ENFORCEMENT DECREE OF THE STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

Article 1(Purpose) #

The purpose of this Decree is to stipulate matters mandated by the State Forest Administration and Management Act and matters necessary for the enforcement thereof. <Amended on Aug. 27, 2008>

Article 2(Transfer of State forests with discontinued use) #

If the head of a central government agency other than the Administrator of the Korea Forest Service transfers the State forest whose use has been discontinued in accordance with the main clause of Article 4 (2) of the State Forest Administration and Management Act (hereinafter referred to as the "Act") to the Administrator of the Korea Forest Service, he or she shall also transfer the following documents on the State forest: <Amended on Aug. 27, 2008>

1. State property register;

2. Certified copy of register and certified copy of forest land register;

3. Certified copy of forest land map;

4. Location map (referring to a 1:25,000 scale topographic map showing the location of State forests whose use has been discontinued).

Article 2-2(Matters to be deliberated on by State Forest Committee) #

(1) In Article 7 (1) 2 of the Act, "matters related to the disposition, lease, etc. of State forests prescribed by Presidential Decree" means the following matters: <Amended on Jul. 23, 2024>

1. Matters related to the sale or exchange of quasi-conservation State forests (hereinafter referred to as "quasi-conservation State forests") under Article 16 (1) 2 of the Act that fall under any of the following items:

a. Quasi-conservation State forests of less than 5,000 square meters located in the Special Metropolitan City, a Metropolitan City (excluding Gun areas), or a Special Self-Governing City;

b. Quasi-conservation State forests of less than 10,000 square meters located in Jeju Special Self-Governing Province, Metropolitan Cities (limited to Gun areas), and Si/Gun (excluding the Myeon areas of Si/Gun with both urban and rural characteristics);

c. Quasi-conservation State forest of less than 50,000 square meters located in any other area;

1-2. Matters related to the lease or use permit of State forests (hereinafter referred to as "lease, etc.") in accordance with the proviso of Article 17 (2) 1;

2. Matters related to the use of quasi-conservation State forests of 500,000 square meters or more for purposes other than the forest projects under the Creation and Management of Forest Resources Act (hereinafter referred to as "forest projects"), as they are incorporated into districts, zones, etc. for projects under other statutes.

(2) In Article 7 (1) 4 of the Act, "matters necessary for the business management of State forests prescribed by Presidential Decree" means any of the following:

1. Matters related to the purchase of public forests, private forests, or other lands (hereinafter referred to as "public forests, etc.") under Article 12 (1) 6 and 7;

2. Matters related to the determination of purchase price under the proviso of Article 13 (1);

3. Other matters deemed necessary by the head of a regional forest service (in the case where the head of an institution affiliated with the Korea Forest Service and the Jeju Special Self-Governing Province Governor establish the State Forest Committee in accordance with Article 7 (2) of the Act, referring to the relevant head of an institution affiliated with the Korea Forest Service and the Jeju Special Self-Governing Province Governor; hereafter the same shall apply in Articles 3, 3-2 and 4) for the functional advancement and efficient management of State forests.

Article 3(Composition of State Forest Committee) #

(1) The State Forest Committee under Article 7 of the Act (hereinafter referred to as the "Committee") shall be composed of no more than 12 members, including 1 chairperson and 1 vice chairperson.

(2) The chairperson of the Committee shall be the head of a regional forest service, and the vice-chairperson shall be elected from among the Committee members.

(3) The Committee members shall be appointed or commissioned by the head of a regional forest service, taking into consideration gender, from among those who fall under any of the following subparagraphs:

1. Public officials of Grade V or higher in charge of the management and administration affairs of State forests;

2. A person who has worked for at least 3 years in a position equivalent to or higher than an assistant professor in the field of forestry at a university or an accredited research institute under subparagraphs 1, 2, or 5 of Article 2 of the Higher Education Act;

3. A person who has obtained a master's or doctoral degree in the field of forestry and has at least 3 years of research and practical experience (9 years in the case of a master's degree);

4. A person who has one of the qualifications of a lawyer, certified public accountant, real estate appraiser, or forestry engineer and has worked in the relevant field for at least 3 years;

5. Other persons recognized by the head of a regional forest service as having an equivalent level of knowledge and experience as those specified in any of the subparagraphs 1 through 4.

(4) The term of office of an appointed committee member shall be 2 years, but may be extended only once; provided, the term of office of a newly appointed member due to the resignation of the existing committee member and similar reasons shall be the remaining term of office of the previous member.

[This Article Wholly Amended on Jul. 2, 2024]

Article 3-2(Dismissal or discharge of committee members) #

The head of a regional forest service may dismiss or discharge a committee member if the committee member falls under any of the following subparagraphs:

1. In cases where the member becomes unable to perform duties for a long period of time due to mental or physical weakness, etc.;

2. In cases where the member has engaged in any misconduct in relation to his or her duties;

3. In cases where the member is deemed unsuitable as a committee member due to neglect of duty, injury to dignity, or any other reason;

4. In cases where the member voluntarily admits that it is impracticable for him or her to perform the duties;

5. In case where the member fails to recuse oneself despite falling under any subparagraph of Article 3-3 (1).

[This Article Added on Jul. 2, 2024]

Article 3-3(Exclusion of, challenge to, and recusal of committee members) #

(1) If a committee member falls under any of the following, he or she shall be excluded from deliberation and resolution on the relevant agenda item:

1. Where a committee member or his or her spouse or former spouse becomes a party to the relevant agenda item or is a joint right holder or joint obligor with a party to the agenda item;

2. Where a committee member is or was a relative of a party to the relevant agenda;

3. Where a committee member or a corporation or organization to which the member belongs has testified, made a statement, given an advice, conducted research, provided services or an appraisal regarding the relevant agenda item;

4. Where a committee member or a corporation or organization to which the member belongs is or was an agent of a party to the relevant agenda item.

