ENFORCEMENT DECREE OF THE MOUNTAINOUS DISTRICTS MANAGEMENT ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE MOUNTAINOUS DISTRICTS MANAGEMENT ACT — 법갈피

Article 3-5(Establishment and operation of mountainous district management information system) #

(1) The information system on the management of mountainous districts under Article 3-5(1) of the Act (hereinafter referred to as "mountainous district management information system") shall include the following: <Amended on Aug. 22, 2012>

1. Matters related to the basic survey on mountainous districts and the regional survey on mountainous districts;

2. Matters related to the classification of mountainous districts under Article 4 of the Act;

3. Matters related to restricted areas for the conversion and temporary use of mountainous districts, as well as restricted areas for earth and stone extraction;

4. Matters related to administrative dispositions related to the conversion and temporary use of mountainous districts, earth and stone extraction, and mountainous district restoration, etc.;

5. Other information related to the conservation and use of mountainous districts, as determined by the Administrator of the Korea Forest Service.

(2) The electronic information processing system under Article 3-5(2) of the Act (hereinafter referred to as the "integrated information system for conversion of mountainous districts") shall include each of the following matters: <Added on Dec. 16, 2021>

1. Matters related to permission for conversion of mountainous districts under Article 14 of the Act and notification of conversion of mountainous districts under Article 15 of the Act;

2. Matters related to permission and notification for temporary use of mountainous districts under Article 15-2 of the Act;

3. Matters related to substitute forest resource development charges under Article 19 of the Act;

4. Matters related to permission to extract earth and stones and notification of extraction of earth and sand under Article 25 of the Act;

5. Matters related to designation and revocation of quarry districts under Article 29 of the Act and quarrying notification under Article 30 of the Act;

6. Matters related to the sale of earth and stones from mountainous districts within State forest under Article 35 of the Act;

7. Matters related to restoration of converted mountainous districts under Article 39 of the Act;

8. Other matters determined by the Administrator of the Korea Forest Service to efficiently process the affairs of management of mountainous districts.

(3) The Administrator of the Korea Forest Service may request the heads of the relevant administrative agencies to submit necessary data, if deemed necessary to establish and operate an information system for management of mountainous districts. In such cases, the head of the administrative agency in receipt of such request shall comply therewith, unless there is a justifiable reason. <Amended on Aug. 22, 2012; Dec. 16, 2021>

(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for establishing and operating the information mountainous district management information system and the integrated information system for conversion of mountainous districts shall be determined by the Administrator of the Korea Forest Service. <Amended on Dec. 16, 2021>

(5) "A specialized institution for mountainous districts prescribed by Presidential Decree" in Article 3-5(4) of the Act means the Korea Forest Conservation Association under Article 46(1) of the Act (hereinafter referred to as the "KFCA"). <Added on Aug. 22, 2012; Dec. 16, 2021>

(6) Where the Administrator of the Korea Forest Service entrusts the establishment and operation of an information system for management of mountainous districts under Article 3-5(4) of the Act, he or she shall fully or partially subsidize the entrusted person for expenses incurred in performing the entrusted affairs within budgetary limits. <Added on Aug. 22, 2012; Dec. 16, 2021>

[This Article Added on Dec. 7, 2010]

Article 4(Classification of mountainous districts) #

(1) "Mountainous districts prescribed by Presidential Decree" in Article 4(1)1a4) of the Act means any of the following mountainous districts not designated or determined as the area, district, zone, etc. (hereinafter referred to as "the areas, etc.") to be conserved or used for specific purposes under other statutes: <Amended on Aug. 5, 2005; Aug. 4, 2006; Dec. 7, 2010; May 29, 2017>

1. Mountainous districts clustered as a natural forest or artificial forest with excellent characteristics;

2. Mountainous districts with fertile soil suitable for the growth of trees;

3. State forests other than conservation State forests under Article 16(1)1 of the Act on the State Forest Administration and Management Act, where forests are aggregated into contiguous areas;

4. Mountainous districts that the head of a local government intends to use for forest management purposes;

5. Other mountainous districts for laying the foundation for forestry production and efficiently producing forest products.

(2) "Green areas prescribed by Presidential Decree" in Article 4(1)1b9) of the Act means green conservation areas referred to in Article 30(1)4a of the Enforcement Decree of the National Land Planning and Utilization Act. <Amended on Dec. 7, 2010; Mar. 11, 2025>

(3) In Article 4(1)1b15) of the Act, "mountainous districts prescribed by Presidential Decree" means any of the following mountainous districts: <Amended on Dec. 7, 2010; Sep. 25, 2015; Dec. 29, 2017; Oct. 30, 2018; Jul. 2, 2019; Mar. 3, 2020>

1. Mountainous districts in natural environment conservation areas under Article 36(1)4 of the National Land Planning and Utilization Act;

2. Mountainous districts in disaster prevention areas according to Article 37(1)4 of the National Land Planning and Utilization Act;

3. Mountainous districts in urban natural park areas under Article 38-2(1) of the National Land Planning and Utilization Act;

4. Mountainous districts within the fishery resource protection zones under Article 40 of the National Land Planning and Utilization Act;

5. Mountainous districts within natural scenic districts, historical and cultural environment protection districts, and ecosystem protection districts under Article 31(2)1a, and subparagraph 5a and c of that paragraph of the Enforcement Decree of the National Land Planning and Utilization Act;

6. Mountainous districts necessary for the protection of forest ecosystem, mountainous landscape, coastal landscape, coastal sand dunes, or living environments;

7. Mountainous districts that the head of a central administrative agency or the head of a local government intends to use for public interest purposes.

[Title Amended on Jul. 24, 2008]

Article 6(Procedures for consultation on designation and determination of the areas, etc. in mountainous districts) #

(1) The head of a relevant administrative agency who intends to consult with the Administrator of the Korea Forest Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si (referring to a Special Self- Governing City Mayor in cases of a Special Self-Governing City, and a Special Self-Governing Province Governor in cases of a Special Self-Governing Province in which no Si/Gun that is a local government exists within its jurisdiction; hereinafter the same shall apply), Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) in accordance with Article 8(1) of the Act shall submit a written request for consultation along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the following persons: <Amended on Aug. 22, 2012; Mar. 23, 2013; Jun. 2, 2017; Jun. 7, 2023>

1. Where the area of mountainous districts (referring to the area of mountainous districts to be modified, excluding the area already agreed upon, in cases where consultation on modification is sought under the latter part of Article 8(1) of the Act; hereinafter the same shall apply in this subparagraph) is 2,000,000 square meters or more (1,000,000 square meters or more in the case of conservation mountainous districts): The Administrator of the Korea Forest Service;

2. Where the area of mountainous districts is 500,000 square meters or more but less than 2 million square meters (in case of conservation mountainous districts, 30,000 square meters or more but less than 1 million square meters):

a. In cases of mountainous districts in the State forests under the jurisdiction of the Administrator of the Korea Forest Service: The Administrator of the Korea Forest Service;

b. In cases of mountainous districts in the State forest, public forest, or private forest not under the jurisdiction of the Administrator of the Korea Forest Service: Mayor/Do Governor;

3. Where the area of mountainous districts is less than 500,000 square meters (less than 30,000 square meters in the case of conservation mountainous districts):

a. In cases of mountainous districts in the State forests under the jurisdiction of the Administrator of the Korea Forest Service: The Administrator of the Korea Forest Service;

b. In cases of mountainous districts within State forest, public forest, or private forest not under the jurisdiction of the Administrator of the Korea Forest Service: The head of a Si/Gun/Gu.

(2) "Minor matters prescribed by Presidential Decree" in the latter part of Article 8(1) of the Act means any of the following matters: In such cases, the head of the relevant administrative agency shall, without delay, notify the Administrator of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "Administrator of the Korea Forest Service, etc.") of details of the changed lot number, land category, and area of the mountainous district: <Amended on Jul. 24, 2008; Nov. 26, 2009; Dec. 14, 2009; Dec. 7, 2010; Aug. 22, 2012; Jun. 1, 2015>

1. Reducing the surface area of the areas, etc. designated or determined by the head of the relevant administrative agency in consultation with the Administrator of the Korea Forest Service, etc.;

2. An increase or decrease in the surface area of the areas, etc. etc. without changing its district as a result of a split survey conducted under Article 79 of the Act on the Establishment and Management of Spatial Data;

3. Deleted. <Dec. 7, 2010>

[Title Amended on Jul. 27, 2007]

Article 7(Notification of consultation on designation and determination of the areas, etc. in mountainous districts) #

(1) The scope of the areas, etc. that the heads of relevant administrative agencies shall consult with the Administrator of the Korea Forest Service, etc. in accordance with Article 8(1) of the Act shall be as specified in Appendix 1. <Amended on Aug. 22, 2012>

(2) Upon receipt of a request from the head of a relevant administrative agency for consultation on the designation or determination of the areas, etc. in mountainous districts under Article 8(1) of the Act, the Administrator of the Korea Forest Service, etc. shall conduct a field survey on the relevant mountainous districts, examine the matters for which consultation is requested in accordance with the criteria specified in Appendix 2, and notify his or her opinion; provided, the Administrator of the Korea Forest Service, etc. may, if the head of a relevant administrative agency has undergone a feasibility survey on conversion of mountainous districts under Article 18-2(1) of the Act, examine it without conducting a field survey. <Amended on Jul. 27, 2007; Aug. 22, 2012; Dec. 31, 2014>

(3) If necessary for examining matters for which consultation is requested under paragraph (2), the Administrator of the Korea Forest Service, etc. may hear opinions of a Mayor/Do Governor, the head of a Regional Forest Service, the head of a Si/Gun/Gu, or the head of State Forest Management Office under Regional Forest Service (hereinafter referred to as "the head of State Forest Management Office") in connection with the matters for which consultation is requested. <Added on Dec. 17, 2013>

(4) A person who has received a request for submission of opinions under paragraph (3) from the Administrator of the Korea Forest Service, etc. shall submit his or her opinion to the Administrator of the Korea Forest Service, etc. within 15 days from the date of receiving the request, unless there is a justifiable reason not to do so. <Added on Dec. 17, 2013; Dec. 31, 2014>

(5) In cases where the request for consultation under paragraph (2) falls under any of the following subparagraphs, the Administrator of the Korea Forest Service or the Mayor/Do Governor shall undergo deliberation by the Central Mountainous District Management Committee under Article 22(1) of the Act (hereinafter referred to as the "Central Mountainous District Management Committee") or the Regional Forest Management Committee under paragraph (2) of that Article (hereinafter referred to as the "Regional Forest Management Committee"): <Amended on Dec. 7, 2010; Aug. 22, 2012>

1. In cases where the area of the conservation mountainous district incorporated into the areas, etc. subject to consultation is 2 million square meters or more;

2. In cases where the area of the conservation mountainous district incorporated into a tourist resort facility or sports facility is 500,000 square meters or more.

[Title Amended on Jul. 27, 2007]

Article 8(Mountainous districts subject to designation as restricted areas for conversion and temporary use of mountainous districts) #

(1) In Article 9(1)1 of the Act, "main mountain ranges prescribed by Presidential Decree" means any of the following mountain ranges: <Amended on Mar. 11, 2025>

1. Baekdudaegan defined in subparagraph 1 of Article 2 of the Baekdu-Daegan Protection Act;

2. Main ridges as prescribed in each subparagraph of Article 2 of the Enforcement Decree of the Baekdu-Daegan Protection Act;

3. Other mountain ranges designated and publicly notified by the Administrator of the Korea Forest Service as necessary for the conservation of mountainous landscapes and forest ecosystems.

(2) Mountainous districts of a mountain range referred to in Article 9(1)1 of the Act, which are necessary for the conservation of mountain landscape and forest ecosystem, shall be mountainous districts located within a horizontal distance of 1 kilometer to either side from the central ridgeline of the relevant mountain range; provided, the mountainous district falling under any of the following subparagraphs shall be excluded: <Amended on Aug. 5, 2005; Dec. 7, 2010; Oct. 30, 2018>

1. Mountainous districts that are deemed inappropriate to be designated as a restricted area for conversion or temporary use of mountainous districts in consideration of topography, conditions of land use in the vicinity, etc.;

2. Mountainous districts in which development is underway for other purposes with authorization, permission, approval, etc. obtained under other statutes or regulations or development plans are finalized;

3. Mountainous districts of Baekdu-daegan Protection Areas under Article 6 of the Baekdu-Daegan Protection Act.

(3) In Article 9(1)2 of the Act, "mountainous districts prescribed by Presidential Decree" means any of the following mountainous districts: <Amended on Dec. 7, 2010; Oct. 30, 2018; May 7, 2024>

1. Mountainous districts with high academic, artistic, and scenic value as a mountain landscape;

2. Mountainous districts related to historical facts or historical figures;

3. Mountainous districts necessary for the protection of national heritage, such as traditional temples and monuments;

4. Mountainous districts necessary for conservation for the improvement of public health, recreation, and healing.

(4) In Article 9(1)3 of the Act, "mountainous districts prescribed by Presidential Decree" means the following mountainous districts: <Amended on Jul. 27, 2007; Feb. 29, 2008; Dec. 7, 2010; Mar. 23, 2013>

1. Mountainous districts in which landslides are highly likely to occur, depending on risk factors specified in the standards for determining landslide risk areas prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, such as the gradient, mother rock, and forest conditions of the mountainous districts;

2. Mountainous districts highly susceptible to soil erosion due to heavy rainfall or other similar events.

[Title Amended on Dec. 7, 2010]

Article 9(Procedures for designation of restricted areas for conversion or temporary use of mountainous districts) #

(1) Where the Administrator of the Korea Forest Service intends to hear opinions from the owners of the relevant mountainous districts, etc. under Article 9(2) of the Act, he or she shall give prior notice thereof to the owners of the relevant mountainous districts, publicly announce the lot number, land category, area, etc. of the areas to be designated as the restricted areas for the conversion or temporary use of mountainous districts in the Official Gazette, and widely publicize it through newspapers, broadcasting, the Internet, and other methods. <Amended on Dec. 7, 2010; Aug. 22, 2012>

(2) Where the Administrator of the Korea Forest Service has publicly announced the parcel number, land category, area, etc. of a prearranged area for designation as a restricted area for conversion or temporary use of a mountainous district in the Official Gazette under paragraph (1), he or she shall require the head of the competent Si/Gun/Gu or the Director of the competent National Forest Management Office to make the land specification indicating the parcel number, land category, area, etc. of the mountainous district to be incorporated into the restricted area for conversion or temporary use of a mountainous district, as well as a topographic map indicating a scale of at least 1:25,000 (or a cadastral map, if the database of topographic maps indicating the land category is not constructed in the national land use information system under Article 12 of the Framework Act on the Regulation of Land Use, or if it is difficult to utilize topographic maps due to discrepancies between topography and cadastre) available to make it available to the public for inspection for at least 20 days. <Amended on Aug. 5, 2005; Jul. 24, 2008; Dec. 7, 2010; Aug. 22, 2012; Dec. 17, 2013>

(3) A person who intends to present his or her opinion on the details of public inspection under paragraph (2) shall submit a written opinion (including a written opinion in electronic form) to the head of the competent Si/Gun/Gu or the head of State Forest Management Office within 30 days from the date the public inspection commences. <Amended on Mar. 17, 2004>

(4) The head of a Si/Gun/Gu or the head of State Forest Management Office in receipt of opinions submitted under paragraph (3) shall examine the validity of the details of opinions and submit the results thereof to a Mayor/Do Governor or the head of a Regional Forest Service, and the Mayor/Do Governor or the head of Regional Forest Service shall submit the results thereof to the Administrator of the Korea Forest Service, along with his or her comprehensive opinions. <Amended on Jan. 26, 2006>

(5) In cases where the Administrator of the Korea Forest Service designates a restricted area from the conversion or temporary use of mountainous districts under Article 9(3) of the Act, the Administrator of the Korea Forest Service shall publicly notify the following: <Amended on Jul. 24, 2008; Dec. 7, 2010>

1. The number and title of the topographic map, at a scale of 1:25,000 or larger, indicating the area of the restricted areas for conversion or temporary use of mountainous districts, with cadastral boundaries marked (in cases where a cadastral-marked topographic map under Article 12 of the Framework Act on the Regulation of Land Use has not been established in the national land use information system, or where discrepancies between topography and cadastral boundaries make it difficult to utilize the topographic map, a cadastral map may be used instead);

2. Names of administrative districts included in restricted areas for conversion or temporary use of mountainous districts.

[Title Amended on Dec. 7, 2010]

Article 10(Permitted activities in restricted areas for conversion or temporary use of mountainous districts) #

(1) "Facilities for official or public use prescribed by Presidential Decree" in subparagraph 3 of Article 10 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Feb. 1, 2007; Nov. 2, 2009; Nov. 26, 2009; Dec. 7, 2010; Aug. 22, 2012; Jul. 20, 2015; Dec. 30, 2016; Nov. 24, 2020; Jan. 6, 2022>

1. Track facilities installed by the State or local governments;

2. Windbreak facilities or fire prevention facilities;

3. Meteorological facilities under subparagraph 13 of Article 2 of the Weather Act and observatories under subparagraph 6 of Article 2 of the Act on Observation and Warning of Earthquakes, Tsunamis, and Volcanic Eruptions;

4. Government office buildings established by the State or local governments;

5. Trails, observatories, and shelters installed within natural parks pursuant to the Natural Parks Act, as well as protective and safety facilities intended to ensure the safety of visitors;

6. Natural environment conservation and utilization facilities under the Natural Environment Conservation Act;

7. Natural recreation forests, forest bathing areas, healing forests, children's forest experience centers, forest ecology centers, forest paths including walking trails, exploration routes, hiking trails, observatories (including pavilions), and shelters established by the State or local governments;

8. National arboretums and arboretum facilities established with approval of the arboretum establishment plan under Article 7 of the Act on the Creation and Furtherance of Arboretums and Gardens;

9. National communications facilities or telecommunications facilities under subparagraph 2 of Article 2 of the Framework Act on Telecommunications;

10. Waterworks facilities under subparagraph 17 of Article 3 of the Water Supply and Waterworks Installation Act;

11. Sewerage systems under subparagraph 3 of Article 2 of the Sewerage Act;

12. Groundwater measurement facilities under Article 17(1) of the Groundwater Act.

(2) "Facilities prescribed by Presidential Decree" in subparagraph 4 of Article 10 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Aug. 4, 2006; Mar. 9, 2010; Dec. 7, 2010; Dec. 31, 2014; Dec. 30, 2016; Jan. 30, 2026>

1. Facilities for the control and prevention of pests and diseases;

2. Facilities for the prevention and recovery from forest disasters such as forest fires and landslides;

3. Facilities for the conservation and management of veteran trees designated under Article 13(1) of the Forest Protection Act as well as wild flora and fauna;

4. Forest seedling production facilities (only applicable to those established by the State or local governments);

5. Forest roads installed in accordance with Article 9(1) of the Creation and Management of Forest Resources Act;

6. Work roads and forest product transport roads installed by the State or a non-state entity in accordance with a forestry management plan authorized under Article 13(2) of the Creation and Management of Forest Resources Act.

(3) "Facilities prescribed by Presidential Decree" in Article 10(5) of the Act means facilities established by any of the following institutions or organizations for the purpose of conducting forestry-related testing and research or achieving educational goals related to forestry: <Amended on Aug. 5, 2005; Dec. 7, 2010>

1. Forestry testing and research institutes affiliated with the Korea Forest Service (including its affiliated organizations);

2. Forestry testing and research institutes affiliated with local governments;

3. A school that has a department or faculty related to forestry as defined in Article 2 of the Higher Education Act.

(4) "Facilities prescribed by Presidential Decree" in subparagraph 7 of Article 10 of the Act means the following facilities: <Amended on Aug. 12, 2014>

1. Power generation facilities;

2. Substation facilities (including conversion facilities);

3. Transmission facilities;

4. Distribution facilities;

5. Wind and weather measurement facilities.

(5) "Underground mining prescribed by Presidential Decree" in subparagraph 8 of Article 10 of the Act means drift mining where the area of temporary use of a mountainous district, including adits and facilities for sorting and processing minerals, is less than 100,000 square meters. <Added on Dec. 7, 2010; Jun. 7, 2023>

(6) "Investigation and excavation of remains prescribed by Presidential Decree" in subparagraph 9-3 of Article 10 of the Act means investigation and excavation that falls under any of the following subparagraphs: <Added on Aug. 22, 2012>

1. Investigation and excavation of the remains of fallen soldiers in accordance with the Act on the Excavation of the Remains of Soldiers Killed in the Korean War;

2. Investigation and excavation of the remains of victims, etc. in accordance with the Special Act on Verification and Support for the Victims of Forced Mobilization under Japanese Colonialism in Korea;

3. Other investigations and excavations of remains conducted directly by the State or local governments for the purpose of discovering the remains of missing persons, crime victims, etc.

