FOREST PROTECTION ACT

영문법령 불러오는 중…

FOREST PROTECTION ACT — 법갈피

Article 7(Designation of forest conservation zones) #

(1) Where it is particularly necessary to protect a forest, the Minister of the Korea Forest Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may designate it as a forest conservation zone according to the following classification: <Amended on Feb. 22, 2012; Jun. 3, 2014>

1. Conservation zone for the living environment: A zone considered necessary for conserving and maintaining the living environment and public health and sanitation around a city, an industrial complex, a major hospital, or a sanatorium;

2. Conservation zone for scenic views: A zone considered necessary for conserving scenic views around a scenic spot, a historic site, a tourist destination, a park, an amusement park, around access roads to such a place, around a road, rail road, or a beach;

3. Conservation zone for development of water resources: A zone considered necessary for developing water resources, preventing floods, or the quality control of drinking water sources;

4. Conservation zone for disaster prevention: A zone considered necessary for preventing soil erosion and rock slides and the prevention of damage by sea breeze, tidal waves, sand, etc.;

5. Forest genetic resources protection zone: A zone deemed necessary for preserving genes and species of plants in a forest or for conserving forest ecosystems; provided, in cases of a national forest zone defined in subparagraph 2 of Article 2 of the Natural Parks Act, he or she shall consult with the park management agency referred to in Article 4 (2) of that Act (hereinafter referred to as "park management agency").

(2) Deleted. <Jun. 3, 2014>

(3) Matters necessary for the demarcation and sub-categorization of forest conservation zones under paragraph (1) and other relevant matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 3, 2014>

Article 8(Public notice of designation of forest conservation zones) #

(1) When the Minister of the Korea Forest Service or a Mayor/Do Governor intends to designate a forest conservation zone pursuant to Article 7, he or she shall publicly announce the following matters regarding the area subject to the proposed designation; and shall notify the landowners, the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), the person whose mining rights to the area under Article 38 of the Mining Industry Act have been registered and other persons prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, thereof: <Amended on Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014; Dec. 27, 2016>

1. Grounds for the designation;

2. Division of the zone;

3. Location and size of the area subject to the designation;

4. The period for filing an objection to designation;

5. Other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(2) A landowner or any person who has direct interest in the forest at issue may file an objection during the period given for filing objections under paragraph (1) in connection with the designation of a forest conservation area under Article 7, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(3) The Minister of the Korea Forest Service or a Mayor/Do Governor shall make a decision on an objection within 20 days from the filing date of the objection under paragraph (2) and shall inform the applicant of results of the decision. <Amended on Feb. 22, 2012; Jun. 3, 2014>

(4) If no objection under paragraph (2) is filed or if an objection is deemed groundless, the Minister of the Korea Forest Service or a Mayor/Do Governor, shall designate and publicly notify the forest conservation zone, and notify the landowners and the head of the competent Si/Gun/Gu thereof. <Amended on Feb. 22, 2012; Jun. 3, 2014>

(5) The designation of a forest conservation zone shall become effective on the date of public notice under paragraph (4).

(6) Topographic drawings under Article 8 of the Framework Act on the Regulation of Land Use shall be publicly notified together at the time a forest conservation zone is designated and publicly notified pursuant to paragraph (4).

Article 9(Restrictions on activities within forest conservation zones) #

(1) No one shall conduct any of the following activities within a forest conservation zone (excluding zones for which a plan for the development of a natural recreation forest has been formulated or approved pursuant to Article 14 (1) or (2) of the Forestry Culture and Recreation Act; the same shall apply hereafter in this Article): <Amended on Jun. 3, 2014; Feb. 21, 2018>

1. Thinning out standing trees or bamboo;

2. Mining or collecting forestry products;

2-2. Damaging or withering standing trees, bamboos or forestry products;

3. Grazing livestock;

4. Other activities specified by Presidential Decree as changing the form or quality of land.

(2) Notwithstanding paragraph (1), the following activities may be conducted under the condition specified in each applicable subparagraph, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Jun. 3, 2014>

1. Activities allowed with permission of the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Installation of a forest conservation facility specified by Decree of the Ministry of Agriculture, Food and Rural Affairs, control measures against forest diseases and pests, and other activities under subparagraphs of paragraph (1), incidental to activities specified by Presidential Decree;

2. Activities allowed upon reporting to the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Thinning out trees for forest care to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones), thinning out standing trees or bamboo for purpose of improving functions of the forest, or other activities specified by Presidential Decree among activities of mining or collecting forestry products;

3. Activities allowed without permission of or reporting to the Minister of the Korea Forest Service or the competent Mayor/Do Governor: Activities specified by Presidential Decree, such as thinning out standing trees for installing a fire-arresting line to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones).

