ENFORCEMENT DECREE OF THE FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT

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ENFORCEMENT DECREE OF THE FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT — 법갈피

Article 6(Agency Management) #

(1) Proxy forestry management according to Article 6 (1) of the Act refers to forestry management conducted by a person falling under any of the following subparagraphs in accordance with a contract concluded with a private forest owner who has difficulty managing forestry on his/her own due to insufficient capital or technology: <Amended on Jun. 4, 2009; Jan. 10, 2017; Jun. 27, 2023>

1. A forester;

2. Forestry Cooperatives and National Forestry Cooperatives Federation;

3. The head of a Si (including an administrative city mayor 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/Gu (refers to the head of an autonomous Gu; hereinafter the same shall apply);

4. Head of the Regional Forest Service or the head of a national forest management office of the Regional Forest Service;

5. Universities with forestry departments (including technical colleges);

5-2. A forestry business corporation registered as a corporation that can conduct all forestry projects according to subparagraph 1 , 2, and 4, of attached Table 2 of the Enforcement Decree of the Creation and Management of Forest Resources Act;

6. Other corporations whose main business is forest management.

(2) The Administrator of the Korea Forest Service and the heads of local governments may provide necessary support for proxy management to those conducting proxy management pursuant to paragraph (1). <Newly Inserted on Apr. 16, 2013>

(3) The head of a Si/Gu/Gu who has jurisdiction over the location of the private forest managed by the proxy manager who received support in accordance with paragraph (2) shall report the status of proxy management for the relevant year to the Administrator of the Korea Forest Service through the Mayor/Do Governor by the end of February of the following year. <Newly Inserted on Apr. 16, 2013>

(4) Matters necessary for implementing proxy forestry management according to paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs Ordinance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 16, 2013>

Article 8(Development and Fostering of Forest Products as Income Sources) #

(1) The items eligible for support as income sources of forest products according to Article 8 (2) of the Act shall be trees, mushrooms, wild greens, medicinal herbs, medicinal products, tree by-products, ornamental forest plants, and other forest products prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 11, 2014; May 28, 2018>

(2) The head of a Si/Gun/Gu who wishes to be designated as a zone for the development of income sources concerning forest products (hereinafter referred to as "main production complex") pursuant to Article 8 (2) of the Act shall apply to the Administrator of the Korea Forest Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or a Special Self-Governing City Mayor (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 4, 2009; Jan. 25, 2012; Mar. 23, 2013>

(3) In the cases where the Administrator of the Korea Forest Service or the Mayor/Do Governor receives an application for designation of a main production complex from the head of a Si/Gun/Gu in accordance with paragraph (2), and if it is deemed necessary to designate a main production complex, the Administrator of the Korea Forest Service or the Mayor/Do Governor may designate a main production complex: provided, if it is deemed necessary to control the production and shipment of forest products, the Administrator of the Korea Forest Service or the Mayor/Do Governor may designate a main production complex at his/her discretion. <Amended on Jan. 25, 2012>

(4) If the head of a Si/Gun/Gu deems it necessary to change or revoke the designation of an area as a major production complex, he or she may apply for the change or revocation of the designation to the Administrator of the Korea Forest Service or the Mayor/Do Governor, stating the grounds therefor. <Amended on Jan. 25, 2012>

(5) The Administrator of the Korea Forest Service or the Mayor/Do Governor may change or revoke the designation of an area as a main production complex if there is an application pursuant to paragraph (4) or if it is deemed necessary to control the production or shipment of forest products. <Amended on Jan. 25, 2012>

(6) When the Administrator of the Korea Forest Service or the Mayor/Do Governor designates, changes, or revokes a major production complex pursuant to paragraph (3) or (5), he or she shall publicly announce it. <Amended on Jan. 25, 2012>

(7) The Administrator of the Korea Forest Service or the Mayor/Do Governor may request the head of a Si/Gun/Gu to submit data on the operational performance and evaluation of the main production complex designated pursuant to paragraph (3), as prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In this case, the head of a Si/Gun/Gu shall submit the data to the Administrator of the Korea Forest Service or the Mayor/Do Governor. <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013>

[Title Amended on Sep. 11, 2014]

Article 16(Training of Forestry Technicians) #

(1) The Administrator of the Korea Forest Service and the Mayor/Do Governor may implement the following projects to foster technicians in the forestry field in accordance with Article 18 (1) of the Act: <Amended on Jan. 25, 2012>

