[Title Amended on Mar. 2, 2002]
Article 7(Application and decision on compensation for loss) #
(1) A person who intends to receive compensation for loss pursuant to Article 10(1) of the Act shall submit an application containing the following particulars to the Mayor/Do Governor or the head of the Regional Forest Service who performed the relevant act that caused the loss, within 6 months from the date the act was completed. <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006; Feb. 18, 2014>
1. The claimant's name, address, and the date of the claim;
2. The address and name of the landowner and any related parties;
3. The location, parcel number, land category, and area of the affected land;
4. The type, area, or quantity of loss;
5. The period during which the loss occurred;
6. The amount of compensation claimed for the loss and its breakdown;
7. Documents proving the occurrence of the loss.
(2) The Mayor/Do Governor or the head of the Regional Forest Service shall, within 1 month from the date of receipt of the application under paragraph (1), determine the amount of compensation in consultation with the person who suffered the loss, and notify the applicant of the date and method of payment of the compensation. <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
Article 8(Application for re-decision) #
If a person who suffered the loss and the Mayor/Do Governor or the head of the Regional Forest Service fails to reach an agreement on the compensation amount pursuant to Article 7(2) or if there is an objection to the amount of compensation determined, he or she shall file a request for a re-decision to the Land Expropriation Committee with jurisdiction over the land, attached with a written explanation, within 1 year from the date of termination of the act that caused the loss pursuant to Article 12 of the Act. <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
Article 9(Deposit of compensation for loss) #
The Mayor/Do Governor or the head of the Regional Forest Service shall deposit the compensation for losses in the following cases: <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
1. When the person entitled to compensation refuses or avoids receiving the compensation;
2. When the compensation for losses cannot be paid because the address or residence of the person entitled to compensation is unclear, or for other reasons.
Article 10(Hearing of appraisers' opinions) #
(1) A Mayor/Do Governor or the head of the Regional Forest Service may, if deemed necessary to determine the amount of compensation under Article 7(2), hear the opinions of an appraiser, a witness, or an interested person. <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
(2) Travel expenses may be paid to expert witnesses and persons for reference who appear pursuant to paragraph (1), as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
Article 11(Restrictions on practices in erosion control land) #
Any person who intends to perform acts such as felling trees or bamboo in the erosion control land pursuant to the main clause of Article 14(1) of the Act shall submit an application for permission along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of the Regional Forest Service. The same shall also apply where he or she intends to extend the period for permission.
[This Article Wholly Amended on Nov. 16, 2023]
Article 12(Management of erosion control facilities) #
Matters necessary for the management, inspections, safety tests and safety measures of the erosion control facilities pursuant to Article 15(3) of the Act are as set forth in Appendix 2.
[This Article Wholly Amended on Jan. 31, 2008]
Article 13(Distribution of profits) #
(1) The ratio for distributing the profits generated from erosion control facilities installed as part of a national erosion control project by the Mayor/Do Governor or the head of the Regional Forest Service to the owner or possessor of the erosion control zone and the manager of the facility pursuant to Article 17 of the Act shall be as follows: <Amended on Mar. 22, 2007>
1. Owners and occupants of the erosion control land: 10 percent;
2. Manager of the erosion control facility: 90 percent.
(2) The Mayor/Do Governor or the head of the Regional Forest Service shall notify in advance the recipient of the ratio or quantity of profits to be distributed pursuant to paragraph (1). The same shall apply where he or she intends to change the ratio or quantity of profits to be distributed. <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
(3) When it is impossible to give a notice under paragraph (2) because the domicile or residence of the person to be distributed the profits is unclear or due to other reasons, such notice shall be publicly announced.
(4) The timing and procedure for the distribution of profits calculated by the distribution ratio prescribed in paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
Article 14(Deposit of distributed profits) #
In any of the following cases, a Mayor/Do Governor or the head of the Regional Forest Service shall sell the profits to be distributed pursuant to Article 13 and deposit the proceeds from the sale of such profits: <Amended on Dec. 29, 1995; Mar. 2, 2002; Jan. 26, 2006>
1. When the recipient entitled to profits refuses or avoids receiving it;
2. Where it is impossible to distribute profits because the domicile or residence of the recipient is unclear or due to other reasons.
