ENFORCEMENT DECREE OF THE ACT ON THE CREATION AND FURTHERANCE OF ARBORETUMS AND GARDENS

Article 1(Purpose) #

The purpose of this Decree is to stipulate matters delegated by the Act on the Creation and Furtherance of Arboretums and Gardens and matters necessary for its enforcement. <Amended on Jun. 30, 2005; Aug. 11, 2009; Jul. 20, 2015>

Article 1-2(Spaces excluded from gardens) #

In the proviso of subparagraph 1-2 of Article 2 of the Act on the Creation and Furtherance of Arboretums and Gardens (hereinafter referred to as the "Act"), "cultural heritage as defined in the Act on Conservation and Utilization of Cultural Heritage, natural heritage as defined in the Act on Conservation and Utilization of Natural Heritage, natural parks as defined in the Natural Parks Act, urban parks as defined in the Act on Urban Parks and Green Areas, and other spaces prescribed by Presidential Decree" refers to any of the following: <Amended on Jun. 22, 2021; May 7, 2024>

1. Cultural heritage according to the Act on the Conservation and Utilization of Cultural Heritage or natural heritage according to the Act on the Conservation and Utilization of Natural Heritage;

2. Natural parks according to subparagraph 1 of Article 2 of the Natural Parks Act;

3. Urban parks according to subparagraph 3 of Article 2 of the Act on Urban Parks and Green Areas;

4. A space with landscaping according to Article 42 of the Building Act.

[This Article Added on Jul. 20, 2015]

[Former Article 1-2 moved to Article 1-3 <Jul. 20, 2015>]

Article 1-3(For-profit projects of arboretums) #

The "projects prescribed by Presidential Decree" in Article 3 (1) 9-2 of the Act refers to the following projects:

1. Production and sale of exhibits and souvenirs;

2. Production and sale of publications related to arboretums;

3. Sale of plants grown in the arboretums;

4. Establishment and operation of education and training facilities for the users of arboretums;

5. Other projects deemed necessary by the Administrator of the Korea Forest Service to achieve the purpose of establishing the arboretum.

[This Article Added on Jun. 22, 2021]

[Former Article 1-3 moved to Article 1-4 <Jun. 22, 2021>]

Article 1-4(Preparation and management of forest genetic resources) #

(1) The compilation standards of forest genetic resources according to Article 3 (1) 11 of the Act are specified in Appendix 1. <Amended on Aug. 11, 2009; Jul. 20, 2015>

(2) If the Director of the Korea National Arboretum (referring to the Director of the Korea National Arboretum referred to in Article 5 (1) of the Act; hereinafter the same shall apply) intends to compile a list of forest genetic resources in accordance with the compilation standards pursuant to paragraph (1), he or she shall go through deliberation by the National Tree Genetic Resources List Deliberation Committee as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 25, 2017>

(3) If the Director of the Korea National Arboretum prepares a list of forest genetic resources in accordance with paragraphs (1) and (2), he or she shall establish an information system to manage the list and provide it to the general public.

(4) The details necessary for the preparation and management of the list of forest genetic resources according to paragraph (1) shall be determined by the Director of the Korea National Arboretum, and the matters necessary for the composition and operation of the Korea National Forest Genetic Resources List Deliberation Committee according to paragraph (2) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[Added on Jun. 28, 2007]

[Moved from Article 1-3 <Jun. 22, 2021>]

Article 1-5(Establishment and operation of living gardens) #

In Article 4 (2) 5 of the Act, "an institution prescribed by Presidential Decree" refers to the Korea Arboreta and Gardens Institute pursuant to Article 18-19 of the Act. <Amended on Jul. 2, 2024>

[This Article Added on Jun. 22, 2021]

Article 1-6(Types and standards of garden facilities) #

The types and standards of the facilities that need to be installed pursuant to Article 4 (3) of the Act in gardens specified in each subparagraph of paragraph (2) of that Article are as set forth in Appendix 1-2.

[This Article Added on Jun. 22, 2021]

Article 2(Master plan for furtherance of arboretum and gardens) #

(1) The "matters prescribed by Presidential Decree" in Article 6 (2) 5 of the Act refers to the following matters: <Amended on Jul. 20, 2015>

1. Matters concerning the expansion and revitalization of arboretums and gardens;

2. Matters concerning the training of professional manpower for arboretums and gardens;

3. Matters concerning the establishment of arboretums and gardens overseas and international exchange and cooperation related to arboretums and gardens;

4. Matters concerning the promotion and revitalization of the garden industry;

5. Other matters necessary for the establishment and promotion of arboretums and gardens, such as the establishment of systems related to arboretums and gardens.

