CREATION AND MANAGEMENT OF FOREST RESOURCES ACT

영문법령 불러오는 중…

CREATION AND MANAGEMENT OF FOREST RESOURCES ACT — 법갈피

Article 6-2(Formulation and implementation of afforestation plans) #

(1) The Administrator of the Korea Forest Service shall formulate and implement an afforestation plan every 10 years in consultation with the heads of relevant central administrative agencies.

(2) The afforestation plan shall include the following:

1. Basic goals and direction for the afforestation plan;

2. Matters concerning the performance in, and prospects for, afforestation;

3. Matters concerning afforestation plans for each year;

4. Other matters prescribed by Presidential Decree concerning the afforestation plan.

(3) The Administrator of the Korea Forest Service may modify the afforestation plan if necessary considering the performance in the implementation of the afforestation plan, changes in social, economic, and regional conditions, etc.

(4) In order to use as basic data for formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall conduct a fact-fining survey on afforestation, etc. and shall maintain and manage the current status thereof.

(5) Matters necessary for the formulation, modification, etc. of the afforestation plan under paragraphs (1) and (3) shall be prescribed by Presidential Decree.

(6) The Administrator of the Korea Forest Service shall endeavor to secure financial resources necessary for the implementation of the afforestation plan.

(7) Upon formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall notify the head of a relevant central administrative agency and the Mayor/Do Governor, and submit it to the competent standing committee of the National Assembly.

(8) Upon formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall publish it as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

(9) Where necessary for formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service may request the head of a relevant central administrative agency or Mayor/Do Governor to submit relevant data. In such cases, the head of the relevant central administrative agency or the Mayor/Do Governor in receipt of the request for data shall comply therewith, unless there is good cause.

[This Article Added on Jun. 10, 2022]

Article 9(Establishment of infrastructure for forest management) #

(1) Where deemed necessary to establish the production infrastructure of forests and promote the public utility of forests, the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may install facilities necessary to maintain and protect the functions of forests (hereinafter referred to as "forest management infrastructure"), such as forest roads, facilities for preventing and suppressing forest fires, with the consent of forest owners. <Amended on Jun. 1, 2012>

(2) Where the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus intend to establish forest management infrastructure, they shall assess the propriety of establishment of such infrastructure in comprehensively considering the necessity, suitability, environmental friendliness, etc. of the relevant infrastructure, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>

(3) If necessary to effectively perform the assessment under paragraph (2), the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may organize an assessment committee, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>

(4) In establishing forest management infrastructure, the Administrator of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall design the forest management infrastructure in compliance with the standards prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs and install it according to such design. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>

(5) The scope of forest management infrastructure, procedures for their establishment, management methods, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[This Article Wholly Amended on Dec. 21, 2007]

Article 13(Formulation and authorization of forest management plans) #

(1) The head of a local government shall formulate a forest management plan every 10 years for each public forest owned by the local government and shall manage the public forests according to such plans, as prescribed by Presidential Decree.

(2) The owners of public or private forests (including any persons duly authorized to use such forests or gain profits therefrom; hereinafter the same shall apply), other than the heads of local governments, may formulate a forest management plan, including the management plans for the following 10 years, and submit such plan to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu for authorization, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(3) Forest management plans referred to in paragraph (2) shall be prepared by the forest owners, or by a forest technician prescribed by Presidential Decree among those provided for in Article 8 of the Act on Promotion and Management of Forestry Technology. In such cases, the forest technician may prepare a forest management plan and receive payment therefor within the limits prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 28, 2017>

(4) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a forest management plan submitted for authorization pursuant to paragraph (2) is proper for efficiently creating and managing the relevant forest, he or she shall grant authorization, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such case, a forest management plan for a forest classified as having the function of conserving the natural environment under Article 8(1)3 shall include details suitable for the sustainable conservation of the forest. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(5) When a forest owner intends to amend any important matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs which are included in the forest management plans authorized under paragraph (4), the forest owner shall obtain authorization for such amendment, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) The State or local governments may provide a subsidy or guidance on the management of forests, or accord preferential treatment, in terms of taxation and interest rates, to forest owners whose forest management plans are authorized.

(7) Standards for formulating forest management plans under paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 21, 2007]

Article 14(Implementation of forest management plans) #

(1) A forest owner who has obtained authorization for his or her forest management plan under Article 13(4) shall implement the forest management plan.

(2) Where a forest, the management plan of which is authorized, does not exceed the scale prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, or otherwise it is deemed necessary to efficiently manage such forest, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may encourage the forest owner to allow a forest-specialized organization, such as a forestry cooperative established under the Forestry Cooperatives Act, to manage the forest on behalf of him or her (hereinafter referred to as "management by proxy"), and give priority to subsidizing expenses incurred in relation to the forest managed by proxy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(3) A forest owner or a person who manages a forest by proxy pursuant to paragraph (2) shall report in advance to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu on felling standing timber, etc. under Article 36 which can occur in implementing the forest management plan, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the forest owner shall be deemed to have obtained permission for, or deemed to have reported on felling standing timber, etc. under Article 36. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within five days after receipt of the report filed under the former part of paragraph (3). <Added on Oct. 31, 2017>

(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (4), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>

[This Article Wholly Amended on Dec. 21, 2007]

Article 16(Registration of seeds and seedlings growers) #

(1) Any person who intends to grow forest seeds and forest seedlings designated and publicly notified by the Administrator of the Korea Forest Service for sale shall be registered with the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon meeting the requirements prescribed by Presidential Decree. The same shall also apply where he or she intends to alter any important matters determined by Presidential Decree among the registered matters. <Amended on Jun. 1, 2012; Mar. 11, 2014; Oct. 31, 2017>

(2) Any person registered pursuant to paragraph (1) (hereinafter referred to as "seeds and seedlings grower") shall place a quality mark, such as the origin and standards, on seeds and seedlings for forests he or she has grown before shipping, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where a seeds and seedlings grower falls under any of the following circumstances, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the registration of his or her business, or suspend his or her business for a period not exceeding two years; provided, he or she must revoke the registration of the seeds and seedlings grower if the seeds and seedlings grower falls under subparagraph 1 or 2: <Amended on Mar. 11, 2014; Oct. 31, 2017; Jan. 8, 2019>

1. Where his or her business is registered by fraud or other improper means;

2. Where he or she has conducted the seeds and seedling growing business during the period of business suspension;

3. Where he or she fails to commence the business within one year from the date of registration, or has suspended his or her business for at least one year consecutively without just cause;

4. Where he or she fails to meet the standards for registration referred to in paragraph (1);

5. Where he or she fails to place a quality mark, in violation of paragraph (2);

6. Where he or she fails to comply with an order to halt shipment or to take measures, such as disinfection or discard, issued under Article 67(3).

(4) A person for whom three years have not passed since his or her registration was revoked under paragraph (3) shall not apply for registration under paragraph (1).

(5) Detailed standards for administrative measures referred to in paragraph (3) shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, depending on the type, severity, etc. of each offense. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[This Article Wholly Amended on Dec. 21, 2007]

Article 19(Designation and management of forests for seed collection) #

(1) The Administrator of the Korea Forest Service, or a Mayor/Do Governor may designate forests or trees appropriate for collecting superior seeds for afforestation from among the national or public forests under his or her jurisdiction, as forests for seed collection or plus trees (hereinafter referred to as "forests for seed collection, etc.") for protection and management; and create arboretums for seed collection or for collecting genes necessary for vegetative reproduction, such as felling and grafting, to supply seeds necessary for creating forest resources.