1. Job training for forestry technicians;

2. Job placement and employment stability for forestry technicians;

3. Support of forestry machinery and equipment to forest management association pursuant to paragraph (2);

4. Improvement of working conditions, including safety management in the workplace and welfare of forestry workers.

(2) The Administrator of the Korea Forest Service and the Mayor/Do Governor may, in order to provide job placement and ensure employment stability pursuant to paragraph (1) 2, require technicians in the forestry field to organize a forest management association to perform the following projects as contracted projects: <Amended on Jan. 25, 2012; Jul. 9, 2019>

1. Forestation projects;

2. Forest-tending projects;

3. Projects to prevent forest diseases and pests;

4. Nursery business;

5. Projects to cut, uproot, or transplant standing trees;

6. Other projects that the Administrator of the Korea Forest Service deems necessary and publicly announces for job placement and employment stability for technicians in the forestry field.

(3) The number of members of the forest management association under paragraph (2) shall be 6 or more but 30 or less, and the types of forest management associations and the required personnel standards shall be as follows: <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Sep. 11, 2014; Nov. 27, 2018>

1. Forest management associations of technicians:

The number of forest management engineers of level 2 or higher as set forth in attached Table 3 of the Enforcement Decree of the Act on Promotion and Management of Forestry Technology shall be equal to or greater than the ratio specified in the following:

(a) If the number of association members is 6 or more but less than 10: 60 percent;

(b) If the number of members is 11 or more but less than 30: 50 percent;

2. Mechanized forest management association:

An organization that meets the requirements of forest management associations of technicians referred to in subparagraph 1, and at least 30 percent of the total members of which shall consist of persons who have completed technical training in forestry machinery and equipment at a forestry training institution designated by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

(4) Matters necessary for the period of education pursuant to paragraph (3) 1 and 2 shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) The Administrator of the Korea Forest Service and the Mayor/Do Governor may provide forestry machinery and equipment if necessary to revitalize the forest management associations. <Amended on Jan. 25, 2012>

(6) Matters necessary for the support and management of forestry technicians shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 17-10(Quality Certification Procedures and Methods) #

(1) A person who wishes to apply for quality certification in accordance with Article 18-12 (2) of the Act shall submit a quality certification application form as prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs, along with the forestry machinery and equipment subject to quality certification to the Administrator of the Korea Forest Service: provided, in cases where it is difficult to store the forestry machinery and equipment subject to quality certification before the start of the quality certification examination or where the quality certification examination needs be conducted on-site, the forestry machinery and equipment subject to quality certification may be submitted at the time of the quality certification examination.

(2) In the event that the Administrator of the Korea Forest Service receives an application for quality certification under paragraph (1), he/she shall examine whether it complies with the quality certification standards pursuant to Article 17-9, and issue a quality certificate for forestry machinery and equipment that is recognized to be in compliance with the standards as a result of the examination.

(3) If the Administrator of the Korea Forest Service finds that the applicant fails to meet the quality certification standards as a result of the examination under paragraph (2), he or she shall notify the applicant of such fact without delay, specifying the grounds therefor.

(4) In any of the following cases, the Administrator of the Korea Forest Service may reject a written application for quality certification submitted by an applicant pursuant to paragraph (1) or suspend the examination, and notify the applicant that the application is deemed unsuitable for quality certification. In such cases, the Administrator of the Korea Forest Service shall notify the applicant of the fact and grounds therefor in writing:

1. In cases where it is significantly inappropriate to conduct quality certification on the relevant forestry machinery and equipment for the purpose of quality certification submitted by the applicant;

2. In cases where the applicant fails to pay fees pursuant to subparagraph 3 of Article 30-2 of the Act;

3. In cases where the applicant fails to submit forestry machinery and equipment subject to the examination of quality certification in accordance with paragraph (1);

4. In cases where the examination cannot proceed due to damage or abnormality of forestry machinery equipment during the normal inspection process of quality certification;

5. In cases where the applicant withdraws the application for quality certification.

(5) Except as otherwise provided for in paragraphs (1) through (4), detailed matters necessary for the procedures and methods of quality certification shall be prescribed and publicly notified by the Administrator of the Korea Forest Service.