(2) When the Administrator of the Korea Forest Service intends to formulate a master plan for the furtherance of arboretums and gardens pursuant to Article 6 (1) of the Act (hereinafter referred to as the "master plan"), he or she shall consult with the head of a relevant administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Aug. 11, 2009; Jul. 20, 2015; Apr. 25, 2017>

(3) When the Administrator of the Korea Forest Service establishes a master plan, he or she shall notify the heads of relevant administrative agencies and a Mayor/Do Governor and publicly notify the outline. <Amended on Jul. 20, 2015>

(4) Deleted. <Jul. 20, 2015>

[Title Amended on Jul. 20, 2015]

Article 3(Hearing opinions from residents) #

(1) When the Administrator of the Korea Forest Service or the head of a local government intends to hear opinions from residents pursuant to the latter part of Article 6-2 (1) of the Act, the main content of the designation plan for a proposed arboretum development site (hereinafter referred to as "proposed arboretum development site") pursuant to the former part of Article 6-2 (1) of the Act shall be publicly announced in two or more daily primarily circulated in the relevant local government's region, and posted on the bulletin board and the website of the Korea Forest Service or the relevant local government, and make it available for residents to view for at least 14 days.

(2) Anyone who has an opinion on the designation plan for the proposed arboretum development site publicly announced under paragraph (1) may submit an opinion to the Administrator of the Korea Forest Service or the head of a local government from the start date of viewing to 5 days after the end of the viewing period.

(3) The Administrator of the Korea Forest Service or the head of a local government shall review whether to reflect the opinions submitted in accordance with paragraph (2) and notify the person who submitted the opinions of the results of review within 30 days from the end of the review period.

[This Article Added on Aug. 11, 2009]

Article 3-2(Consultation with heads of relevant administrative agencies) #

(1) Where the Administrator of the Korea Forest Service or the head of a local government intends to consult with the head of a relevant administrative agency on the designation of a proposed arboretum development site under the latter part of Article 6-2 (1) of the Act, he or she shall forward a draft designation of the proposed arboretum development site to the head of the relevant administrative agency.

(2) Upon receipt of a request for consultation under paragraph (1), the head of a relevant administrative agency shall reply with his or her opinion thereon within 20 days from the date of receipt of such request.

(3) Where it is difficult for the head of a relevant administrative agency to reply with an opinion within the consultation period under paragraph (2), the head shall notify the reasons therefor and the expected date of reply, and shall submit his or her opinion within the notified period.

[This Article Added on Jun. 25, 2025]

[The former Article 3-2 moved to Article 3-3 <Jun. 25, 2025>]

Article 3-3(Designation and revocation of proposed arboretum development sites) #

(1) "Facilities for official or public use prescribed by Presidential Decree" under Article 6-2 (4) 2 of the Act means any of the following facilities: <Amended on Mar. 29, 2017; Mar. 12, 2019; Jun. 14, 2022>

1. Expressways and general national roads according to the Road Act;

2. Railway facilities according to the Act on Railroad Construction and Railroad Facilities Management;

3. Port facilities according to the Port Act;

4. Airport facilities according to the Airport Facilities Act;

5. Dams according to the Act on Construction and Management of Dams and Assistance to Their Environs;

6. Broadcasting, communications, or power generation facilities.

(2) In order to obtain permission under the proviso, with the exception of the subparagraphs, of Article 6-2 (6) of the Act, the case shall fall under any of the following subparagraphs:

1. In cases where it is necessary to recover from disasters, such as landslides;

2. In cases where it does not cause damage to tree genetic resources and landscape and does not interfere with the development of an arboretum.

