Article 16(Classification of State Forests) #
(1) The Minister of the Korea Forest Service shall classify state forests under his or her jurisdiction as state forests subject to conservation and state forests not subject to conservation according to the following standards and manage such forests: <Amended on Jan. 25, 2010; Dec. 2, 2016; Feb. 18, 2020>
1. State forests subject to conservation:
(a) State forests that need conservation for securing woodland for forest management, for developing forestry technologies, and for conducting scientific research;
(b) State forests that need conservation for public interests, such as the protection of historical relics, sacred places, monuments, and tangible cultural heritage, conservation of ecosystems, and protection of water sources;
(c) Other state forests prescribed by Presidential Decree that need conservation;
2. State forests not subject to conservation: State forests, other than permanent state forests.
(2) State forests not subject to conservation designated as either of the following forests shall be deemed state forests subject to conservation: <Amended on Jun. 9, 2009; Dec. 2, 2016>
1. Forests for seed collection and experimental forests designated under the Creation and Management of Forest Resources Act and forest conservation zones designated under Article 7 of the Forest Protection Act;
2. Natural recreational forests designated under the Forestry Culture and Recreation Act and erosion control land designated under the Erosion Control Work Act.
(3) State forests subject to conservation referred to in paragraphs (1) 1 and (2) shall be deemed administrative property specified in Article 6 (2) of the State Property Act, and state forests not subject to conservation referred to in paragraph (1) 2 shall be deemed general property specified in Article 6 (3) of the State Property Act. <Amended on Jan. 30, 2009; Dec. 2, 2016; Feb. 18, 2020>
(4) Where any of the following events occurs with respect to a state forest subject to conservation among state forests under the jurisdiction of the Minister of the Korea Forest Service, he or she may reclassify the relevant state forest as a state forest not subject to conservation in accordance with the standards for reclassification prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Jan. 30, 2009; Jan. 25, 2010; Mar. 27, 2015; Dec. 2, 2016; Dec. 3, 2019; Feb. 18, 2020; Jun. 15, 2021>
1. Where approval for the use of the forest by the head of another central government agency has been consulted pursuant to Article 8 (4) of the State Property Act, and where approval for the use of the forest as a state forest subject to conservation has been withdrawn pursuant to Article 8-2 (1) of the same Act;
1-2. Where the conversion of administration of the forest has been consulted pursuant to Article 16 of the State Property Act;
2. Where necessary for public works performed under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which fall under the projects prescribed by Presidential Decree;
3. Deleted; <Mar. 15, 2015>
4. Where an implementation plan has been approved pursuant to Article 23 of the Regional Development Assistance Act;
5. In circumstances prescribed by Presidential Decree where it is necessary to exchange the forest for a public or private forest for forestry projects implemented by the State;
6. Where the designation of a forest specified under paragraph (2) has been canceled;
7. In circumstances prescribed by Presidential Decree where it is unnecessary to conserve the forest as a state forest subject to conservation for the management and administration of state forests, or it is inevitable to incorporate a state forest subject to conservation into part of a project site in order to implement projects under the provisions of other Acts;
8. Deleted. <Mar. 27, 2015>
9. Where necessary for performing specialization projects under the Act on Special Cases concerning the Regulation of Regulation-Free Special Zones and Special Economic Zones for Specialized Regional Development;
10. Where the Minister of the Korea Forest Service intends to exchange the forest for a public forest owned by a local government on condition that the local government continues managing and conserving state forests necessary for forestry projects in the same manner as state forests subject to conservation are managed and conserved;
11. Where a person has been using the relevant state forest subject to conservation for at least ten years from the date he or she was permitted to use an area not exceeding 20,000 square meters pursuant to Article 21 (1): Provided, That any of the following cases shall be excluded herefrom:
(a) A case falling under any subparagraph of Article 16 (2);
(b) A case falling under any subparagraph of Article 26 (1);
(c) Other cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs where the efficient administration and management of state forests is hindered, such as prohibiting or restricting the reclassification, etc. of state forests under other Acts.
(5) Where a state forest not subject to conservation among state forests under the jurisdiction of the Minister of the Korea Forest Service falls under any item of paragraph (1) 1, he or she may reclassify the relevant state forest as a state forest subject to conservation. <Amended on Mar. 27, 2015; Dec. 2, 2016>