(2) A Mayor/Do Governor may designate private forests or trees appropriate for collecting superior seeds for afforestation as forests for seed collection, etc. for protection and management upon the application of the owners thereof.

(3) The Administrator of the Korea Forest Service, or a Mayor/Do Governor may wholly or partially rescind designation of a forest for seed collection, etc. in any of the following circumstances:

1. Where the objective of designation has been achieved and it is deemed unnecessary to maintain it as a forest for seed collection, etc.;

2. Where the objective of designation is deemed to be unachievable due to any damage caused by a natural disaster, etc.;

3. Where the rescission of designation is deemed inevitable to use it as a site for an educational facility, industrial facility, military facility, or other official or public facilities determined by Presidential Decree.

(4) Upon designating or rescinding designation of a forest for seed collection, etc. pursuant to paragraphs (1) through (3), the Administrator of the Korea Forest Service, or a Mayor/Do Governor shall publicly notify such designation or rescission and inform the forest owner thereof.

(5) The following activities are prohibited within forests for seed collection, etc.; provided, felling timber for forest tending, and extracting and gathering forest products may be done after reporting thereon to the Administrator of the Korea Forest Service, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu to the extent not contrary to the objectives of designation of the forests for seed collection, etc., as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020>

1. Felling standing timber and bamboo;

2. Extracting and gathering forest products;

3. Grazing livestock;

4. Other activities that alter the form and quality of land.

(6) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report filed under the proviso of paragraph (5). <Added on Oct. 31, 2017>

(7) Where the Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (6), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>

(8) The designation and management of forests for seed collection, etc., and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

[This Article Wholly Amended on Dec. 21, 2007]

Article 22(Implementation of forest projects) #

(1) Forest projects shall be implemented by forest owners, but they may be implemented by the State or a local government with the consent of the forest owners if it is deemed necessary for the forest management; provided, if it is deemed necessary to urgently implement forestry projects, such as the removal of damaged standing trees due to the high risk of safety accidents, such as landslides caused by forest fires, and the State or a local government contacted the forest owner with personal information under paragraph (2) but could not obtain the consent of a forest owner due to the circumstances such as the unknown address of the forest owner or the return of mail, etc., the consent of the forest owner may be substituted by giving a public announcement on the details of forestry projects, such as a plan for felling damaged trees, etc. for at least 30 days on the bulletin board and the website of the Special Self-Governing City, a Special Self-Governing Province, or Si/Gun/Gu. <Amended on Mar. 11, 2014; Jun. 20, 2023>

(2) The State or local governments may use the personal information of forest owners falling under any of the following subparagraphs, which is collected and held for the purpose of taxation, etc., if it is inevitable to obtain the consent of forest owners under paragraph (1). In such cases, the State or local governments may use administrative information data matching pursuant to Article 36(1) of the Electronic Government Act: <Added on Mar. 11, 2014, Jun. 20, 2023>

1. Name (in cases of a corporation, referring to the trade name, title, or the name of the representative; hereinafter the same shall apply);

2. Address (including place of domicile);

3. Phone numbers (including mobile phone numbers);

4. A resident registration number (referring to the registration number granted pursuant to Article 49 of the Registration of Real Estate Act in the case of a foreigner, corporation, or unincorporated association or foundation; hereinafter the same shall apply); provided, the foregoing shall not be used if it is possible to obtain the consent of the forest owners using personal information specified in subparagraphs 1 through 3.

(3) Upon receipt of a request necessary for using personal information under paragraph (2), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances. <Added on Oct. 31, 2017; Feb. 18, 2020>

(4) Where the State or a local government intends to implement forestry projects to prevent secondary damage caused by forest fires, landslides, etc. and is unable to obtain the consent of the forest owners by using the personal information referred to in each subparagraph of paragraph (2), it may request the telephone number of the relevant forest owner (including mobile phone numbers) to the facilities-based telecommunications business operator referred to in Article 6 of the Telecommunications Business Act (hereafter referred to as "facilities-based telecommunications business operator" in this Article) as prescribed by Presidential Decree. In such cases, a facilities-based telecommunications business operator who has been requested to provide information shall comply therewith, except in extenuating circumstances. <Added on Jun. 20, 2023>

[This Article Wholly Amended on Dec. 21, 2007]

Article 23(Implementation of forest projects by agents) #

(1) The State or local governments may require a forestry cooperative or the National Forestry Cooperative Federation to perform the following forest projects as an agent or entrust it with such projects: <Amended on Jan. 25, 2010; Nov. 28, 2017>

1. A project to prevent and control, or restore from a mishap, such as forest fungi or harmful insects, landslide, and forest fire;

2. A project that requires design or supervision prescribed in Article 15(3) of the Act on Promotion and Management of Forestry Technology to create, cultivate, and manage forest resources;

3. Other projects prescribed by Presidential Decree, necessary to implement forest policies of the State or local governments.

(2) When a person who has obtained authorization for his or her forest management plan under Article 13(4) fails to implement the forest project as authorized, without just cause, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may require any of the following persons to implement the forest project as an agent, with consent from the relevant forest owner; provided, where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects by an agent, the agent, and other information on the bulletin board and website of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days, in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>

1. A forestry cooperative or the National Forestry Cooperative Federation;

2. Any person who meets the standards prescribed by Presidential Decree and is deemed capable of managing forests, such as a successor to forestry or a model manager of forests (an exemplary forest manager) under Article 17 of the Forestry and Mountain Villages Development Promotion Act.

(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may directly implement necessary forest projects or require any of the persons referred to in paragraph (2) to implement such forest projects as an agent with consent from the owner of a forest, the management plan of which is not authorized under Article 13(4), or which significantly lacks public utility, in terms of purifying air or developing water sources, etc. because such owner has been negligent in implementing necessary forest projects, and which requires a forest project for sustainably conserving and utilizing the forest; provided, where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects as an agent, the agent, and other information on the bulletin board and web-site of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>

(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may implement a forest project without consent from the relevant forest owner when he or she has no enough time to obtain consent from the relevant forest owner for any of the following reasons. In such case, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant forest owner of such fact, without delay: <Amended on Jun. 1, 2012; Oct. 31, 2017; Feb. 18, 2020; Jun. 20, 2023>

1. Where the forest project is urgently required for disease and pest control, etc.;

2. Where preventable damage is anticipated due to natural phenomena, such as landslide, wind, rain, snow, etc. or urgent recovery is to be performed as damage has occurred;

3. Where it is necessary to extinguish forest fires and prevent the spread of forest fires, or where it is urgently necessary to conduct forestry projects because secondary damage, such as landslides is likely to occur in the areas damaged by forest fires;

4. In other cases where there is an urgent need to protect forests, as determined by Presidential Decree.

(5) Expenses for forestry projects under paragraphs (2) and (3) shall be borne by forest owners, and expenses for forestry projects under paragraph (4) shall be borne by the State or local governments.