(3) The Minister of the Korea Forest Service or the competent Mayor/Do Governor shall notify the applicant of whether relevant permission or report has been granted or received, within 15 days after receipt of an application for the permission or the report under paragraph (2) 1 or 2. <Added on Mar. 20, 2018>

(4) Where the Minister of the Korea Forest Service or the competent Mayor/Do Governor fails to notify the applicant of whether the relevant permission or report has been granted or received or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (3), the permission or report shall be deemed granted or received on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Added on Mar. 20, 2018>

Article 10(Management of forest conservation zones) #

(1) The Minister of the Korea Forest Service or a Mayor/Do Governor shall endeavor to conserve and manage designated forest conservation zones in conformity with the purpose of designation. In such cases, if it deems necessary to conserve and manage a forest conservation zone or to improve the functions of a forest conservation zone, he or she may designate a caretaker or enter into an agreement on the conservation of a forest (hereinafter referred to as "agreement on conservation and management of a forest") with the owner or caretaker of a forest conservation zone to authorize him or her to manage the zone. <Amended on Feb. 22, 2012; Jun. 3, 2014>

(2) The Minister of the Korea Forest Service or a Mayor/Do Governor may issue an order to the owner or caretaker of a forest conservation zone or a person who executed an agreement on conservation and management of a forest regarding matters necessary for the conservation and management and may subsidize expenses incurred in the conservation and management, as prescribed by Presidential Decree. <Amended on Jun. 3, 2014>

(3) The State or a local government shall, if the owner of or a person with a right to use and profit from land, standing trees or bamboo in a forest conservation zone is not permitted to conduct an activity under Article 9 (2) 1 on the ground of public interest, compensate the owner for losses that he or she is ordinarily anticipated to sustain due to denial of such permission, as prescribed by Presidential Decree. <Amended on Aug. 13, 2013; Mar. 24, 2020>

(4) The Minister of the Korea Forest Service or a Mayor/Do Governor may install and operate the following facilities necessary to protect and manage a forest genetic resources protection zone that meets the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, in terms of its size, location, etc.: <Added on Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014>

1. Facilities for the examination, preservation and research of forest genetic resources;

2. Facilities for education, investigation and guidance in the forest genetic resources protection zone;

3. Other facilities necessary to protect and manage the forest genetic resources protection zone, which are prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

Article 10-3(Formulation and implementation of master plans for management of forest genetic resources protection zones) #

(1) In order to protect and manage forest genetic resources protection zones, the Minister of the Korea Forest Service shall formulate and implement a master plan for the management of forest genetic resources protection zones, including the following (hereinafter referred to as "master management plan"), every five years:

1. Matters concerning the establishment of objectives for protection and management of forest genetic resources protection zones;

2. Matters concerning the examination and research of forest genetic resources;

3. Matters concerning the geographic distribution of forest genetic resources;

4. Matters necessary for the sustainable use of forest genetic resources protection zones;

5. Matters necessary for the protection and management of forest genetic resources.

(2) The Minister of the Korea Forest Service shall formulate and implement an implementation plan for forest genetic resources protection zones (hereafter in this Article referred to as "implementation plan") each year in accordance with the master management plan and endeavor to secure funds necessary therefor. <Added on Jan. 8, 2019>

(3) The Minister of the Korea Forest Service shall have prior consultations with the heads of relevant administrative agencies and the heads of local governments in order to formulate or amend a master management plan; provided, this shall not apply where the Minister of the Korea Forest Service amends insignificant matters prescribed by Presidential Decree. <Amended on Jan. 8, 2019>