(7) "Period prescribed by Presidential Decree" in subparagraph 10 of Article 10 of the Act means a period not exceeding 1 year; provided, if the period of conversion or temporary use of mountainous districts for carrying out the intended project exceeds 1 year, it means the period of conversion or temporary use of the mountainous district. <Added on Dec. 7, 2010; Aug. 22, 2012>

(8) In subparagraph 11 of Article 10 of the Act, "access roads below the scale prescribed by Presidential Decree" means access roads with an effective width of 4 meters or less and a length of 50 meters or less, excluding cut-and-fill slopes (slopes formed by cutting or filling). <Added on Dec. 7, 2010; Aug. 22, 2012; Jul. 2, 2019; Nov. 24, 2020>

[Title Amended on Dec. 7, 2010]

Article 11(Revocation of designation of restricted areas for conversion or temporary use of mountainous districts) #

In Article 11(1)4 of the Act, "cases prescribed by Presidential Decree, such as changes in natural, social, economic, or regional conditions, or reasons of regional development" means any of the following cases: <Amended on Jul. 24, 2008; April 20, 2009; Nov. 26, 2009; Dec. 15, 2009; Dec. 7, 2010>

1. In cases where the head of relevant local government requests the revocation of designation of a restricted area for conversion or temporary use of mountainous districts, because it is deemed necessary to install the facilities permitted in the conservation mountainous districts under Article 12 of the Act, in consideration of local conditions and mountainous characteristics;

2. In cases where it is necessary for the purpose of living environment improvement projects under subparagraph 10 of Article 2 of the Agricultural and Fishing Villages Improvement Act or mountain village development projects under Article 25 of the Forestry and Mountain Villages Development Promotion Act, and the area included in the project plan site is less than 30/100;

3. In cases where it is necessary to rationalize land use, such as the installation of infrastructure for regional development (only applicable to transportation facilities, logistics facilities, and information and communication facilities);

4. In cases where a restricted area for conversion or temporary use of mountainous districts is cut off to less than 3,000 square meters due to the installation of public facilities such as roads and railways;

5. In cases of establishing a national cemetery under Article 3 of the Act on the Establishment and Management of National Cemeteries;

6. In cases where a restricted area for conversion or temporary use of mountainous districts is incorporated into an urban area under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act;

7. In cases where it is deemed inappropriate to maintain the area as a restricted area for conversion or temporary use of mountainous districts due to changes in land use conditions, such as the installation of houses or other structures nearby, and the head of a local government requests the revocation of the designation of a restricted area for conversion or temporary use of mountainous districts.

[This Article Wholly Amended on Jul. 27, 2007]

[Title Amended on Dec. 7, 2010]

Article 12(Restrictions on activities within mountainous districts for forestry use) #

(1) "Facilities prescribed by Presidential Decree" in Article 12(1)2 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Jul. 24, 2008; Nov. 2, 2009; Nov. 26, 2009; Dec. 7, 2010; Jun. 7, 2023; Mar. 11, 2025>

1. Forest roads, work roads, and forest product transport roads;

2. Facilities that fall under any of the following items installed by foresters as defined in subparagraph 1 of Article 2 of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act (referring to persons who manage forest after receiving approval for a forest management plan in accordance with the Creation and Management of Forest Resources Act), foresters as defined in subparagraphs 2 and 3 of that Article, and agricultural management entities that have registered forest land as agricultural management information in accordance with Article 4(1)1 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities:

a. Forest product production facilities or collection facilities with a site area of less than 10,000 square meters;

b. Forest product processing, drying, and storage facilities with a site area of less than 3,000 square meters;

c. Storage facilities for forestry equipment with a site area of less than 1,000 square meters (referring to facilities for storing fertilizers, pesticides, machinery, etc.) and exhibition or sales facilities for forest products;

d. Forest management cabins with a site area of less than 200 square meters (referring to facilities for managing forest operations, where the space for waiting and resting does not exceed 25 percent of the floor area), and shelters;

3. Deleted; <Jul. 27, 2007>

4. Tramway under the Tramway Transportation Act;

5. Facilities with a site area of less than 10,000 square meters installed in line with a mountain village development project under Article 25 of the Forestry and Mountain Villages Development Promotion Act.

6. Waste treatment facilities installed by the State or local governments among the waste treatment facilities under subparagraph 8 of Article 2 of the Wastes Control Act.

(2) In Article 12(1)3 of the Act, "public forest facilities prescribed by Presidential Decree" means any of the following facilities: <Amended on Jul. 27, 2007; Nov. 26, 2009; Dec. 7, 2010; Aug. 22, 2012; Nov. 11, 2015; Dec. 30, 2016; Oct. 30, 2018; Jun. 7, 2023>

1. Forest bathing areas, healing forests, forest camping sites, forest sports facilities, forest management experience forests, forest paths such as walking trails, exploration routes, hiking trails, and perimeter trails, and observatories (including pavilions);

2. Forestry education facilities such as nature observation centers, forest exhibition halls, woodworking workshops, forest classrooms, forest training centers, children's forest experience centers, forest museums, mountain museums, and forest education centers;

3. Wooden construction facilities for the promotion, exhibition, education related to the use of timber;

4. Facilities for promotion, exhibition, education, etc. of forest products established by the State, local governments, or non-profit organizations.

(3) In Article 12(1)4 of the Act, "houses ... and other facilities incidental thereto, as prescribed by Presidential Decree" means houses and their ancillary facilities, constructed on a site area of less than 660 square meters by a person engaged in agriculture, forestry, or fisheries (hereinafter referred to as "farmer, forester, and fisher"), as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, for the purpose of actual residence while directly engaging in the business management of agriculture, forestry, or fisheries on their own mountainous land. <Amended on Feb. 29, 2008; Nov. 26, 2009; Dec. 7, 2010; Mar. 23, 2013>

(4) In applying the site area under paragraph (3), where a farmer, forester, or fisher intends to construct houses and their ancillary facilities by converting mountainous districts, the area calculated by adding up the area subject to conversion and the area of the mountainous district for forestry use converted by the relevant farmer, forester, or fisher for the construction of a house and ancillary facilities in the relevant Si/Gun/Gu (limited to autonomous Gu) during the 5 years preceding the date of application for conversion permission (excluding the area of mountainous districts converted or to be converted for the construction of houses and ancillary facilities of persons engaged in agriculture, forestry, or fisheries that have been demolished due to a public project) shall be deemed the site area for the houses and their ancillary facilities of relevant farmer, forester, or fisher. <Amended on Aug. 5, 2005>

(5) "Facilities prescribed by Presidential Decree" in Article 12(1)5 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Sep. 6, 2007; Jun. 20, 2008; Jul. 24, 2008; Apr. 20, 2009; Oct. 8, 2009; Dec. 15, 2009; Dec. 7, 2010; Dec. 22, 2015; Dec. 30, 2016; Jun. 2, 2017>

1. Facilities specified in any of the following items that are installed by farmers, foresters, or fishers, or producers‘ organizations under subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry, producer groups under subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Village Development, agricultural partnership and fisheries partnership under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities, or agricultural company under Article 19 of that Act (hereinafter referred to as "farmers, foresters, and fishers, etc."):

a. Livestock facilities with a site area of less than 30,000 square meters;

b. The following facilities with a site area of less than 10,000 square meters:

1) Artificial breeding facilities for wild birds;

2) Fish farms, aquaculture farms, and fishing site facilities;

3) Organic fertilizer manufacturing facilities using waste wood, straw, food waste, etc. (limited to composting facilities under subparagraph 3c1)c) of Appendix 3 of the Enforcement Decree of the Waste Control Act);

4) Organic fertilizer manufacturing facilities using livestock manure;

5) Mushroom cultivation facilities, greenhouses for agriculture and forestry;

c. Following facilities with a site area of less than 3,000 square meters:

1) Agricultural machinery repair facilities or agricultural machinery warehouse;

2) Warehouses, collection centers, or processing facilities for agricultural and marine products;

3) Silkworm and other insect breeding and management facilities;

d. Following facilities with a site area of less than 200 square meters (referring to facilities where the space for waiting and resting does not exceed 25 percent of the floor area):

1) Farm work huts;

2) Agricultural and livestock management cabins (limited to non-residential use);

2. Tourism resort complexes and tourist farms in agricultural and fishing villages in an area of less than 30,000 square meters developed in accordance with Articles 82 and 83 of the Agricultural and Fishing Villages Improvement Act.

(6) In Article 12(1)8 of the Act, "facilities for official or public use prescribed by Presidential Decree" means any of the following facilities: <Amended on Aug. 5, 2005; Nov. 15, 2007; Feb. 29, 2008; Dec. 7, 2010; Mar. 23, 2013>

1. Deleted; <Aug. 22, 2012>

2. Deleted; <Dec. 7, 2010>

3. Deleted. <Dec. 7, 2010>

4. Facilities for storing liquefied petroleum gas, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

5. Facilities for supplying fuel to low-emission vehicles under subparagraph 16 of Article 2 of the Clean Air Conservation Act.

(7) "Religious facilities prescribed by Presidential Decree" in Article 12(1)10 of the Act means facilities directly used for religious ceremonies, such as temples, churches, cathedrals on the site area of less than 15,000 square meters, as well as ancillary facilities prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, which are established by a religious organization or its affiliated organization permitted as a religious corporation by the Minister of Culture, Sports and Tourism in accordance with Article 32 of the Civil Act. <Amended on Aug. 5, 2005; Feb. 29, 2008; Dec. 7, 2010; Mar. 23, 2013; Nov. 11, 2015>

(8) "Facilities prescribed by Presidential Decree" in Article 12(1)11 of the Act means any of the following facilities: <Amended on Mar. 18, 2005; Jun. 30, 2005; Aug. 5, 2005; Jul. 27, 2007; Nov. 26, 2009; Dec. 7, 2010; Dec. 8, 2011; Aug. 3, 2012; Sep. 24, 2014; Dec. 31, 2014; Dec. 30, 2016; Feb. 17, 2022>

1. General hospitals, hospitals, dental hospitals, Korean medicine hospitals, and nursing hospitals among medical institutions under Article 3(2)2 of the Medical Service Act. In such cases, facilities established under ancillary business under Article 49(1)3 through 5 of that Act shall be included;

2. Social welfare facilities defined in subparagraph 4 of Article 2 of the Social Welfare Program Act;

3. Youth training facilities under subparagraph 1 of Article 10 of the Youth Activity Promotion Act;

4. Facilities for the promotion of workers' welfare that fall under any of the following subparagraphs:

a. Workers' dormitories (limited to dormitories specified in subparagraph 2d of Appendix 1 of the Enforcement Decree of the Building Act);

b. Workplace childcare centers under subparagraph 4 of Article 10 of the Child Care Act;

c. Workers‘ housing provided in Article 15(2) of the Framework Act on Labor Welfare that is supplied to resolve housing shortages in the Seoul Metropolitan Area or Metropolitan Cities defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act;

d. Welfare centers for workers' leisure, sports, and cultural activities, established by non-profit corporations;

5. Vocational skills development training facilities established and operated by the State, local governments, or public organizations in accordance with subparagraph 3 of Article 2 of the National Lifelong Vocational Skills Development Act.

(9) "Facilities prescribed by Presidential Decree" in Article 12(1)12 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Feb. 29, 2008; Nov. 26, 2009; Dec. 7, 2010; Jun. 24, 2011; Mar. 23, 2013; Dec. 31, 2014; Sep. 22, 2016; Dec. 30, 2016; Jul. 26, 2017; Apr. 17, 2018; Aug. 23, 2022; Jun. 7, 2023; Jan. 27, 2026>

1. Business-affiliated research institutes recognized in accordance with Article 7(1) of the Act on Support for Research and Development of Business-Affiliated Research Institutes that have facilities recommended by the Minister of Science and ICT;

2. Facilities established by a specified research institute provided in Article 2 of the Specific Research Institutes Support Act for educational or research purposes;

3. Facilities related to space technology development among research and development projects deliberated by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act;

4. School facilities according to the Early Childhood Education Act, the Elementary and Secondary Education Act, and the Higher Education Act;

5. National or public childcare centers under subparagraph 1 of Article 10 of the Child Care Act;

6. Space center facilities for launching artificial space objects, etc. installed in accordance with the master plan for promoting space development under Article 5(1) of the Space Development Promotion Act;

7. National libraries under Article 4(1)1 of the Libraries Act or public libraries under subparagraph 2 of that paragraph.

(10) In Article 12(1)13 of the Act, "facilities necessary for local community development and industrial development as prescribed by Presidential Decree" means the facilities established with dispositions such as permission, authorization under which permission for the conversion or temporary use of mountainous districts, or notification of the conversion or temporary use of mountainous districts are deemed granted or filed, through consultation between the heads of the relevant administrative agencies and the Administrator of the Korea Forest Service, etc., in accordance with other statutes; provided, the following facilities shall be excluded: <Amended on Aug. 5, 2005; Jul. 27, 2007; Nov. 30, 2007; Jul. 24, 2008; Apr. 20, 2009; Nov. 26, 2009; Dec. 7, 2010; Aug. 22, 2012; Dec. 17, 2013; Aug. 11, 2016; Jan. 16, 2018; Mar. 11, 2025>

1. Facilities that emit specific air pollutants as defined in subparagraph 9 of Article 2 of the Clean Air Conservation Act;

2. Facilities installed in business establishments classified as Class 1 through Class 4 in Appendix 1-3 of the Enforcement Decree of the Clean Air Conservation Act among the air pollutant emission facilities defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act; provided, air pollutant emission facilities installed in industrial complexes as defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act (limited to cases where air pollution prevention facilities as defined in Article 26 of the Clean Air Conservation Act and facilities for preventing damage to surrounding forests are installed) shall be excluded;

3. Facilities that discharge specific water quality pollutants defined in subparagraph 8 of Article 2 of the Water Environment Conservation Act; provided, this shall not apply to cases where wastewater non-discharge facilities are permitted for installation and operated under Article 34 of that Act;

4. Facilities installed in business establishments classified as Class 1 through Class 4 as specified in Appendix 13 of the Enforcement Decree of the Water Environment Conservation Act among the wastewater discharge facilities defined in subparagraph 10 of Article 2; provided, wastewater discharge facilities installed in industrial complexes under subparagraph 8 of Article 2 the Industrial Sites and Development Act (limited to cases where water quality pollution prevention facilities and facilities for preventing damage to surrounding forests under Article 35 of the Water Environment Conservation Act are installed) shall be excluded;

5. Facilities that discharge designated waste as defined in subparagraph 4 of Article 2 of the Wastes Control Act; provided, this shall not apply where the waste treatment facilities for designated waste treatment are installed at the relevant business establishment or designated waste treatment is entrusted;

6. Facilities installed under any of the following dispositions; provided, facilities installed under any of the following dispositions as they are included in the details of consultations on the deemed permission for the conversion or temporary use of mountainous districts, or deemed notification of the conversion or temporary use of mountainous districts, for the designation of a district unit planning zone under Article 51 of the National Land Planning and Utilization Act shall be excluded herefrom:

a. Approval of a business plan in accordance with Article 15 of the Housing Act;

b. Building permission under Article 11 of the Building Act and notification of building construction under Article 14 of that Act;

c. Permission for development activities under Article 56 of the National Land Planning and Utilization Act.

(11) "A period prescribed by Presidential Decree" in Article 12(1)14 of the Act means a period of less than 1 year; provided, in cases where the period for conversion or temporary use of the mountainous district for carrying out an intended project exceeds 1 year, the period for conversion or temporary use of the mountainous district means that period for conversion or temporary use of the mountainous district. <Added on Dec. 7, 2010>

(12) In Article 12(1)15 of the Act, "ramps which do not exceed a size prescribed by Presidential Decree" means access roads with an effective width of 4 meters or less, excluding cut and filled slopes, and a length of 50 meters or less. <Added on Dec. 7, 2010; Jul. 2, 2019; and Nov. 24, 2020>

(13) "Acts prescribed by Presidential Decree" in Article 12(1)16 of the Act means any of the following acts: <Amended on Aug. 5, 2005; Aug. 4, 2006; Jul. 27, 2007; Jul. 24, 2008; Apr. 20, 2009; Nov. 26, 2009; Dec. 14, 2009; Dec. 7, 2010; Sep. 24, 2014; Dec. 31, 2014; Jun. 1, 2015; Nov. 11, 2015; Dec. 30, 2016; 30., Jun. 2, 2017; Oct. 30, 2018; Jan. 5, 2021; Feb. 9, 2021; Jun. 7, 2023; Jul. 8, 2025>

1. The acts of installing farm roads under Article 4(2)3 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, or pumping stations, drainage stations, water channels, and drainage channels under subparagraph 6 of Article 2 of the Agricultural and Fishing Villages Improvement Act;

2. The acts of installing a jegak (meaning a house-shaped structure built for ritual purposes; hereinafter the same) with a site area of less than 100 square meters;

3. The acts of constructing a private road according to Article 2 of the Private Road Act;

4. The acts of installing ecological corridors and facilities for the protection and breeding of birds as prescribed in subparagraph 9 of Article 2 of the Natural Environment Conservation Act;

5. The acts of cultivating, by farmers, foresters, and fishers, or by the Korea Forestry Promotion Institute as prescribed in Article 29-2 of Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute"), those items designated as eligible for support as an income source from forest products under Article 8(1) of the Enforcement Decree of that Act (limited to cases where such cultivation involves alteration of land characteristics from the ground surface by filling or cutting to a height or depth of 50 centimeters or more; hereafter in this paragraph, the same shall apply); provided, in the cases of cultivation by farmers, foresters, and fishers, it shall be limited to cultivation on the mountainous district of less than 50,000 square meters;

6. In cases where a farmer, forester, or fisher grazes livestock in accordance with subparagraph 1 of Article 2 of the Livestock Industry Act on a mountainous district of less than 50,000 square meters, any act that satisfies the following requirements:

a. In the case of afforested land, the mountainous district shall have elapsed 15 years since afforestation;

b. Fences shall be installed on the boundary of a target area;

c. Protective facilities shall be installed so as not to impede the growth of standing trees and bamboo (limited to cases where horses, sheep, goats (including dairy goats raised for milk production), deer, mules, donkeys, or rabbits are grazed);

6-2. The act of sowing pasture seeds in the livestock pasture while grazing livestock in accordance with Article 6;

7. Deleted; <Jun. 7, 2023>

8. The act of installing a marker of survey control point under Article 8 of the Act on the Establishment and Management of Spatial Data and a national marine reference point marker under Article 9 of the Act on Marine Research and the Use of Marine Information;

9. The act of temporarily placing on mountainous districts, for a period not exceeding 1 year, articles other than wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act, which meet all of the following requirements:

a. It shall not involve felling or digging of standing trees;

b. There shall be no concern about pollution of the surrounding environment or damage to the mountain landscape due to the storage of the relevant items;

10. Drilling for the purpose of evaluating the economic feasibility of quarrying under Article 26 of the Act;

11. The act of installing outdoor filming facilities by a film producer, broadcaster, or independent broadcast video production company in accordance with the Promotion of the Motion Pictures and Video Products Act, the Broadcasting Act, or the Framework Act on the Promotion of Cultural Industries for the purpose of producing a film or broadcast program;

12. The act of installing simple facilities for agriculture, forestry, or fisheries on a site area of less than 200 square meters (including facilities for the development of agricultural water resources), and simple processing facilities for agricultural, forestry, or fishery products.

(14) In cases where the Administrator of the Korea Forest Service deems that the restrictions on the site area prescribed in subparagraphs 2 and 5 of paragraph (1), and paragraphs (3), (5), and (7) are unreasonable in light of regional circumstances, the Administrator may, following deliberation by the Central Mountainous District Management Committee, apply a relaxed restriction on the site area within a limit of 200 percent. <Amended on Nov. 26, 2009; Dec. 7, 2010>

Article 13(Restrictions on activities within mountainous districts for public interest) #

(1) "Facilities prescribed by Presidential Decree" in Article 12(2)3 of the Act means the facilities under Article 12(9)3 and 5. <Amended on Dec. 31, 2014>

(2) "Below a scale prescribed by Presidential Decree" in the provisions, with the exception of the items, of Article 12(2)4 of the Act means below the scale classified as follows: <Amended on Jul. 27, 2007; Nov. 26, 2009; Sep. 25, 2015; Jun. 2, 2017>

1. In case of expansion of housing or religious facilities for farmers, fishers, or foresters: Less than 130/100 of the total floor area of the previous housing or facility;

2. In case of remodeling a house or religious facility for farmers, fishers, or foresters: Less than 100/100 of the total floor area of the previous house or facility;

3. New construction or installation of a temple, enshrinement facility, hospital, social welfare facility, or youth training facility in the mountainous district of a house or temple forest of farmers, foresters, or fishers: Below the scale classified as follows:

a. A house and its ancillary facilities newly constructed by a farmer, forester, or fisher for actual residence while directly engaged in agricultural and fishery operations on his or her own mountainous district in accordance with the proviso of Article 12(2)4a of the Act: The site area of less than 660 square meters. In such cases, Article 12(4) shall apply mutatis mutandis to the method of calculating the area of a site;

b. Temples, memorial facilities, hospitals, social welfare facilities, youth training facilities and their ancillary facilities newly built or installed in accordance with Article 12(2)4c of the Act: Site area less than 15,000 square meters.

(3) "Facilities necessary for official or public projects prescribed by Presidential Decree" in Article 12(2)5 of the Act means any of the following facilities: <Amended on Aug. 5, 2005; Jul. 27, 2007; Sep. 6, 2007; Feb. 29, 2008; Jul. 24, 2008; Dec. 7, 2010; Mar. 23, 2013; Jan. 6, 2017>

1. Facilities established by the State, local governments, public corporations, and quasi-governmental organizations (hereinafter referred to as "public corporations and quasi-governmental organizations") under Article 5 of the Act on the Management of Public Institutions, local government-invested public corporations under Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporations"), and local government public corporations under Article 76 of that Act (hereinafter referred to as "local government public corporations ") in line with projects implemented under relevant statutes and regulations, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

2. Waste treatment facilities installed by the State or local governments among the waste treatment facilities under subparagraph 8 of Article 2 of the Wastes Control Act;

3. Deleted; <Jul. 27, 2007>

4. Facilities for preventing mine damage under subparagraph 5 of Article 2 of the Mining Damage Prevention and Restoration Act.