(2) If a party to the relevant agenda item has circumstances that make it difficult to expect fair deliberation and resolution from a committee member, the party may file a request for recusal with the Committee, and the Committee shall decide on the recusal through a resolution. In such cases, the committee member who is the subject to the request for recusal shall not participate in the resolution.

(3) If a committee member falls under any of the grounds for exclusion under each subparagraph of paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution of the relevant agenda.

[This Article Added on Jul. 2, 2024]

Article 4(Operation of the Committee) #

(1) The chairperson oversees the affairs of the Committee, convenes the meetings, and serves as its chair.

(2) When the chairperson is unable to perform his/her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson, and when both the chairperson and the vice chairperson are unable to perform their duties due to any unavoidable causes, a committee member designated in advance by the chairperson shall act on behalf of the chairperson. <Amended on Jul. 2, 2024>

(3) A majority of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.

(4) In order to handle the affairs of the committee, a secretary shall be appointed to the committee, and the secretary shall be appointed by the head of a regional forest service from among public officials belonging to the Korea Forest Service. <Amended on Jul. 2, 2024>

(5) If the chairperson deems it necessary in relation to the deliberation by the Committee, he or she may require the heads of the relevant institutions and the relevant persons or experts in the relevant fields to attend the meetings of the Committee to hear their opinions. <Added on Jul. 2, 2024>

(6) Other matters necessary for the operation, etc. of the Committee shall be determined by the head of a regional forest service. <Amended on May 29, 2017; Jul. 2, 2024>

Article 5(Committee allowances) #

The committee members attending the meetings of the Committee may be paid allowances and travel expenses within the budgetary limits; provided, this shall not apply if the members who are public officials attend the meetings in direct connection with their official duties.

Article 5-2(Matters for deliberation by Central Mountainous District Management Committee) #

in Article 7-2 (3) of the Act, "requests from the head of the Korea Forest Service regarding management and disposal of national forests as prescribed by Presidential Decree" means matters related to the sale or exchange of quasi-conservation State forests that fall under any of the following subparagraphs; provided, this shall not apply in cases where the Central Forest Management Committee has deliberated the matters in accordance with relevant statutes and regulations:

1. Quasi-conservation State forests of 5,000 square meters or more located in the Special Metropolitan City, Metropolitan Cities (excluding Gun areas), or a Special Self-Governing City;

2. Quasi-conservation State forests of 10,000 square meters or more located in Jeju Special Self-Governing Province, Metropolitan Cities (limited to Gun areas), and Si/Gun (excluding the Myeon areas of Si/Gun with both urban and rural characteristics);

3. Quasi-conservation State forest of 50,000 square meters or more located in any other regions.

[This Article Added on Jul. 2, 2024]

Article 6(Establishment of management panning districts) #

In Article 8 (1) of the Act, "Management planning districts prescribed by Presidential Decree" means the zone established in consideration of the administrative districts where the State forests are located and the efficiency of project implementation, etc. <Amended on Dec. 29, 2020>

Article 7(Business subject to reporting) #

In the former part of Article 9 (3) of the Act, “afforestation, logging, and other acts prescribed by Presidential Decree” means afforestation, felling of standing trees under Article 36 of the Act on the Creation and Management of Forest Resources, and extraction and collection of forest products. <Amended on Jul. 21, 2010>

Article 8(Organization of forestry workers) #

In the former part of Article 11 (1) of the Act, "organization prescribed by Presidential Decree" means a forest management association under Article 16 (3) of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act. <Amended on Jul. 21, 2010>

Article 9(Procedures for management agency) #

(1) A person who wishes to manage the State forests by proxy in accordance with Article 13 of the Act shall submit an application in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the Administrator of the Korea Forest Service. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) When the Administrator of the Korea Forest Service receives an application in the form under paragraph (1), he or she shall check the site and inform the applicant of whether the management by proxy is permitted.

(3) Business projects that may be managed by proxy shall be as follows: <Amended on Feb. 29, 2008; July 21, 2010>

1. Forest survey and formulation of management plans;

2. Afforestation site preparation, afforestation, and forest management projects;

3. Timber production business;

3-2. Erosion control work;

4. New construction, maintenance, and structural improvement projects of forest roads;

5. Forest pest and disease control projects;

5-2. Projects necessary for the prevention and suppression of, and restoration from, forest fires;

6. Other projects necessary for forest management as prescribed by the Administrator of the Korea Forest Service.

(4) Expenses incurred in conducting management agency business shall be classified into management agency fees and forest project costs, and the criteria for calculation thereof shall be as follows:

1. Management agency fees: It shall be calculated based on the amount publicly notified annually by the Administrator of the Korea Forest Service according to the size of the forest area;

2. Forestry project costs: The amount shall be calculated based on a design conducted for relevant project; provided, if the unit cost for the relevant project is publicly notified, the amount shall be calculated by applying the unit cost.