[This Article Newly Inserted on Sep. 19, 2017]

Article 18(Designation of Forestry Promotion Zones) #

(1) Forestry promotion zones under Article 19 (1) of the Act shall be designated as areas where the development and cultivation of income sources of forest products can revitalize forestry management, and shall be limited to forestry land pursuant to Article 4 (1) 1 (a) and Article 5 of the Mountainous Districts Management Act, yet such designation shall meet the following standards: <Amended on Jun. 4, 2009>

1. An area where the ratio of forest land to the administrative districts of Si (including administrative Si prescribed in 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 autonomous Gu (hereinafter referred to as "Si/Gun/Gu") is 70 percent or more;

2. An area where the ratio of forest land to administrative districts of Si/Gun/Gu is less than 70%, and which falls under any of the following items:

(a) An area where a group of forests is collectively distributed, making it eligible for designation as a forestry promotion zone;

(b) Areas where collaborative management is implemented in accordance with Article 5 (1), and where continuous intensive forestry management is deemed necessary;

(c) Areas that are connected to the forestry promotion zones of adjacent Si/Gun/Gu, which are recognized as requiring forestry management.

(2) The Administrator of the Korea Forest Service may request the Mayor/Do Governor to submit the following documents in order to designate a forestry promotion zone pursuant to Article 19 (1) 1 of the Act: <Amended on Jan. 25, 2012>

1. Business plan for forestry promotion zone;

2. Current status of parcel numbers and area by classification of forest use in the target area of the forestry promotion zone;

3. Opinions of residents in the target area of the forestry promotion zone;

4. Topographic map with a scale of 1:25,000 or more indicating the target area of the forestry promotion zone.

(3) Matters necessary for the designation of forestry promotion zones pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008, Mar. 23, 2013>

Article 22(Content and Methods of Survey on Mountain Villages) #

(1) The basic survey on mountain villages under Article 24 (1) of the Act and the detailed survey thereon under paragraph (2) of that Article shall include the following matters: <Amended on Jan. 25, 2012>

1. Matters concerning the distribution and use of forest resources;

2. Matters concerning population changes in mountain villages;

3. Matters related to the mountain village economy, including mountain village income;

4. Matters concerning the culture and traditions of mountain villages;

5. Matters concerning human resources in mountain villages;

6. Matters concerning exchanges between mountain villages and cities;

7. Matters concerning green tourism and eco-tourism resources;

8. Other matters necessary for the formulation of the master plans or City/Do Plans, or Si/Gun/Gu Plans.

(2) The Administrator of the Korea Forest Service shall prepare guidelines for the basic survey or detailed survey pursuant to paragraph (1), and notify the Mayor/Do Governor or the head of a Si/Gun/Gu of the guidelines for the detailed survey. <Newly Inserted on Jan. 25, 2012>

(3) The basic survey or detailed survey under paragraph (1) shall be conducted in accordance with the guidelines under paragraph (2), but in principle, the on-site survey shall be conducted, and the indirect survey method using hearings, statistical data, documents, etc. may be concurrently conducted. <Amended on Jan. 25, 2012>

(4) When preparing the guidelines for survey, the Administrator of the Korea Forest Service shall consult with the National Institute of Forest Science and the academic community. <Amended on Jan. 25, 2012>

(5) In Article 24 (4) of the Act, "an agency or organization prescribed by Presidential Decree" refers to any of the following institutions or organizations: <Newly Inserted on Jan. 25, 2012; Dec. 16, 2021>

1. Korean Forestry Promotion Institute pursuant to Article 29-2 of the Act;

2. A cooperative or central association pursuant to the Forestry Cooperatives Act;

3. Schools defined in Article 2 of the Higher Education Act;

4. Forestry-related testing and research institutes established by ordinance of local governments pursuant to Article 126 of the Local Autonomy Act.

[Title Amended on Jan 25, 2012]

Article 24-3(Designation of Mountainous Village Revitalization Support Center) #

(1) In Article 27-3 (1) 3 of the Act, "requirements prescribed by Presidential Decree, such as professional personnel and organizations" refers to the requirements in each of the following subparagraphs:

1. To establish a dedicated organization consisting of at least 3 professional personnel with experience in forestry education, consultation on startups utilizing forest resources, and support services;

2. The articles of incorporation or other business operation regulations shall specify as main projects the support projects for urban residents to settle in mountain villages and for revitalizing the local economy of mountain villages;

3. To provide facilities and equipment necessary to support the revitalization of the local economy of mountain villages.