(4) "Period prescribed by Presidential Decree" in Article 12(2)6 of the Act means a period of less than 1 year; provided, if the period of conversion or temporary use of a mountainous district for the performance of a target project exceeds 1 year, it means the period of conversion or temporary use of the mountainous district. <Added on Dec. 7, 2010>

(5) In Article 12(2)7 of the Act, "ramps which do not exceed a size prescribed by Presidential Decree" means an access road with an effective width of 4 meters or less, excluding cut and filled slopes, and a length of 50 meters or less. <Added on Dec. 7, 2010; Jul. 2, 2019; Nov. 24, 2020>

(6) "Activities prescribed by Presidential Decree" in Article 12(2)8 of the Act means any of the following acts: <Amended on Aug. 5, 2005; Dec. 7, 2010; Jun. 2, 2017>

1. The activities specified in subparagraphs 1 through 5, 8 and 10 of Article 12(13);

3. Forest bathing areas, healing forests, forest camping sites, forest sports facilities, forest management experience forests and their ancillary facilities according to subparagraphs 3, 5, 8, 9 and 10 of Article 2 of the Forestry Culture and Recreation Act;

3. Deleted. <Jul. 8, 2025>

(7) "Mountainous district prescribed by Presidential Decree" in Article 12(3)2 of the Act means a mountainous district that falls under any of the following subparagraphs: <Amended on Aug. 22, 2012; Dec. 31, 2014; Dec. 29, 2017>

1. Mountainous districts designated as natural environment conservation areas under Article 36(1)4 of the National Land Planning and Utilization Act;

2. Mountainous districts designated as disaster-prevention district under Article 37(1)5 of the National Land Planning and Utilization Act;

3. Mountainous districts designated as urban natural park areas under Article 38-2(1) of the National Land Planning and Utilization Act;

4. Mountainous districts designated as the fishery resource protection zones under Article 40 of the National Land Planning and Utilization Act;

5. Mountainous districts designated as natural scenic districts, historic and cultural environment protection districts, and ecosystem protection districts under Article 31(2)1a and subparagraph 5a and c of that paragraph of the Enforcement Decree of the National Land Planning and Utilization Act.

Article 15(Procedures and examination of permission for conversion of mountainous districts) #

(1) A person who intends to obtain permission for conversion of a mountainous district, permission for modifications thereof, or file a notification of modifications under Article 14(1) of the Act shall, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, demarcate the boundaries of the area subject to permission for conversion of mountainous districts or permission for modifications thereof, or notification of modifications, and shall submit an application form, attached with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the competent authorities according to following classifications: <Amended on Aug. 22, 2012; Mar. 23, 2013; Nov. 11, 2015; Dec. 30, 2016; Jun. 2, 2017>

1. In cases of seeking permission for conversion of mountainous districts under Article 14(1) of the Act:

a. Where the area of the mountainous district subject to permission for forest conversion under Article 14(1) of the Act is 2 million square meters or more (1 million square meters or more in the case of conservation mountainous districts): The Administrator of the Korea Forest Service;

b. Where the area of mountainous districts seeking permission for conversion of mountainous districts under Article 14(1) of the Act is 500,000 square meters or more but less than 2 million square meters (in the case of conservation mountainous districts, 30,000 square meters or more but less than 1 million square meters):

1) In cases of mountainous districts in the State forest under the jurisdiction of the Administrator of the Korea Forest Service: The Administrator of the Korea Forest Service;

2) In cases of mountainous districts in the State forest, public forest, or private forest not under the jurisdiction of the Administrator of the Korea Forest Service: City/Do Governor;

c. Where the area of the mountainous district for which permission for conversion is sought under Article 14(1) of the Act is less than 500,000 square meters (less than 30,000 square meters in the case of conservation forest):

1) In cases of mountainous districts in the State forest under the jurisdiction of the Administrator of the Korea Forest Service: The Administrator of the Korea Forest Service;

2) In cases of mountainous districts in the State forest, public forest, or private forest not under the jurisdiction of the Administrator of the Korea Forest Service: The head of a Si/Gun/Gu;

2. Where a person seeks permission for modifications or intends to file a notification of modifications regarding permission for conversion of mountainous districts under Article 14(1) of the Act: The Administrator of the Korea Forest Service or any other person who granted the relevant permission for conversion of mountainous district under Article 14(1) of the Act;

3. Deleted. <Jun. 2, 2017>

(2) Upon receiving an application for permission for conversion of mountainous districts or permission for modifications thereof, or upon receiving a notification of modifications under paragraph (1), the Administrator of the Korea Forest Service or other competent authorities shall conduct an on-site inspection, including verification of boundary demarcation, of the mountainous district subject to such permission, permission for modifications, or notification of modifications, and shall examine whether the details of application are in compliance with the criteria for permission stipulated in Article 18 of the Act; provided, where a feasibility study on the conversion of mountainous districts has been conducted under Article 18-2 of the Act, the examination may be conducted without an on-site inspection. <Amended on Jul. 27, 2007; Dec. 7, 2010; Aug. 22, 2012; Dec. 30, 2016>

(3) Where, as a result of the examination under paragraph (2), the Administrator of the Korea Forest Service, etc. deems it appropriate to grant permission for conversion of a mountainous district or permission for modifications thereof, or accept a notification of modifications, they shall issue a permit for the conversion of a mountainous district as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the applicant, or accept the notification; provided, if the applicant is required to prepay the substitute forest resource development charges under Article 19(1) of the Act or to make restoration deposit in advance under the main clause of Article 38(1) of the Act, the permit for conversion of mountainous district shall be issued or the notification be accepted only after confirming such payment or deposit. <Amended on Aug. 5, 2005; Jul. 27, 2007; Feb. 29, 2008; Aug. 22, 2012; Mar. 23, 2013; Dec. 30, 2016>

Article 17(Notification of conversion of mountainous districts) #

(1) A person who intends to file a notification for the conversion of mountainous districts or a notification of modifications under Article 15(1) of the Act shall submit a notification form for the conversion of mountainous districts, along with the documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Administrator of the Korea Forest Service, or the head of a Si/Gun/Gu. In such cases, a person filing the notification shall mark the boundaries of the relevant area as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jul. 27, 2007; Feb. 29, 2008; Dec. 7, 2010; Mar. 23, 2013>

(2) In Article 15(1)1 of the Act, "Forest public facilities and their ancillary facilities as prescribed by Presidential Decree" means the following facilities: <Added on Aug. 22, 2012; Nov. 11, 2015; Dec. 30, 2016; Oct. 30, 2018; Jun. 7, 2023>

1. Facilities for forest management, mountain village development, and forestry testing and research, and their ancillary facilities;

2. Arboretums, forest ecological gardens, natural recreation forests and their ancillary facilities;

4. Forest experience centers for children, forest education centers and their ancillary facilities under Articles 12 and 13 of the Forest Education Promotion Act;

5. Forestry welfare facilities and their ancillary facilities within a forestry welfare complex established with approval of the implementation plan under Article 35 of the Forest Welfare Promotion Act.

(3) In Article 15(1)3 of the Act, "facilities prescribed by Presidential Decree, such as warehouses, collection centers, and processing facilities for agricultural, forestry, and fishery products" means any of the following facilities: <Added on Jul. 27, 2007; Dec. 7, 2010; Aug. 22, 2012; Dec. 30, 2016>

1. Warehouses, collection centers, and processing facilities for agricultural, livestock, and fishery products;

2. Agricultural machinery repair facilities and agricultural machinery warehouses;

3. Insect rearing facilities and management facilities, including those for silkworms.

Article 18-4(Period for temporary use of mountainous districts) #

(1) The period for temporary use of mountainous districts under Article 15-2(5) of the Act shall be as specified in the following subparagraphs; provided, where a person who intends to obtain a temporary use permit for mountainous district or to file a temporary use notification of mountainous district is not the owner of the mountainous district, the period of use shall not exceed the period during which the person is entitled to use or benefit from the mountainous district: <Amended on Aug. 22, 2012; Mar. 23, 2013; Jun. 2, 2020>

1. In the case of permission for temporary use of mountainous districts: The period permitted by the Administrator of the Korea Forest Service, etc. by up to 10 years, taking into account the area of mountainous districts for temporary use and the principal project for temporary use, in accordance with the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

1. In the case of permission for temporary use of mountainous districts: The period permitted by the Administrator of the Korea Forest Service, etc. by up to 10 years, taking into account the area of mountainous districts for temporary use and the intended project for temporary use, in accordance with the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

(2) Article 19 shall apply mutatis mutandis to the extension of the period for temporary use of mountainous districts under paragraph (1).

(3) Notwithstanding the main clause of Article 19(2) which applies mutatis mutandis under paragraph (2), permission for the extension of the period for temporary use of mountainous districts may be granted in excess of the initial period for temporary use of mountainous districts in any of the following cases: <Amended on Mar. 28, 2023>

1. In case of extending the period for temporary use of a mountainous district for mining of minerals in accordance with the Mining Industry Act, where all of the following requirements are satisfied:

a. It shall be deemed reasonable to extend the period for temporary use of mountainous districts for mining minerals under the Mining Industry Act;

b. The initial period of temporary use of mountainous districts, any previously extended period of temporary use of mountainous districts, and the period of extension being sought shall be aggregated and shall not exceed the duration of the mining right as provided in Article 12 of the Mining Industry Act;

2. Where it is intended to extend the period for temporary use of a mountainous district for wind power generation facilities, which meets all of the following requirements:

a. The validity of extension of the temporary use period of mountainous districts shall be reviewed by the Central Mountainous District Management Committee or the Local Mountainous District Management Committee according to the following categories:

1) In the case of mountainous districts in State forest under the jurisdiction of the Administrator of the Korea Forest Service: Central Mountainous District Management Committee;

2) In case of mountainous districts of State forest, public forest, or private forest not under the jurisdiction of the Administrator of the Korea Forest Service: Regional Mountainous District Management Committee;

b. The total of the initial period for temporary use of mountainous districts, the extended period for temporary use of mountainous districts temporarily granted, and the period to be extended shall not exceed 30 years.

(4) Notwithstanding the main clause of Article 19(2) which is applied mutatis mutandis under paragraph (2), where a person who intends to obtain permission for extension under paragraph (3) intends to extend the period for temporary use of a mountainous district for the purpose of installation of ancillary facilities under Article 15-2(4)3 of the Act until the date such period is extended under paragraph (3), he or she may file a notification of modifications beyond the initial temporary use period of the mountainous district. <Added on Dec. 31, 2014; Jun. 21, 2016; Jun. 2, 2020>

[This Article Added on Dec. 7, 2010]

Article 19(Permission for extension of period for conversion of mountainous districts) #

(1) A person who intends to obtain permission to extend a mountainous district conversion period or file a notification for the modification of a mountainous district conversion period under Article 17(2) of the Act shall submit an application form for permission to extend the mountainous district conversion period or a notification form for the modification of mountainous district conversion period, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Administrator of the Korea Forest Service, etc. no later than 10 days before the expiration of the mountainous district conversion period; provided, if the person fails to apply for the extension permit or fails to file the modification notification by 10 days before the expiration of the mountainous district conversion period, the person shall submit an application form for the permission of extension of the mountainous district conversion period or a notification form for the modification of mountainous district conversion, stating the grounds for the delay; yet, after the expiration of the mountainous district conversion period, the conversion of mountainous district shall not be allowed, until the permission is granted for the extension of a mountainous district conversion period, or the notification of modification thereof is accepted. <Amended on Aug. 5, 2005; Feb. 29, 2008; Dec. 7, 2010; Aug. 22, 2012; Mar. 23, 2013>

(2) Where the Administrator of the Korea Forest Service, etc. receives a written application for permission for the extension of period for conversion of mountainous districts or a written notification of modifications of conversion of mountainous districts under paragraph (1), and deems it appropriate to extend or modify the conversion, he or she shall grant permission for the extension or accept the notification of modifications, within the range that the total of the existing extended period and the newly requested extension period does not exceed the initial period for conversion of mountainous districts; provided, in any of the following cases, the period for conversion of mountainous districts may be extended beyond the initial conversion period: <Amended on Aug. 5, 2005; Jul. 27, 2007; Apr. 20, 2009; Dec. 7, 2010; Aug. 22, 2012; Sep. 24, 2014>

1. Deleted; <Dec. 7, 2010>

2. Deleted; <Dec. 7, 2010>

3. In cases of administrative dispositions under which permission or notification for conversion of mountainous districts are deemed granted or filed under other statutes, and the relevant statutes separately prescribe the extension of the period for such dispositions;

4. If the project cannot be completed within the extension period due to any of the following reasons:

a. Natural disaster;

b. In cases where the Administrator of the Korea Forest Service, etc. determines that there is temporary management deterioration, lack of funds, or other unavoidable reasons.

(3) Where permission is granted for the extension of period for conversion of mountainous districts under paragraph (2), the permit certificate of conversion of mountainous districts in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, shall be issued to the applicant; provided, where the applicant or reporter is required to make a restoration deposit in advance under Article 38 of the Act, the extension shall be permitted or the notification of modifications shall be accepted after confirming such deposit. <Added on Aug. 5, 2005; Feb. 29, 2008; Mar. 23, 2013>

Article 20(Standards for permission for conversion of mountainous district) #

(1) "Ratio prescribed by Presidential Decree" in Article 18(2)1 of the Act means 10/100. <Added on Dec. 7, 2010>

(2) In Article 18(2)2 of the Act, "collective mountainous districts for forestry use prescribed by Presidential Decree" means mountainous districts for forestry use with an area of 30,000 square meters or more in 1 parcel or 2 or more adjacent parcels. <Added on Dec. 7, 2010>

(3) In granting permission for mountainous district conversion, the Administrator of the Korea Forest Service, etc. may attach the following conditions in accordance with Article 18(3) of the Act: <Amended on Aug. 5, 2005; Dec. 7, 2010; Aug. 22, 2012; Oct. 30, 2018; Mar. 11, 2025>

1. Where the area of the mountainous districts to be converted is 100,000 square meters or more, the alteration of land characteristics shall be in phases, or interim restoration shall be conducted for the parts where the alteration has been completed;

2. A shielding forest shall be created to maintain the landscape of mountainous districts;

3. Soil and sand generated during project implementation shall be removed outside the project implementation area;

4. Projects shall be implemented for the development of forest resources, such as afforestation and forest tending, in the areas that are conserved as forests;

5. Disaster prevention facilities, such as soil runoff prevention facilities, rockfall prevention facilities, retaining walls, dams, sedimentation basins, and drainage facilities (hereinafter referred to as "disaster prevention facilities"), shall be installed;

6. Other conditions determined and publicly notified by the Administrator of the Korea Forest Service, etc. for the purpose of maintaining forest functions, conservation of mountain landscapes, etc.

(4) In Article 18(4) of the Act, "mountainous districts exceeding the area prescribed by Presidential Decree" means a mountainous district exceeding 500,000 square meters. <Amended on Dec. 7, 2010>

(5) In Article 18(4) of the Act, "where conservation mountainous districts are included in excess of an area prescribed by Presidential Decree" means the cases where conservation mountainous districts of 500,000 square meters or more are included. <Amended on Aug. 22, 2012>

(6) The scope of application of the permission criteria for conversion of mountainous districts under the main clause of Article 18(5) of the Act, and the detailed criteria by project type and scale shall be as specified in Appendix 4, and the permission criteria regarding the area of mountainous districts shall be as specified in Appendix 4-2. <Amended on Dec. 7, 2010>

(7) Where it is deemed necessary for the use and conservation of mountainous districts due to regional conditions, pursuant to the proviso of Article 18(5) of the Act, the following permission criteria may be strengthened by Municipal Ordinance of the relevant local government, or relaxed within a range not exceeding 10 percent (20 percent in the case of a depopulation region as defined in subparagraph 12 of Article 2 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development): <Added on Dec. 7, 2010; Sep. 24, 2014; Jun. 2, 2020; Jan. 7, 2025; Jul. 8, 2025>

1. Standards for permission under subparagraph 1e6) of Appendix 4, subparagraph 2a and c1) and 3) of that Appendix;

2. Standards for permission regarding the area of a mountainous district specified in Appendix 4-2.

Article 20-2(Targets of feasibility study on conversion of mountainous district) #

(1) In the main clause of Article 18-2(1) of the Act, the "scale prescribed by Presidential Decree" means the scale according to the following categories. In such cases, in cases of requesting a consultation on modifications or seeking permission for modifications, only the area of mountainous districts subject to modifications shall be used as the standards: <Amended on Oct. 30, 2018>

1. In cases of consultations or consultations on modifications under Article 8(1) of the Act: 300,000 square meters;

2. In cases of permission for conversion of a mountainous district or permission for modifications thereof, or permission for temporary use of mountainous districts or permission for modifications under Article 14(1) or Article 15-2(1) of the Act (including cases where permission for conversion of mountainous districts or permission for modifications, or permission for temporary use of mountainous districts or permission for modifications are deemed granted under other statutes): Scale according to the following categories:

a. In cases of installing wind power generation facilities or tramway facilities: 660 square meters;

b. In other cases: 300,000 square meters.

(2) In the main clause of Article 18-2(1) of the Act, "a specialized mountainous district institution prescribed by Presidential Decree" means the KFCA and the Korea Forest Disaster Safety Technology Corporation. <Amended on Aug. 8 22, 2012; Dec. 30, 2016; Dec. 16, 2021; Jan. 30, 2026>

(3) In the proviso of Article 18-2(1) of the Act, "cases prescribed by Presidential Decree" means the following cases: <Amended on Dec. 31, 2014; Jun. 2, 2017>

1. In cases of installing agricultural, forestry, and fishery facilities and disaster prevention and recovery facilities; provided, reclamation under the Agricultural and Fishing Villages Improvement Act and grassland development under the Grassland Act shall be excluded;

2. In cases of requesting a consultation or consultation on modifications under Article 8(1) of the Act while the area of mountainous districts for conversion or temporary use has not been determined;

3. Where a person who requests a consultation or consultation on modifications under Article 8(1) of the Act has undergone a feasibility study on the conversion of mountainous districts, and seeks to obtain permission for conversion of mountainous districts, permission for modifications thereof, or permission for temporary use of mountainous districts, or permission for modifications thereof, under Article 14 or 15-2 of the Act (including administrative dispositions by which permission for conversion of mountainous districts or permission for modifications thereof, or permission for temporary use of mountainous districts or permission for modifications thereof is deemed granted under other statues).