(5) The details necessary for the implementation of management agency shall be prescribed by the Administrator of the Korea Forest Service.

Article 10(Joint forest projects) #

(1) In the part, with the exception of the subparagraphs, of Article 15 (1) of the Act, "an organization prescribed by Presidential Decree" means an organization that falls under any of the following subparagraphs: <Amended on Aug. 27, 2008; Dec. 31, 2014; Sep. 22, 2015; Dec. 11, 2018; Dec. 29, 2020; Jul. 23, 2024>

1. Forestry cooperatives or the National Forestry Cooperatives Federation under the Forestry Cooperatives Act;

2. A corporation that has received permission for establishment from the Administrator of the Korea Forest Service;

3. A university or college under the Higher Education Act;

4. A corporation in which the State or a local government has contributed or invested at least 1/4 of its capital or fundamental property;

5. A corporation under subparagraph 4 that has re-invested or re-contributed at least 1/3 of its capital or fundamental property;

6. Foreign investment companies under the Foreign Investment Promotion Act;

7. International organizations related to forestry;

8. Organizations that have plans to carry out a project for forest carbon offset under subparagraph 12 of Article 2 of the Act on the Management and Improvement of Carbon Sink, and the appropriateness of which is accredited (including companies under the Commercial Act);

9. Organizations that have plans to carry out new afforestation or reforestation projects under the clean development mechanism projects in accordance with Article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, the appropriateness of which is accredited (including companies under the Commercial Act);

10. Public institutions under Article 4 of the Act on the Management of Public Institutions;

11. Social enterprise under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act;

12. Community companies defined in Article 2 (1) 9 of the Special Act on Promotion of and Support for Urban Regeneration;

13. Social cooperatives defined in subparagraph 3 of Article 2 of the Framework Act on Cooperatives.

(2) "Public forestry facilities prescribed by Presidential Decree" in Article 15 (1) 2 of the Act means the following facilities: <Amended on Jul. 6, 2016; Dec. 29, 2020>

Article 11(Classification of State forests) #

(1) In Article 16 (1) 1 c of the Act, "State forests prescribed by Presidential Decree" means the following State forests: <Amended on Feb. 29, 2008; Jul. 21, 2010; Mar. 23, 2013; Dec. 29, 2020>

1. State forests with a single continuous area that meets the criteria prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

2. State forests in island areas; provided, the State forests of less than 100,000 square meters which are deemed not worth conservation in island areas where Eup/Myeon is located shall be excluded.

(2) In Article 16 (4) 2 c of the Act, "Projects prescribed by Presidential Decree" means the following State forests: <Amended on May 26, 2008; Nov. 2, 2009; Jan. 25, 2012; Dec. 29, 2020; Jul. 23, 2024>

1. National defense and military facility projects under subparagraph 2 of Article 2 of the Act on National Defense and Military Installations Projects;

2. Projects implemented for the public interest, with permission, authorization, approval, or designation, etc. under relevant statues, in relation to railways, roads, airports, ports, public parking lots, public garages, freight terminals, rail transit, rivers, levees, dams, canals, water supply, sewage, sewage treatment, wastewater treatment, erosion control, windbreaks, fire prevention, tide embankments, water embankments, reservoirs, irrigation and drainage channels, petroleum storage and pipeline transport, waste treatment, electricity, telecommunications, broadcasting, gas, and meteorological observation;

3. Projects related to facilities such as government office buildings, research institutes, testing laboratories, health or cultural facilities, parks, arboretums, gardens, sports grounds, crematoriums, columbaria, and natural burial grounds, which are directly established for public or official use by the State or local governments;

4. Projects related to the establishment of schools, libraries, museums, and art galleries established by the state or local governments in accordance with relevant statutes.

(3) "Cases prescribed by Presidential Decree" in Article 16 (4) 5 of the Act means cases where the State forests do not fall under any of the following subparagraphs: <Added on Jul. 21, 2010; Jul. 20, 2015; Sep. 22, 2015>

1. Where the area falls under any of the following: Seed orchards or experimental forests under the Forest Resources Creation and Management Act; arboretums or gardens under the Act on the Creation and Furtherance of Arboretums and Gardens; natural recreation forests, forest bathing areas, or healing forests under the Forestry Culture and Recreation Act; children‘s forest experience center under Article 12 of the Forest Education Promotion Act; forest genetic resource protection zones or ecological forests (including forest ecology centers) under the Forest Protection Act; or Baekdudaegan protected areas under the Baekdu-Daegan Protection Act;

Article 12(Expansion and purchase of State forests) #

(1) In accordance with Article 18 (2) of the Act, the Administrator of the Korea Forest Service may purchase public forests, etc. in any of the following cases: <Amended on Dec. 7, 2010; Dec. 31, 2014; Jul. 20, 2015; Jun. 8, 2021; Jul. 2, 2024>

1. In cases where it is necessary for seed forests or experimental forests under the Creation and Management of Forest Resources Act;

1-2. In cases where it is necessary for an urban forest or living forest according to the Creation and Management of Urban Forest Act;

2. In cases where it is designated as an area subject to restriction on the conversion or temporary use of mountainous districts under the Mountainous Districts Management Act or it is necessary to designate such area;

3. In cases where it is necessary for the protection of Baekdudaegan under the Baekdu-Daegan Protection Act;

4. In cases where it is necessary as a commemorative forest or model forest;

5. In cases where it is necessary for an arboretum or garden under the Creation and Furtherance of Arboretums Act, a natural recreation forest, forest bathing area, or healing forest under Forestry Culture and Recreation Act, a children's forest experience center or forest education center under the Forest Education Promotion Act, a forest protection area or ecological forest (including a forest ecological center) under the Forest Protection Act, or a landslide prevention area under the Erosion Control Work Act;

6. In cases where the State recognizes the necessity to conserve the forests designated as districts, regions, etc. under other statutes;

7. In other cases where it is deemed particularly necessary for the management of State forests or national policies, such as expansion of State forests and securing of forest road sites.