(6) Procedures for implementing forest projects directly or as agent under paragraphs (2) through (4), and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

[This Article Wholly Amended on Dec. 21, 2007]

Article 23-2(Operation of national forest management associations) #

(1) To efficiently promote projects for national forests, the Administrator of the Korea Forest Service may allow forestry technicians referred to in Article 18 of the Forestry and Mountain Villages Development Promotion Act to organize a national forest management association and perform any of the following projects: <Amended on Mar. 11, 2014; Jan. 8, 2019>

1. A forestation project;

2. A forest-tending project;

3. A project to prevent forest diseases and pests;

4. A project to produce seedling for forests;

5. A project to cut, uproot, or transplant standing trees.

(2) The Administrator of the Korea Forest Service may require a national forest management association to perform the projects referred to in paragraph (1)1,2 and 5 as an agent, or may entrust it with such projects.

(3) A person who intends to organize a national forest management association shall meet the requirements for registration prescribed by Presidential Decree, such as requirements for human sources, and file an application for registration with the Administrator of the Korea Forest Service. The same shall also apply to modifications to the registered matters.

(4) Where a person who applies for registration pursuant to paragraph (3) meets the requirements for registration, the Administrator of the Korea Forest Service shall register him or her as a national forest management association, and issue a certificate of registration to the person, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such case, the national forest management association shall not lend its certificate of registration to any third person. <Amended on Mar. 23, 2013>

(5) Where a national forest management association falls under any of the following cases, the Administrator of the Korea Forest Service may order such association to suspend its business operation within a specified period not exceeding six months, or revoke the registration thereof; provided, where it falls under subparagraphs 1 through 3, he or she shall revoke registration:

1. Where it completes registration, or registration of modification by fraud or other improper means;

2. Where it implements forest projects during the period of business suspension or is issued with an order of business suspension on at least three occasions;

3. Where it lends its certificate to a third person, in violation of the latter part of paragraph (4);

4. Where it disorganizes the national forest management association;

5. Where it fails to meet any of the requirements for registration referred to in the former part of paragraph (3).

(6) Any person for whom three years have not passed since his or her registration was revoked on any of the grounds provided for in paragraph (5)1 through 3 shall be ineligible for registration pursuant to paragraph (3). <Amended on Feb. 18, 2020>

(7) The organization, registration, registration of modification, revocation of registration, and suspension of business of national forest management associations, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>

[This Article Added on Jun. 1, 2012]

Article 23-4(Management of forest projects by proxy) #

(1) In order to efficiently implement forestry projects in public forests or private forests, which are prescribed by prescribed by Presidential Decree, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate an agency or organization prescribed by Presidential Decree, such as a forestry cooperative, to have it conduct management affairs by proxy such as obtaining consents and having consultations with forest owners for the implementation of forestry projects (hereinafter referred to as "proxy management").

(2) Where a person who conducts the management affairs of forestry projects by proxy pursuant to paragraph (1) (hereinafter referred to as "management agent") falls in any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation thereof or issue an order to fully or partially suspend the management affairs performed by proxy for a specified period not exceeding 6 months; provided, in cases of subparagraph 1, he or she shall revoke the designation thereof:

1. Where he or she has been designated as a management agent by fraud or other improper means;

2. Where he or she fails to comply with the guidance and supervision of the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under paragraph (3);

3. Where he or she fails to submit a report or materials or falsely submits them, or interferes with or refuses an investigation or inspection under Article 67(1);

4. Where he or she makes a request falsely or by other unlawful means, by significantly increasing the expenses necessary for performing the management affairs by proxy (hereafter referred to as "fees" in this Article);

5. Cases equivalent to those referred to in subparagraphs 2 through 4, which are prescribed by Presidential Decree.

(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall guide and supervise the management agent.

(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu commissions him or her to perform management affairs by proxy pursuant to paragraph (1), he or she shall pay fees prescribed by the municipal ordinance of the relevant local government to the management agent within the scope prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

(5) Matters necessary for the criteria for qualification of management agents under paragraph (1), procedures for designation, scope of duties, payment of fees under paragraph (4) and others shall be prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

[This Article Added on Dec. 27, 2022]

Article 24(Registration of forest project corporations) #

(1) A person who intends to implement a forest project shall file an application for registration with the competent Mayor/Do Governor by each type of forest project prescribed by Presidential Decree, upon meeting all of the following requirements. Where he or she modifies important matters prescribed by Presidential Decree, from among the registered matters, he or she shall file an application to register such modification within the period prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs: <Amended on Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 11, 2014; Jan. 8, 2019>

1. A corporation incorporated under the Civil Act, a cooperative, or the federation of cooperatives defined in Article 2 of the Framework Act on Cooperatives;

2. Requirements prescribed by Presidential Decree, such as technological capability and capital.

(2) When an applicant for registration under paragraph (1) fully meets the requirements for registration, the competent Mayor/Do Governor shall register him or her as a corporation entitled to implement forest projects (hereinafter referred to as "forest project corporation"), and issue him or her a certificate of registration, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 29, 2011; Mar. 23, 2013>

(3) Upon having registered a forest project cooperation pursuant to paragraph (2), the competent Mayor/Do Governor shall publicly notify such registration. <Amended on Mar. 29, 2011>

(4) No forest project corporation shall lend its certificate of registration to any third person.

(5) Procedures for registering forest project corporations or any modification thereto, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) The Administrator of the Korea Forest Service may formulate and implement policies necessary to foster forest project corporations registered pursuant to paragraph (2). <Added on Mar. 29, 2011>

(7) Notwithstanding paragraph (1), the following entities may implement forest projects without being registered as a forest project corporation: <Added on Mar. 11, 2014; Jan. 8, 2019>

1. The State or local governments;

2. Forest owners;

3. Forestry cooperatives or the National Forestry Cooperatives Federation;

4. National forest management associations established pursuant to Article 23-2;

5. A person prescribed by Presidential Decree among timber producers registered under Article 24 of the Act on the Sustainable Use of Timbers (limited to felling standing timber to produce timber, excluding felling standing timber for forest-tending and preventing forest diseases and pests);

6. A person who has a tree hospital registered under Article 21-9 of the Forest Protection Act (limited to where a project for preventing forest diseases and pests is conducted for trees).

[This Article Wholly Amended on Dec. 21, 2007]

Article 25(Revocation of registration of forest project corporations) #

(1) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may order the forest project corporation to make a correction within a prescribed period: <Amended on Jan. 25, 2010; Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Feb. 18, 2020>

1. Where it fails to commence any ordered forest project without good cause pursuant to the schedule of project progress;

2. Where there is concern over the improper implementation of construction works due to its failure to implement the relevant forest project conscientiously, based on the result of confirmation by the ordering organization;

2-2. Where it fails to file an application for registration of any modification to important matters pursuant to the latter part, with the exception of the subparagraphs, of Article 24(1) within the period prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs;

3. Where it fails to file a report, submit materials, or refuses an investigation or inspection, in violation of Article 67(1).