(2) A person who wishes to be designated as a mountain village revitalization support center pursuant to Article 27-3 (1) of the Act shall submit to the Administrator of the Korea Forest Service an application for designation as prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs, along with the following documents:

1. Status of possession of professional manpower and dedicated organization;

2. Articles of incorporation or business operation regulations equivalent thereto;

3. Business plan;

4. Status of possession of facilities and equipment.

(3) If a person who has applied for designation in accordance with paragraph (2) satisfies the designation requirements in accordance with paragraph (1), the Administrator of the Korea Forest Service shall designate the person as a mountain village revitalization support center (hereinafter referred to as "support center") in accordance with Article 27-3 (1) of the Act, and issue a designation certificate as prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs.

(4) A person designated as a support center pursuant to paragraph (3) shall submit a business plan for the relevant year by January 31 of each year, and the business performance of the previous year by the end of the first quarter of each year, to the Administrator of the Korea Forest Service.

(5) The "business prescribed by Presidential Decree" in Article 27-3 (2) 4 of the Act refers to the following business projects:

1. Exchange support project between urban residents and mountain village residents who wish to settle in mountain villages;

2. Support projects for local communities of mountain village residents;

3. Creation of local forestry jobs and support and brokerage business for employment and start-up of mountain village residents;

4. Exchange and cooperation projects with the support centers in other regions or the support institutions for the communities of mountain village residents.

(6) The detailed criteria for the revocation of designation of a support center and corrective order pursuant to Article 27-3 (4) of the Act are as set forth in attached Table 2-2.

[This Article Newly Inserted on Jun. 2, 2020]

Article 25-3(Business of the Korea Forestry Promotion Institute) #

The term "business prescribed by Presidential Decree" in Article 29-3 (1) 9 of the Act refers to the following businesses: <Amended on Sep. 19, 2017; Jun. 2, 2020; Mar. 8, 2022; Mar. 14, 2023>

1. Support for ecological experience of forest resources;

2. Enhancement of brand value of forest resources and support therefor;

3. International cooperation and human resource development required for forest resource management projects;

4. Support for quality testing, inspection, manufacturing and import of forest biomass energy;

5. Technology development, performance testing and distribution of combustors using forest biomass energy;

6. Forest management certification and related consulting services;

7. Certification of forest carbon sequestration and certification of carbon offset superior products;

8. Forestry statistical surveys, including surveys on the economic conditions of forestry households, the status of forestry management, the production costs of forest products, the utilization of timber, and the operation and working conditions of forestry machinery and equipment;

9. Production of forest topography maps and forest site maps, analysis and utilization of the results of the national forest resource survey;

10. Establishment of a greenhouse gas statistics infrastructure, including the development of a forest aerial photography database;

11. Support for forestry education at affiliated schools in the forestry and forest sector;

12. Support for specialized mountain village development projects and income enhancement projects for mountain village residents;

13. Support for settlement in mountain villages by foresters;

14. Support for the production, processing, propagation, and distribution of forest products under special management and their seeds and seedlings;

15. Support project for promoting export of forest products;

16. Support projects for promotion of legal timber trade;

17. Other projects necessary to achieve the purpose of establishment of the KOFPI.

[This Article Newly Inserted on Jan. 25, 2012]

Article 26(Delegation and Entrustment of Authority) #

(1) The Administrator of the Korea Forest Service shall delegate the following authority to the Mayor/Do Governor in accordance with Article 31 (1) of the Act: <Amended on Jun. 4, 2009; Jul. 14, 2011>

1. Deleted; <Jan. 25, 2012>

2. Deleted; <Jan. 25, 2012>

2-2. Acceptance of reports on the production and alteration of forest products under special management under Article 18-2 of the Act;

2-3. An order to destroy or return forest products under special management under Article 18-5 (1) of the Act;

2-4. Disposal of forest products under special management pursuant to Article 18-5 (4) of the Act;

2-5. Disclosure of information pursuant to subparagraph 3 of Article 18-8 of the Act;

3. Deleted. <Jan. 25, 2012>

(2) Deleted. <Jan. 25, 2012>

(3) The Administrator of the Korea Forest Service shall delegate the following authority to the head of Regional Forest Service in accordance with Article 31 (1) of the Act: <Amended on Dec. 31, 2010>