[This Article Added on Dec. 7, 2010]

[Previous Article 20-2 moved to Article 20-5 <Dec. 7, 2010>]

Article 20-3(Procedures and standards for feasibility study on conversion of mountainous districts) #

(1) A person who intends to undergo a feasibility study on the conversion of mountainous districts under Article 18-2(1) of the Act shall submit an application form for a feasibility study on the conversion of mountainous districts to the KFCA or the Korea Forest Disaster Safety Technology Corporation by attaching documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 30, 2016; Dec. 16, 2021; Jan. 30, 2026>

(2) Upon receiving an application under paragraph (1), the KFCA or Korea Forest Disaster Safety Technology Corporation shall conduct a feasibility study on the conversion of mountainous districts in accordance with the standards set forth in Appendix 4-3, after confirming that the fees notified under paragraph (5) has been paid. In such case, the survey and analysis of mountainous district and elevation, etc. shall be conducted in accordance with the following standards: <Amended on Mar. 23, 2013; Dec. 30, 2016; Jun. 2, 2017; Oct. 30, 2018; Nov. 27, 2018; Jul. 2, 2019; Dec. 16, 2021; Jan. 30, 2026>

1. Forestry survey and analysis of factors such as standing timber volume and the age of forest shall be conducted by a forest management technician of senior or higher level as prescribed in Appendix 3 of the Enforcement Decree of the Act on Promotion and Management of Forestry Technology;

2. Investigation and analysis of elevation and average slope, etc.: To be conducted by a forest engineering technician according to Appendix 3 of the Enforcement Decree of the Forestry Technology Promotion and Management Act or a person holding national technical qualifications in the fields of forestry, civil engineering, and surveying as prescribed by the Ministry of Agriculture, Food and Rural Affairs;

3. Other investigations and analysis of mountain landscape maintenance and disaster prevention: To be conducted by experts in the fields of forestry, environment, and mountain areas as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(3) In cases where it is necessary for the investigation and analysis under paragraph (2)1, KFCA or Korea Forest Disaster Safety Technology Corporation may request data on forest fire occurrence, thinning, or logging history from the head of the relevant administrative agency. In such cases, the head of the relevant administrative agency who received the request shall provide the relevant data to the KFCA or the Korea Forest Disaster Safety Technology Corporation within 30 days from the date of the request, unless there is a special reason not to do so. <Added on Dec. 30, 2016; Dec. 16, 2021; Jan. 30, 2026>

(4) When the KFCA or the Korea Forest Disaster Safety Technology Corporation completes the feasibility study on the conversion of mountainous districts under paragraph (2), they may hold an explanation session on the study results to collect opinions from local residents and other stakeholders. <Added on Dec. 17, 2013; Dec. 30, 2016; Dec. 16, 2021; Jan. 30, 2026>

(5) Upon receipt of an application for the feasibility survey on the conversion of mountainous district under paragraph (1), the KFCA or Korea Forest Disaster Safety Technology Corporation shall calculate the service fees based on the standards determined and publicly notified by the Administrator of the Korea Forest Service, which reflect the actual cost-plus method prescribed in Article 31(2) of the Engineering Industry Promotion Act, the wage rates surveyed by relevant organizations, and others, and shall notify the applicant thereof. <Amended on Dec. 17, 2013; Nov. 11, 2015; Dec. 30, 2016; Jan. 5, 2021; Dec. 16, 2021; Jan. 30, 2026>

(6) The Administrator of Korea Forest Service shall determine and publicly notify matters necessary for the notification, payment, and refund of fees under paragraph (5). <Amended on Dec. 17, 2013; Dec. 30, 2016>

[This Article Added on Dec. 7, 2010]

Article 21(Substitute forest resource development charges) #

(1) The Administrator of the Korea Forest Service, etc. may, pursuant to Article 19 (2) 1 of the Act, grant permission for the conversion or temporary use of a mountainous district on the condition that substitute forest resource development charges are paid by the deadline specified in each of the following subparagraphs, starting from the date on which permission for such conversion or temporary use is granted (in cases where permission for such conversion or temporary use is deemed to have been granted or excluded pursuant to other Acts, the date on which the relevant administrative disposition is made): <Amended on Dec. 7, 2010; Aug. 22, 2012; Mar. 11, 2025>

1. When the amount to be paid is less than 10 million won: 20 to 30 days;

2. When the amount to be paid is 10 million won or more but less than 50 million won: 30 days or more but less than 60 days;

3. When the amount to be paid is 50 million won or more: 60 days or more but less than 90 days.

(2) In cases where the Administrator of the Korea Forest Service, etc. recognize that it is difficult to pay the substitute forest resource development charges in a lump sum in any of the following cases set forth in Article 19(2)2 of the Act, they may require the deposit of a performance guarantee and allow payment in installments over a period not exceeding 4 years, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Aug. 5, 2005; Feb. 29, 2008; Jul. 24, 2008; Apr. 20, 2009; Dec. 7, 2010; Nov. 16, 2011; Aug. 22, 2012; Mar. 23, 2013; Sep. 24, 2014; Oct. 30, 2018; Jun. 7, 2023>

1. Where the State, a local government, a public corporation, a quasi-governmental institution, a local government-invested public corporation, or a local public agency intends to obtain permission for the conversion of mountainous districts under Article 14 of the Act, permission for temporary use of mountainous districts under Article 15-2 of the Act, or administrative dispositions under Article 19(1)3 of the Act (hereafter referred to as "permission, etc. for conversion of a mountainous district" in this paragraph) as a site for facilities of an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act;

2. In cases where the executor under Article 11(1) of the Urban Development Act seeks to obtain permission for the conversion of mountainous districts, etc. as a site for an urban development project under Article 2(1)2 of that Act;

3. In cases where a business entity under Article 55 of the Tourism Promotion Act seeks to obtain permission for conversion of a mountainous district for use as a tourist site under subparagraph 6 of Article 2 of that Act or as a facility site for a tourist complex under subparagraph 7 of that Article;

4. In cases where an executor under Article 7 of the Housing Site Development Promotion Act seeks to obtain permission for the conversion of a mountainous district into a residential site under subparagraph 1 of Article 2 of that Act;

5. In cases where a person who intends to operate a small and medium-sized enterprise under Article 2(2) of the Framework Act on Small and Medium Enterprises wishes to obtain permission for the conversion of mountainous districts as a factory site for a small and medium-sized enterprise;

6. In cases where the total payment amount of substitute forest resource development charges calculated in accordance with Article 19(8) of the Act is KRW 100 million or more.

Article 23(Reduction or exemption of substitute forest resource development charges) #

(1) The target and ratio of reduction or exemption of substitute forest resource development charges according to Article 19(5) of the Act are as per Appendix 5. <Amended on Oct. 30, 2018>

(2) In the provisions, with the exception of the subparagraphs, of Article 19(5) of the Act, "a period for reduction or exemption" means the period for review of the appropriateness of the target and rate of reduction or exemption of substitute forest resource development charges, and the period shall be 5 years. <Added on Oct. 30, 2018>

(3) In order to review the appropriateness of the target and rate of reduction and exemption of substitute forest resource development charges every 5 years in accordance with paragraph (2), the Administrator of the Korea Forest Service shall formulate a plan to adjust the target and rate of reduction or exemption of substitute forest resource development charges (hereinafter referred to as the "reduction or exemption plan") after deliberation by the Central Mountainous District Management Committee in accordance with Article 19(6) of the Act. <Added on Oct. 30, 2018>

(4) The Administrator of the Korea Forest Service shall formulate a reduction or exemption plan and notify the heads of relevant central administrative agencies thereof no later than 1 year prior to the fifth anniversary from the date of formulation of the previous reduction or exemption plan. In such cases, the head of the relevant central administrative agency notified of the reduction or exemption plan shall submit his or her opinion to the Administrator of the Korea Forest Service regarding the effects of the reduction or exemption of substitute forest resource development charges, necessity of maintaining the reduction or exemption target, etc. <Added on Oct. 30, 2018>

(5) The Administrator of the Korea Forest Service shall adjust the target and rate of reduction or exemption of substitute forest resource development charges in Appendix 5 according to the reduction or exemption plan formulated under paragraph (3). <Added on Oct. 30, 2018>

(6) In Article 19(5)2 of the Act, "important industrial facilities prescribed by Presidential Decree" means the facilities specified in subparagraph 2 of Appendix 5. <Amended on Dec. 7, 2010; Oct. 30, 2018>

(7) In Article 19(5)3 of the Act, "installation of facilities prescribed by Presidential Decree or use for purposes prescribed by Presidential Decree" means the installation of facilities or use for purposes set forth in subparagraph 3 of Appendix 5 (excluding item i). <Amended on Dec. 7, 2010; Oct. 30, 2018>

Article 24(Payment deadline and calculation standards for substitute forest resource development charges) #

(1) In cases where the amount of substitute forest resource development charges is determined under Article 19(8) and (10) of the Act, the Administrator of the Korea Forest Service, etc. shall, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, issue a payment notice to the person liable to pay the substitute forest resource development charges, specifying the amount, due date, place of payment, and other relevant details. <Amended on Aug. 22, 2012; Oct. 30, 2018; Mar. 11, 2025>

(2) In cases where the Administrator of the Korea Forest Service, etc. issues a payment notice in accordance with paragraph (1), he or she shall set a payment period of 20 to 90 days from the date of issuance of the payment notice and notify the person; provided, in cases where a person who is required to pay the substitute forest resource development charges applies for an extension of the period due to unavoidable reasons, the period may be extended only once within the scope of the initially notified payment period, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Aug. 22, 2012; Mar. 23, 2013>

(3) Substitute forest resource development charges shall be levied based on the following areas according to the type of permission for conversion or temporary use of mountainous districts, based on the area specified in the following subparagraphs: <Amended on Dec. 7, 2010>

1. In cases where a person intends to obtain permission for conversion of mountainous districts under Article 14 of the Act or permission for temporary use of mountainous districts under Article 15-2(1) of the Act: The area of the mountainous districts subject to permission for the conversion or temporary use of mountainous districts;

2. In cases where a person intends to obtain administrative dispositions by which permission for conversion or temporary use of mountainous districts is deemed granted or excluded under other statutes: The area of mountainous districts by which permission for conversion or temporary use of mountainous districts is deemed granted or excluded according to the relevant administrative dispositions.

(4) The amount of substitute forest resource development charges per unit area under Article 19 (8) of the Act shall be determined and publicly notified each year by Administrator of the Korea Forest Service, after deliberation by the Central Mountainous Districts Management Committee, taking into account the sum of the annual cost of planting Korean pine trees and forest tending costs for 10 years after planting, the assessed public values of forests, such as water source conservation, air purification, soil runoff prevention, and greenhouse gas absorption, and the individual public notice price of the relevant mountainous district, under the Act on the Public Announcement of Values and Appraisal of Real Estate. In such cases, under the latter part of Article 19 (8) of the Act, the amount may vary by mountainous district type or region, in accordance with the latter part of Article 19 (8) of the Act: <Amended on Aug. 5, 2005; Dec. 7, 2010; Aug. 22, 2012; Aug. 31, 2016; Oct. 30, 2018; Mar. 11, 2025>

1. For a restricted area for conversion or temporary use of mountainous districts, an amount obtained by adding 100% to the amount per unit area;

2. For a conservation mountainous district excluding the restricted areas for conversion or temporary use of mountainous districts, the amount shall be the amount per unit area plus 30/100;

3. For a semi-conservation area, an amount per unit area for the semi-conservation area.

(5) "payment service provider prescribed by Presidential Decree" in the former part of Article 19(11) of the Act means the following agencies: <Added on Oct. 17, 2017; Oct. 30, 2018>

1. The Korea Financial Telecommunications and Clearings Institute established with permission from the Financial Services Commission under Article 32 of the Civil Act;

2. An institution that performs payments using credit cards, debit cards, etc. (hereinafter referred to as "credit cards, etc.") through the information and communications networks, and that the Administrator of the Korea Forest Service designates and publicly notifies as a payment service provider, taking into consideration the facilities, business performance capabilities, capital size, etc.

(6) The payment service provider may collect fees for vicarious payment from persons liable for payment within the extent not exceeding 10/1000 of the amount of payment in consideration for services for vicarious payment by credit card, etc. In such cases, the payment service provider shall obtain approval from the Administrator of the Korea Forest Service for the payment agency fees. <Added on Oct. 17, 2017>

(7) In case of approval under the latter part of paragraph (6), the Administrator of the Korea Forest Service shall comprehensively consider the operating expenses and others of the payment service provider agency. <Added on Oct. 17, 2017>

[Title amended on Oct. 17, 2017]

Article 25-2(Refund of substitute forest resource development charges) #

(1) In cases where there is an amount to be refunded in accordance with Article 19-2 of the Act among the amounts paid as substitute forest resource development charges, the Administrator of the Korea Forest Service, etc. shall, without delay, determine the amount as a refund of substitute forest resource development charges, and notify a person who paid the substitute forest resource development charges, etc. thereof; provided, in cases where they issue an order to restore a mountainous district under Article 44(1)3 or 5 of the Act, notification shall be made after confirming whether the mountainous district has been restored. <Amended on Aug. 22, 2012; Nov. 24, 2020>

(2) Articles 17 and 18 of the Enforcement Decree of the Management of the National Funds Act shall apply to the refund procedures and notification of substitute forest resource development charges. <Amended on Oct. 30, 2018>

(3) Where the Administrator of the Korea Forest Service, etc. gives notice of a substitute forest resource development charges in creating forest replacement resources pursuant to paragraph (1), they shall determine and notify the additional amount of refund interest, which shall be calculated by multiplying the amount of the refund by the interest rate for national tax refunds as provided in Article 43-3(2) of the Enforcement Decree of the Framework Act on National Taxes, for the period from the day following the date specified in any of the following subparagraphs to the date on which the refund is determined, together with the refund amount:

1. In the case of subparagraphs 1 and 2 of Article 19-2 of the Act, the date on which the substitute forest resource development charges are paid;

2. In the case specified in Article 19-2(1)3 of the Act, any of the following dates:

a. In cases where a final disposition has been made to deny an administrative disposition necessary for the implementation of the intended project to use the mountainous district for any other purposes, the date on which the substitute forest resource development charges are paid;

b. In cases where a final disposition has been made to revoke the administrative disposition necessary for the implementation of the intended project to use the mountainous district for any other purposes, the date on which the permission for the conversion of the mountainous district or the permission for temporary use of the mountainous district is deemed to have been revoked under Article 16(2) of the Act;

3. In the case of Article 19-2(1)4 of the Act, the date on which the period for the conversion of a mountainous district expires;

4. In the case of Article 19-2(1)5 of the Act, the date on which the permission for the conversion or temporary use of a mountainous district is revoked;

5. In the case of Article 19-2(1)6 of the Act, any of the following dates:

a. In cases where an administrative disposition is not granted under which permission for conversion or temporary use of a mountainous district is deemed granted or excluded, the date of payment of substitute forest resource development charges;

b. In cases where an administrative disposition by which permission for conversion or temporary use of a mountainous district is deemed granted or excluded is revoked, the date the relevant administrative disposition is revoked;

6. In the case of Article 19-2(1)7 of the Act, the date of receipt of permission for modifications or the date of receipt of notification of modifications;

7. In the case of Article 19-2(1)8 of the Act, the date of confirmation of the use of a mountainous district as a purpose eligible for a reduction or exemption of the substitute forest resource development charges;

8. In the case specified in each subparagraph of Article 19-2(2) of the Act, the date of payment of the substitute forest resource development charges.

(4) In determining the refund of substitute forest resource development charges and the additional refund interest under paragraphs (1) through (3), if the substitute forest resource development charges are paid in two or more installments, the refund shall be made from the substitute forest resource development charges that are paid most recently. <Amended on Nov. 24, 2020>

(5) In Article 19-2(1)7 of the Act, "reasons prescribed by Presidential Decree" means where the area of a mountainous district subject to the substitute reforestation charges has decreased due to a measurement error. <Amended on Dec. 7, 2010; Oct. 30, 2018>

(6) In Article 19-2(1)8 of the Act, "reasons prescribed by Presidential Decree" means the cases where the use for purposes eligible for reduction or exemption of substitute forest resource development charges under this Act or other statutes has been confirmed prior to conducting a restoration completion inspection under Article 42 of the Act (limited to cases where the use for relevant purpose has been confirmed during the period of permission for conversion or temporary use of mountainous districts under Article 14 or 15-2(1) of the Act). <Amended on Oct. 30, 2018>

(7) Where the Administrator of the Korea Forest Service, etc., offset in advance the costs necessary for the restoration of mountainous districts from the refund of substitute forest resource development charges and additional refund interests under paragraphs (1) and (3) (excluding subparagraph 8), in accordance with the proviso, with the exception of the subparagraphs, of Article 19-2(1), the offset amount shall be made as restoration deposit under Article 38(1) of the Act. <Amended on Aug. 22, 2012; Oct. 30, 2018>

(8) If a person who has received a refund after deducting the substitute forest resource development charges according to the proviso, with the exception of the subparagraphs, of Article 19-2(1) of the Act intends to convert the mountainous district including the same area again within 10 years, he or she shall pay the amount excluding the deducted substitute forest resource development charges as the substitute forest resource development charges. <Amended on Oct. 30, 2018; Nov. 24, 2020>

(9) Deleted. <Oct. 30, 2018>

[This Article Added on Jul. 27, 2007]

Article 26(Approval for change of use) #

(1) In Article 21(1)1 of the Act, "Where he or she intends to use the land ... for another purpose, within a period prescribed by Presidential Decree" means any of the following cases: <Amended on Aug. 5, 2005; Jul. 27, 2007; Oct. 29, 2008; Dec. 7, 2010; Nov. 11, 2015; Jun. 2, 2017>

1. In cases where a person who has obtained permission for the conversion or temporary use of a mountainous district, or who has filed a notification thereof, for the purpose of installing a facility, changes the purpose of use of the facility within 5 years from any of the following dates:

a. The date of obtaining approval for use under Article 22 of the Building Act;

b. Where approval, notification, or inspection for use of the relevant facility is required under applicable statutes and regulations, other than the case referred to in item a, the date on which such approval, notification, or inspection for use is obtained;

c. In cases where other applicable statutes or regulations do not stipulate administrative procedures necessary for using the relevant facilities, the date on which the person who has performed the installation works completes the installation of relevant facilities;

2. Where a person who has obtained permission for the conversion or temporary use of a mountainous district, or who has filed a notification thereof, for a purpose other than the installation of a facility, intends to change the purpose of use of the relevant mountainous district within 5 years from any of the following dates:

a. In cases where restoration is required in accordance with Article 39(1) and (2) of the Act, the date of inspection of completion of the restoration works in accordance with Article 42(1) of the Act;

b. In cases where the obligation to perform restoration is exempted under Article 39(3)2 of the Act, the date on which the obligation is exempted.

(2) In Article 21(1)2 of the Act, "within the period prescribed by Presidential Decree" means within 5 years from the date of receiving approval for use in accordance with Article 22 of the Building Act. <Added on Jul. 27, 2007; Apr. 20, 2009; Dec. 7, 2010>

(3) The amount of substitute forest resource development charges payable under Article 21(2) of the Act shall be calculated in accordance with the following formula: <Amended on Jul. 27, 2007>

┌───────────────────────────────────────┐

│ (Area of conversion of mountainous district × amount per unit area at the time of imposition × applicable reduction or exemption rate at the time of approval of modification) │

│ - Substitute forest resource development charges already paid │

└───────────────────────────────────────┘

(4) Articles 21, 23, and 24 shall apply mutatis mutandis to the decision to impose substitute forest resource development charges under paragraph (3), the payment notice, and the payment procedures, etc. <Amended on Jul. 27, 2007; Dec. 7, 2010; Oct. 30, 2018>

(5) In accordance with Article 21(3) of the Act, the Administrator of the Korea Forest Service, etc. shall approve a change of use only when it meets the following criteria: <Added on Jul. 27, 2007; Dec. 7, 2010; Aug. 22, 2012; Oct. 30, 2018; Jun. 2, 2020>

1. In cases of change in land use following a notification of the conversion of mountainous districts: The change shall conform to the scope of the facilities and activities subject to the notification of conversion of mountainous districts, as well as to the location and installation conditions specified in Article 15(2) of the Act;

2. In cases of change of land use following permission for the conversion of mountainous districts: It shall conform to the criteria for permission for conversion of mountainous districts under Article 18 of the Act;

3. In cases of change of land use following permission for and notification of temporary use of mountainous districts: The change shall conform to the scope of facilities and activities subject to permission for and notification of temporary use of mountainous districts, the location and installation conditions under Article 15-2(5) of the Act.

[Title Amended on Jul. 27, 2007]

Article 26-2(Special cases on the National Land Planning and Utilization Act) #

(1) "Period prescribed by Presidential Decree" under Article 21-2 of the Act means the period from the date specified in subparagraph 1 to the date specified in subparagraph 2; provided, where, before 5 years have passed from the date specified in subparagraph 1, an urban or Gun management plan regarding a change in the zoning of the relevant land has been determined in line with a revision of the urban or Gun management plan in accordance with Article 34(1) of the National Land Planning and Utilization Act , the period shall be from the date specified in subparagraph 1 to the date on which the topographic map of the urban or Gun management plan is publicly notified under Article 32(4) of that Act:

1. A day on which a building or other facilities on the land currently or formerly used in a project for the conversion or temporary use of a mountainous district falls under any of the items of Article 26(1)1;

2. The date on which the topographic map of an urban or Gun management plan determined in accordance with the first revision of an urban or Gun management plan under Article 34(1) of the National Land Planning and Utilization Act is publicly notified under Article 32(4) of that Act after 5 years have elapsed from the date specified in subparagraph 1.

(2) Where a preserved mountainous district under Article 76(5)3 of the National Land Planning and Utilization Act is reclassified to a land category other than forest land in accordance with permission for conversion of a mountainous district under Article 14 of the Act, or notification of conversion of a mountainous district under Article 15 (including administrative dispositions deemed to constitute permission for conversion of a mountainous district or notification of conversion of a mountainous district under other statutes), the restrictions on the use, type, and scale of buildings or other facilities on the land that is or has been used for the intended project for such conversion of a mountainous district during the period under paragraph (1), notwithstanding Article 76 of the National Land Planning and Utilization Act, shall be governed by the standards under Article 26(5)1 and 2; provided, the same shall not apply where the restrictions under Article 76 of the National Land Planning and Utilization Act are determined as more relaxed than the standards under Article 26(5)1 and 2.

[This Article Added on Jun. 2, 2017]

[Previous Article 26-2 moved to Article 26-3 <Jun. 2, 2017>]

Article 27(Matters for deliberation by the Central Mountainous District Management Committee) #

"Matters prescribed by Presidential Decree" in Article 22(1)3 of the Act means any of the following matters: <Amended on Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Dec. 7, 2010; Sep. 24, 2014; Oct. 30, 2018; Oct. 4, 2022; Mar. 28, 2023; Mar. 11, 2025>

1. Matters for which consultation has been requested to the Administrator of the Korea Forest Service in accordance with Article 8 of the Act and which have been submitted to the Central Mountainous District Management Committee in accordance with Article 7(5);

2. Deleted; <Sep. 24, 2014>

3. Matters related to permission for temporary use of a mountainous district under Article 15-2(1) of the Act that includes a conservation mountainous district with an area of 500,000 square meters or more;

4. Matters related to the validity of the target and rate of reduction or exemption of substitute forest resource development charges under Article 19(6) of the Act;

4-2. Matters related to the determination and public notification of the amount per unit area of substitute forest resource development charges under Article 19(8) of the Act;

5. Matters related to the designation of quarry complexes under Article 29 of the Act (applies only to cases designated by the Administrator of the Korea Forest Service);

5-2. Matters related to the standards for calculating restoration costs pursuant to Article 38(5) of the Act;

6. Matters related to the relaxation of the standards for approval of a design plan for restoration under Article 40(4) of the Act;

7. Matters related to the relaxation of restrictions on the area of sites in mountainous districts for forestry use under Article 12(14);

7-2. Matters related to the validity of the extension of the temporary use period of mountainous districts under Article 18-4(3)2a;

8. Matters related to relaxation of criteria for permission specified in Note 4 of Appendix 3-2;

9. Matters related to relaxation of criteria for permission specified in Note 5 of Appendix 4;

10. Matters related to relaxation of criteria for permission specified in Note 1 of Appendix 4-2;

10-2. Matters that require deliberation by the Central Mountainous District Management Committee as prescribed in other statutes and regulations;

11. In cases where it is intended to designate the areas, etc. for the purpose of developing a mountainous district of public interest or nearby mountainous district, matters deemed necessary by the Administrator of the Korea Forest Service for the conservation of the forest ecosystem and mountain landscape, as well as other matters the Administrator of the Korea Forest Service deems necessary.