[This Article Added on Aug. 11, 2009]

[Moved from Article 3-2, former Article 3-3 moved to Article 3-4 <Jun. 25, 2025>]

Article 3-4(Standards for formulation of Korea National Arboretum development plan) #

The standards for formulating a Korea National Arboretum development plan according to Article 6-3 (1) of the Act are as set forth in Appendix 1-3. <Amended on Jun. 22, 2021>

[This Article Added on Aug. 11, 2009]

[Moved from Article 3-3 <Jun. 25, 2025>]

Article 4(Approval of modifications to plan for creation of arboretums) #

(1) The cases where a person who intends to make any modifications to a plan for creating an arboretum shall obtain an approval pursuant to Article 7 (2) of the Act shall be any of the following cases: <Amended on Jun. 28, 2007; Jun. 22, 2021>

1. Where a person intends to change the area or boundary of the arboretum to be created;

2. Where a person intends to install additional facilities;

3. Where a person intends to change the structure and size of the facilities;

4. Where a person intends to change the content deemed to have been permitted, approved, or reported under other statues pursuant to Article 8 of the Act.

(2) The standards for approval and approval for modifications of a plan for creating an arboretum according to Article 7 (3) of the Act are specified in Appendix 2. <Added on Jun. 28, 2007>

[Title Amended on Jun. 28, 2007]

Article 5(Application for registration and modified registration) #

(1) A person who intends to file for the registration of an arboretum in accordance with Article 9 (1) of the Act shall submit a written application for the registration to the Mayor/Do Governor, along with the documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013>

(2) A person who intends to modify registered information pursuant to paragraph (1) shall submit a written application for modified registration, attached with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Mayor/Do Governor, within 14 days from the date of modifications. <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013>

Article 6(Qualifications of professional administrators) #

The professional administrators provided in Article 9 (1) of the Act shall be persons who fall under any of the following subparagraphs: <Amended on Jun. 30, 2005; Jun. 28, 2007; Jul. 20, 2015; Aug. 16, 2017; Jul. 16, 2019, Jun. 22, 2021, Jul. 2, 2024; Jun. 25, 2025>

1. A person who has obtained a national technical qualification that is equivalent to, or higher level of, a forest engineer, forestry seed engineer, plant protection engineer, landscape engineer, seed engineer, or facility horticulture engineer under the National Technical Qualifications Act;

2. A person who has obtained a national technical qualification of forestry technician or higher according to the National Technical Qualifications Act;

3. A person who has obtained national technical qualifications as a forestry industry engineer, forestry management industry engineer, forestry seedling industry engineer, plant protection industry engineer, landscape industry engineer, seed industry engineer, or facility horticulture industry engineer according to the National Technical Qualifications Act, who has at least 2 years of practical experience in the relevant field;

4. A person who has obtained a master's degree or higher in the field of forestry resources, botany, ecology, horticulture, or landscape architecture and has at least 2 years of practical experience in the field;

5. A person who majored in forestry resources, botany, ecology, horticulture, or landscape architecture at a school with a course period of four years or longer as defined in Article 2 of the Higher Education Act and graduated (including cases where the applicant is recognized as having an equivalent level of academic ability according to the statutes and regulations) and has at least 7 years of practical experience in the relevant field;

6. A person who has been a public official in charge of forestry work for at least 10 years, or a person who has worked in the field of plant creation and management in an arboretum or botanical garden for at least 10 years;

7. A person who has completed a training course for arboretum experts at a training institution for arboretum experts pursuant to Article 18-16 (1) of the Act.

Article 7(Registration requirements for arboretums) #

The registration requirements for arboretums under Article 9 (3) of the Act are as follows: <Amended on Apr. 25, 2017; Jul. 2, 2019; Jun. 22, 2021>

1. Personnel: At least 1 professional manager under Article 6 shall be employed;

2. Forest genetic resources: The arboretum shall have at least 1,000 species (referring to species, subspecies, varieties, and varieties; hereinafter the same shall apply in this subparagraph) of trees (tall trees), shrubs (small trees), and herbaceous plants. However, in the case of arboretums established on islands according to Article 2 of the Islands Development Promotion Act, the arboretum shall have at least 500 species of trees, shrubs, and herbaceous plants combined;

3. Facilities: Facilities that correspond to the provisions of each item of subparagraph 1 of Article 2 of the Act shall be equipped.

Article 7-2(Designation of national rare and endemic plants conservation organizations) #

(1) In the part, with the exception of the subparagraphs, of Article 13-3 (1) of the Act, "business prescribed by Presidential Decree, such as collection, multiplication, and preservation" refers to the following business:

1. Collection, propagation, preservation, restoration, management, and exhibition of rare plants and endemic plants;

2. Use of rare and endemic plants, development and distribution of varieties;

3. Genetic testing on rare and endemic plants;

4. Academic and industrial research and study on rare and endemic plants;

5. Education and promotion for the conservation of rare and endemic plants;

6. Other business deemed necessary by the Director of the Korea Forest Service for the conservation of rare and endemic plants.