(2) Notwithstanding paragraph (1), public forests, etc. shall not be purchased in any of the following cases; provided, in cases where the Administrator of the Korea Forest Service recognizes that it is inevitable to purchase them for the efficient management and administration of State forests, they may be purchased:

1. Where private rights such as mortgages and superficies are established;

2. Where standing timbers are registered or recorded in the register under the Standing Timber Act;

3. Where the area described in the cadastral record is different from the area stated in the land register, or where the location indicated in the cadastral record is different from the actual location;

Article 13(Determination of purchase price of public forests) #

(1) The purchase price of public forests, etc. under Article 18 (2) of the Act shall be the arithmetic mean of the appraised value of 2 persons who are appraisal corporations, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporation, etc.") (referring to 3 persons if public forests, etc. in an area permitted for a land transaction contract under Article 10 (1) of the Act on Report on Real Estate Transactions); provided, if there is a request from the owner of the land (excluding public forests), the purchase price may be determined at an amount lower than the arithmetic average of the appraised value after deliberation by the Committee. <Amended on Aug. 31, 2016; May 29, 2017; Dec. 29, 2020; Jul. 2, 2024>

(2) The appraisal corporations, etc. under paragraph (1) may include 1 person who is an appraisal corporation, etc. recommended by the owner of public forests, etc. <Amended on May 29, 2017; Dec. 29, 2020>

(3) The appraised value under paragraph (1) shall not be applicable after 1 year elapses from the date of appraisal.

(4) The Administrator of the Korea Forest Service may conduct a revaluation in any of the following cases in connection with appraisal under paragraph (1): <Amended on May 29, 2017; Dec. 29, 2020>

1. If the relevant appraisal is conducted in violation of relevant statutes or regulations or has been conducted unjustly;

2. If the highest appraised value among the appraised value under paragraph (1) exceeds 110 percent of the lowest appraised value;

3. If the appraisal corporations, etc. that participated in the appraisal colluded to make the appraisal.

(5) Except as provided in paragraphs (1) through (4), the procedures and methods for appraisal and reappraisal 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 Wholly Amended on Jul. 21, 2010]

Article 13-2(Entrustment of purchase of public forests, etc.) #

In Article 18 (5) of the Act, “person prescribed by Presidential Decree” means a person who falls under any of the following subparagraphs: <Amended on Sep. 21, 2009; Sep. 22, 2015; May 29, 2017; Dec. 29, 2020; Feb. 17, 2022>

1. National Forestry Cooperative Federation under subparagraph 4 of Article 2 of the Forestry Cooperatives Act;

2. Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;

3. Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation;

4. Any other corporation incorporated under a special Act, which is prescribed by the relevant statute or its articles of incorporation to be allowed to purchase public forests, etc.

[This Article Added on Jun. 4, 2007]

Article 13-3(Payment of entrustment fees) #

Where the Administrator of the Korea Forest Service entrusts the affairs of purchasing public forests, etc. in accordance with Article 18 (5) of the Act, he or she may pay the entrusted person the entrustment service fees and other expenses necessary for purchasing public forests, etc. as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 22, 2015>

[This Article Added on Jun. 4, 2007]

Article 14(Determination of sale or exchange price) #

(1) Where quasi-conservation State forests are to be sold or exchanged under Article 20 of the Act, the estimated price shall be determined in consideration of the market value as of the date of request for appraisal. In such cases, the estimated price shall be the sum of the prices of land, standing timbers, and bamboos. <Amended on Apr. 11, 2023>

(2) With respect to the determination and disclosure of the estimated price under paragraph (1) and the application period of the estimated price, Article 42 (1) through (3) and the main clause of Article 45 of the Enforcement Decree of the State Property Act shall apply. In such cases, "general property" shall be construed as "quasi-conservation State forest." <Amended on Jul. 27, 2009; Jul. 21, 2010; May 29, 2017>

(3) Paragraphs (4) and (5) of Article 13 shall apply mutatis mutandis to the reevaluation of the appraisal for the purpose of determining the estimated price under paragraph (1). <Added on Jul. 21, 2010>

Article 15(Payment of purchase price) #

(1) A person who purchases the State forests under Article 20 of the Act shall pay the full amount of purchase price in a lump sum within 60 days from the date of contract conclusion.

(2) In cases where it is deemed difficult to pay the full amount of the purchase price in a lump sum in accordance with paragraph (1), and any of the following cases is applicable, the payment may be made in installments over a period of up to 5 years with interest. In such cases, the interest shall be calculated by applying the interest rate publicly notified under Article 55 (5) of the Enforcement Decree of the State Property Act: <Amended on Jul. 27, 2009; Sep. 22, 2015>

1. Where the State forests are sold to the relevant local government for its direct use for official or public purposes;

2. Where the State forests to be used directly by public organizations under Article 33 of the Enforcement Decree of the State Property Act for non-profit public projects are sold to the relevant public organizations;

3. Where the land that has been occupied or used as a site for a private building since before January 24, 1989 is sold to the relevant occupant or user.