Article 28(Composition of Central Mountainous District Management Committee) #

(1) The Central Mountainous District Management Committee shall be composed of no more than 70 members, including 1 chairperson and 2 vice-chairpersons. <Amended on Jul. 27, 2007; Jul. 24, 2008; Dec. 7, 2010; Oct. 4, 2022>

(2) The chairperson of the Central Mountainous District Management Committee shall be the Deputy Administrator of the Korea Forest Service, the vice chairperson shall be one person elected from among the committee members and a Grade 3 public official or a member of the Senior Executive Service of the Korea Forest Service in charge of mountainous district management affairs. <Amended on Jul. 27, 2007>

(3) The chairperson of the Central Mountainous District Management Committee shall represent the Committee and have general supervision and control of its affairs. <Amended on Jul. 2, 2019>

(4) Where the chairperson of the Central Mountainous District Management Committee is unable to perform his or her duties due to any unavoidable cause, such duties shall be performed, in the following order of priority, by: the vice-chairperson elected from among the committee members; a Grade III public official of the Korea Forest Service in charge of the management of mountainous districts, or a public official belonging to the Senior Executive Service; and a Committee member designated in advance by the chairperson. <Amended on Jul. 27, 2007>

(5) The members of the Central Mountainous District Management Committee shall be appointed or commissioned by the Administrator of the Korea Forest Service from among those specified in any of the following subparagraphs: In such cases, at least 1 member recommended by a civic group (referring to a non-profit private organization as defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act) and at least 1 female member shall be included: <Amended on Jul. 27, 2007; Feb. 29, 2008; Jul. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 4, 2022; Oct. 1, 2025>

1. Not more than 7 persons designated by the heads of relevant central administrative agencies, from among public officials belonging to the Senior Executive Service of the relevant central administrative agencies, such as the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Climate, Energy, and Environment, and the Ministry of Land, Infrastructure and Transport;

2. Up to 60 people from among those who have abundant knowledge and experience in conservation and use of mountainous districts, environment, national land and urban planning, stone industry, etc., and who fall under any of the following categories and have gone through the recommendation or public offering process of relevant organizations such as related academic societies and associations or relevant central administrative agencies:

a. A person who holds or has held a position higher than assistant professor at a university as defined in subparagraph 1 of Article 2 of the Higher Education Act;

b. A person who has received a doctorate and has at least 3 years of research or practical experience;

c. A person who has obtained a master's degree and has more than 9 years of research or practical experience;

d. A person who has acquired a technical engineer qualification under the National Technical Qualifications Act and has at least 3 years of practical experience;

e. Other persons recognized by the Administrator of the Korea Forest Service as having knowledge and experience equivalent to those specified in any of the items a through d.

(6) The term of office of a member who is not a public official shall be 2 years; provided, in the case of a substitute member, the term of office shall be the remaining term of office of the predecessor. <Amended on Apr. 6, 2011>

Article 29-2(Establishment and operation of sectoral committees of the Central Mountainous District Management Committee) #

(1) In order to ensure efficient deliberation by the Central Mountainous District Management Committee, the following sectoral committees shall be established within the Central Mountainous District Management Committee, and the matters for deliberation shall be as follows: <Amended on Dec. 7, 2010; Aug. 22, 2012; Dec. 17, 2013; Sep. 24, 2014; Oct. 30, 2018; Oct. 4, 2022; Mar. 28, 2023; Mar. 11, 2025>

1. Sectoral committee I:

a. Formulation and amendment of the master plan;

b. Designation, modification, and revocation of designation of conservation mountainous districts under Articles 5 and 6 of the Act;

c. Designation and revocation of restricted areas for conversion or temporary use of mountainous districts under Articles 9 and 11 of the Act;

d. Matters related to the eligibility for reduction and exemption of the substitute forest resource development charges and the appropriateness of the reduction and exemption rate thereof under Article 19(6) of the Act;

e. Matters concerning the determination and public notification of the amount per unit area of substitute forest resource development charges under Article 19(8) of the Act;

f. Other matters delegated by the Central Mountain Management Committee;

2. Sectoral committee II:

a. Deleted; <Dec. 17, 2013>

b. Consultation on designation of zones, etc. in mountainous districts in accordance with Article 8 of the Act;

c. Deleted; <Sep. 24, 2014>

d. Matters related to permission for temporary use of a mountainous district under Article 15-2(1) of the Act that includes a conservation mountainous district with an area of 500,000 square meters or more;

e. Matters related to the validity of conversion of a mountainous district under Article 18(4) of the Act;

f. Matters related to the designation of quarry complexes under Article 29 of the Act (only applicable to cases designated by the Administrator of the Korea Forest Service);

g. Matters concerning the standards for calculating restoration costs pursuant to Article 38(5) of the Act;

h. Matters related to the relaxation of the standards for approval of design plans for restoration under Article 40(4) of the Act;

i. Matters related to the relaxation of restrictions on the site area in mountainous districts for forestry use under Article 12(14);

j. Matters related to the validity of the extension of the period for temporary use of a mountainous district under Article 18-4(3)2a;

k. Matters related to relaxation of permission criteria under Note 4 of Appendix 3-2;

l. Matters related to relaxation of criteria for permission specified in Note 5 of Appendix 4;

m. Matters related to relaxation of permission criteria under Note 1 of Appendix 4-2;

n. Matters concerning the standards for calculating costs for disaster prevention, etc. pursuant to Article 23(1) of the Special Act on Management of Mountainous Districts North of the Civilian Control Line;

o. Other matters delegated by the Central Mountain Management Committee;

3. Sectoral committee III:

a. Matters that require deliberation by the Central Mountainous District Management Committee as prescribed in Enforcement Decree of the Stone Industry Promotion Act;

b. Other matters delegated by the Central Mountain Management Committee;

(2) Each sectoral committee shall be comprised of not more than 25 members, including one chairperson. <Amended on Jul. 24, 2008>

(3) The chairperson of each sectoral committee shall be the Deputy Administrator of the Korea Forest Service.

(4) The members of each sectoral committee shall be elected by the Central Mountainous District Management Committee from among its members, and any civilian member of the Central Mountainous District Management Committee shall not serve on 2 or more sectoral committees.

(5) A majority of the 15 members designated by the chairperson of a sectoral committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Jul. 24, 2008>

(6) Notwithstanding paragraph (1), the chairperson of the Central Mountainous District Management Committee may coordinate some of the duties allocated to each sectoral committee, if necessary for efficient examination. <Added on Jul. 24, 2008>

[This Article Added on Jul. 27, 2007]

Article 31(Establishment and operation of regional mountainous district management committee) #

(1) The regional mountainous district management committee shall be composed of no more than 50 members, including 1 chairperson and 2 vice-chairpersons. <Amended on Jul. 27, 2007; Jul. 24, 2008; Dec. 7, 2010; Aug. 22, 2012>

(2) The chairperson of the regional mountainous district management committee shall be the Deputy Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") who is in charge of mountainous district management affairs, and the vice chairperson shall be a person elected from among and by the committee members. <Amended on Aug. 22, 2012>

(3) The chairperson of the regional mountainous district management committee shall represent the committee, and have general supervision and control of its affairs, and convene and preside over meetings of the committee. <Amended on Jul. 2, 2019>

(4) Where the chairperson of a regional mountainous district management committee is unable to perform his or her duties due to any unavoidable cause, the vice chairperson and a committee member designated in advance by the chairperson shall act on his or her behalf in the order named.

(5) The chairperson of a regional mountainous district management committee shall convene meetings without delay, upon a request by the Mayor/Do Governor or by at least 1/3 of the members thereof.

(6) The members of a regional mountainous district management committee shall be appointed or commissioned by the Mayor/Do Governor from among the following persons: In such cases, at least 1 member recommended by a civic group (referring to a non-profit, non-governmental organization as defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act) and at least 1 female member shall be included: <Amended on Jul. 27, 2007; Jul. 24, 2008>

1. Not more than 7 public officials of Grade IV or higher in charge of affairs in the fields of agriculture, forestry, environment, construction, urban planning, and fire-fighting;

2. Up to 40 people from among those who have abundant knowledge and experience in the conservation and use of mountainous districts, environment, national land and urban planning, etc., and who fall under any of the following categories and have gone through the recommendation or public offering process of the head of a related organization such as a related academic society or association or a related administrative agency:

a. A person who holds or has held a position higher than assistant professor at a university as defined in subparagraph 1 of Article 2 of the Higher Education Act;

b. A person who has received a doctorate and has at least 3 years of research or practical experience;

c. A person who has obtained a master's degree and has more than 9 years of research or practical experience;

d. A person who has acquired a technical engineer qualification under the National Technical Qualifications Act and has at least 3 years of practical experience;

e. Any other person deemed by the Mayor/Do Governor to have knowledge and experience equivalent to those specified in items a through d.

(7) The term of office of a committee member who is not a public official shall be 2 years; provided, in the case of a substitute member, the term of office shall be the remaining term of office of the predecessor. <Amended on Apr. 6, 2011>

(8) A majority of the 15 members designated by the chairperson of a regional mountainous district management committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on Jul. 24, 2008>

(9) Expert members may be assigned to each regional mountainous district management committee, who shall be appointed or commissioned by the competent Mayor/Do Governor from among persons who have abundant knowledge and experience in the conservation and use of mountainous districts, the environment, national land and urban planning, etc.

(10) A regional mountainous district management committee shall have 1 secretary, who shall be appointed by the chairperson.

(11) Except as otherwise provided in this Decree, matters necessary for the operation of the regional mountainous district management committees shall be determined by the chairperson following a resolution by the Committee.

Article 31-2(Establishment and operation of sectoral committees of regional mountainous district management committee) #

(1) In order to ensure efficient deliberation by the regional mountainous district management committee, the following sectoral committees may be established within the regional mountainous district management committee, and the matters for deliberation shall be as follows: <Amended on Jul. 24, 2008; Dec. 7, 2010; Sep. 24, 2014; Oct. 30, 2018, Mar. 28, 2023>

1. Sectoral committee I:

a. Formulation and revision of regional plans;

b. Deleted; <Dec. 7, 2010>

c. Other matters delegated by the regional mountainous district management committee;

2. Sectoral committee II:

a. Deleted; <Dec. 7, 2010>

b. Validity of permission for extraction of earth and stones under Article 25 of the Act;

c. Matters related to the designation of quarry complexes under Article 29 of the Act (excluding cases designated by the Administrator of the Korea Forest Service);

d. Matters related to the relaxation of the standards for approval of design plans for restoration under Article 40(4) of the Act;

e. Matters related to the validity of the extension of the period for temporary use of a mountainous district under Article 18-4(3)2a;

f. Matters related to relaxation of permission criteria under Note 4 of Appendix 3-2;

g. Matters related to relaxation of permission criteria under Note 4 of Appendix 4;

h. Matters related to relaxation of permission criteria under Note 1 of Appendix 4-2;

i. Other matters delegated by the regional mountainous district management committee.

(2) In the case of establishing a sectoral committee under paragraph (1), each subcommittee shall be composed of no more than 25 members, including 1 chairperson. <Amended on Jul. 24, 2008>

(3) The chairperson of each sectoral committee shall be the Deputy Mayor or Vice Governor of City/Do who is in charge of mountain management affairs.

(4) The members of each sectoral committee shall be elected by the regional mountainous district management committee from among its members, and among the members of the regional mountainous district management committee, civilian members may not serve on 2 or more sectoral committees.

(6) Notwithstanding paragraph (1), the chairperson of a regional mountainous district management committee may, if necessary for efficient examination, adjust some of the work assigned to each sectoral committee. <Added on Jul. 24, 2008>

[This Article Added on Jul. 27, 2007]

Article 32(Procedures and examination of permission for extraction of earth and stones) #

(1) A person who intends to obtain permission to extract earth and stones or permission for modifications, or to notification of modifications under Article 25(1) of the Act shall submit an application to the Mayor/Do Governor or the head of a Si/Gun/Gu, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jul. 27, 2007; Feb. 29, 2008; Dec. 7, 2010; Mar. 23, 2013>

(2) Where a Mayor/Do Governor or the head of a Si/Gun/Gu receives an application for permission to extract earth and stones or permission for modifications thereof, or receives a notification of modifications under paragraph (1), he or she shall conduct an on-site investigation into mountainous districts subject to permission for extracting earth and stones, permission for modifications, or notification of modifications, and shall examine whether the details of such application conform to the standards for permission to extract earth and stones as provided in Article 28 of the Act, and then undergo deliberation by a regional mountainous district management committee on the feasibility of extraction of earth or stone; provided, in any of the following cases, deliberation by a regional mountainous district management committee is not required: <Amended on Jul. 27, 2007; Jul. 24, 2008; Nov. 26, 2009; Dec. 7, 2010; Dec. 31, 2014; Nov. 11, 2015; Dec. 30, 2016; Jun. 2, 2020; Dec. 16, 2021>

1. In case of notification of modifications;

2. In case of excavation or extraction of earth less than 50,000 square meters;

3. In case of obtaining permission for extraction of earth and stones in order to excavate and extract earth and stones of less than 100,000 cubic meters produced incidentally in the process of converting or temporarily using a mountainous district (including cases of conversion or temporary use of a mountainous district after receiving administrative dispositions under which permission for conversion or temporary use of a mountainous district, or notification of conversion or temporary use of a mountainous district is deemed granted or excluded under other statutes and regulations; hereinafter the same shall apply);

4. Where he or she intends to obtain permission to extract earth and stones to take out earth and stones already excavated, extracted, or brought in before the period of permission for extracting earth and stones expires;

5. Where it is unavoidable to excavate or extract additional earth and stones in order to restore the slopes of an area where earth and stones have been extracted, and thus an earth and stones extraction permit is sought; provided, where the excavation or extraction is carried out by a person other than the State or a local government, it shall be limited to cases where the additionally excavated or extracted earth and stones are not transported outside the area subject to slope restoration;

6. Where the modifications are intended to increase the volume of earth and stones to be extracted without changing the area of extraction;

7. Where the installation or modification of ancillary facilities, such as a product processing site, access road, or other ancillary facilities prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, is intended without changing the volume of earth and stones to be extracted.

(3) Where the Mayor/Do Governor or the head of a Si/Gun/Gu deems it appropriate to grant permission for extracting earth and stones or permission for modifications, or to accept a notification of modifications as a result of examination under paragraph (2), they shall require the applicant to indicate the boundary of the area subject to permission, permission for modifications, or a notification of modifications, and a buffer zone under subparagraph 4 of Appendix 8, and make a restoration deposit under Article 38(1) of the Act in advance, and then issue a permit to extract earth and stones in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the applicant or accept the notification of modifications. <Amended on Jul. 27, 2007; Feb. 29, 2008; Nov. 26, 2009; Aug. 22, 2012; Mar. 23, 2013>

(4) "Purposes prescribed by Presidential Decree" in the former part of Article 25(2) of the Act means cases where a person authorized to use or profit from mountainous districts or the owner of mountainous districts excavates or extracts earth and sand for self-consumption. <Added on Jul. 27, 2007>

(5) "Scale prescribed by Presidential Decree" in the former part of Article 25(2) of the Act means a scale of not less than 30 cubic meters but not more than 1,000 cubic meters. <Added on Jul. 27, 2007>

(6) The head of a related administrative agency who intends to request a Mayor/Do Governor or the head of a Si/Gun/Gu to hold consultation under Article 25(7) of the Act shall submit a written request for consultation on extraction of earth and stones, accompanied by documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. In such cases, paragraph (2) shall apply mutatis mutandis to the examination of requests for consultation on extraction of earth and stones. <Added on Aug. 22, 2012; Mar. 23, 2013; Jun. 2, 2020>

(7) Deleted. <Dec. 7, 2010>

[Title Amended on Jul. 27, 2007]

Article 32-2(Earth and stone extraction requiring permission and notification) #

"Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 25-2 of the Act means any of the following cases: <Amended on Aug. 22, 2012; Nov. 11, 2015; Dec. 30, 2016; Jun. 2, 2017; Mar. 3, 2020; Jun. 2, 2020; Nov. 24, 2020; Dec. 16, 2021; Jun. 14, 2022>

1. Where a person specified in the following items (including a person who has been subject to an administrative disposition in which any of the following permissions or notifications are deemed granted under other statutes) excavates or extracts a rock in its original form with the longest straight length of 18 centimeters or more (hereinafter referred to as "natural stone") in the course of converting or temporarily using a mountainous district, and transports such natural stone outside the area of conversion or temporary use of a mountainous district (referring to the site specified in the relevant project plan, where a project plan has been formulated for the intended project of the conversion or temporary use of a mountainous district; hereinafter the same shall apply in this Article):

a. A person who has obtained permission to convert a mountainous district under Article 14 of the Act;

b. A person who has filed a notification of the conversion of a mountainous district under Article 15 of the Act;

c. A person who has obtained permission for temporary use of a mountainous district under Article 15-2(1) of the Act;

d. A person who has filed a notification of temporary use of a mountainous district under Article 15-2(4) of the Act;

2. Where a person falling under any of the items of subparagraph 1 (including a person who has been subject to an administrative disposition under which any of the following permissions or notifications are deemed granted or filed under other statutes) excavates or extracts earth and stones incidentally in the course of converting or temporarily using a mountainous district, and transports such earth and stones outside the area of conversion or temporary use of mountainous district, in a quantity of 50,000 cubic meters or more; provided, any of the following cases shall be excluded:

a. In the case where the State, local governments, and institutions or organizations under Article 11(1) of the Enforcement Decree of the Act on Report on Real Estate Transactions convert or temporarily use a mountainous district to install the following facilities for official or public use:

1) Facilities under subparagraph 3 of Article 10 of the Act;

2) Facilities under Article 12(1)8 of the Act;

3) Facilities under Article 12(2)5 of the Act;

4) Facilities under subparagraph 1a through n of Appendix 5;

b. Where a project implementer defined in subparagraph 8 of Article 2 of the Act on Public-Private Partnerships in Infrastructure converts or temporarily uses mountainous districts to install the following social infrastructure:

1) Roads and road appurtenances under subparagraphs 1 and 2 of Article 2 of the Road Act;

2) Railway under subparagraph 1 of Article 2 of the Railroad Service Act;

3) Urban railway under subparagraph 2 of Article 2 of the Urban Railroad Act;

4) Port facilities under subparagraph 5 of Article 2 of the Harbor Act;

5) Airport facilities under subparagraph 7 of Article 2 of the Airport Facilities Act;

6) Multi-purpose dams under the Act on Construction and Management of Dams and Assistance to Their Environs;

7) Facilities necessary for education and training and barracks life as defined in subparagraph 1a of Article 2 of the Act on National Defense and Military Installations Projects, and facilities attached to military units as defined in item g of that subparagraph, which are necessary for the housing, welfare, and sports of soldiers;

8) Public health care institutions under subparagraph 3 of Article 2 of Public Health and Medical Services Act;

9) Public buildings belonging to the central administrative agencies among the public office buildings under subparagraph 6d of Article 2 of the National Land Planning and Utilization Act;

c. Deleted; <Nov. 24, 2020>

d. Deleted; <Nov. 24, 2020>

3. Where a person falling under subparagraph 2a or b of Article 25-2 of the Act incidentally excavates or extracts natural stone or bedrock (referring to a pure rock layer exposed as a rock vein without soil, in the underground portion designed for soil extraction) in the process of extracting earth and stones;

4. In the case of excavating or extracting earth and stones containing minerals (including earth and stones extracted incidentally in the process of extracting minerals) in accordance with Article 27(2) of the Act for use or sale for non-mining purposes, such as construction, crafts, landscaping, crushed aggregate, or civil engineering purposes.

[This Article Added on Dec. 7, 2010]

[Title Amended on Nov. 24, 2020]

[Previous Article 32-2 moved to Article 32-3 <Dec. 7, 2010>]

Article 32-3(Restricted area for earth and stone extraction) #

(1) Mountainous districts where the excavation and extraction of earth and stones are restricted under Article 25-3(1)1 of the Act shall be as follows: <Amended on Nov. 30, 2007; Apr. 3, 2008; Jul. 24, 2008; Sep. 22, 2008; Apr. 20, 2009; Nov. 2, 2009; Nov. 26, 2009; Mar. 9, 2010; Dec. 7, 2010; Dec. 29, 2010; Jan. 28, 2014; Jul. 14, 2014; Nov. 11, 2015; Dec. 30, 2016; Jan. 16, 2018; Mar. 12, 2019; Jul. 2, 2019; May 26, 2020; May 7, 2024>

1. A mountainous district within a 30-meter radius from the lower trunk of superior trees designated under Article 19(1) of the Creation and Management of Forest Resources Act and protected trees designated under Article 13(1) of the Forest Protection Act;

2. A mountainous district within 100 meters from the boundary of any facilities corresponding to the following items:

a. Railway and high-speed railway under subparagraphs 1 and 2 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management;

b. Orbit under subparagraph 1 of Article 2 of the Tramway Transportation Act;

c. A road that has begun to be used in whole or in part in accordance with Article 39 of the Road Act;

d. Electric power source facilities defined in Article 2 of the Electric Power Source Development Promotion Act;

e. Rivers under Article 7(1) of the River Act;

f. Lakes and marshes under subparagraph 14 of Article 2 of the Water Environment Conservation Act;

g. Reservoir under subparagraph 6 of Article 2 of the Agricultural and Fishing Villages Improvement Act;

h. Ancestral shrines (jaegak);

i. Natural recreation forests, forest bathing areas, and healing forests under subparagraphs 2, 3, and 5 of Article 2 of the Forestry Culture and Recreation Act;

3. Deleted. <Nov. 26, 2009>

4. Mountainous districts within 500 meters from the boundary of any facility or area specified in any of the following items:

a. Military facilities under subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act;

b. Facilities of the central administrative agencies and special local administrative agencies under Articles 2 and 3 of the Government Organization Act, courts and registration offices under Article 3 of the Court Organization Act, and affiliated organizations of each relevant agency;

c. Facilities of local governments under Articles 2 and 3 of the Local Autonomy Act, public corporations established under special laws, and affiliated institutions of each relevant organization;

d. Schools defined in Article 2 of the Early Childhood Education Act, Article 2 of the Elementary and Secondary Education Act, and Article 2 of the Higher Education Act;

e. Medical institutions under Article 3 of the Medical Service Act;

f. Protection zones under the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage or the Act on Conservation and Utilization of Natural Heritage (in the case of cultural heritage or natural heritage for which a protection zone has not been designated, referring to the cultural heritage or natural heritage).