(2) The detailed standards for the revocation of designation and the suspension of business of the National Rare and Endemic Plants Conservation Institution (hereinafter referred to as "Conservation Institution") pursuant to Article 13-3 (3) of the Act are as set forth in Appendix 2-2.

[This Article Added on Jul. 2, 2024]

Article 8(Request for rectification) #

The Administrator of the Korea Forest Service or the Mayor/Do Governor, when requesting rectification from an operator of an arboretum pursuant to Article 17 (1) of the Act, shall notify the operator in writing, specifying the details of the violation, the matters to be rectified, and the deadline for such rectification. <Amended Jan. 25, 2012>

Article 8-2(Prohibited acts in arboretums) #

(1) The "acts prescribed by Presidential Decree" in subparagraph 3 of Article 17-2 of the Act refers to any of the following acts: <Amended on Jun. 25, 2025>

1. The act of damaging arboretum facilities;

2. The act of disposing of filth or waste in a location other than a designated place;

3. The act of causing severe noise or odor, or otherwise creating discomfort or disgust for others;

4. The act of camping, cooking, and starting a fire;

5. The act of parking in a location other than a designated area;

6. The act of conducting business using a motorized device with two or more wheels;

7. The act of entering areas other than roadways, using a motorized device with two or more wheels; provided, the act of entering with a stroller, the act of persons with disabilities, the elderly, or pregnant women entering with a wheelchair, or the act of entering for official duties is excluded;

8. The act of entering with a companion animal; provided, the act of a person with a disability entering with an assistance dog in accordance with Article 40 (3) of the Act on Welfare of Persons with Disabilities is excluded;

9. Other prohibited acts prescribed by ordinance of the competent local government that manages the relevant arboretum.

(2) Korea National Arboretum or public arboretums shall install signs at the entrance to the arboretum to inform visitors of prohibited acts pursuant to Article 17-2 of the Act.

[Added on Jan. 25, 2012]

[The former Article 8-2 moved to Article 8-3 <Jan. 25, 2012>]

Article 8-3(Requirements for designation of national gardens) #

(1) The requirements for designating a local garden as a national garden pursuant to Article 18-3 (2) of the Act shall be as specified in Appendix 2-3. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

(2) The head of a local government seeking to have a local garden designated as a national garden pursuant to Article 18-3 (2) of the Act shall submit an application for designation of a national garden to the Administrator of the Korea Forest Service as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jul. 16, 2019; Jun. 22, 2021>

(3) The Administrator of the Korea Forest Service who received an application pursuant to paragraph (2) may designate a local garden that meets the requirements for designation of national gardens as set forth in Appendix 2-3 as a national garden. <Amended on Jul. 2, 2024>

(4) When the Administrator of the Korea Forest Service intends to designate a local garden as a national garden under paragraph (3), he or she shall organize an advisory group consisting of at least 8 experts in the fields of creation and management of gardens, such as forests, landscaping, gardening, and horticulture, to seek opinions thereon in order to professionally examine whether the local garden meets the requirements for designation as national gardens specified in Appendix 2-3. In such cases, detailed matters necessary for the composition, operation, etc. of the advisory group shall be determined and publicly notified by the Administrator of the Korea Forest Service. <Added on Jun. 25, 2025>

(5) Local gardens designated as national gardens in accordance with Article 18-3 (2) of the Act shall be operated by the competent local government. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jun. 25, 2025>

(6) The Administrator of the Korea Forest Service, when providing budgetary support for the operation of a local garden designated as a national garden pursuant to Article 18-3 (2) of the Act, may request the competent local government operating the relevant garden to submit necessary data and materials for the support of such costs, in accordance with paragraph (4) of that Article. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jun. 25, 2025>

[This Article Added on Jul. 20, 2015]

[Former Article 8-3 moved to Article 8-8 <Jul. 20, 2015>]

Article 8-4(Registration of gardens) #

(1) A person intending to register a garden pursuant to Article 18-4 (1) of the Act shall submit a registration application along with the documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the Mayor/Do Governor. <Amended on Jul. 16, 2019>

(2) The standards for qualifications of professional administrators and facilities, etc. of gardens that need to be registered in accordance with the proviso, with the exception of the subparagraphs, of Article 18-4 (1) of the Act, shall be as set forth in Appendix 2-4. <Added on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