Article 15 #
Deleted. <Mar. 22, 2007>
Article 16 #
Deleted. <Dec. 30, 2011>
Article 17(Rescission of designation of erosion control land) #
(1) Any person who intends to obtain the rescission of designation of an erosion control land for any reason specified in Article 20(1)1 through 4 of the Act shall submit an application for the rescission of designation of an erosion control land to the Mayor/Do Governor or the head of the Regional Forest Service, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Aug. 8, 1996; Feb. 29, 2008; Dec. 30, 2011; Mar. 23, 2013; Feb. 18, 2014>
(2) Upon receiving an application pursuant to paragraph (1), the Mayor/Do Governor or the head of the Regional Forest Service shall review its validity and, if deemed appropriate, shall rescind the designation of the erosion control land; and if the erosion control land falls under Article 20(1)5 or 6 of the Act, the designation shall be rescinded ex officio after an on-site investigation. In such cases, he or she shall hear the opinion of an inspection agency under subparagraph 2c of Appendix 2 in addition to field survey on the erosion control land under Article 20(1)5 and Article 20(4)1 of the Act. <Amended on Dec. 30, 2011; Mar. 11, 2025>
(3) In Article 20(1)4 of the Act, "business prescribed by Presidential Decree" refers to any of the following businesses: <Amended on Feb. 18, 2014>
1. Public works, including but not limited to railroads, ports, airports, roads, and reclamation projects;
2. Projects directly implemented or entrusted by the State or local governments;
3. Soil improvement projects for the enhancement of agricultural land fertility;
4. Excavation of earth and stone deemed particularly necessary by the head of a local government for policy purposes.
(4) The term "where the purpose of designating the land for erosion control prescribed by Presidential Decree has been achieved" in Article 20(1)5 of the Act refers to the cases where the erosion control land falls under any of the following subparagraphs and no longer requires continued management as erosion control land due to the stabilization of the land by erosion control facilities or other reasons: <Amended on Feb. 18, 2014; Mar. 11, 2025; Jan. 30, 2026>
1. Erosion control land for which 1 year has passed since the implementation of the erosion control project;
2. Erosion control land for which the designation as a landslide-prone area has been rescinded in accordance with Article 22(8) of the Forest Disaster Prevention Act.
Article 18(Free transfer of erosion control facilities) #
In cases where the Mayor/Do Governor or the head of the Regional Forest Service intends to transfer the erosion control facility free of charge to the owner of the land pursuant to Article 20(3) of the Act, he or she shall notify the owner of the land of that fact.
[This Article Wholly Amended on Jan. 31, 2008]
Article 19(Compensation for expenses) #
(1) The expenses that shall be reimbursed by a person who seeks to have the designation of erosion control land rescinded pursuant to Article 21 of the Act are as follows:
1. Amount spent on implementing the erosion control work;
2. Costs recognized by the head of a local government, including expenses for the maintenance of erosion control facilities invested in cash, costs for additional fertilization, pest and disease control expenses, tending operations costs, wildfire prevention costs, and other expenses of a similar nature.