(2) Mountainous districts, where the excavation or extraction of earth or stones is restricted under Article 25-3(1)2 of the Act shall be as follows: <Amended on Dec. 7, 2010; Dec. 31, 2014>

1. Mountainous districts within 2,000 meters of visually exposed areas along expressways and railways;

2. Mountainous districts within 1,000 meters of visually exposed areas along national highways;

3. Mountainous districts within 500 meters of visually exposed areas along local roads; provided, this shall not apply where a person who obtained a quarrying permit for such mountainous district within 500 meters of a visually exposed area along local road before May 16, 2000, continues to quarry or extract earth and sand in an area adjoining the permitted site;

4. Mountainous district located in the waterfront visibility area of a port district as defined in subparagraph 4 of Article 2 of the Port Act, and Mountainous district within 500 meters of the high-tide shoreline.

(3) In Article 25-3(1)4 of the Act, "mountainous district in areas prescribed by Presidential Decree" means following mountainous districts: <Amended on Mar. 9, 2010; Dec. 7, 2010; Dec. 29, 2010; Jul. 31, 2012; Jul. 20, 2015; Nov. 11, 2015; May 26, 2020; May 7, 2024>

1. Mountainous districts within arboretums and gardens defined in subparagraphs 1 and 1-2 of Article 2 of the Act on the Creation and Furtherance of Arboretums and Gardens;

2. Mountainous districts in land for erosion control under subparagraph 4 of Article 2 of the Erosion Control Work Act;

3. Mountainous districts within special wildlife protection zones under Article 27 of the Wildlife Protection and Management Act;

4. Mountainous districts within a protection zone (in the case of cultural or natural heritage for which a protection zone has not been designated) according to the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage or the Act on Conservation and Utilization of Natural Heritage;

5. Seed stand under Article 19(1) of the Act on the Creation and Management of Forest Resources Act, and experiment forest under Article 47(1) of that Act, and forest protection zone under Article 7(1) of the Forest Protection Act;

6. Mountainous districts in natural recreation forests under Article 13 of the Forestry Culture and Recreation Act, and mountainous districts in forest bathing areas and healing forests created under Article 20 of that Act.

[This Article Added on Jul. 27, 2007]

[Moved from Article 32-2, previous Article 32-3 moved to Article 32-4 <Dec. 7, 2010>]

Article 32-4(Exceptions to restrictions on activities in restricted areas for earth and stone extraction) #

(1) The term "project prescribed by Presidential Decree in subparagraph 2 of Article 25-4 of the Act" means a project for installing roads, railroads, tramways, canals, or waterways. <Amended on Dec. 7, 2010>

(2) In subparagraph 3 of Article 25-4 of the Act, "where necessary for an official or public project, as prescribed by Presidential Decree" means any of the following cases: <Amended on Jul. 24, 2008; Apr. 20, 2009; Nov. 26, 2009; Dec. 7, 2010; May 22, 2012; Dec. 31, 2014; Dec. 30, 2016; Jun. 2, 2020; Nov. 24, 2020; Aug. 23, 2022>

1. Where the head of a relevant central administrative agency (including the head of a special local administrative agency under Article 3 of the Government Organization Act, and referring to the head of the relevant local government in cases of construction projects for nationally supported local roads) makes a request for the use of earth and stones for a project specified in any subparagraph of Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects, specifying the person who extracts the earth and stones , the location and area of the extraction site, the type and quantity of the earth and stones to be extracted, and the extraction period, and such request is deemed appropriate;

2. Where a person intends to obtain permission for the extraction of earth and stones incidentally produced in the course of converting or temporarily using mountainous districts;

3. In case of installing auxiliary facilities necessary for earth and stone extraction (limited to access roads or management offices) (only applicable to mountainous districts under Article 32-3(1)2 and paragraph (2)1 through 3);

4. In the case of attempting to excavate or extract new earth and stones adjacent to a permitted area where excavation and extraction of earth and stones is in progress with a permit for extraction of earth and stones, which fall under any of the following items (only applicable to mountainous districts under Article 32-3(2)1 through 3):

a. Where a local road is reclassified as a general national road or an expressway;

b. Where a general national road is reclassified as an expressway;

c. Where a Si/Gun road is reclassified as a local road;

d. Where the use of all or part of the section of a national expressway, general national highway, or local highway is commenced under Article 39 of the Road Act;

e. In cases where a public notice of completion of a railway is issued under Article 16(2) of the Act on Railroad Construction and Railroad Facilities Management, or a pre-completion use permission is granted under the proviso of paragraph (4) of that Article;

5. Where a person intends to excavate or extract earth and stones from a mountainous district adjacent to an area for which permission for extraction of earth and stones has been granted (including an area under restoration or already restored after the expiration of the permission period), and where the continued extraction of the remaining mountainous district, the area of which is less than 50,000 square meters, would result in the formation of flat land without any slopes (limited to mountainous districts specified in subparagraphs 1 through 3 of Article 32-3(2));

6. In any of the following cases:

a. Where a person seeks to excavate or extract underground stone (limited to stone) in an area for which an earth and stones extraction permit has been granted (including a site currently under restoration or already restored after permit expiration);

b. Where it is intended to take out the rocks already excavated or extracted after expiration of the permit to extract earth and stones (limited to rocks);

c. Where it is unavoidable to additionally excavate or extract earth and stones for the purpose of restoring the slope of an earth and stones extraction site (limited to slopes adjacent to extraction-restricted areas); provided, where an entity other than the State or a local government excavates or extracts such earth and stones, this shall be limited to cases where the additionally excavated or extracted earth and stones are not transported outside the area subject to slope restoration;

7. In cases of excavating or extracting earth and stones in an area designated as a quarry complex under Article 29 of the Act.

(3) In subparagraph 4 of Article 25-4 of the Act, "cases prescribed by Presidential Decree, such as where consent is obtained from the manager or owner of the relevant public facilities, etc." means any of the following cases: <Amended on Apr. 20, 2009; Dec. 7, 2010; Dec. 30, 2016; May 7, 2024>

1. In the case of a region or facility specified in Article 32-3(1)4 and (3) 4, where consent has been obtained from the management office or custodian of the region or facility (in the case of a protection zone under the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage or a protection zone under the Act on Conservation and Utilization of Natural Heritage, referring to the Administrator of the Korea Heritage Service; in the case of a military facility, referring to the Minister of National Defense or the commander of the relevant unit);

2. In the case of coastal areas located 100 meters away from dedicated railways not intended for passenger transport (only applicable to the mountainous district under Article 32-3(2)1);

3. In the case of a mountainous district within 100 meters from the boundary of a ritual shrine (jegak), and consent has been obtained from the manager or owner of the shrine.

[This Article Added on Jul. 27, 2007]

[Title Amended on May 22, 2012]

[Moved from Article 32-3 <Dec. 7, 2010>]

Article 34(Evaluation of economic feasibility of quarrying) #

(1) In the main clause of Article 26(1) of the Act, "specialized research institutions prescribed by Presidential Decree" means an institution that falls under any of the following subparagraphs: <Amended on Jan. 9, 2004; Aug. 5, 2005; Feb. 29, 2008; Apr. 20, 2009; Dec. 7, 2010; Mar. 23, 2013; Nov. 11, 2015; Jul. 9, 2019; Aug. 31, 2021; Mar. 11, 2025; Oct. 1, 2025>

1. National Institute of Forest Science;

2. Korea Mine Rehabilitation and Mineral Resources Corporation under the Korea Mine Rehabilitation and Mineral Resources Corporation Act;

3. An engineering business entity that has filed a notification with the Minister of Trade, Industry and Energy in accordance with Article 21(1) of the Engineering Industry Promotion Act to conduct engineering activities in the mining or construction sector (limited to specialized fields of soil and geology);

4. A corporation that conducts geological surveys and mineral resource research projects among the research institutes listed in each subparagraph of Appendix of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

5. A technical engineer's office in the mining or construction sector (limited to the soil and geology field) established and registered by a professional engineer in accordance with Article 6 of the Professional Engineers Act;

6. Korea Forest Conservation Association;

7. Korea Quarrying Association under Article 36-2 of the Act (hereinafter referred to as the "Korea Quarrying Association");

8. Korea Forestry Promotion Institute;

9. Other institutions or organizations recognized by the Administrator of the Korea Forest Service as having the capacity to conduct quarrying economic feasibility assessment.

(2) In the proviso of Article 26(1) of the Act, "cases prescribed by Presidential Decree" means any of the following cases: <Amended on Aug. 5, 2005; Jul. 27, 2007; Dec. 7, 2010; May 22, 2012; Aug. 22, 2012; Nov. 11, 2015; Dec. 16, 2021>

1. In cases of excavating or extracting rocks for civil engineering or landscaping purposes;

2. In cases of excavating or extracting underground stone beneath the area for which an earth and stones extraction permit has been granted and in which rocks are excavated or extracted;

3. In cases of excavating or extracting rocks incidentally extracted in the process of converting or temporarily using mountainous districts, or natural stones referred to in the latter part of Article 28(3) of the Act;

4. In cases of taking out rocks that are already excavated, extracted, or brought in before the expiration of the stone quarrying permission period, after the period has expired;

5. Where it is unavoidable to excavate or extract rocks for the purpose of restoring the slope in the area where rocks are excavated or extracted;

6. In cases of expanding the area of earth and stones extraction site for which an earth and stone extraction permit has been granted by 20/100 (only applicable to the cases where the bedrock is exposed and the type, quality, etc. of the rocks are deemed identical to that of the mountainous districts for which the initial permit for extracting earth and stones was granted).

(3) The methods and standards for evaluating the economic feasibility of quarrying under Article 26(2) of the Act are as specified in Appendix 7.

Article 36(Criteria for permission for extraction of earth and stones) #

(1) In Article 28(1)2 of the Act, "criteria prescribed by Presidential Decree" means the criteria set forth in Appendix 8.

(2) In Article 28(1)4 of the Act, "the areas prescribed by Presidential Decree" means any of the following mountainous districts where excavating or extracting earth and stones directly or indirectly affect the living environment, etc.: <Amended on Aug. 22, 2012; Nov. 11, 2015>

1. Mountainous districts within 300 meters from houses, livestock facilities, factories, or religious facilities;

2. Mountainous districts within 30 meters of the center point of a burial site.

(3) In Article 28(1)4 of the Act, "standards prescribed by Presidential Decree, such as the installation of facilities to prevent disasters" means each of the following subparagraphs: <Amended on Feb. 29, 2008; Dec. 24, 2008; Apr. 20, 2009; Nov. 26, 2009; Dec. 7, 2010; Jul. 20, 2012; Mar. 23, 2013; Nov. 11, 2015; Jul. 2, 2019>

1. The area shall not be one determined to have a high risk of landslide, based on risk factors such as slope gradient, parent rock, and forest conditions, under the landslide risk assessment criteria table prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, nor an area where a landslide has occurred; provided, this shall not apply where permission is granted on the condition that disaster prevention facilities are installed;

2. If a disaster is likely to occur in neighboring areas, the following protective measures shall be reflected in the project plan:

a. Installation of drainage facilities and other structures to prevent soil erosion and slope collapse on cut-and-fill surfaces (referring to surfaces formed by cutting or embankment);

b. Installation of rockfall prevention facilities;

c. Adoption of protective methods for slope stability;

d. Installation of wind-blown dust control facilities, such as dust-proof nets;

e. Adoption of low-noise and low-vibration blasting methods;

f. Measures to dispose of topsoil and waste stones;

3. Consent shall be obtained for each of the following purposes; provided, this shall not apply to cases where an environmental impact assessment or small-scale environmental impact assessment has been conducted in accordance with the Environmental Impact Assessment Act:

a. In the case specified in paragraph (2)1, the consent of all of the following persons is required: The owner of the relevant house or livestock facility, the residents (meaning the head of a household who actually resides there under the Resident Registration Act), the owner and the representative of the factory, and all representatives of religious facilities (if the extraction permit is sought for an area adjacent to a mountainous district where earth and stones are excavated or extracted with earth and stones extraction permit, the consent of at least two-thirds of the representatives of the religious facilities shall suffice);

b. In the case of paragraph (2)2, the consent shall be obtained from a relative defined in subparagraph 16 of Article 2 of the Act on Funeral Services (limited to where a relative exists);

(4) The standards for stone excavation and extraction equipment and technical personnel that shall be met by an applicant for a stone extraction permit (limited to rocks) under the main clause of Article 28(1)5 of the Act shall be as specified in Appendix 8-2. <Amended on Oct. 30, 2018>

(5) "Distance prescribed by Presidential Decree" in the proviso of Article 28(1)6 of the Act means the distance categorized in the following: <Added on Jun. 2, 2020>

1. Earth and stones for the restoration of a completed extraction site: No distance limit applies;

2. Earth and stones specified in subparagraph 1 of Article 25-2 of the Act: Within a straight-line distance of 60 kilometers from the boundary of the area for which an earth and stones extraction permit is sought.

(6) "Scale prescribed by Presidential Decree" in the proviso of Article 28(1)6 of the Act means the scale according to the following categories: <Added on Jun. 2, 2020>

1. Earth and stones for the restoration of a completed extraction site: Amount of earth and stone recorded in the design plan for restoration of mountainous districts approved under Article 40(1) of the Act;

2. Earth and stones specified in subparagraph 1 of Article 25-2 of the Act: 50/100 of the amount of earth and stones to be extracted for which a permit for earth and stones extraction is sought under Article 25(1) of the Act.

[This Article Wholly Amended on Jul. 27, 2007]

Article 37(Exceptions to application of criteria for permission for extraction of earth and stones) #

(1) In Article 28(2)2 of the Act, "projects prescribed by Presidential Decree" means projects for installing roads, railroads, tramways, canals, or waterways. <Amended on Dec. 2010>

(2) In Article 28(2)3 of the Act, "cases prescribed by Presidential Decree" means any of the following cases: <Amended on Jul. 24, 2008; Nov. 26, 2009; Dec. 7, 2010; Nov. 11, 2015; Dec. 16, 2021>

1. Where the head of a relevant central administrative agency (including the head of a special local administrative agency under Article 3 of the Government Organization Act, and referring to the head of the relevant local government in the case of projects involving nationally supported local roads) makes a request for the use of earth and stones for a project specified in any subparagraph of Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects, specifying the earth and stones extractor, the location and area of the extraction site, the type, quantity, and extraction period of the earth and stones, and such request is deemed appropriate;

2. Where a person intends to obtain permission for the extraction of earth and stones incidentally produced in the course of converting or temporarily using mountainous districts;

3. In case of attempting to take out earth and stones already excavated, extracted, or brought in before the permits for the earth and stones extraction expires after the permission period has expired;

4. In cases where it is unavoidable to excavate or extract earth and stones for the purpose of restoring the slope of an earth and stones extraction site (limited to cases where the excavated or extracted earth and stones are not transported out of the relevant earth and stones extraction site).

(3) In accordance with Article 28(2) of the Act, all or some of the criteria for permission for extraction of earth and stones may not be applied in any of the following cases: <Amended on Jul. 24, 2008; Nov. 11, 2015; Jun. 2, 2020; Dec. 16, 2021>

1. Cases where the standards under Article 36 are not applied:

a. In cases of Article 28(2)1 of the Act;

b. In cases where earth and stones are excavated and extracted incidentally in the process of excavating a tunnel or drift for the project specified in paragraph (1) and used for the project;

c. In cases of paragraph (2)1 or 3;

2. In cases where the criteria specified in Article 36(1) are not applied:

a. In cases of paragraph (2)2;

b. In cases of paragraph (2)4;

3. In cases where Article 36(3)3a is not applied. In such cases, cases specified in item a shall be subject to deliberation by a regional mountainous district management committee:

a. In case specified in paragraph (2)2 (limited to urban areas under Article 36 of the National Land Planning and Utilization Act);

b. In cases of paragraph (2)4;

4. Cases where Article 36(4) is not applied:

a. In cases specified in paragraph (2)2; provided, this shall not apply in cases where the extracted earth and stones are to be directly processed;

b. In cases of paragraph (2)4;

5. Cases where Article 28(1)6 of the Act is not applied: Where it falls under Article 28(2)1 of the Act;

6. Notwithstanding the proviso of Article 28(1)6 of the Act, cases where earth and stones specified in subparagraph 1 of Article 25-2 of the Act may not be brought in: Cases falling under any subparagraph of paragraph (2).

[This Article Wholly Amended on Jul. 27, 2007]

Article 39(Designation of quarry complex) #

(1) In accordance with Article 29(1) of the Act, the following persons may designate or change the designation of quarry complexes according to their classification, either ex officio or upon application. <Added on Sep. 24, 2014> (1) In accordance with Article 29(1) of the Act, the following persons may designate or change the designation of quarry complexes according to their classification, either ex officio or upon application: <Added on Sep. 24, 2014>

2. Mayor/Do governor: Quarry complex, the area of which is at least 200,000 square meters but less than 300,000 square meters.

(2) Any person who intends to receive designation or modified designation of a quarry complex under Article 29(1) of the Act shall submit an application in the form to the Administrator of the Korea Forest Service or the Mayor/Do governor, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Aug. 22, 2012; Mar. 23, 2013; Sep. 24, 2014>

(3) Where the Administrator of the Korea Forest Service or the Mayor/Do Governor intends to designate or re-designate a quarry complex ex officio or upon application under Article 29(1) of the Act, they shall consult in advance with the heads of the relevant administrative agencies after reviewing whether the area meets the detailed designation criteria under paragraph (6) and the evaluation results of the quarry economic feasibility under Article 26(1) of the Act, and undergo deliberation by the Central Mountainous District Management Committee or the Regional Mountainous District Management Committee: <Amended on Aug. 5, 2005; Jul. 24, 2008; Dec. 24, 2008; Nov. 26, 2009; Aug. 22, 2012; Sept. 24, 2014>

1. Deleted; <Nov. 26, 2009>

2. Deleted; <Nov. 26, 2009>

3. Deleted. <Nov. 26, 2009>

4. Deleted; <Nov. 26, 2009>

5. Deleted; <Nov. 26, 2009>

6. Deleted. <Nov. 26, 2009>

(4) Upon receipt of a request for consultation under paragraph (3), the head of a Si/Gun/Gu shall submit the findings of an on-site investigation and their opinions on the possibility of designating a quarry complex to the Administrator of the Korea Forest Service or a Mayor/Do Governor within 15 days, unless there is good cause not to do so. <Added on Aug. 22, 2012; Sep. 24, 2014>

(5) In Article 29(2) of the Act, "area prescribed by Presidential Decree" means 21/100 of the area designated as a quarry complex. <Added on Aug. 22, 2012; Sep. 24, 2014; Jun. 7, 2023>

(6) The detailed designation criteria for quarry complexes under Article 29 (3) of the Act shall be as follows: <Amended on Aug. 5, 2005; Jul. 27, 2007; Apr. 20, 2009; Nov. 26, 2009; May 22, 2012; Aug. 22, 2012; Sep. 24, 2014; Dec. 31, 2014; Dec. 30, 2016; Nov. 24, 2020; Jan. 7, 2025>

1. The area of one complex shall be 200,000 square meters or more, and rocks shall be distributed collectively. In such cases, if a new quarry complex is to be designated, including an area where rocks have already been excavated and extracted with a quarry excavation permit or a designated quarry complex, the area of the complex shall be calculated including the area of the quarry excavation permit site or the area of the quarry complex, but the area where excavation and extraction have been completed and the area of auxiliary facilities such as product processing facilities shall be excluded;

2. The area shall have high economic value for collective extraction of rocks and shall not be hindered by the construction of infrastructure such as roads;

3. It shall not significantly harm the living environment of local residents due to water quality, dust, vibration, noise, etc.;

4. There shall be neither development plans nor restrictions under other statutes or regulations;

5. There shall be no rights established in accordance with relevant statues or regulations in the area applied for; provided, this shall not apply if the consent of the person who established the rights has been obtained;

6. It shall have been evaluated under the Environmental Impact Assessment Act (limited to cases subject to evaluation);

6-2. The land shall not be a mountainous district falling under Article 25-3(1)1, 4, or 5 of the Act; provided, this shall not apply where any of the following items applies:

a. Where the land constitutes a mountainous district falling under Article 25-3(1)1 or 4 of the Act (limited to mountainous districts falling under subparagraph 4 of Article 32-3(1) or subparagraph 4 of Article 32-3(3) of this Decree), and consent has been obtained pursuant to Article 32-4(3)1 from the administrative agency or manager of the areas or facilities falling under Article 32-3(1)4 or Article 32-3(3)4;

b. Where any of the following subitems applies and consent has been obtained from the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu with jurisdiction over a mountainous district falling under Article 25-3(1)5 of the Act that is included in a quarry complex to be designated or re-designated (where such mountainous district is a State forest, referring to the head of the competent Regional Forest Service and the head of the competent National Forest Management Office):

1) Where a quarry complex is to be designated pursuant to Article 29(1) of the Act [limited to cases where all or part of an area for which permission for extraction of earth and stone has been granted pursuant to Article 25(1) of the Act (including areas where the permission period has expired and restoration is underway or has been completed) is included in the quarry complex to be designated], and where part of the mountainous district to be designated as a quarry complex constitutes a mountainous district falling under Article 25-3(1)5 of the Act;

2) Where a quarry complex is to be redesignated to expand its area pursuant to Article 29 (1) of the Act, and all or part of the area to be expanded constitutes a mountainous district falling under Article 25-3 (1) 5 of the Act;

7. The area shall meet the criteria for permission to extract earth and stones under Article 28(1)2 through 6, and paragraph (2) of that Article;

8. Deleted. <Jun. 2, 2020>

(7) Where the Administrator of the Korea Forest Service or a Mayor/Do Governor designates a quarry complex or modifies such designation under paragraph (3), they shall manage the quarry complex, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Aug. 22, 2012; Mar. 23, 2013; Sep. 24, 2014>

(8) Except as otherwise provided in paragraphs (1) through (7), matters necessary for the designation, designation for modification, or management of quarry complexes shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Aug. 22, 2012; Mar. 23, 2013; Sep. 24, 2014>

Article 45(Prevention of disasters) #

(1) The Administrator of the Korea Forest Service, etc. may perform the following acts toward a person conducting the conversion and temporary use of mountainous districts, earth and stones extraction (hereinafter referred to as "mountainous district conversion, etc.") or restoration for the purpose of investigation, inspection, and examination under Article 37(1) of the Act: <Amended on Aug. 22, 2012; Oct. 30, 2018; Jan. 30, 2026>

1. Request for report;

2. Request for submission of data;

3. Entry into mountainous districts;

4. Other acts deemed necessary by the Administrator of the Korea Forest Service for the purpose of preventing forest disasters and maintaining the landscape of mountainous districts.