(2) If a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may suspend its business operation for a period not exceeding six months, or impose a penalty surcharge not exceeding 50 million won, in lieu of suspension of business: <Amended on Mar. 29, 2011>

1. Where it fails to satisfy any of the requirements for registration under Article 24(1);

2. Where it fails to comply with a corrective order issued under paragraph (1).

(3) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor shall revoke its registration and publicly notify the fact; provided, in the case of subparagraphs, when a forest project for which procedures for disposition is pending on any of the grounds prescribed in subparagraphs 1 through 3 discontinues its business before the procedures for disposition are completed, he or she shall not revoke its registration until such procedures for disposition are completed: <Amended on Mar. 29, 2011; Jun. 1, 2012>

1. Where it is registered by fraud or other improper means;

2. Where it lends its certificate of registration to any third person, in violation of Article 24(4);

3. Where it implements a forest project during a period of business suspension, or is subject to business suspension on at least three occasions;

4. Where it discontinues its business.

(4) Any corporation for which three years have yet to elapse after its registration is revoked on any ground prescribed in paragraph (3)1 through 3 shall be ineligible for registration pursuant to Article 24(1).

(5) Where a person on whom a penalty surcharge is imposed under paragraph (2) fails to pay it by the payment due date, the relevant Mayor/Do Governor shall collect it in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Feb. 18, 2020; Mar. 24, 2020>

(6) Detailed standards for administrative measures referred to in paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offenses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

[This Article Wholly Amended on Dec. 21, 2007]

Article 28(Designation of special forest project zones) #

(1) A forest owner who intends to perform a long-term project for developing and cultivating a forest on a large scale (hereinafter referred to as "special forest project operator") may prepare a plan to manage a special forest project zone (hereinafter referred to as "special forest project plan"), and file an application with the Administrator of the Korea Forest Service or the competent Mayor/Do Governor, for designation of the relevant area as a special forest project zone. <Amended on Jun. 1, 2012>

(2) Where the following applies to the forest for which an application is filed pursuant to paragraph (1), and the details of the special forest project plan are deemed proper, the Administrator of the Korea Forest Service or the competent Mayor/Do Governor may designate the relevant area as a special forest project zone following consultation with the Minister of Environment: <Amended on Jun. 1, 2012>

1. The area of the forest shall be at least the scale determined by Presidential Decree;

2. The area of the land planned for the forest project, and the land available for forest management shall meet the standards determined by Presidential Decree.

(3) When the Administrator of the Korea Forest Service or a Mayor/Do Governor designates an area as a special forest project zone pursuant to paragraph (2), he or she shall publicly notify the location of the relevant forest, the name of the forest owner, and other matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs and inform the relevant forest owner thereof. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>

(4) If a special forest project operator deems it necessary to promote efficiency in managing the relevant special forest project zone, he or she may operate his or her forest project simultaneously with any of the following: <Amended on Jan. 8, 2019>

1. Projects to create a nature recreational forest or an arboretum;

2. Youth training projects;

3. Projects for testing, research, development, and dissemination of forestry technology;

4. Projects to develop a foundation for settling residents in farming and mountain village, or to create sources of their income from forests;

5. Projects to cultivate landscape trees and bonsai trees;

6. Projects to develop and manage woodland burial grounds defined in subparagraph 14 of Article 2 of the Act on Funeral Services.

(5) A forest management plan authorized under Article 13(4), or a State forest management plan formulated under Article 8 of the State Forest Administration and Management Act regarding any forest designated as a special forest project zone shall become invalid on the date the special forest project zone is designated.

(6) When a special forest project operator intends to amend any content of his or her special forest project plan, he or she shall obtain approval therefor from the Administrator of the Korea Forest Service or the competent Mayor/Do Governor. <Amended on Jun. 1, 2012>

(7) When a special forest project operator conducts a forest project pursuant to the special forest project plan within a special forest project zone designated under paragraph (2), he or she shall be deemed to have obtained permission for, or to have reported, on felling of standing timber, etc. under Article 36.

(8) Where a special forest project operator intends to conduct a forest project pursuant to the special forest project plan, the Administrator of the Korea Forest Service or a Mayor/Do Governor may provide a loan or subsidy to cover all or part of the project expenses. <Amended on Jun. 1, 2012>

(9) Standards for preparing special forest project plans, and other necessary matters, shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 21, 2007]

Article 34(Formulation of master plans for forest science and technology) #

(1) The Administrator of the Korea Forest Service shall formulate and implement a master plan every 10 years for forest science and technology, as prescribed by Presidential Decree, to promote the research and development of forest science and technology related to creating, developing, and utilizing forest resources; promoting public utility of forest resources; etc.

(2) The Administrator of the Korea Forest Service shall manage and evaluate research and development projects for forest science and technology and utilize outcomes of the projects according to the relevant master plan for forest science and technology formulated under paragraph (1). <Added on Dec. 2, 2016>

(3) The Administrator of the Korea Forest Service may permit national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to jointly conduct the research and development of forest science and technology referred to in paragraph (1). <Amended on Dec. 2, 2016; Oct. 31, 2017>

(4) The Administrator of the Korea Forest Service may grant a contribution or subsidy to national or public research institutes, universities, colleges, enterprises, local governments, government-funded research institutes, etc. to use it for conducting joint research referred to in paragraph (3). <Amended on Jan. 25, 2010; Dec. 2, 2016; Oct. 31, 2017>

(5) Joint research projects referred to in paragraph (3), and other matters necessary for conducting such joint research projects shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016>

(6) The Administrator of the Korea Forest Service may authorize the Korea Forestry Promotion Institute established under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act (hereinafter referred to as the "Korea Forestry Promotion Institute") to perform, on its behalf, duties to manage, evaluate, and utilize the outcomes, of the research and development projects for forest science and technology referred to in paragraph (2), where deemed necessary to efficiently implement such research and development projects for forest science and technology. <Added on Dec. 2, 2016>

(7) Any person who performs duties on behalf of the Korea Forest Service pursuant to paragraph (6) shall report results of performing the duties to the Administrator of the Korea Forest Service each year, as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs. <Added on Dec. 2, 2016>

[This Article Wholly Amended on Dec. 21, 2007]

Article 36(Permission and reporting of felling standing timber) #

(1) Any person who intends to fell standing timber or to extract and gather forest products (excluding stones, earth, and sand defined in subparagraphs 4 and 5 of Article 2 of the Mountainous Districts Management Act; hereafter in this Article the same shall apply) (hereinafter referred to as "felling standing timber, etc."; hereinafter the same shall apply) within any forest (excluding forests for seed collection, etc. designated under Article 19 and forest protection zones designated under Article 7 of the Forest Protection Act; hereafter the same shall apply in this Article) shall obtain permission from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. This shall also apply where he or she intends to alter any important matters prescribed by Presidential Decree, among the permitted matters. <Amended on Feb. 29, 2008; Jun. 9, 2009; May 31, 2010; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017>

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall not grant permission to fell standing timber, etc. under paragraph (1) within the areas prescribed by Presidential Decree, in which forests need protection to preserve the national land and nature; to protect national heritage under Article 3 of the Framework Act on National Heritage and key facilities of the State; and to promote public interests; provided, the foregoing shall not apply to felling standing timber, etc. on the grounds prescribed by Presidential Decree, including prevention and control of diseases and pests. <Amended on Oct. 31, 2017; Feb. 18, 2020; May 16, 2023>