Article 15-2(Requirements for public forests, etc. subject to exchange) #

Public forests, etc. that can be exchanged for quasi-conservation State forests in accordance with Article 20 (1) of the Act shall meet one of the following requirements: <Amended on May 29, 2017>

1. It shall be public forests, etc. falling under each subparagraph of Article 12 (1);

2. The Administrator of the Korea Forest Service deems it necessary to purchase the public forests, etc. in accordance with other statutes such as the Forest Protection Act or the Forestry Culture and Recreation Act;

3. It shall be necessary for the conservation of forest ecology, such as rare plants;

4. It shall be contiguous to a clustered State forest;

5. In other cases where the Administrator of the Korea Forest Service deems it necessary for the expansion and management and administration of State forests.

[This Article Added on Sep. 22, 2015]

Article 16(Conditions of exchange) #

(1) In order to exchange the State forests in accordance with Article 20 (1) of the Act, the exchange shall be conducted in accordance with the following criteria, except in unavoidable cases: <Amended on Aug. 27, 2008; Jul. 21, 2010, Dec. 31, 2014; Sep. 22, 2015>

1. In the case of Article 20 (1) 1 of the Act: The property to be exchanged shall be similar in nature, and the value of one property shall be not less than three-fourths of the value of the other property;

2. In the case of subparagraphs 2, 2-2, 2-3, and 3 of Article 20 (1) of the Act: The property to be exchanged shall be similar in nature, and the value of one property shall be not less than one-half of the value of the other property. In such cases, where the exchange is made pursuant to Article 20 (1) 3 of the Act, the area of the property to be newly included in the State forests shall be greater than the area of the property to be excluded from the State forests;

3. The property subject to exchange shall not fall under any of the reasons specified in each subparagraph of Article 12 (2); provided, the exchange may be allowed if the Administrator of the Korea Forest Service deems it inevitable for the efficient management and administration of State forests.

(2) Where an exchange is made under paragraph (1), any difference in the value of the properties shall be settled in cash.

Article 17(Criteria for lease, etc. of State forests) #

(1) The criteria for the lease, etc. of State forests under Article 21 (1) of the Act shall be as follows: <Amended on Dec. 7, 2010, Sep. 22, 2015; Jul. 2, 2024>

1. It shall not be a State forest whose use is prohibited or restricted by other statutes or regulations, or for which a use plan has been finalized;

2. The purpose of the lease, etc. shall correspond to a use for which conversion of forest land or temporary use of forest land is permitted under Article 10 or 12 of the Mountainous Districts Management Act, and it shall be a State forest that meets the criteria for conversion or temporary use of a mountainous district under Articles 15, 15-2, or 18 of that Act;

3. In cases where dispositions such as permission, authorization, approval, designation, registration, report, or consultation are required under other statutes and regulations, such dispositions shall be rendered.

(2) Notwithstanding paragraph (1) 1, if the Administrator of the Korea Forest intends to use a State forest, the use plan of which is determined as in the following subparagraphs, for wind energy infrastructure under subparagraph 2 b of Article 2 of Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (limited to generators, electrical rooms, connecting roads, access roads, and ancillary facilities for wind power generation; hereinafter referred to as "wind energy infrastructure"), he or she may lease, etc. the relevant State forest only when it meets the criteria set forth in the following subparagraphs; provided, if a State forest with a confirmed use plan other than the use plan specified in the following subparagraphs is included in the relevant State forest, the lease, etc. of the relevant State forest may not be allowed: <Added on Dec. 29, 2020; Aug. 1, 2023; Jul. 2, 2024; Jul. 23, 2024>

1. The state forests designated as economic forest development complexes under Article 37 (2) of the Creation and Management of Forest Resources Act: The area of artificial forests in the economic forest development complex required for the installation of wind energy infrastructure shall be less than 10% of the total project area for the installation of the wind energy infrastructure; provided, if the Committee determines, upon deliberation, that the purpose of designation and use of the economic forest development complex will not be impeded, the lease, etc. of the relevant State forest may be permitted even if the area of artificial forests required for the installation of wind energy infrastructure is 10 percent or more of the total project area;

Article 18(Scope of permission to use conservation State forests) #

(1) In Article 21 (1) 2 of the Act, “infrastructure prescribed by Presidential Decree” means any of the following facilities: <Amended on Aug. 27, 2008; Dec. 29, 2020>

1. Facilities directly related to the business specified in each subparagraph of Article 11 (2);

2. Deleted; <Aug. 27, 2008>

3. Park facilities under the Natural Parks Act and the Act on Urban Parks and Green Areas;

4. Ski resorts or sledding hills;

5. New energy and renewable energy facilities under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy; provided, solar energy facilities shall be limited to electrical rooms and connection facilities within floating photovoltaic installations.