(2) In the former part of Article 37(2), "inspection agency prescribed by Presidential Decree" means the Korea Forest Conservation Association and the Korea Forest Disaster Safety Technology Corporation (hereafter referred to as "inspection agency" in paragraphs (3) and (5)). <Added on Jun. 2, 2020; Aug. 19, 2020; Dec. 16, 2021; Jan. 30, 2026>

(3) The inspection agency shall conduct an investigation, inspection, examination, etc. (hereinafter referred to as "investigation, etc.") by means of a written investigation or on-site inspection in accordance with the former part of Article 37(2) of the Act. <Added on Jun. 2, 2020; Aug. 19, 2020>

(4) The investigation, etc. shall be conducted at least once every year from the commencement date of construction of new and renewable energy facilities in accordance with the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy until the date three years elapse from the notification of the commencement of the project under Article 9(4) of the Electric Utility Act. <Added on Jun. 2, 2020>

(5) An inspection agency entrusted with conducting investigation, etc. under the former part of Article 37(2) of the Act shall submit the results of such investigation, etc. within 30 days from the date of completion of the investigation, etc. to the holder of the mountainous district conversion permit or temporary use permit, and the permit holder shall, within 7 days from the date of receipt of the results, submit the results to the Administrator of the Korea Forest Service, etc. <Added on Jun. 2, 2020; Aug. 19, 2020>

(6) The management plan for solar power generation facilities (hereinafter referred to as "mountain solar power generation facilities") under subparagraph 2a of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy in accordance with Article 37(3) of the Act shall include the following matters: <Added on Aug. 19, 2020>

1. Current status of installation and management of mountain solar power generation facilities;

2. Status of disasters and forest damage caused by the installation of mountain solar power generation facilities;

3. Disaster prevention measures and mountainous district restoration measures (including management plans for the mountainous district solar power generation facilities);

4. Plans for inspecting the implementation of management plans for mountain solar power generation facilities;

5. Other matters deemed necessary by the Administrator of the Korea Forest Service, etc. for disaster prevention and mountainous district restoration.

(7) In Article 37(6) of the Act, "specialized mountainous district institution prescribed by Presidential Decree" means the Korea Forest Conservation Association and the Korea Forest Disaster Safety Technology Corporation. <Added on Dec. 16, 2021; Jan. 30, 2026>

(8) Where the Administrator of the Korea Forest Service, etc. orders necessary measures in accordance with the main clause of Article 37(7) of the Act, they she shall notify in writing the details and period of such measures, etc. <Amended on Aug. 22, 2012; Jun. 2, 2020; Aug. 19, 2020; Dec. 16, 2021>

(9) Where the amount of restoration funds is reduced as a result of covering the costs of restoration by proxy under Article 37(9) of the Act, the Administrator of the Korea Forest Service, etc., shall require that the reduced amount be re-deposited in accordance with Article 38 of the Act. <Amended on Aug. 22, 2012; Jun. 2, 2020; Aug. 19, 2020; Dec. 16, 2021>

[This Article Wholly Amended on Dec. 7, 2010]

Article 46(Deposit of restoration funds) #

(1) "Cases prescribed by Presidential Decree, such as where the area intended for conversion of a mountainous district is less than 660 square meters" in the proviso of Article 38(1) of the Act means any of the following cases: <Amended on Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Jul. 24, 2008; Apr. 20, 2009; Nov. 26, 2009; Dec. 7, 2010; Jan. 28, 2011; Aug. 22, 2012; Nov. 11, 2015; Dec. 30, 2016; Oct. 30, 2018; Oct. 30, 2018; Dec. Jun. 7, 2023; May 7, 2024; Mar. 11, 2025>

1. In cases where the area intended for the conversion or temporary use of a mountainous district is less than 660 square meters; provided, this shall not apply where the area has been subdivided to less than 660 square meters for the purpose of exemption from the obligation to deposit restoration funds;

2. Where a project involves the installation of any of the following facilities or industrial complexes, implemented by the State, a local government, a public corporation, a quasi-governmental institution, a local government-invested public corporation, or a local government public corporation (excluding golf courses under Article 10(1)1 of the Installation and Utilization of Sports Facilities Act):

a. Facilities under subparagraph 2 or 3 of Article 10 of the Act;

b. Facilities under Article 12(1)8 of the Act;

c. Facilities under Article 12(2)5 of the Act;

d. Public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act;

e. Transmission facilities (including access roads) under Article 10(4)3;

f. Facilities under subparagraphs 1 a through n of Appendix 5 (excluding facilities under subparagraphs a through d of this subparagraph);

3. In cases of projects for installation of facilities specified in any item of subparagraph 2, which are implemented by private business entities and are donated or transferred free of charge to the State or local governments;

4. In cases of notifications of the temporary use of mountainous districts for the purpose of installing forest roads, work roads, forest product transport roads, or forest trails such as walking paths, exploration routes, hiking trails, firebreaks, or forest protection facilities;

5. In cases where a person intends to temporarily use mountainous districts for any of the following purposes without altering the land characteristics of the mountainous districts, felling or excavating standing trees:

a. Livestock grazing;

b. Buried heritage surface survey under the Act on Protection and Inspection of Buried Heritage;

c. Cultivation of items eligible for support as income sources for forest products under Article 8(1) of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act;

d. Piling up goods;

5-2. Where the temporary use of a mountainous district involves the felling of standing trees for the cultivation of nut or medicinal plant species that are among the items eligible for support as income sources from forest products under Article 8(1) of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act (limited to the cultivation of tall tree species such as chestnut, persimmon, and Korean pine);

6. In cases of seeking permission for extraction of earth and stones in accordance with Article 37(2)2;

7. In cases where a public corporation listed in each subparagraph of Article 17 of the Enforcement Decree of the Act on Funeral Services installs a tree burial forest.

8. Where a person intends to temporarily use mountainous districts for the investigation or excavation of the remains of fallen soldiers pursuant to Article 9 of the Act on the Excavation of the Remains of Soldiers Killed in the Korean War.

(2) In accordance with Article 38 (3) of the Act, the Administrator of the Korea Forest Service, etc. shall each year recalculate the restoration costs and require relevant person to deposit the difference between the initially deposited amount of restoration costs and the recalculated restoration costs; provided, where a person obligated to deposit the restoration costs under Article 38 (1) or (2) of the Act requests to deposit in advance the amount estimated to be additionally deposited annually during the period of mountainous district conversion, etc. the person may be permitted to deposit the amount calculated in accordance with the standards determined and publicly notified by the Administrator of the Korea Forest Service. <Added on Aug. 22, 2012; Nov. 11, 2015; Mar. 11, 2025>

(3) The Administrator of the Korea Forest Service, etc. may require a person who meets all the following requirements to deposit restoration costs in installments in accordance with Article 38(4) of the Act, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Aug. 22, 2012; Mar. 23, 2013>

1. Where a person intends to deposit the restoration costs in cash;

2. Where the content of a written application for permission for the conversion of mountainous districts, etc. shall correspond to all of the following items:

a. The period for conversion of mountainous districts shall be 3 years or longer;

b. The conversion of mountainous districts shall be implemented on a yearly basis;

c. The area of mountainous districts subject to conversion, etc. shall be at least 100,000 square meters.

Article 47(Exemption from restoration obligation) #

In Article 39(3)2 of the Act, "cases where there is no land to be restored, etc., as prescribed by Presidential Decree" means any of the following cases: <Amended on Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Jul. 24, 2008; Apr. 20, 2009; Dec. 7, 2010; Jan. 28, 2011; Aug. 22, 2012; Nov. 11, 2015; Dec. 30, 2016; Jun. 2, 2017; Oct. 30, 2018; Jul. 2, 2019; May 7, 2024>

1. Mountainous districts subject to restoration under Article 39(1) of the Act that can be utilized as forest roads, work roads, or forest paths such as walk trails, hiking trails, or exploration routes, in connection with forest management or forest-related public interest; provided, this shall not apply to mountainous districts that include cut or embanked slopes;

2. Deleted; <Jul. 27, 2007>

3. Where a mountainous district has been converted for the purpose of changing its land category, and there is no site subject to restoration, such as cut or embanked slopes;

4. Where a mountainous district is temporarily used for any of the following purposes without altering its land characteristics (including logging of standing trees or excavation or extraction):

a. Livestock grazing;

b. Buried heritage surface survey under the Act on Protection and Inspection of Buried Heritage;

c. Cultivation of items eligible for support as income sources for forest products under Article 8(1) of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act;

d. Piling up goods;

4-2. In cases involving the felling of trees, cultivation of fruits or medicinal plants among the items eligible for support as sources of income for forest products under Article 8(1) of the Enforcement Decree of the Forestry and Mountain Village Promotion Act (limited to cultivation of trees such as chestnuts, persimmons, and pine nuts);

5. Where a person who has obtained permission for conversion or temporary use of a mountainous district or has notified the conversion or temporary use of a mountainous district is re-granted permission for conversion or temporary use of a mountainous district or the notification of the conversion or temporary use of a mountainous district he or she has filed is accepted, before any measures under the subparagraphs of Article 41 of the Act are taken, and it is deemed unreasonable to restore the mountainous district whose topography has been altered for the intended project. In such cases, exemption from the restoration obligation shall be granted only once;

6. Deleted; <Dec. 16, 2021>

7. Where, in the course of converting or temporarily using a mountainous district, earth and stones are incidentally generated and extracted under a permit for earth and stones extraction, and such extraction is completed prior to the termination of the conversion or temporary use, and it is deemed unreasonable to restore the land before the conversion or temporary use of a mountainous district is concluded. In such cases, the exemption from the restoration obligation shall be limited to the obligation to restore the area covered by the earth and stones extraction permit under Article 39(1)2 of the Act.

Article 50-3(Scope of affairs of persons responsible for site management business) #

(1) The scope of affairs of persons responsible for site management business under Article 46-3(1) of the Act (hereinafter referred to as "on-site management officer") shall be as follows:

1. Matters related to ensuring safety at earth and stones extraction sites;

2. Matters related to the prevention of forest damage to the earth and stones extraction sites;

3. Matters related to measures to prevent natural disasters at the earth and stones extraction sites;

4. Matters related to the reduction of damage from earth and stones extraction, such as an interim recovery plan of an earth and stones extraction site;

5. Matters related to safety education and disaster prevention education for people engaged in earth and stones extraction;

6. Other matters related to safety and disaster prevention at the earth and stones extraction sites.

(2) The deadlines for notification of designation of, and modifications to, on-site management officers shall be as follows:

1. Where an on-site management officer has been designated: Within 30 days from the date of obtaining the earth and stones extraction permit, the date of quarry notification, or the date of acquiring or receiving earth and stones by purchase or gratuitous transfer;

2. In cases of changing the on-site management officers: Within 30 days from the date of changing the on-site management officers.

(3) In cases where a person specified in any subparagraph of Article 46-3(1) of the Act designates or changes an on-site management officer, he or she shall file a notification to the Administrator of the Korea Forest Service, etc. in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, attached with a certificate of employment of the on-site management officer.

(4) In the proviso of Article 46-3(2) of the Act, "a case prescribed by Presidential Decree including a case where the same business entity consecutively obtains permission for extraction of earth or stone" means any of the following cases: <Added on Oct. 17, 2017>

1. In cases where the same business entity receives a permit for earth and stones extraction in accordance with Article 25(1) of the Act;

2. In cases where the same business entity has filed 2 or more quarrying notifications in accordance with Article 30(1) of the Act in the same quarry complex;

3. In cases where the same business entity purchases or receives free donation of earth and stones in accordance with Article 35(1) of the Act.

[This Article Added on Sep. 25, 2015]

Article 50-5(Training period for on-site management officers) #

(1) On-site management officers shall receive at least 34 hours of new training necessary to perform their duties within 6 months from the date of designation or modifications thereof under Article 46-3(1) of the Act.

(2) If a site management officer who received new training under paragraph (1) is designated or modified as an on-site management officer at another earth and stones extraction site within 2 years, he or she shall be deemed to have received new training under paragraph (1).

(3) On-site management officers who have received new training under paragraph (1) or are deemed to have received new training under paragraph (2) shall receive at least 21 hours of continuing education within 6 months before and after the date every 2 years elapse from the date of completion of new training (in the case of field management officers specified in paragraph (2), referring to the date of receiving the original new training).

(4) The education under paragraphs (1) and (3) shall include the following matters:

1. Matters related to disaster prevention and safety management at the earth and stones extraction sites;

2. Matters related to reducing environmental damage from the earth and stones extraction sites and other similar matters;

3. Matters related to the systems and technologies for restoration of the earth and stones extraction sites;

4. Matters related to the system and policies of earth and stones extraction;

5. Matters related to earth and stones extraction technology.

(5) In the proviso of Article 46-3(3) of the Act, "cases prescribed by Presidential Decree, such as cases where a person ... has completed education under Article 7 of the Mining Safety Act" means cases where a person designated or changed for designation as an on-site management officer under Article 46-3(1) of the Act has completed education under Article 7(2) of the Mining Safety Act and Article 8(2)2 or 3 of the Enforcement Decree of that Act by the time specified in each of the following subparagraphs: <Added on Nov. 24, 2020>

1. In case of new or changed designation as an on-site management officer: Within 6 months from the date of designation or changed designation as an on-site management officer;

2. In case of being engaged in the affairs as an on-site management officer: Within 6 months before and after the 2nd anniversary of the date of completion of new training (the original date of new training for on-site management officers specified in paragraph (2)).

(6) The scope of education that can be exempted under the proviso of Article 46-3(3) of the Act shall be the education specified in paragraph (4)1. <Added on Nov. 24, 2020>

(7) A person who falls under any of the subparagraphs of Article 46-3(1) of the Act shall pay the cost of textbooks, lecture fees, and other expenses necessary for training on-site management officers to the training institutions for on-site management officers under Article 50-4. <Amended on Dec. 30, 2016; Nov. 24, 2020>

[This Article Added on Sep. 25, 2015]

Article 52(Delegation of authority) #

(1) In accordance with Article 52(1) of the Act, the Administrator of the Korea Forest Service shall delegate the following authority to the Mayor/Do Governor in the case of a mountainous district of State forests, public forests, or private forests not under the jurisdiction of the Administrator of the Korea Forest Service, and to the head of a Regional Forest Service in the case of a mountainous district of State forests under the jurisdiction of the Administrator of the Korea Forest Service: <Amended on Jan. 9, 2004; Aug. 5, 2005; Jan. 26, 2006; Feb. 1, 2007; Jul. 27, 2007; Jul. 24, 2008; Apr. 20, 2009, Nov. 26, 2009; Dec. 7, 2010; Dec. 17, 2013>

1. Revocation of designation of a conservation mountainous district for public interest under Article 6(3)2 of the Act;

1-2. Revocation of designation of a conservation mountainous district of 30,000 square meters or more but less than 1 million square meters under Article 6(3)3 of the Act;

2. Deleted; <Aug. 22, 2012>

3. Deleted; <Aug. 22, 2012>

3-2. Deleted; <Aug. 22, 2012>

4. Deleted; <Aug. 22, 2012>

5. Deleted. <Aug. 22, 2012>

(2) Deleted. <Dec. 7, 2010>

(3) The Administrator of the Korea Forest Service shall delegate the following authority to the head of a Regional Forest Service under Article 52(1) of the Act: <Amended on Jan. 9, 2004; Aug. 5, 2005; Jan. 26, 2006; Jul. 27, 2007; Apr. 20, 2009; Dec. 7, 2010; Aug. 22, 2012; Dec. 17, 2013; Jun. 2, 2017; Jun. 2, 2020>

1. Consultation on designation or determination of the areas, etc. and consultation on changes thereto, with respect to mountainous districts of the State forest under the jurisdiction of the Administrator of the Korea Forest Service, where the area of mountainous districts under Article 8(1) of the Act (or, in the case of consultations on modifications under the latter part of Article 8(1) of the Act, the area of the mountainous districts to be changed, excluding the area of mountainous districts already consulted upon) is 500,000 square meters or more but less than 2,000,000 square meters (or, in the case of conservation mountainous districts,30,000 square meters or more but less than 1,000,000 square meters);

2. Authority over each of the following matters related to mountainous districts of the State forests under the jurisdiction of the Administrator of the Korea Forest Service, in cases where the area for conversion or temporary use of mountainous districts is 500,000 square meters or more but less than 2,000,000 square meters (or, in the case of conservation mountainous districts, not less than 30,000 square meters but less than 1,000,000 square meters):

a. Permission and consultation for the conversion of mountainous districts under Article 14 of the Act;

b. Permission for the temporary use of mountainous districts and consultation thereon under Article 15-2(1) and (8) of the Act;

c. Deleted; <Jun. 2, 2017>

d. Deleted; <Jun. 2, 2017>

e. Deleted; <Jun. 2, 2017>

2-2. Permission for modifications, acceptance of notification of modifications, consultation on modifications of permission for conversion of a mountainous district under Article 14 of the Act, permission for extension of the period of conversion of a mountainous district under Article 17(2) of the Act (limited to permission for modifications, acceptance of notification of modifications, or consultation on modifications with respect to a mountainous district for which conversion is permitted or consulted on by the head of the relevant regional forest service under Article 14 of the Act, and permission for the extension of the period for conversion of a mountainous district);

2-3. Permission for modifications, acceptance of notifications on modifications, permission for the extension of the period, and consultation on modifications with respect to permission for the temporary use of mountainous districts under Article 15-2(1), (5), and (8) of the Act (limited to permission for modifications, acceptance of notifications of modifications, permission for the extension of the period, and consultation on modifications with respect to mountainous districts for which the temporary use is permitted or consulted on by the head of the relevant Regional Forest Service under Article 15-2(1) and (8) of the Act);

2-4. Revocation of permission for the conversion or temporary use of mountainous districts, suspension of the intended project, removal of facilities, restoration of mountainous districts, and other necessary measures under Article 20 of the Act (limited to an order issued by the head of the relevant Regional Forest Service to revoke permission for the conversion or temporary use of mountainous districts, suspension of the intended project, removal of facilities, restoration of mountainous districts, and other necessary measures regarding mountainous districts, for which conversion is permitted or consulted on by the head of the relevant Regional Forest Service under Article 14 of the Act, or for which temporary use is permitted or consulted on by the head of the relevant Regional Forest Service under Article 15-2(1) and (8) of the Act);

2-5. Approval for alteration of use under Article 21(1) of the Act (limited to approval for alteration of use of a mountainous district, the conversion of use of which is permitted or consulted under Article 14 of the Act, or the temporary use of which is permitted or consulted under Article 15-2(1) and (8) of the Act, by the head of the relevant Regional Forest Service);

3. Designation of relevant specialized institutions or composition of an investigation council and reflection of the results of investigation and examination under Article 18-4(1) of the Act;

4. Sale of earth and stones in mining lots under Article 27(2)1 of the Act;

5. Sale or gratuitous transfer of earth and stones from the State forest mountainous districts under Article 35 of the Act, where the extraction area is 100,000 square meters or more;

6. Termination of contracts for the sale of earth and stones and revocation of gratuitous transfers for an earth and stones extraction site with an area of 100,000 square meters or more within the State forest mountainous districts under Article 36 of the Act;