1. Matters concerning the designation, alteration, or cancellation of specific-use timber production zones pursuant to Article 21-2 (1) and (3) of the Act;

2. Matters concerning the management of specific-use timber production zones pursuant to Article 21-2 (2) and (4) of the Act and measures to ensure the use of the produced timber for the designated purposes;

3. Matters concerning the transfer of national forest products pursuant to Article 28 of the Act.

(4) The Administrator of the Korea Forest Service shall entrust the following business affairs to the KOFPI pursuant to Article 31 (3) of the Act: <Newly Inserted on Sep. 19, 2017; Dec. 24, 2018>

1. Business affairs concerning the receipt of related documents among the business affairs concerning the designation of specialized educational institutions under Article 9-2 (2) of the Act;

2. Business affairs related to forestry educational support pursuant to Article 17-2 (1) of the Act;

3. Business affairs related to job creation and business start-up revitalization in the forestry sector according to Article 17-2 (2) of the Act.

(5) The Administrator of the Korea Forest Service shall entrust the following tasks to the quality certification institutions under Article 18-15 (1) of the Act pursuant to Article 31 (3) of the Act: <Newly Inserted on Sep. 19, 2017>

1. Affairs related to quality certification pursuant to Article 18-12 of the Act;

2. Affairs related to revocation of quality certification pursuant to Article 18-14 of the Act;

3. Affairs related to hearings pursuant to subparagraph 3 of Article 30 of the Act;

4. Affairs related to collection of fees pursuant to subparagraph 3 of Article 30-2 of the Act.

ENFORCEMENT DECREE OF THE FORESTRY AND MOUNTAIN VILLAGES DEVELOPMENT PROMOTION ACT

Article 1(Purpose) #

Article 2(Scope of Foresters) #

Article 3(Requirements for Independent Foresters) #

Article 4(Financial Support) #

Article 5(Collaborative Management) #

Article 6(Agency Management) #

Article 7(Part-Time Forestry and Others) #

Article 8(Development and Fostering of Forest Products as Income Sources) #

Article 8-2 #

Article 9(Scope of Public Institutions) #

Article 10 #

Article 10-2 #

Article 11(Modification and Termination of Contract for Reserve of Standing Timber) #

Article 12(Restrictions on Actions) #

Article 13(Use and Support of Forests) #

Article 14(Selection of Independent Foresters) #

Article 15(Support for Independent Farmers) #

Article 15-2(Support for Education in Forestry Sector) #

Article 15-3(Projects for Employment Creation and Business Startup Promotion in the Forestry Sector) #

Article 16(Training of Forestry Technicians) #

Article 17 #

Article 17-2(Specialized Institutions) #

Article 17-3(Production Suitability Survey) #

Article 17-4(Confirmation of Production Process) #

Article 17-5(Quality Inspection) #

Article 17-6(Objection to Quality Inspection Results) #

Article 17-7(Methods of Disposal of Specially Managed Forest Products) #

Article 17-8(Quality Labeling) #

Article 17-9(Quality Certification Standards for Forestry Machinery and Equipment) #

Article 17-10(Quality Certification Procedures and Methods) #

Article 17-11(Validity Period of Quality Certification) #

Article 17-12(Objection to Examination Results of Quality Certification) #

Article 18(Designation of Forestry Promotion Zones) #

Article 19(Change or Cancellation of Designation of Forestry Promotion Zone) #

Article 20(Financial Support) #

Article 20-2(Designation Standards for Special-Purpose Timber Production Areas) #

Article 20-3(Changes in Designation of Special-Purpose Timber Production Zones) #

Article 21(Formulation of Master Plans for Development of Mountain Villages) #

Article 22(Content and Methods of Survey on Mountain Villages) #

Article 23(Persons Eligible to be Entrusted with the Implementation of Specialized Mountain Village Promotion Projects) #

Article 24(Support for Forestry Projects) #

Article 24-2(Special Cases concerning Application of State Forest Administration and Management Act) #

Article 24-3(Designation of Mountainous Village Revitalization Support Center) #

Article 25(Transfer of State or Public Forest Products) #

Article 25-2(Establishment and Operation of the Korea Forestry Promotion Institute) #

Article 25-3(Business of the Korea Forestry Promotion Institute) #

Article 26(Delegation and Entrustment of Authority) #

Article 26-2(Re-Examination of Regulation) #

Article 27(Criteria for Imposing Administrative Fines) #