(4) Upon formulating or amending a master management plan or an implementation plan, the Minister of the Korea Forest Service shall publish the formulated or amended master management plan or implementation plan; notify the heads of the relevant central administrative agencies and Mayors/Do Governor of such plan; and submit such plan to the competent standing committee of the National Assembly, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Added on Jan. 8, 2019>

(5) Where necessary for formulating a master management plan or an implementation plan, the Minister of the Korea Forest Service may request the heads of relevant administrative agencies and the heads of local governments to submit data. In such cases, the heads of relevant administrative agencies and the heads of local governments shall comply with such request in the absence of good cause. <Amended on Jan. 8, 2019; Mar. 24, 2020>

(6) Pursuant to a master management plan, each Mayor/Do Governor and the director general of each regional office of forest service shall respectively formulate and implement a management plan for the forest genetic resources protection zones under his or her jurisdiction (hereafter in this Article referred to as "local management plan") every five years. <Amended on Jan. 8, 2019>

(7) Pursuant to a master management plan and a local management plan, each Mayor/Do Governor and the director general of each regional office of forest service shall respectively formulate and implement an annual implementation plan. <Amended on Jan. 8, 2019>

[This Article Added on Feb. 22, 2012]

[Title Amended on Jan. 8, 2019]

Article 11(Cancellation of designation of forest conservation zones) #

(1) The Minister of the Korea Forest Service or a Mayor/Do Governor may fully or partially revoke the designation of a forest conservation zone as follows: <Amended on Feb. 4, 2010; Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014; Dec. 27, 2016; Dec. 3, 2019; Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024>

1. Conservation zones for the living environment, conservation zones for scenic views, conservation zones for development of water resources, and conservation zones for disaster prevention:

(a) Where it is deemed unnecessary to keep the relevant area as a forest conservation zone because the purpose of designation has been attained;

(b) Where it is deemed the purpose of designation is no longer relevant because of any damage caused by a natural disaster, or any other ground prescribed by Presidential Decree;

(c) Where it is intended to use the relevant forest conservation zone as land for school facilities, farm road facilities, major industrial facilities, military facilities, river facilities, roads, railroad facilities, or other official or public facilities prescribed by Presidential Decree;

(d) Where it is intended to use the relevant forest conservation zone for purposes related to agriculture, forestry, fishing industry, or mining industry and for purposes prescribed by Presidential Decree, such as the development of agricultural land, facilities including housing on farms, facilities for fishery farming, etc.;

(e) Where it is deemed inevitable to revoke the designation for the purpose of the public interest, such as the designation and management of a protection zone under Article 27 of the Act on Conservation and Utilization of Cultural Heritage (including areas occupied by the State-designated cultural heritage), as well as protection zone under Article 13 of the Act on Conservation and Utilization of Natural Heritage zones (including areas occupied by natural monuments and scenic spots), due to the occurrence of grounds prescribed by Presidential Decree;

(f) Where it is intended to use the relevant forest conservation zone for purposes prescribed by Presidential Decree, such as collecting sand or stones in some parts of the forest conservation zone, to the extent such purposes do not impede the purpose of designation of a forest conservation zone;

(g) Where part of a conservation zone for development of water resources designated by the Minister of the Korea Forest Service pursuant to Article 7 (1) is included in a site for another purpose prescribed by Presidential Decree within the scope prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, so as not to impede its purpose of designation;

(h) Where it is deemed inevitable to revoke the designation for the purpose of public interest, such as the designation and management of a protection zone of City/Do-designated cultural heritage (including the area occupied by City/Do-designated cultural heritage) under Article 74 (2) of the Act on the Conservation and Utilization of Cultural Heritage, as well as a protection zone of City/Do natural heritage and natural heritage materials (including the area occupied by City/Do natural heritage) under Article 41 of the Act on the Conservation and Utilization of Natural Heritage, due to the occurrence of grounds prescribed by Presidential Decree arises;

2. Forest gene resources protection zones:

(a) In cases falling under subparagraph 1 (a) or (b);

(b) Where such protection zones are used as sites for military installations or other facilities specified by Presidential Decree for public use or public purposes or where it is deemed inevitable to revoke the designation of such protection zones for the public interest.