7. Deleted; <Dec. 17, 2013>

8. Hearing under Article 49 of the Act on delegated matters;

9. Imposition and collection of administrative fines under Article 57 of the Act regarding delegated matters.

(4) In accordance with Article 52(1) of the Act, the Administrator of the Korea Forest Service shall delegate the following authority to the head of a Si/Gun/Gu in the case of a mountainous district of State forests, public forests, or private forests not under the jurisdiction of the Administrator of the Korea Forest Service, and to the head of State Forest Management Office in the case of a mountainous district of State forests under the jurisdiction of the Administrator of the Korea Forest Service; provided, the following authority for mountainous districts of State forests in the Ulleung-gun area shall be delegated to the Director-General of the Southern Regional Forest Service: <Amended on Jan. 9, 2004; Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Apr. 20, 2009; Dec. 7, 2010; May 22, 2012, Aug. 22, 2012; Nov. 11, 2015; Oct. 30, 2018>

1. Implementation of evaluation of mountainous district characteristics in accordance with the latter part, with the exception of the subparagraphs, of Article 6(3) of the Act;

2. Revocation of designation of a conservation mountainous district of less than 30,000 square meters in accordance with Article 6(3)3 of the Act;

3. Deleted; <Aug. 22, 2012>

4. Deleted; <Aug. 22, 2012>

5. Deleted. <Aug. 22, 2012>

6. Deleted; <Aug. 22, 2012>

7. Deleted; <Aug. 22, 2012>

8. Deleted; <Aug. 22, 2012>

9. Deleted; <Aug. 22, 2012>

10. Deleted; <Aug. 22, 2012>

11. Deleted; <Aug. 22, 2012>

12. Deleted; <Aug. 22, 2012>

13. Deleted; <Aug. 22, 2012>

14. Deleted; <Aug. 22, 2012>

15. Deleted; <Aug. 22, 2012>

16. Deleted. <Aug. 22, 2012>

(5) The Administrator of the Korea Forest Service shall delegate the following authority regarding State forests, public forests, or private forests that are not under the jurisdiction of the Administrator of the Korea Forest Service to the head of a Si/Gun/Gu in accordance with Article 52(1) of the Act: <Added on Dec. 17, 2013>

1. Imposition, collection, reduction and exemption, and refund of substitute forest resource development charges under Articles 19 and 19-2 of the Act;

2. Orders for investigation, inspection, and examination, measures necessary for restoration, restoration and execution by proxy, expenditure of costs and deposit of restoration funds;

3. Deposit of restoration costs under Article 38 of the Act;

4. Exemption from interim restoration order and restoration obligation under Article 39(2) and (3) of the Act;

5. Approval of design plans for restoration, approval for modifications thereto, and extension of the period for submitting design plans for restoration under Article 40 of the Act;

6. Acceptance of objection filed under Article 40-2(4) of the Act;

7. Restoration by proxy, cost coverage, and administrative execution under Article 41 of the Act;

8. Restoration completion inspection, order for deposit of defect repair security, and exemption from deposit under Article 42 of the Act;

9. Refund of recovery costs according to Article 43 of the Act;

10. Orders for the demolition of facilities or restoration of mountainous districts under Article 44(1) and (2) of the Act, administrative execution of restoration, and provision of costs (including authority applied pursuant to Article 44(3) of the Act);

11. Order to investigate illegally converted mountainous districts under Article 44-2(1) and (3) of the Act and to take necessary measures based on the results of the investigation;

12. Payment of rewards under Article 46-2 of the Act;

13. Entry into, temporary use of, removal of obstacles and changes to other people's land according to Article 47 of the Act;

14. Compensation for losses under Article 48 of the Act;

15. Hearing under Article 49 of the Act on delegated matters;

16. Imposition and collection of administrative fines under Article 57 of the Act regarding delegated matters.

(6) The Administrator of the Korea Forest Service shall delegate the following authority regarding mountainous districts in the State forest under the jurisdiction of the Administrator of the Korea Forest Service to the head of State Forest Management Office in accordance with Article 52(1) of the Act; provided, the following authority regarding the mountainous areas of State forests in the Ulleung-gun area shall be delegated to the head of the Southern Regional Forest Service: <Amended on Dec. 7, 2010; May 22, 2012; Aug. 22, 2012; Dec. 17, 2013; Sep. 24, 2014; Dec. 31, 2014; Sep. 25, 2015; Jun. 2, 2017; Oct. 30, 2018; Jun. 2, 2020>

1. Consultation on designation or determination of areas, etc. and consultation on changes thereto, with respect to mountainous districts of the State forest under the jurisdiction of the Administrator of the Korea Forest Service, where the area of mountainous district under Article 8(1) of the Act (or, in the case of consultations on modifications under the latter part of Article 8(1) of the Act, the area of the mountainous district to be changed, excluding the area of mountainous districts already consulted upon) is less than 500,000 square meters (or, in the case of conservation mountainous districts, less than 30,000 square meters);

2. Purchase of mountainous districts restricted from conversion or temporary use of mountainous districts under Article 13 and Article 13-2 of the Act;

3. The following authority over a mountainous district, the area for conversion and temporary use of a mountainous district of which is less than 500,000 square meters (less than 30,000 square meters in cases of a conservation mountainous district):

a. Permission and consultation for the conversion of mountainous districts under Article 14 of the Act;

b. Permission for the temporary use of mountainous districts and consultation thereon under Article 15-2(1) and (8) of the Act;

c. Deleted; <Jun. 2, 2017>

d. Deleted; <Jun. 2, 2017>

e. Deleted; <Jun. 2, 2017>

f. Deleted; <Jun. 2, 2017>

3-2. Permission for modifications, acceptance of notification of modifications, consultation on modifications of permission for the conversion of mountainous districts under Article 14 of the Act, permission for the extension of the period for the conversion of mountainous districts under Article 17(2) of the Act (limited to permission for modifications, acceptance of notification of modifications, or consultation on modifications with respect to mountainous districts for which conversion is permitted or consulted on by the head of State Forest Management Office (referring to the head of the Southern Regional Forest Service in cases of mountainous districts of State forests in Ulleung-gun) under Article 14 of the Act, and permission for the extension of the period for the conversion of mountainous districts);

3-3. Permission for modifications, acceptance of notifications on modifications, permission for the extension of the period, and consultation on modifications with respect to permission for the temporary use of mountainous districts under Article 15-2(1), (5), and (8) of the Act (limited to permission for modifications, acceptance of notifications of modifications, permission for the extension of the period, and consultations on modifications with respect to mountainous districts for which temporary use is permitted or consulted on by Director-General of State Forest Management Office (referring to the head of the Southern Regional Forest Service in cases of a mountainous district of a State forest in Ulleung-gun) under Article 15-2(1) and (8) of the Act);

3-4. Acceptance of notifications of the conversion of mountainous districts and notifications of modifications thereof under Article 15 of the Act, consultations thereon, and notifications of modifications of the conversion period under Article 17(2) of the Act;

3-5. Acceptance of notifications of the temporary use of mountainous districts and notifications of modification thereof under Articles 15-2(4), (5), and (8) of the Act, and acceptance of notifications of modifications of the temporary use period and consultations thereon;

3-6. Orders for revocation of permission for the conversion or temporary use of mountainous districts, suspension of the intended project, removal of facilities, restoration to mountainous districts, and other necessary measures under Article 20 of the Act (limited to cases where the head of the competent State forest management office (or the head of the Southern Forest Service in the case of mountainous districts in Ulleung-gun) has granted or consulted on permission for the conversion of mountainous districts under Article 14, accepted or consulted on notifications of conversion of mountainous districts under Article 15, granted or consulted on permission for the temporary use of mountainous districts or accepted or consulted on notifications of the temporary use of mountainous districts under Article 15-2);

3-7. Approval of change of use under Article 21(1) of the Act (limited to cases where the competent Director-General of State Forest Management Office (or the Director of the Southern Regional Office of Forest Service in the case of mountainous districts of a State forest in Ulleung-gun) has granted or consulted on permits for conversion of mountainous districts under Article 14, accepted or consulted on notifications of conversion of mountainous districts under Article 15, or granted or consulted on permits for temporary use of mountainous districts or accepted or consulted on notifications of temporary use of mountainous districts under Article 15-2);

4. Imposition, collection, refund, and reduction and exemption of substitute forest resource development charges under Article 19 and Article 19-2 of the Act;

5. Notifications of quarrying and changes thereto, and notifications of extension of the quarrying period in quarrying complexes under Article 30 of the Act;

6. Sale or gratuitous transfer of earth and stones with an extraction area of less than 100,000 square meters in mountainous districts of State forests under Article 35 of the Act;

7. Termination of the contracts for the sale of earth and stones and revocation of gratuitous transfers in an earth and stones extraction site with an area of less than 100,000 square meters within State forest mountainous districts under Article 36 of the Act;

8. Orders for investigation, inspection, and examination, measures necessary for restoration, restoration and administrative execution by proxy, covering of costs, and deposit of restoration funds;

9. Deposit of restoration costs under Article 38 of the Act;

10. Exemption from interim restoration order and restoration obligation under Article 39(2) and (3) of the Act;

11. Approval of design plans for restoration, approval for modifications thereof, and extension of the period for submitting design plans for restoration under Article 40 of the Act;

12. Acceptance of objection filed under Article 40-2(4) of the Act;

13. Restoration by proxy, covering of costs, and administrative execution under Article 41 of the Act;

14. Restoration completion inspection, orders for defect repair guarantee deposit, and exemption from deposit under Article 42 of the Act;

15. Refund of recovery costs according to Article 43 of the Act;

16. Orders for the demolition of facilities or restoration of mountainous districts under Article 44(1) and (2) of the Act, administrative execution of restoration, and provision of costs (including authority applied mutatis mutandis under Article 44(3) of the Act);

17. Orders to investigate illegally converted mountainous districts under Article 44-2(1) and (3) of the Act and to take necessary measures based on the results of the investigation;

18. Payment of rewards under Article 46-2 of the Act;

18-2. Receipt of notifications on the designation or change of a person responsible for site management business under Article 46-3 of the Act;

19. Access to other persons' land, temporary use of land, removal of obstacles, and alteration thereto under Article 47 of the Act;

20. Compensation for losses under Article 48 of the Act;

21. Hearing under Article 49 of the Act on delegated matters;

22. Imposition and collection of administrative fines under Article 57 of the Act on delegated matters.

(7) Notwithstanding paragraph (1) and (3) through (6), the Administrator of the Korea Forest Service shall delegate authority over the following matters regarding the State forests under the jurisdiction of the Director of the National Arboretum, the Director of the National Forest Seed Management Center, the Director of the National Institute of Forest Science, or the Director of the National Natural Recreation Forest Management Office, in accordance with Article 52(1) of the Act, to the Administrator of the National Arboretum, the Director of the National Forest Seed Management Center, the Director of the National Institute of Forest Science, or the Director of the National Natural Recreation Forest Management Office, according to relevant jurisdiction: <Amended on Jan. 9, 2004; Aug. 5, 2005; Feb. 1, 2007; Jul. 27, 2007; Apr. 20, 2009; Nov. 26, 2009; Dec. 7, 2010; Dec. 17, 2013; Nov. 11, 2015; Jun. 2, 2017; Oct. 30, 2018; Jun. 2, 2020>

1. Implementation of evaluation of mountainous district characteristics in accordance with the latter part, with the exception of the subparagraphs, of Article 6(3) of the Act;

1-2. Revocation of designation of a conservation mountainous district in cases falling under Article 6(3)3 of the Act;

2. Consultation on designation or determination of areas, etc. and consultation on changes thereto, with respect to mountainous districts of the State forest under the jurisdiction of the Administrator of the Korea Forest Service, where the area of mountainous district under Article 8(1) of the Act (or, in the case of consultations on modifications under the latter part of Article 8(1) of the Act, the area of the mountainous district to be changed, excluding the area of mountainous districts already consulted upon) is less than 2 million square meters (or, in the case of conservation mountainous districts, less than 1 million square meters);

2-2. Purchase of mountainous districts restricted from conversion or temporary use of mountainous districts under Article 13 and Article 13-2 of the Act;

3. The following authority over a mountainous district, the area for conversion and temporary use of a mountainous district of which is less than 2 million square meters (less than 1 million square meters in cases of a conservation mountainous district):

a. Permission and consultation for the conversion of mountainous districts under Article 14 of the Act;

b. Receipt of notification of the conversion of mountainous districts and notification of modifications thereof and consultations thereon under Article 15 of the Act;

c. Permission for and consultations on temporary use of mountainous districts, acceptance of notifications for the temporary use of mountainous districts and notifications of modifications thereof, acceptance of notifications for change of the period for the temporary use of mountainous districts and consultations thereon, as provided in Article 15-2(1) through (5) and (8) of the Act;

d. Receipt of notification of change of the period for the conversion of mountainous districts under Article 17(2) of the Act;

e. Deleted; <Jun. 2, 2017>

f. Deleted; <Jun. 2, 2017>

3-2. Permission for modifications, acceptance of notification of modifications, consultation on modifications of permission for the conversion of mountainous districts under Article 14 of the Act, permission for extension of the period of the conversion of mountainous districts under Article 17(2) of the Act (limited to permission for modifications, acceptance of notification of modifications, consultation on modifications, and permission for extension of the period for conversion of mountainous districts with respect to mountainous districts for which conversion is permitted or consulted on the head of the relevant National Arboretum, the head of the National Center for Forest Variety Management, the President of the National Institute of Forest Science, or the head of the National Recreation Forest Management pursuant to Article 14 of the Act);

3-3. Permission for modifications and acceptance of notification of modifications, permission for extension of the period, and consultations on modifications with respect to permission for temporary use of mountainous districts under paragraphs (1), (5), and (8) of Article 15-2 of the Act (limited to permission for modifications, acceptance of notifications of modifications, permission for the extension of period, and consultations on modifications with respect to mountainous districts for which the Director of the National Arboretum, the Director of the National Forest Seed Management Center, the Director of the National Institute of Forest Science, or the Director of the National Natural Recreation Forest Management Office has granted or agreed upon under Article 15-2(1) and (8) of the Act);

3-4. Orders for the revocation of permission for the conversion or temporary use of mountainous districts, suspension of the intended project, removal of facilities, restoration to mountainous districts, and other necessary measures under Article 20 of the Act (limited to cases where the Director of the Korea National Arboretum, the Director of the National Forest Seed Variety Center, the Director of the National Institute of Forest Science, or the Head of the National Recreational Forest Management Office has granted or consulted on the permission for the conversion of mountainous districts under Article 14 of the Act; accepted or consulted on the notification of the conversion of mountainous districts under Article 15 of the Act; or granted or consulted on the permission for temporary use of mountainous districts or on the notification of temporary use of mountainous districts under Article 15-2 of the Act);

3-5. Approval of change of use under Article 21(1) of the Act (limited to cases where the Director of the Korea National Arboretum, the Director of the National Forest Seed Variety Center, the Director of the National Institute of Forest Science, or the Head of the National Recreational Forest Management Office has granted or consulted on the permission for the conversion of mountainous districts under Article 14 of the Act; accepted or consulted on the notification of conversion of mountainous districts under Article 15 of the Act; or granted or consulted on the permission for temporary use of mountainous districts or on the notification of temporary use of mountainous districts under Article 15-2 of the Act);

3-6. Designation of related specialized institutions or composition of investigation council and reflection of results of investigation and review thereof under Article 18-4(1) of the Act;

4. Imposition, collection, refund, and reduction or exemption of substitute forest resource development charges under Article 19 and Article 19-2 of the Act;

4-2. Notifications of quarrying and modifications thereof, and notifications of extension of the quarrying period in quarrying complexes under Article 30 of the Act;

5. Sale and free transfer of earth and stones in mountainous districts of State forests under Article 35 of the Act;

5-2. Rescission of contracts for the sale of earth and stones and revocation of gratuitous transfers in mountainous districts of State forests under Article 36 of the Act;

6. Authority under paragraph (6)6 through 16;

7. Payment of rewards under Article 46-2 of the Act;

8. Deleted; <Dec. 7, 2010>

9. Deleted; <Dec. 7, 2010>

10. Imposition and collection of administrative fines under Article 57 of the Act on delegated matters.

(8) Where a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a Regional Forest service, the head of State Forest Management Office, the head of a national arboretum, the head of the National Forest Seed Variety Center, the president of the National Institute of Forest Science, or the head of a national natural recreation forest management office exercises authority delegated under paragraphs (1) through (7), they shall report the results thereof to the Administrator of the Korea Forest Service, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 9, 2004; Aug. 5, 2005; Jan. 26, 2006; Jul. 24, 2008; Apr. 20, 2009; Mar. 23, 2013>

ENFORCEMENT DECREE OF THE MOUNTAINOUS DISTRICTS MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Land excluded from mountainous districts) #

Article 3(Cultivation of forest products excluded from conversion of mountainous districts) #

Article 3-2(Public notice of master plan for management of mountainous districts) #

Article 3-3(Matters to be included in master plans and regional plans) #

Article 3-4(Survey for formulation of master plan and regional plan) #

Article 3-5(Establishment and operation of mountainous district management information system) #

Article 4(Classification of mountainous districts) #

Article 5(Public notice of designation and revocation of conservation mountainous districts) #

Article 6(Procedures for consultation on designation and determination of the areas, etc. in mountainous districts) #

Article 7(Notification of consultation on designation and determination of the areas, etc. in mountainous districts) #

Article 8(Mountainous districts subject to designation as restricted areas for conversion and temporary use of mountainous districts) #

Article 9(Procedures for designation of restricted areas for conversion or temporary use of mountainous districts) #

Article 10(Permitted activities in restricted areas for conversion or temporary use of mountainous districts) #

Article 11(Revocation of designation of restricted areas for conversion or temporary use of mountainous districts) #

Article 12(Restrictions on activities within mountainous districts for forestry use) #

Article 13(Restrictions on activities within mountainous districts for public interest) #

Article 14(Scope of mountainous districts subject to purchase) #

Article 14-2(Procedures for request for purchase of mountainous districts) #

Article 15(Procedures and examination of permission for conversion of mountainous districts) #

Article 16(Consultation on conversion of mountainous districts) #

Article 17(Notification of conversion of mountainous districts) #

Article 18(Scope of facilities and activities subject to notification of conversion of mountainous districts) #

Article 18-2(Permission for temporary use of mountainous districts) #

Article 18-3(Notification of temporary use of mountainous districts) #

Article 18-4(Period for temporary use of mountainous districts) #

Article 19(Permission for extension of period for conversion of mountainous districts) #

Article 20(Standards for permission for conversion of mountainous district) #

Article 20-2(Targets of feasibility study on conversion of mountainous district) #

Article 20-3(Procedures and standards for feasibility study on conversion of mountainous districts) #

Article 20-4(Disclosure of results of feasibility study on conversion of mountainous districts) #

Article 20-5(Preservation of documents of feasibility study on conversion of mountainous districts) #

Article 20-6(Confirmation of conformity with standards for permission for conversion of mountainous districts) #

Article 21(Substitute forest resource development charges) #

Article 22 #

Article 23(Reduction or exemption of substitute forest resource development charges) #

Article 24(Payment deadline and calculation standards for substitute forest resource development charges) #

Article 25 #

Article 25-2(Refund of substitute forest resource development charges) #

Article 25-3 #

Article 26(Approval for change of use) #

Article 26-2(Special cases on the National Land Planning and Utilization Act) #

Article 26-3(Restrictions on changes in land category of mountainous districts) #

Article 27(Matters for deliberation by the Central Mountainous District Management Committee) #

Article 28(Composition of Central Mountainous District Management Committee) #

Article 29(Operation of Central Mountainous District Management Committee) #

Article 29-2(Establishment and operation of sectoral committees of the Central Mountainous District Management Committee) #

Article 29-3(Exclusion and recusal of member of Central Mountainous District Management Committee) #

Article 30(Expert committee members and secretaries) #

Article 30-2(Matters for deliberation by the Regional Mountainous District Management Committee) #

Article 31(Establishment and operation of regional mountainous district management committee) #

Article 31-2(Establishment and operation of sectoral committees of regional mountainous district management committee) #

Article 31-3(Exclusion and recusal of members of regional mountainous district management committee) #

Article 31-4(Grounds for disqualification) #

Article 32(Procedures and examination of permission for extraction of earth and stones) #

Article 32-2(Earth and stone extraction requiring permission and notification) #

Article 32-3(Restricted area for earth and stone extraction) #

Article 32-4(Exceptions to restrictions on activities in restricted areas for earth and stone extraction) #

Article 33 #

Article 34(Evaluation of economic feasibility of quarrying) #

Article 35(Extraction of earth and stones within mining claim) #

Article 36(Criteria for permission for extraction of earth and stones) #

Article 37(Exceptions to application of criteria for permission for extraction of earth and stones) #

Article 38(Size of natural stones) #

Article 39(Designation of quarry complex) #

Article 40(Notification of quarrying in quarry complex) #

Article 41(Revocation of earth and stones extraction permit) #

Article 42 #

Article 43 #

Article 44(Sale of earth and stones) #

Article 44-2(Korea Quarrying Association) #

Article 45(Prevention of disasters) #

Article 46(Deposit of restoration funds) #

Article 46-2(Interim restoration) #

Article 47(Exemption from restoration obligation) #

Article 48(Approval of restoration design plans) #

Article 48-2(Subjects to supervision for restoration works of mountainous districts) #

Article 49(Exemption from deposit of defect repair guarantee deposit) #

Article 49-2(Investigation of illegally converted mountainous districts) #