(3) A person who intends to register modifications pursuant to the main clause of Article 18-4 (2) of the Act shall submit an application for modified registrations, along with the documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Mayor/Do Governor within 14 days from the date of modifying the registered details. <Amended on Jul. 16, 2019>

[This Article Added on Jul. 20, 2015]

[Title Amended on Jul. 16, 2019]

Article 8-5(Evaluation criteria for quality and operation and management of gardens) #

(1) The evaluation criteria for the quality and operation and management of gardens pursuant to Article 18-7 (1) of the Act are as follows: <Amended on Jul. 16, 2019; Mar. 28, 2023>

1. Whether the garden has historical or unique characteristics that distinguish it from other gardens in terms of its creation, location, or related aspects;

2. The appropriateness of the garden's creation and management conditions;

3. The appropriateness of the safety and hygiene management conditions of facilities;

4. The utilization of the garden, including the performance of garden experience programs;

5. Whether there are any regional cooperation projects linked to the garden;

6. Other criteria that the Administrator of the Korea Forest Service deems necessary for evaluating the cultural ripple effects of the garden.

(2) If the Administrator of the Korea Forest Service intends to conduct an evaluation on the quality and operation and management of gardens pursuant to Article 18-7 (1) of the Act, he or she shall form an evaluation team of at least 5 experts specified in any of the following subparagraphs and conduct an evaluation: <Amended on Jul. 16, 2019; Jun. 25, 2025>

1. A person who has at least 3 years of work experience in the relevant field after obtaining national technical qualification as a forestry engineer, landscape architect, or facility horticultural engineer under the National Technical Qualifications Act;

2. A person who has at least 3 years of work experience in the relevant field after obtaining national technical qualification as a forest engineer, plant protection engineer, landscape engineer, seed engineer, or greenhouse horticulture engineer or higher level of national technical qualification under the National Technical Qualifications Act;

3. A person who is an assistant professor or higher who teaches forestry resources, botany, ecology, horticulture, or landscape architecture at a school defined in Article 2 of the Higher Education Act;

4. A person who has served for 20 years or more as a teacher specializing in forestry, horticulture, or landscaping at a specialized high school in accordance with Article 91 of the Enforcement Decree of the Elementary and Secondary Education Act;

5. A person who has performed research for at least 3 years in a national or public testing or research institution in the fields of forests, landscaping, gardening, or horticulture;

Article 8-6(Prohibited acts in gardens) #

(1) The "act prescribed by Presidential Decree" in subparagraph 3 of Article 18-8 of the Act refers to any of the following acts:

1. The act of disposing of waste or garbage in a place other than the designated place;

2. Camping, cooking, and making fire in places other than designated areas;

3. Entering the garden without a leash to control your companion dog;

4. Other prohibited acts prescribed by Municipal Ordinance of a local government that manages gardens for the efficient operation and management of the gardens.

(2) A person who operates a national garden or a local garden shall install a sign at the entrance to the garden to inform the visitors of prohibited acts pursuant to Article 18-8 of the Act.

[This Article Added on Jul. 2, 2024]

[Former Article 8-6 moved to Article 8-7 <Jul. 2, 2024>]

Article 8-7(Promotion of garden promotion projects) #

The "relevant specialized institutions prescribed by Presidential Decree" in Article 18-9 (2) of the Act refers to the following institutions: <Amended on Jul. 2, 2024>

1. The Korea Arboreta and Gardens Institute under Article 18-19 of the Act;

2. Schools with departments or majors related to landscaping, forestry, and horticulture among universities, industrial colleges, vocational colleges, and technical colleges under Article 2 of the Higher Education Act;

3. A non-profit corporation established with the permission of the Administrator of the Korea Forest Service in accordance with Article 32 of the Civil Act and carrying out work related to the promotion of the garden industry or the revitalization of garden culture.