(2) In Article 21 (1) 3 of the Act, “forest public facilities prescribed by Presidential Decree” means the following facilities: <Amended on Jul. 6, 2016; Dec. 29, 2020>

1. Forest paths, such as walking trails, exploration routes, hiking trails, and perimeter trails;

2. Forest campground;

3. Forest education facilities, such as children‘s forest experience centers and forest education centers.

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

5. Outdoor simple sports facilities.

(3) In Article 21 (1) 13 of the Act, "installation or use of beehives, etc., as prescribed by Presidential Decree" means cases where the facilities falling under any of the following subparagraphs are installed or used in accordance with the standards established and publicly notified by the Administrator of the Korea Forest Service: <Added on Jul. 2, 2024>

1. Beehive;

2. Simple facilities directly used for the production of products or by-products of honeybees or beekeeping.

[Title Amended on May 29, 2017]

Article 18-2(Cost-bearing for lease, etc. for wind energy infrastructure) #

(1) "State forests prescribed by Presidential Decree" in Article 21 (3) of the Act means the State forests designated as economic forest development complexes under Article 37 (2) of the Creation and Management of Forest Resources Act.

(2) The Administrator of the Korea Forest Service may impose the costs for forest projects calculated according to the following criteria in accordance with Article 21 (3) of the Act on a person who has received a lease, etc. of State forests under paragraph (1) for wind energy infrastructure; provided, if wind energy infrastructure is installed only within the scope specified in the main clause of Article 17 (2) 1, payment of costs shall be exempted:

1. The calculation shall be made for the entire area of artificial forests in the economic forest development complex included in the project area for the installation of wind energy infrastructure;

2. All costs incurred in forestry projects up to the date of application for lease, etc. shall be calculated. In this case, the detailed cost calculation method shall be determined and publicly notified by the Administrator of the Korea Forest Service.

(3) The payment deadline for the costs under paragraph (2) shall be within 60 days from the date of notification of the payment. In such cases, the expenses under paragraph (2) shall be paid before receiving the lease, etc. and starting to use it.

[This Article Added on Jul. 23, 2024]

Article 19(Period and procedures for lease, etc. of State forests) #

(1) The period for the lease, etc. of State forests under Article 21 of the Act shall be within 5 years.

(2) The period for lease, etc. of State forest under paragraph (1) may be renewed. In such cases, the renewal period shall not exceed the period specified in paragraph (1) each time it is renewed.

(3) Matters necessary for the procedures for the lease, etc. of State forests shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 20(Installation of permanent facilities) #

(1) "Cases prescribed by Presidential Decree" in the proviso of Article 22 (1) of the Act means any of the following cases: <Amended on Dec. 29, 2020; Jul. 23, 2024>

1. Where a person who has been granted a lease of State forest installs the facilities, etc. for the purpose of carrying out the project for which the lease was granted;

2. Where a person has obtained permission for the use of State forests for any of the purposes specified in Article 21 (1) 1 through 4, 6, 11, and 12 of the Act, and installs facilities permitted under the relevant statutes and regulations for the purpose of achieving the approved use.

(2) In the proviso of Article 22 (2) of the Act, “cases prescribed by Presidential Decree” means cases where the facilities are to be used for the purposes specified in Article 21 (1) 1 and 2 of the Act or cases where the facilities are installed on the condition of donation. <Amended on Dec. 29, 2020>

Article 21(Lease charges) #

(1) In accordance with the main clause of Article 23 (1) of the Act, lease charges or usage fees (hereinafter referred to as "lease charges, etc.") shall be determined annually by multiplying the value of the State forest subject to lease, etc. by the rate specified in each of the following subparagraphs, and may be calculated on a monthly or daily basis: <Amended on Jul. 21, 2010; Dec. 31, 2014; Apr. 10, 2018; Dec. 29, 2020; Apr. 11, 2023>

1. In the cases of subparagraphs 3 through 5 and subparagraphs 7 through 10 of Article 21 (1) of the Act, and in the case of income-generating projects in agriculture, forestry, or fisheries: Not less than 10/1,000;

2. In the case of Article 21 (1) 1 of the Act: 25/1000 or more;

3. In the case of ski resorts, sledding hills, and residential use: 20/1000 or more; provided, in the cases where beneficiaries under subparagraph 2 of Article 2 of the National Basic Living Security Act use it for residential purposes, it shall be 10/1000 or more;

4. In cases other than those specified in the subparagraphs 1 through 3: 50/1000 or more.

(2) In determining the lease charges, etc. under paragraph (1), the value of relevant land shall be calculated based on the officially assessed individual land price as of the time when the land price is determined for the purpose of calculating the lease charges, etc. (referring to the officially assessed individual land price under Article 10 of the Act on the Public Announcement of Values and Appraisal of Real Estate; hereinafter the same shall apply); provided, if there is no officially assessed individual land price as of the time of determination of such price does not reflect the actual status of the land, the land price shall be calculated based on one of the standards set forth in the following subparagraphs: <Amended on Apr. 11, 2023>

1. The officially announced price of representative land under Article 8 of the Act on the Public Announcement of Values and Appraisal of Real Estate;

2. The arithmetic mean of land prices calculated by requesting appraisal to 2 or more appraisal corporations, etc.;

3. The officially assessed individual land price of nearby land with similar utility value.

(3) Notwithstanding paragraph (1) 1 and paragraph (2), where a lease, etc. is granted for the cultivation of eligible items supported as forest income sources under Article 8 of the Act on the Promotion of Forestry and Mountain Villages, the lease charges, etc. may be set at the lesser of the amounts specified in any of the following subparagraphs:

Article 22(Installment payment of lease charges, etc.) #

(1) In the case where it is intended to pay the lease charges, etc. in installments according to the former part of Article 23 (2) of the Act, it may be paid in installments of up to 12 times per year only if the lease charges, etc. exceeds 500,000 won. In such cases, interest calculated by applying the publicly notified interest rate under the later part of Article 30 (5) of the Enforcement Decree of the State Property Act shall be added to the remaining amount. <Amended on Sep. 22, 2015; Apr. 10, 2018; Jul. 31, 2020; Dec. 14, 2021; Aug. 1, 2023>

(2) In the latter part of Article 23 (2) of the Act, “where annual lease charges, etc. exceed the amount prescribed by Presidential Decree” means the cases where the annual lease charges, etc. are 10 million won or more, and “within the amount prescribed by Presidential Decree” means an amount equivalent to 50/100 of the annual lease charges, etc. <Amended on Apr. 10, 2018>

Article 23(Reduction of lease charges, etc.) #

In Article 23 (3) 2 of the Act, "cases prescribed by Presidential Decree" means the cases where there is no income from projects for a statutory purpose or the yield falls short of 50 percent of the average annual yield due to a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety. <Amended on Dec. 29, 2020>

Article 24(Adjustment of lease charges, etc.) #

(1) In Article 23 (4) of the Act, “cases prescribed by Presidential Decree” means the cases where the lease charges, etc. of the relevant year during the lease period have increased by 9 percent or more compared to the previous year; provided, with respect to lease charges, etc. for agricultural, forestry, and fishery income project under Article 21 (1) 1 and lease charges, etc. for residential use under subparagraph 3 of that paragraph, the term means the cases where such charges have increased by 5 percent or more. <Amended on Dec. 31, 2014>

(2) The lease charges, etc. for the relevant year adjusted in accordance with Article 23 (5) of the Act shall be an amount increased by 9 percent from the previous year; provided, in the case of the proviso of paragraph (1), the amount shall be an amount increased by 5 percent from the previous year. <Amended on Dec. 31, 2014>

[This Article Wholly Amended on Jul. 21, 2010]

Article 24-2(Payment of lease charges, etc. by credit cards) #

(1) In the former part of Article 23 (8) of the Act, “payment agency prescribed by Presidential Decree” means an agency that falls under any of the following subparagraphs:

1. A corporation established with the permission of the Financial Services Commission under Article 32 of the Civil Act and performing financial settlement business, etc., which is designated and publicly notified by the Administrator of the Korea Forest Service;

2. An institution that performs payments via credit cards, debit cards, etc. (hereinafter referred to as "credit cards, etc.") through the information and communications networks, and is designated and publicly notified by the Administrator of the Korea Forest Service as a payment agency, taking into account its facilities, capability to perform relevant tasks, capital scale, and other relevant factors.

(2) A payment agency under Article 23 (8) of the Act may receive a payment agency fee from the obligor of payment, in return for providing payment agency services via credit cards, etc., within a limit not exceeding ten-thousandth (10/1,000) of the payment amount. In such cases, the payment agency shall obtain approval from the Administrator of the Korea Forest Service for the amount of the payment agency fee.

[This Article Added on Dec. 14, 2021]

Article 25(Standards for permission for transfer of rights and change of title) #

(1) In any of the following cases, the Administrator of the Korea Forest Service may not grant permission for the transfer of rights or change of title under Article 25 (2) of the Act: <Amended on Jul. 23, 2024>

1. Where a person intends to transfer the right to only a part of the State forest leased, etc. or change the title thereof: provided, this shall not apply where it is inevitable to perform a project under the Act or other statutes or regulations;

2. Where a person transfers the right or intends to change the title, in violation of any provisions of the lease agreement or the license for use.

(2) A person who wishes to obtain permission from the Administrator of the Korea Forest Service under the provisions, with the exception of the subparagraphs, of Article 25 (2) of the Act, shall submit an application for permission to transfer the right to, or change the title of, State forest in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Administrator of the Korea Forest Service. <Amended on Jul. 23, 2024>

(3) In Article 25 (2) 4, “Acts prescribed by Presidential Decree, such as the Grassland Act” means the following Acts: <Added on Jul. 23, 2024>

1. The Mining Act;

2. The Electricity Business Act;

3. The Telecommunications Business Act;

4. The Installation and Utilization of Sports Facilities Act;

5. The Grassland Act;

Article 25-2(Cancellation of lease, etc.) #

The cases where the project for which the lease, etc. is granted under Article 26 (1) 3 of the Act has made no progress or is deemed to be impossible to achieve its intended purpose, shall be any of the following cases:

1. Where the project is not commenced according to the business plan for the project for which the lease, etc. is granted within 6 months from the date of receiving the lease;

2. Where, according to the results of a fact-finding survey conducted annually by the Administrator of the Korea Forest Service, the progress of the project for which the lease, etc. is granted falls short of the standards prescribed and publicly notified by the Administrator of the Korea Forest Service for 2 consecutive years.