(3) Upon receipt of an application for permission to fell standing timber, etc. under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall grant permission, if deemed appropriate in consideration of the matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, such as the purposes of such felling, and the appropriateness of felling relevant things. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office has obtained a permit under paragraph (3) and has cut down timbers by minimizing the possible hazard to the ecology, scenery, and risk of disasters, part of the proceeds expected on the premise of the sale of the standing trees left in the felling area may be provided as subsidies within the budget, as prescribed by Presidential Decree. <Added on Dec. 27, 2022>

(5) Notwithstanding paragraph (1) and the proviso of paragraph (2), a person who intends to fell standing timber, etc. on the grounds prescribed by Presidential Decree, such as removing trees damaged by fungi, harmful insects, a forest fire, or any other natural disaster, may do so after reporting such activity to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest service, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Dec. 27, 2022>

(6) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the applicant of whether the permit or report has been accepted within 30 days from the date of receipt, upon receipt of an application for permission under paragraph (1) and the proviso of paragraph (2) or upon receipt of a report filed under paragraph (5). In such cases, when he or she receives the result of the preliminary feasibility study under Article 36-4(2), he or she shall notify the applicant of whether permission is granted, within 7 days from the date of receipt of the result. <Added on Dec. 27, 2022>

(7) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service fails to notify the applicant of grant or denial of permission; of acceptance or rejection of a report; or an extension of the processing period permitted pursuant to statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (6), the permission or report shall be deemed granted or accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017; Dec. 27, 2022; Oct. 31, 2023>

(8) Notwithstanding paragraph (1), the proviso of paragraph (2), and paragraph (5), felling standing timber, etc. prescribed by Presidential Decree, such as mowing, pruning, and thinning for growing young trees, may be performed without permission or reporting thereon. <Amended on Oct. 31, 2017; Dec. 27, 2022; Oct. 31, 2023>

(9) Where permission is granted to fell standing timber, etc. or such felling is reported pursuant to paragraph (1), the proviso of paragraph (2), and paragraph (5), a report on the temporary use of a mountainous district shall be deemed filed under Article 15-2 of the Mountainous Districts Management Act in relation to opening a road for transporting forestry products and logging roads necessary for felling standing timber, etc. <Amended on May 31, 2010; Mar. 11, 2014; Oct. 31, 2017; Dec. 27, 2022; Oct. 31, 2023>

(10) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service shall verify and inspect whether felling standing timber, etc. under paragraph (1), the proviso of paragraph (2), and paragraph (5) has been appropriately performed, as permitted or reported, and the road for transporting forestry products and logging roads opened under paragraph (9) have been appropriately restored. <Added on Mar. 11, 2014; Oct. 31, 2017; Dec. 27, 2022; Oct. 31, 2023>

(11) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest service may authorize any of the following entities to conduct inspections and verifications under paragraph (10) on his or her behalf: <Added on Mar. 11, 2014; Dec. 2, 2016; Oct. 31, 2017; Nov. 28, 2017; Dec. 27, 2022; Oct. 31, 2023>

1. A forestry cooperative or the National Forestry Cooperative Federation;

2. A professional engineer office in the fields of forestry referred to in the Professional Engineers Act;

2-2. An engineering business entity in the specialized fields of forestry referred to in the Engineering Industry Promotion Act;

3. The Korea Forestry Promotion Institute;

4. A non-profit corporation related to creating and fostering forest resources under Article 32 of the Civil Act.

[This Article Wholly Amended on Dec. 21, 2007]

Article 38(Management of corporate forests) #

(1) A person who uses or processes forest products, and intends to conduct a business prescribed by Presidential Decree may manage a corporate forest for the supply of raw materials.

(2) A person who intends to manage a corporate forest shall prepare a corporate forest management plan and obtain designation of a corporate forest management zone from the Mayor/Do Governor having jurisdiction over the location of the relevant forest, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>

(3) Upon receipt of an application for designation under paragraph (2), a Mayor/Do Governor shall designate the relevant area as a corporate forest management zone unless any of the following applies to the forest applied for designation. In such cases, where a State forest is included in the corporate forest management zone, he or she shall seek consultation with the head of the relevant regional forest office:

1. Where the area of the forest is less than 30,000 square meters;

2. Where the applicant fails to obtain a proprietary right, or right of use or beneficiary right to the relevant forest for the period of the relevant forest management plan or longer (in cases of State forests, referring to where he or she fails to obtain permission for lease or use);

3. Where the contents of the relevant corporate forest management plan are deemed inappropriate for efficiently creating and managing the relevant forest;

4. Where the application violates any of the restrictions imposed under this Act or other statutes or regulations.

(4) Upon designating a corporate forest management zone pursuant to paragraph (3), the Mayor/Do Governor shall publicly notify matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, such as the location of the relevant forest and the name of the corporate forest owner, and inform the corporate forest owner of such designation. <Amended on Mar. 23, 2013>

(5) The right timing for felling trees by type of trees and standards for felling and extraction in forests designated as corporate forest management zones under paragraph (3) shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013; Oct. 31, 2017>

(6) Authorization of a forest management plan pursuant to Article 13(4) or approval of a State forest management plan pursuant to Article 9(2) of the State Forest Administration and Management Act shall be deemed granted for a forest in an area designated as a corporate forest management zone.

(7) A person who intends to conduct a business that requires felling of standing trees, etc. in a corporate forest management zone shall report thereon to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the relevant regional forest office. In such cases, he or she shall be deemed to have obtained permission, or have reported to fell standing trees, etc. <Amended on Oct. 31, 2017>

(8) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report under the former part of paragraph (7). <Added on Oct. 31, 2017>

(9) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (8), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>

(10) A person who manages a corporate forest shall obtain approval from the Mayor/Do Governor to modify the corporate forest management plan. <Amended on Oct. 31, 2017>

(11) Article 13(3) shall apply mutatis mutandis to the preparation of corporate forest management plans pursuant to paragraph (2). <Amended on Oct. 31, 2017>

[This Article Wholly Amended on Jun. 1, 2012]

Article 41(Recommendation for import of forest products) #

(1) Persons intending to import forest products at the concession tariff rates applicable to the market access quota from the Republic of Korea's Schedules of Concessions, pursuant to the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall obtain a recommendation from the Administrator of the Korea Forest Service on the imported items, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the recommended volume and standards for recommendation by items, and other necessary matters regarding recommendation shall be determined and publicly notified by the Administrator of the Korea Forest Service. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Administrator of the Korea Forest Service may require the National Forestry Cooperatives Federation and other forest-specialized organizations or distribution-related organizations to perform duties regarding recommendations for import of forest products referred to in paragraph (1) as agent.

(3) The Administrator of the Korea Forest Service may, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, impose and collect import profits within the limits of the difference between domestic selling prices and import prices from those who import the forest products determined by Decree of the Ministry of Agriculture, Food, and Rural Affairs among those referred to in paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Import profits referred to in paragraph (3) shall be deposited into the Special Accounts of Structural Improvement of Agricultural and Fishing Villages under the Act on the Special Account for Agriculture and Fisheries Structure Adjustment, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 11, 2014>

(5) If import profits referred to in paragraph (3) are not paid by the payment due date, such import profits may be collected in the same manner as delinquent national taxes are collected.