[This Article Wholly Amended on Jun. 22, 2021]

[Moved from Article 8-6, former Article 8-7 moved to Article 8-8 <Jul. 2, 2024>]

Article 8-8(Support for international exchange and overseas market expansion) #

(1) Support required for international exchange and overseas market expansion pursuant to Article 18-13 (1) of the Act shall be targeted at the following business projects: <Amended on Jul. 2, 2024>

1. Research and study project for the promotion of the garden industry;

2. Project to support international exchange of information, technology, and human resources related to the garden industry;

3. Projects supporting the hosting of expos and exhibitions for the expansion of the garden industry into overseas markets, as well as participation in international expos and exhibitions;

4. Provision of information, consultation, education, and promotional activities necessary for the overseas market expansion of the garden industry;

5. Other projects that the Administrator of the Korea Forest Service deems necessary to promote the garden industry.

(2) A person seeking support pursuant to Article 18-13 (1) of the Act shall submit an application for support, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, along with a business plan for the projects listed in each subparagraph of paragraph (1) and documentation explaining the feasibility of the project, to the Administrator of the Korea Forest Service. <Amended on Jul. 2, 2024>

(3) Except as otherwise provided for in paragraph (2), the Administrator of the Korea Forest Service shall determine and publicly notify necessary matters regarding the procedures and methods of application for support.

[This Article Added on Jun. 22, 2021]

[Moved from Article 8-7, former Article 8-8 moved to Article 8-9 <Jul. 2, 2024>]

Article 8-9(Establishment and operation of garden support center) #

The garden support center under Article 18-15 (1) of the Act shall be established and operated in a national garden (including a local garden designated as a national garden under Article 18-3 (2) of the Act). <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

[This Article Added on Jul. 20, 2015]

[Moved from Article 8-8, former Article 8-9 moved to Article 8-10 <Jul. 2, 2024>]

Article 8-10(Standards for designation of training institutions for arboretum or garden specialists) #

(1) The standards for designation of training institutions for arboretum specialists pursuant to Article 18-16 (2) of the Act are as set forth in Appendix 3. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

(2) The standards for designating the training institutions for garden specialists pursuant to Article 18-16 (2) of the Act are as set forth in Appendix 3-2. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

[This Article Wholly Amended on Apr. 25, 2017]

[Moved from Article 8-9, former Article 8-10 moved to Article 8-11 <Jul. 2, 2024>]

Article 8-11(Business projects of Korea Arboreta and Gardens Institute) #

The term "business prescribed by Presidential Decree" in Article 18-19 (1) 4 of the Act refers to the following businesses: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Assistance or support for the business projects under Article 3 (1) 10 thorough 13 of the Act that are carried out by the Korea National Arboretum pursuant to Article 5 (1) of the Act;

2. Conservation and utilization of forest organisms (referring to organisms corresponding to forest resources as defined in subparagraph 2 (a) of Article 2 of the Creation and Management of Forest Resources Act) for the efficient management of forest genetic resources;

3. Management and provision of information and the information systems necessary for the furtherance of arboretums and gardens;

4. Development and distribution of educational programs related to arboretums and gardens;

5. Training of professional personnel related to arboretums and gardens;

6. Conservation, propagation, and distribution of plants within arboretums and gardens;

7. Exchange and cooperation projects for the furtherance of arboretums and gardens;

8. Profit-making businesses to secure operating funds, as long as they do not interfere with the performance of the Korea Arboreta and Gardens Institute (hereinafter referred to as the "KoAGI") pursuant to Article 18-19 of the Act;

9. Other projects deemed necessary by the Administrator of the Korea Forest Service to achieve the business objectives of the KoAGI.

[This Article Added on Apr. 25, 2017]

[Title Amended on Jun. 22, 2021]

[Moved from Article 8-10, former Article 8-11 moved to Article 8-12 <Jul. 2, 2024>]

Article 8-12(Registration of establishment and articles of incorporation of KoAGI) #

(1) The registration for incorporation of KoAGI under Article 18-19 (3) of the Act shall include the following matters: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Objectives;

2. Name;

3. Location of the principal office, branches and other offices;

4. Names and addresses of executive officers;

5. Method of public announcement.

(2) The articles of incorporation of the KoAGI shall include each of the following matters:

1. Objectives;

2. Name;

3. Matters pertaining to the principal office, branches and other offices;

4. Executive officers and employees;

5. Matters concerning the board of directors;

6. Matters concerning business affairs and the execution thereof;

7. Assets and accounting thereof;

8. Matters concerning modifications to the articles of incorporation;

9. Methods of public announcement;

10. Matters concerning the establishment, revision, and abolition of internal regulations of the KoAGI;

11. Other matters necessary for the operation of the KoAGI.

[This Article Added on Apr. 25, 2017]

[Moved from Article 8-11, former Article 8-12 moved to Article 8-13 <Jul. 2, 2024>]

Article 8-13(Request for dispatch of public officials) #

(1) If the chairperson of the KoAGI (hereinafter referred to as the "chairperson) intends to request the dispatch of a subordinate public official to the Administrator of the Korea Forest Service pursuant to Article 18-21 (2) of the Act, he or she shall submit a written request for dispatch, stating the following matters to the Administrator of the Korea Forest Service: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Grounds for requesting dispatch;

2. Dispatch period;

3. Number of dispatched personnel;

4. Specialization and qualification requirements of dispatched personnel.

(2) Public officials dispatched to the KoAGI shall comply with the service regulations established by the chairperson during the period of dispatch.