(2) The compensation amount according to paragraph (1) shall be attributed to the manager of the erosion control facility. <Amended on Jan. 31, 2008>
(3) The following cases are exempt from the reimbursement of costs when the designation of erosion control land is rescinded pursuant to the proviso of Article 21 of the Act: <Amended on Mar. 3, 1999; Mar. 13, 2000; Jul. 27, 2000; Mar. 2, 2002; Dec. 31, 2002; Jun. 30, 2003; Nov. 29, 2003; Dec. 30, 2003; Jun. 29, 2004; Mar. 18, 2005; Aug. 4, 2006; Mar. 22, 2007; Mar. 27, 2007; Dec. 15, 2009; Apr. 22, 2013; Jul. 20, 2015; Nov. 11, 2015; Mar. 29, 2017; Feb. 9, 2018; Sep. 10, 2020; Mar. 30, 2021; Jun. 14, 2022>
1. Development of rural living environment and rural tourism and resort site in accordance with the Agricultural and Fishing Villages Improvement Act;
2. Facilities established by non-profit organizations, including medical institutions in rural areas under the Medical Act and social welfare facilities under the Social Welfare Services Act;
3. Construction of dams in accordance with the Act on Construction and Management of Dams and Assistance to Their Environs;
4. Installation or improvement of power facilities pursuant to the Electric Power Source Development Promotion Act;
5. In the case of redevelopment projects and residential environment improvement projects under the Act on the Improvement of Urban Areas and Residential Environments, as well as the construction of housing units of a size below the national housing scale pursuant to the project implementation plan authorized under Article 50 of the same Act (limited to reconstruction projects);
6. Construction of housing below the national housing scale for which a business plan is approved in accordance with the Housing Act;
7. Incheon International Airport development project implemented pursuant to the Airport Facilities Act;
Article 20(Maintenance of registers) #
(1) The Mayor/Do Governor or the head of the Regional Forest Service shall maintain records, including the erosion control project register, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 29, 1995; Aug. 8, 1996; Jan. 26, 2006; Dec. 31, 2007; Feb. 29, 2008; Mar. 23, 2013>
(2) The registers, including the erosion control project register referred to in paragraph (1), shall be prepared and managed using electronic methods unless there are special circumstances that make electronic processing impossible. <Added on Dec. 31, 2007>
Article 21(Inspection of ledger) #
Forest owners and other interested parties may request the Mayor/Do Governor or the head of the Regional Forest Service the inspection of, or issuance of the certified copies of, the erosion control project register and other related documents referred to in Article 20. <Amended on Jan. 26, 2006>
[This Article Wholly Amended on Mar. 3, 1999]
Article 21-2 #
Deleted. <Jan. 30, 2016>
Article 22(Delegation of Authority) #
(1) Deleted. <Dec. 30, 2011>
(2) Deleted. <Jan. 31, 2008>
(3) The head of the Regional Forest Service delegates the following authority to the head of management office of the Regional Forest Service in accordance with Article 25(2) of the Act: <Amended on Mar. 25, 2009; Feb. 18, 2014>
1. Implementation of the erosion control work according to Article 5(2) of the Act (excluding design);
2. Construction of an erosion control work pursuant to Article 7-2(1) of the Act;
3. Entry onto land, alteration or removal of obstacles, temporary use of land, alteration of the form and nature of land, and harvesting of standing timber on the land pursuant to Article 9(1) and (3) of the Act (excluding entry for design purposes);
4. Compensation for losses according to Article 10(1) of the Act;
5. Consultation pursuant to Article 11 of the Act;
6. Permission for the felling of standing timber and bamboo, extraction of earth, stone, tree roots, and grass roots, grazing of livestock, and other activities involving damage or alteration of erosion control facilities and change of the land form and quality pursuant to Article 14 of the Act;
7. Delivery of profits arising from the erosion control facilities pursuant to Article 17 of the Act;
8. Deleted; <Dec. 30, 2011>
9. Entrustment of implementation of the erosion control projects (excluding design) pursuant to Article 26 of the Act.
[This Article Wholly Amended on Mar. 2, 2002]
Article 23(Entrusted implementation of erosion control projects) #
The erosion control works that can be entrusted to a forestry cooperative or the National Forestry Cooperatives Federation pursuant to Article 26 of the Act shall be the design and construction of an erosion control project in mountainous areas, coastal areas, and in the wild. <Amended on May 1, 2000>
Article 24(Re-Examination of Regulation) #
The Administrator of the Korea Forest Service shall review the appropriateness of the following matters every 3 years (referring to the date before each third anniversary from the base date), counting from the following relevant base date; and shall take measures, such as making improvements:
1. The scope of the project for which the designation of an erosion control land may be rescinded for the purpose of collecting earth and stone pursuant to Article 17(3): January 1, 2016;
2. The extent to which compensation for expenses may be exempted when the designation of an erosion control land is rescinded under Article 19(3): January 1, 2016.
[This Article Wholly Amended on Dec. 30, 2016]