[This Article Wholly Amended on Dec. 21, 2007]

Article 42-3(Formulation of master plans for forest restoration) #

(1) The Administrator of the Korea Forest Service shall formulate and implement a master plan for forest restoration (hereinafter referred to as "master plan") every 10 years in order to efficiently promote forest restoration.

(2) A master plan referred to in paragraph (1) shall include the following:

1. The basic objectives of forest restoration and the direction-setting for implementation thereof;

2. The policies for promoting forest restoration;

3. Matters concerning the sites subject to forest restoration (referring to forests prescribed in Article 4), the forest restoration project and its follow-up management;

4. Matters concerning information management related to forest restoration;

5. Matters concerning nurturing technical personnel for forest restoration;

6. Matters concerning international exchange of forest restoration technology;

7. Other matters for promoting forest restoration.

(3) In cases of drastic changes in conditions surrounding forest restoration, economic conditions, etc., the Administrator of the Korea Forest Service may amend a master plan referred to in paragraph (1).

(4) Where the Administrator of the Korea Forest Service intends to formulate or amend a master plan pursuant to paragraphs (1) and (3), he or she shall hear opinions of the heads of the relevant central administrative agencies and the heads of the competent local governments in advance.

(5) The Administrator of the Korea Forest Service shall formulate and implement an annual implementation plan based on a master plan (hereinafter referred to as "implementation plan") and endeavor to secure financial resources necessary therefor.

(6) Where the Administrator of the Korea Forest Service formulates or amends a master plan or an implementation plan, he or she shall notify it to the heads of the relevant central administrative agencies and the heads of local governments and submit it to the competent standing committee of the National Assembly.

(7) Where the Administrator of the Korea Forest Service formulates or amends a master plan or an implementation plan, he or she shall announce it as prescribed by Presidential Decree.

(8) Where it is necessary to formulate a master plan or an implementation plan, the Administrator of the Korea Forest Service may request the heads of the relevant central administrative agencies or the heads of local governments to submit relevant data. In such cases, the heads of the relevant agencies in receipt of such request to submit data shall comply therewith, unless there is a compelling reason not to do so.

(9) The head of a local government and the head of a regional forest service shall formulate and implement an annual regional plan for forest restoration (hereinafter referred to as "regional plan") for regions under his or her jurisdiction according to an implementation plan referred to in paragraph (5).

(10) Matters necessary for formulating, implementing, amending, etc. a master plan, implementation plan, or regional plan shall be prescribed by Presidential Decree.

[This Article Added on Jan. 8, 2019]

Article 42-8(Follow-up monitoring of forest restoration sites) #

(1) After completing a forest restoration project, the Administrator of the Korea Forest Service and the head of a local government shall monitor the relevant forest restoration project for at least 10 years regarding the achievement of its restoration goal, vegetation resilience, etc.; provided, the foregoing shall not apply to a forest restoration site below the scale prescribed by Presidential Decree.

(2) For the purpose of follow-up monitoring prescribed in paragraph (1), the Administrator of the Korea Forest Service may designate any of the following institutions or organizations as a monitoring institution: <Amended on Oct. 31, 2023; Jan. 2, 2024>

1. The Korea Arboreta and Gardens Institute established under Article 18-19 of the Act on the Creation and Furtherance of Arboretums and Gardens;

2. Institutions specialized in mountainous areas under Article 18-2(1) of the Mountainous Districts Management Act;

3. Other institutions or organizations recognized by the Administrator of the Korea Forest Service as having met the standards prescribed by Presidential Decree, such as professional manpower and an organization exclusively in charge of performing post-monitoring duties.

(3) Matters necessary for the criteria, procedures, methods, details, etc. for follow-up monitoring referred to in paragraph (1) shall be prescribed by Presidential Decree.

(4) The Administrator of the Korea Forest Service shall evaluate the performance records of monitoring institutions designated pursuant to paragraph (2) every 2 years. <Added on Oct. 31, 2023>

(5) Where a monitoring institution designated pursuant to paragraph (2) falls under any of the following subparagraphs, the Administrator of the Korea Forest Service may order correction or revoke the designation thereof, as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs; provided, in cases falling under subparagraph 1, the designation shall be revoked: <Added on Oct. 31, 2023>

1. Where the support center has been designated or operated by fraud or other improper means;

2. In case of violation of the standards, procedures, methods, and content, etc. according to paragraph (3);

3. Where the Administrator of the Korea Forest Service deems it inappropriate to maintain a monitoring institution continuously as a result of evaluating the operational performance of the monitoring institution pursuant to paragraph (4);

4. In other cases where the Administrator of the Korea Forest Service deems that there is no need to maintain the monitoring institution.

(6) The Administrator of the Korea Forest Service shall not designate an institution or organization the designation of which is revoked pursuant to paragraph (5) as a monitoring institution within 1 year from the date the designation is revoked; provided, where the designation is revoked on the grounds of paragraph (5)1, the Administrator of the Korea Forest Service shall not designate it as a monitoring institution within 3 years from the date the designation is revoked. <Added on Oct. 31, 2023>

(7) Matters necessary for the standards, procedures, methods, etc. for evaluating the operational performance of a monitoring institution under paragraph (4) shall be prescribed by Presidential Decree. <Added on Oct. 31, 2023>

[This Article Added on Jan. 8, 2019]

Article 42-11(Designation of forest restoration support center) #

(1) The Administrator of the Korea Forest Service may designate any of the following institutions or organizations as a forest restoration support center (hereinafter referred to as "support center") in order to develop, support, etc. forest restoration policies:

1. An institution or organization referred to in Article 42-8(2);

2. A public institution referred to in Article 4 of the Act on the Management of Public Institutions which is prescribed by Presidential Decree for being deemed necessary by the Administrator of the Korea Forest Service.

(2) The Administrator of the Korea Forest Service may entrust the following affairs to a support center: <Amended on Oct. 31, 2023>

1. Development of and support for forest restoration policies;

2. Investigation, analysis, and management of damaged land, and information build-up and operation;

3. Research and development and support, including standardizing forest restoration technology and developing manuals;

4. On-site consulting and monitoring of forest restoration projects;

5. Matters concerning exchange and cooperation related to forest restoration, and entry into overseas markets;

6. Other matters deemed necessary by the Administrator of the Korea Forest Service to support forest restoration projects.

(3) In any of the following cases, the Administrator of the Korea Forest Service shall revoke the designation of a support center referred to in paragraph (1):

1. Where the support center has been designated or operated by fraud or other improper means;

2. Where it is recognized that it will be difficult to achieve the designated purpose of the support center or it is inappropriate to maintain the support center as a result of evaluating its performance records;

3. In other cases where the Administrator of the Korea Forest Service deems that there is no need to maintain the support center.

(4) Deleted. <Oct. 31, 2023>

(5) The Administrator of the Korea Forest Service may subsidize necessary expenses incurred in performing duties for a support center.

(6) Matters necessary for the procedures for designating and revoking the designation of a support center, evaluation of its operational performance, etc. shall be prescribed by Presidential Decree.