(3) The KoAGI may pay allowances to public officials dispatched pursuant to paragraph (1) in accordance with the standards set forth in the articles of incorporation of the KoAGI. In this case, the allowances shall not exceed the standards prescribed by the Minister of Personnel Management pursuant to Article 41 (8) of the Decree on the Appointment of Public Officials.

[This Article Added on Apr. 25, 2017]

[Moved from Article 8-12, former Article 8-13 moved to Article 8-14 <Jul. 2, 2024>]

Article 8-14(Application for approval of loan) #

In case the KoAGI seeks approval for a loan pursuant to Article 18-22 (1) 2 of the Act, he or she shall submit a loan approval application form to the Administrator of the Korea Forest Service along with the following documents: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Documents stating the lender, reason for the loan, the terms and conditions of the loan, and the loan amount;

2. Documents stating the repayment method and repayment period of the loan;

3. Documents containing other information required for borrowing and repayment of the loan.

[This Article Added on Apr. 25, 2017]

[Moved from Article 8-13, former Article 8-14 moved to Article 8-15 <Jul. 2, 2024>]

Article 8-15(Procedures for receipt of donations) #

(1) In the event that the KoAGI receives a voluntarily deposited donations (hereinafter referred to as "donations") pursuant to Article 18-23 (1) of the Act, a receipt shall be issued to the donors; provided, in the case of anonymous donations or when the donor is unknown, a receipt may not be issued. <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

(2) If the donor in accordance with paragraph (1) has specified the use of donations, the KoAGI shall use it only for that purpose; provided, if there are special circumstances that make it difficult to use the donations for the designated purpose, the KoAGI may use them for a different purpose with the donor's consent.

(3) The chairperson shall keep a ledger on the status of receipt and use of donations and make it available for donors to review.

[This Article Added on Apr. 25, 2017]

[Moved from Article 8-14, former Article 8-15 moved to Article 8-16 <Jul. 2, 2024>]

Article 8-16(Submission of business plans and reporting of business affairs) #

(1) In the event that the chairperson intends to obtain approval from the Minister of the Korea Forest Service for a business plan and budget bill pursuant to the former part of Article 18-24 (1) of the Act, the following documents shall be submitted to the Administrator of the Korea Forest Service by November 30 each year. In such cases, where profit-making business under subparagraph 8 of Article 8-11 are included, separate documents for such business shall be prepared and submitted: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Business plan and budget bill for the next fiscal year;

2. Review opinion of the Director of the Korea National Arboretum.

(2) In cases where the chairperson intends to obtain approval for modifications to the business plan or budget bill from the Administrator of the Korea Forest Service pursuant to the latter part of Article 18-24 (1) of the Act, the following documents shall be submitted to the Minister of the Korea Forest Service. In cases where modifications to the profit-making business under subparagraph 8 of Article 8-11 are included, following documents for such projects shall be prepared and submitted separately: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Documents stating the details and reasons for modifications;

2. Business plan or budget bill reflecting the details of modifications;

3. Review opinion of the Director of the Korea National Arboretum.

(3) In Article 18-24 (2) of the Act, "matters prescribed by Presidential Decree" refers to the following matters: <Amended on Jul. 16, 2019; Jun. 22, 2021; Jul. 2, 2024>

1. Management status including budget, organization and human resources;

2. Other matters requested by the Administrator of the Korea Forest Service in relation to the business of the KoAGI.

[This Article Added on Apr. 25, 2017]

[Moved from Article 8-15 <Jul. 2, 2024>]

Article 9(Designation standards for buffer zones of Korea National Arboretum) #

(1) The areas that can be designated as buffer zones of the Korea National Arboretum (hereinafter referred to as "buffer zones") pursuant to Article 19 (1) of the Act are as follows:

1. Areas adjacent to the Korea National Arboretum (including Gwangneung Forest Experimental Forest; the same applies hereinafter in this Article) and recognized as having an equivalent level of ecological value;

2. Areas deemed necessary to prevent ecological isolation of the Korea National Arboretum;

3. Areas deemed necessary for the protection of natural forests and biodiversity within the Korea National Arboretum.

(2) When the Administrator of the Korea Forest Service intends to designate an area corresponding to the provisions of paragraph (1) as a buffer zone, the opinions of the residents of the relevant area shall be collected.