[This Article Added on Sep. 22, 2015]

Article 26(Return of lease charges, etc. and compensation for losses) #

(1) The return of lease charges, etc. under Article 26 (4) of the Act means the return of lease charges, etc. for the period during which the lease charges, etc. were paid in advance but the State forest leased, etc. was not used for the purpose of the lease, etc., and the procedures for the return of lease charges, etc. shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) With respect to compensation for losses under Article 26 (5) of the Act, the provisions of Articles 62 through 65, 67, 68 (1) and (3), 75, 75-2, 76, 77, and 78 (6) through (8) of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis. <Amended on Sep. 22, 2015; Dec. 29, 2020; May 9, 2022>

Article 27(Sale of State forest products) #

(1) A person with connection eligible to purchase State forest products under Article 27 (1) 2 of the Act shall be any of the following persons: <Amended on Jul. 21, 2010; May 29, 2017.>

1. In the case of forest products produced in State forests where joint forestry projects were implemented under Article 15 (1) of the Act, the joint project implementers who have entered into an agreement under paragraph (2) of that Article;

2. In the case of forest products produced in State forest leased, etc. under Article 21 of the Act, the person who has received the lease, etc. of the State forest;

3. In the case of forest products felled for military operational purposes in State forests located north of the Civilian Control Line, a person who carried out felling operations on behalf of the relevant authorities;

4. In the case of forest products felled to prevent damage to land, buildings, facilities, etc. adjacent to State forests, the person who requested the felling of the trees.

(2) In Article 27 (1) 4 of the Act, “where ... a competitive bid is deemed likely to substantially impede the efficient management of state forests” means any of the following cases: <Amended on Jul. 2, 2019; Dec. 29, 2020>

1. Where it is impossible to complete the removal of standing timbers to be sold before the commencement of the project, in regard to selling standing timbers within an area designated for afforestation or natural seeding, thereby causing an impediment to the implementation of the intended project;

2. Where there is an impediment to the implementation of a State-operated forestry project.

(3) In Article 27 (1) 5 of the Act, "forest products necessary to take out, etc. such State forest products" means those specified in the following subparagraphs: <Amended on Dec. 29, 2020>

1. Standing timber located within temporary structures installed for collecting, taking out, processing, etc. of State forest products, forest products storage yards, or planned forest road sites;

2. Trees that are hung, damaged, or mis-cut resulting from the felling of sold trees.

(4) In Article 27 (1) 6 of the Act, "raw materials for the export industry" means raw timber and by-products intended to be processed into timber, medicinal herbs, industrial raw materials, or edible raw materials for export, or to be used for cultivating mushrooms for export. <Amended on Dec. 29, 2020>

Article 28(Delegation of authority) #

(1) In accordance with Article 32 of the Act, the Administrator of the Korea Forest Service shall delegate the following authorities according to their jurisdiction to the Jeju Special Self-Governing Province Governor (only applicable to State forests for which property management affairs are delegated to the Jeju Special Self-Governing Province Governor), the Director of the Korea National Arboretum, the Director of the Forest Aviation Headquarters, the Director of the National Forest Seed Management Center, the head of a regional forest service, or the Director of the National Institute of Forest Science; provided, the authorities under subparagraphs 2 through 6 and under subparagraphs 9 through 11 shall not be delegated to the Director of the National Arboretum, the Director of the Forest Aviation Headquarters, the Director of the National Forest Seed Management Center, and the Director of the National Forest Science Institute, and the authorities under subparagraphs 4 and 9 through 13 shall not be delegated to the Jeju Special Self-Governing Province Governor. <Amended on Aug. 27, 2008; Jul. 27, 2009; Jul. 21, 2010; Oct. 18, 2010; Aug. 3, 2015; Sep. 22, 2015; May 29, 2017; Dec. 14, 2021>

1. Management of State forests under the main clause of Article 4 (1) of the Act;

2. Investigation of State forests under Article 5 of the Act;

3. Formulation, implementation, analysis, and evaluation of comprehensive plans for State forests under Article 6 of the Act;

4. Establishment and operation of the Committee under Article 7 (1) of the Act;

5. Establishment of management planning districts and formulation and implementation of State forest management plans under Article 8 (1) of the Act;

6. Authority to consent to and approve the State forest management plans and to accept the notification of business under Article 9 of the Act;

7. Lumber production in State forests according to Article 10 of the Act;

8. Authority to conclude an agreement to protect the State forest and to transfer forest products and terminate an agreement to protect the State forest under Article 11 of the Act;

9. Creation and operation of model forests under Article 12 of the Act;

10. Management agency of State forests, etc. under the jurisdiction of the head of the central government agency under Article 13 of the Act;

11. Authority to designate, operate, restrict the use of, and terminate the designation of citizens' forests (excluding those under the jurisdiction of the head of the National Recreation Forest Management Office) under Article 14 of the Act;

Article 29(Processing of personally identifiable information) #

The Administrator of the Korea Forest Service (including those entrusted with the Minister's authority under Article 28 (1)) may process data containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is inevitable to perform the following business affairs: <Amended on May 29, 2017>

1. Affairs related to free transfer of State forest products under Articles 11 and 29 of the Act;

2. Affairs related to the purchase of public forests, etc. under Article 18 of the Act;

3. Affairs related to the sale and exchange of quasi-conservation State forests under Article 20 of the Act;

4. Affairs related to the lease, etc. of State forests under Article 21 of the Act;

5. Affairs related to the transfer of rights or change of title thereof to State forests leased, etc. under Article 25 of the Act;

6. Affairs related to the cancellation of lease, etc. and return of State forests, etc. under Article 26 of the Act;

7. Affairs related to the sale of State forest products under Article 27 of the Act.

[This Article Added on Jan. 6, 2012]