[This Article Added on Jan. 8, 2019]

Article 42-12(Designation of supply center for native plant seeds) #

(1) The Administrator of the Korea Forest Service may designate an institution that meets the requirements prescribed by Presidential Decree for the smooth supply of native plants related to forest restoration under Article 42-9(2) (referring to native plants under paragraph (1) of the same Article; hereinafter the same shall apply) as a supply center for native plant seeds. (hereinafter referred to as the "supply center").

(2) The Administrator of the Korea Forest Service may entrust the following affairs to a support center:

1. Collection, proliferation, storage and production of native plant seeds;

2. Certification mark of native plant seeds under Article 42-14(3);

3. Management of records of native plant seeds under Article 42-16;

4. Composition, operation, and management of regional consultative bodies for the production and supply of native plant seeds;

5. Development of technical support and educational programs for the production of native plant seeds;

6. Other matters deemed necessary by the Administrator of the Korea Forest Service for the production and supply of native plant seeds.

(3) Matters necessary for the composition, operation, management, etc. of a regional consultative body under paragraph (2)4 shall be prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

(4) The Administrator of the Korea Forest Service may subsidize necessary expenses incurred in performing duties for a support center.

(5) The Administrator of the Korea Forest Service shall evaluate the operational performance of a supply center every two years.

(6) Where a support center falls under any of the following subparagraphs, the Administrator of the Korea Forest Service may order correction or revoke the designation thereof, as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs; provided, in cases falling under subparagraph 1, the designation shall be revoked:

1. Where the support center has been designated or operated by fraud or other improper means;

2. Where he or she violates the certification mark and management of records under paragraph (2)2 and 3;

3. Where the Administrator of the Korea Forest Service deems it inappropriate to maintain a supply center continuously as a result of evaluating the operational performance of the supply center pursuant to paragraph (5);

4. In other cases where the Administrator of the Korea Forest Service deems that there is no need to maintain the support center.

(7) The Administrator of the Korea Forest Service shall not designate a supply center the designation of which is revoked pursuant to paragraph (6) as a supply center within 1 year from the date the designation is revoked; provided, where the designation is revoked on the grounds of paragraph (6)1, the Administrator of the Korea Forest Service shall not designate it as a supply center within 3 years from the date the designation is revoked.

(8) Matters necessary for the standards, procedures, methods, etc. for evaluating the operational performance of a supply center under paragraph (5) shall be prescribed by Presidential Decree.

[This Article Added on Oct. 31, 2023]

Article 47(Designation of experimental forests) #

(1) The Administrator of the Korea Forest Service or a Mayor/Do Governor may designate forests suitable for developing forest science and technology or using them for testing and research purposes, as experimental forests. <Amended on Mar. 11, 2014>

(2) The Administrator of the Korea Forest Service or a Mayor/Do Governor who has designated an experimental forest shall endeavor to protect and manage the experimental forest to serve the objectives of such designation, and may designate a manager if deemed necessary for managing such experimental forest. <Amended on Mar. 11, 2014>

(3) The Administrator of the Korea Forest Service or a Mayor/Do Governor may issue orders necessary for protecting and managing an experimental forest to the owner or manager of the experimental forest, and subsidize such protection and management, as prescribed by Presidential Decree. <Amended on Mar. 11, 2014>

(4) The Administrator of the Korea Forest Service or a Mayor/Do Governor may wholly or partially rescind designation of an experimental forest if: <Amended on Mar. 11, 2014>

1. It is deemed unnecessary to maintain it as an experimental forest, because the objectives of designation have been achieved;

2. It is deemed that the objectives of designation have become unachievable due to any damage caused by a natural disaster, etc., or any other cause determined by Presidential Decree;

3. It is deemed inevitable to rescind designation to use the experimental forest as a site for military facilities, or other official or public facilities determined by Presidential Decree, or for public interests.

(5) Upon designating an experimental forest or rescinding designation of such experimental forest under paragraphs (1) and (4), the Administrator of the Korea Forest Service or the Mayor/Do Governor shall publicly notify the fact and inform the relevant owners and managers thereof. <Amended on Mar. 11, 2014>

(6) Procedures for the designation, management, and rescission of designation of experimental forests, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>

(7) Article 19(5) of this Act, and Articles 10(3) and 12 of the Forest Protection Act shall apply mutatis mutandis to the management of experimental forests, compensation paid for any loss thereto, etc.

[This Article Wholly Amended on Jun. 9, 2009]

Article 58(Green Fund) #

(1) The Administrator of the Korea Forest Service shall establish a fund to promote the environment functions of forests (hereinafter referred to as the "Green Fund") to support projects funds and expenses incurred in protecting the forest environment; promoting forest functions; and developing overseas forest resources.

(2) The Green Fund shall be managed and administered by the Administrator of the Korea Forest Service.

(3) The Green Fund shall be established with the following financial resources:

1. Contributions from persons, other than the Government;

2. Proceeds from the sale of lottery tickets, distributed under Article 23(1) of the Lottery Tickets and Lottery Fund Act;

3. Revenues from the management of the Green Fund;

4. Other revenues prescribed by Presidential Decree.

(4) The Green Fund may be used for the following projects to promote the environmental functions of forests and to develop overseas forest resources: <Amended on Mar. 27, 2015; Jan. 8, 2019; Jun. 9, 2020>

1. Improving the forest environment to supply clean water;

2. Creating forests and urban forests to prevent environmental pollution and to preserve scenery;

3. Building and operating facilities for forest activities of youth, etc. and conducting other related education and public relations;

4. Creating and operating arboretums, recreational forests, and woodland burial grounds;

5. Educating persons engaging in forestry and promoting their welfare in relation to the promotion of the environmental functions of forests;

6. Promoting the environmental functions of overseas forests;

7. Securing overseas forest resources;

8. Promoting forest welfare;

9. Other projects prescribed by Presidential Decree to promote the environmental functions of forests.

(5) When an agency or organization prescribed by Presidential Decree performs any of the projects referred to in the subparagraphs of paragraph (4), preferential subsidization from the Green Fund may be provided to cover the associated expenses.

(6) Other matters necessary for the management and administration of the Green Fund shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 21, 2007]

Article 67(Reporting and inspection) #

(1) Where it is necessary to create and manage forest resources, the Administrator of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest service may order any of the following entities to file a report or require it to submit data in relation to its business, and may require his or her public officials to enter a place of business, office, etc. to investigate or inspect books of account, documents, or other things, or to inquire of related persons: <Amended on Jun. 1, 2012; Mar. 11, 2014; May 29, 2016; Jan. 8, 2019; Dec. 27, 2022>

1. A seeds and seedlings grower;

2. A forestry cooperative or the National Forestry Cooperatives Federation;

3. A forest project corporation;

3-2. A national forest management association established under Article 23-2;

3-3. A management agent under Article 23-4;

4. Deleted; <Nov. 28, 2017>

5. Deleted; <May 23, 2012>

6. A person who imports forest products upon recommendation by the Administrator of the Korea Forest Service pursuant to Article 41(1);

7. The Korea Forest Welfare Promotion Institute.

(2) Where the Administrator of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest service intends to make a visit, conduct investigation or inspection, or make an inquiry pursuant to paragraph (1), he or she shall notify a person subject to investigation of a plan describing the date and time, reason and details of the visit, investigation, inspection or inquiry not later than seven days prior to the visit, investigation, inspection or inquiry; provided, the foregoing shall not apply in cases of emergency or when it is deemed that the purpose of the visit, investigation, inspection or inquiry cannot be achieved due to destruction of evidence, etc. if prior notice is provided. <Added on Jan. 8, 2019>