Article 10(Reasons for modification or cancellation of buffer zones) #

The grounds for the modifications or cancellation of the buffer zones under Article 19 (2) of the Act are as follows:

1. Modification: When it is deemed inevitable to change the buffer zone to achieve the designated purpose of the buffer zone;

2. Cancellation: When it is recognized that the purpose of designating the buffer zone has been achieved or the purpose of designation has been lost.

Article 10-2(Procedures for purchase) #

(1) A person who wishes to request the purchase of land, buildings, or other objects fixed on the land (hereinafter referred to as "land, etc.") within the buffer zone shall submit to the Administrator of the Korea Forest Service a written request for the purchase of land, etc. containing the following matters, or other documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs pursuant to Article 19-3 (4) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Name and address of the owner of the land, etc. (in case of a corporation, its name and the name of its representative);

2. Lot number, land category, and current usage status of the land, etc.;

3. When rights other than the ownership have been established on the land, etc., the type and details of such rights, along with the name of the right holder (in the case of a corporation, its name and the name of its representative) and address;

4. Reasons for requesting purchase.

(2) When a purchase request is made under paragraph (1), the Administrator of the Korea Forest Service shall notify the person who has requested the purchase of whether it is subject to purchase, the estimated purchase price, etc. within 60 days from the date on which the request is made, and the land, etc. for which a purchase request has been received shall be purchased within 3 years.

[Added on Jun. 30, 2005]

Article 11(Delegation and entrustment of authority) #

(1) The Administrator of the Korea Forest Service shall delegate the following authorities to the Director of the Korea National Arboretum in accordance with Article 23 (1) of the Act: <Amended on Jun. 22, 2021; Jul. 2, 2024>

1. Authority to investigate, collect, and announce the status of forest genetic resources pursuant to Article 13-2 (1) of the Act;

2. Authority regarding the designation, cost support, revocation of designation, and business suspension of the preservation institutions pursuant to Article 13-3 (1) through (3) of the Act;

3. Authority to receive reports on the exchange of forest genetic resources pursuant to Article 15 (1) of the Act;

4. Promotion of matters related to research and technology development in the garden industry pursuant to Article 18-11 (1) 2 through 4 of the Act;

5. Authority to purchase land, etc. pursuant to Article 19-3 (2) of the Act;

6. Authority to consult on permission, etc. in buffer zones pursuant to Article 20 of the Act;

7. Authority to hear the cancellation of designation of a preservation institution pursuant to subparagraph 1-3 of Article 21 of the Act;

(2) The Administrator of the Korea Forest Service shall entrust the following affairs to the KoAIG pursuant to Article 23 (2) of the Act: <Amended on Jun. 22, 2021; Jul. 2, 2024>

1. Basic survey for formulating a basic plan according to Article 6 (1) of the Act (limited to the arboretum field);

2. Establishment and operation of the information network pursuant to Article 18-10 (3) of the Act;

3. Support necessary for international exchange and overseas market expansion pursuant to Article 18-13 of the Act.

[This Article Wholly Amended on Apr. 25, 2017]

Article 11-2(Re-examination of regulation) #

The Administrator of the Korea Forest Service shall examine the appropriateness of the following matters every 3 years, counting from January 1 of 2017 (referring to the period that ends on the day before January 1 of every third year), and take measures for improvements: <Amended on Apr. 25, 2017; Jun. 22, 2021; Jul. 2, 2024>

1. Criteria for the designation of training institutions for arboretum experts according to Article 8-10 (1) and Appendix 3;

2. Criteria for the designation of training institutions for garden specialists according to Article 8-10 (2) and Appendix 3-2.

[This Article Wholly Amended on Dec. 30, 2016]

Article 12(Standards for administrative fines) #

The standards for imposing administrative fines according to Article 24 (1) and (2) of the Act are as set forth in Appendix 4.

[This Article Wholly Amended on Jan. 25, 2012]