(3) If it is found, in an investigation and inspection conducted under paragraph (1), that the seeds and seedlings for forests produced by a seeds and seedlings grower are of poor quality, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the seeds and seedlings grower to suspend shipping such seeds and seedlings, or to take necessary measures, such as disinfection and discard. <Amended on Jun. 1, 2012; Mar. 11, 2014; Oct. 31, 2017; Jan. 8, 2019>

(4) A public official who conducts an investigation or inspection or inquires of related persons pursuant to paragraph (1) shall carry an identification indicating his or her authority and produce it to interested persons. <Amended on Jan. 8, 2019>

(5) Where necessary to verify and inspect the requirements for registration of a national forest management association registered pursuant to Article 23-2(4) or a forest project corporation registered pursuant to Article 24(2), the Administrator of the Korea Forest Service or a Mayor/Do Governor may request the heads of related agencies to provide data on national health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. for which members of the national forest management association or technicians of the forest project corporation are policy holders. In such case, the heads of the related agencies shall comply with such request without good cause. <Added on Oct. 31, 2017; Jan. 8, 2019>

[This Article Wholly Amended on Dec. 21, 2007]

Article 79(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 1, 2012; Mar. 11, 2014; Dec. 27, 2022; Oct. 31, 2023>

1. A person who extracts or gathers forest products without filing a report pursuant to the proviso of Article 19(5);

2. A person who fells standing timber, etc. without filing a report, or upon filing a report by fraud or other improper means pursuant to Article 36(5);

2-2. A person who violates a suspension of felling standing timbers, etc., or an order to take other necessary measures pursuant to Article 36-3;

3. A person who conducts a business which requires felling of standing trees, etc. in a corporate forest management zone without reporting thereon, in violation of Article 38(7);

4. A person who fails to comply with a corrective order issued under Article 42-8(5);

5. A person who fails to comply with a corrective order issued under Article 42-12(6).

(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jan. 25, 2010>

1. A person who claims an excessive fee for preparation of a forest management plan under Article 13(3);

2. Deleted; <May 23, 2012>

3. Deleted; <Jun. 9, 2009>

4. Deleted. <Jun. 9, 2009>

5. A person who refuses, evades, or interferes with reporting, submission of data, an investigation, inspection, or inquiry under Article 67(1).

(3) Deleted. <Jun. 9, 2009>

(4) Deleted. <Jun. 9, 2009>

(5) A person who fails to perform afforestation under Article 10(2) shall be subject to an administrative fine equivalent to the sum of the expenses incurred in such afforestation.

(6) Administrative fines referred to in paragraphs (1) through (5) shall be imposed and collected by the Administrator of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a regional forest service, or the head of a national forest management office under a regional forest service, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010>

(7) Deleted. <Jan. 25, 2010>

(8) Deleted. <Jan. 25, 2010>

(9) Deleted. <Jan. 25, 2010>

[This Article Wholly Amended on Dec. 21, 2007]

CREATION AND MANAGEMENT OF FOREST RESOURCES ACT

Article 1(Purpose) #

Article 1-2(Fundamental concepts for management and control of forests) #

Article 2(Definitions) #

Article 2-2(Responsibilities of the State concerning management and control of forests) #

Article 3(Scope of application) #

Article 4(Classification of forests) #

Article 5(Administrative authorities in charge of respective forests) #

Article 6(Sustainable forest management) #

Article 6-2(Formulation and implementation of afforestation plans) #

Article 7(Development of forest sustainability index) #

Article 7-2(Forest certification) #

Article 8(Classification and management of forests by function) #

Article 8-2(Preparation of forest type map) #

Article 9(Establishment of infrastructure for forest management) #

Article 10(Reforestation of harvested areas) #

Article 11(Support for cultivation of forests) #

Article 12(Conversion of idle land into forest) #

Article 13(Formulation and authorization of forest management plans) #

Article 14(Implementation of forest management plans) #

Article 15(Revocation of authorization for forest management plans) #

Article 16(Registration of seeds and seedlings growers) #

Article 16-2(Imposition of penalty surcharges) #

Article 17(Vicarious execution of seeds and seedlings growing business) #

Article 18(Development and registration of forest seeds) #

Article 19(Designation and management of forests for seed collection) #

Article 19-2 #

Article 20 #

Article 20-2 #

Article 21 #

Article 22(Implementation of forest projects) #

Article 23(Implementation of forest projects by agents) #

Article 23-2(Operation of national forest management associations) #

Article 23-3(Support and fostering of national forest management associations) #

Article 23-4(Management of forest projects by proxy) #

Article 24(Registration of forest project corporations) #

Article 24-2(Principles of contracts for forest projects) #

Article 25(Revocation of registration of forest project corporations) #

Article 26(Execution of forest projects after receiving disposition of business suspension) #

Article 27 #

Article 28(Designation of special forest project zones) #

Article 29(Rescission of designation of special forest project zones) #

Article 30 #

Article 31(Forest management technicians) #

Article 32(Surveys of forest resources) #

Article 33(Building databases on forest resources) #

Article 33-2(Establishment and operation of forest satellite observation network) #

Article 34(Formulation of master plans for forest science and technology) #

Article 35(Transfer of research and development outcomes) #

Article 35-2(Formulation and implementation of promotion plans for rose of sharon) #

Article 35-3(Formulation and implementation of annual implementation plans) #

Article 35-4(Fact-finding surveys on rose of sharon) #

Article 35-5(Planting and management of roses of sharon by State agencies) #

Article 35-6(Subsidization for activities of private organizations) #

Article 36(Permission and reporting of felling standing timber) #

Article 36-2(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 36-3(Revocation of permission for felling standing timber) #

Article 36-4(Preliminary feasibility study of felling standing timbers) #

Article 36-5(Deliberative committee on felling standing timber) #

Article 37(Promoting use of wood) #

Article 38(Management of corporate forests) #

Article 38-2(Rescission of designation of corporate forest management zones) #

Article 39 #

Article 40(Restrictions on distribution of forest products) #

Article 41(Recommendation for import of forest products) #

Article 42(Preservation of forest biodiversity) #

Article 42-2(Basic principles of forest restoration) #

Article 42-3(Formulation of master plans for forest restoration) #

Article 42-4(Deliberation on master plans for forest restoration) #

Article 42-5(Fact-finding surveys on sites subject to forest restoration) #

Article 42-6(Evaluating feasibility of forest restoration projects) #

Article 42-7(Planning and implementation of forest restoration projects) #

Article 42-8(Follow-up monitoring of forest restoration sites) #

Article 42-9(Materials for forest restoration) #

Article 42-10(Nurturing experts for forest restoration) #

Article 42-11(Designation of forest restoration support center) #

Article 42-12(Designation of supply center for native plant seeds) #

Article 42-13(Proxy production of native plant seeds and compensation for damages) #

Article 42-14(Certification of seeds for native plants and certification marks) #

Article 42-15(Revocation of certification of native plant seeds) #