(2) A Mayor/Do Governor who intends to fully or partially revoke the designation of a forest conservation zone, in any of the following cases, shall first consult with the Minister of the Korea Forest Service: <Amended on Jul. 20, 2015; Dec. 3, 2019>

1. In cases falling under paragraph (1) 1 (a), (b), (g), or (h);

2. In cases falling under paragraph (1) 2 (a).

(3) Upon receipt of a request for consultation under paragraph (2), the Minister of the Korea Forest Service shall undergo deliberation by the Central Mountainous District Management Committee established under Article 22 (1) of the Mountainous Districts Management Act. <Added on Jul. 20, 2015>

(4) The Minister of the Korea Forest Service shall notify the competent Mayor/Do Governor of the consultation opinion reached based on the results of deliberation by the Central Mountainous District Management Committee referred to in paragraph (3). <Added on Jul. 20, 2015>

(5) Details about the procedures, method, etc. for revoking the designation of any forest conservation zone, shall be prescribed by Presidential Decree. <Added on Jul. 20, 2015>

Article 13(Designation and management of veteran trees) #

(1) A Mayor/Do Governor or the director general of a regional office of forest service shall designate a tree that requires special protection (hereinafter referred to as "veteran tree"), such as an old tree, giant tree, or rare tree of historic or scientific value, as a veteran tree.

(2) To designate a tree as a veteran tree under paragraph (1), a Mayor/Do Governor or the director general of a regional office of forest service shall publicly announce the following matters and inform those prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, including the owner of the tree to be designated and the head of the Si/Gun/Gu having jurisdiction over such tree, of the same: <Amended on Mar. 24, 2020>

1. Grounds for the designation;

2. The address of the tree to be designated;

3. Information on the tree to be designated, including its species, age, height, diameter at breast height, and crown width;

4. The period for filing an objection to designation;

5. Other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(3) In respect of the designation of a veteran tree under paragraph (1), the owner of, or any person who has a direct interest in, a tree to be designated as a veteran tree may file an objection with a Mayor/Do Governor or the director general of a regional office of forest service within the period for filing an objection under paragraph (2) 4, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(4) A Mayor/Do Governor or the director general of a regional office of forest service shall make a determination as to an objection within 20 days of receipt of the objection and inform the applicant of the determination without delay.

(5) If no objection is filed or an objection is deemed groundless, the Mayor/Do Governor or the director general of the regional office of forest service shall designate a tree as a veteran tree and publicly notify such designation, and inform its owner and the head of the Si/Gun/Gu having jurisdiction over the tree of such designation.

(6) The designation of a veteran tree shall take effect from the date the designation is publicly notified.

[This Article Wholly Amended on Jan. 8, 2019]

Article 14(Designation of forest cleanup zone) #

(1) The Minister of the Korea Forest Service, 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 may, if a forest has been polluted or is anticipated to be polluted and thus it is considered necessary to take measures for preventing the forest from pollution or cleaning up pollution or if deemed necessary for conserving a forest or forest environment, designate all or part of the forest as a forest cleanup zone in accordance with standards prescribed by Presidential Decree. <Amended on Jun. 3, 2014>

(2) The Minister of the Korea Forest Service, 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 may install facilities for preventing pollution in a forest cleanup zone designated pursuant to paragraph (1) and take other measures necessary for preventing and cleaning the forest from pollution and conserving the forest environment. <Amended on Jun. 3, 2014>

(3) The Minister of the Korea Forest Service, 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 may cancel the designation of a forest cleanup zone, if he or she finds that purposes of the designation have been achieved or that it is not necessary to keep the designation any longer. <Amended on Jun. 3, 2014>

(4) The Minister of the Korea Forest Service, 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, whenever he or she designates a forest cleanup zone pursuant to paragraph (1) or cancels the designation pursuant to paragraph (3), publicly notify such fact. <Amended on Jun. 3, 2014>

(5) The procedures for designation and management of forest cleanup zones and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 15(Designation of restricted zones) #

(1) If necessary for preventing forest fires, maintaining natural scenic views, conserving the natural environment, or forest conservation on other grounds, 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 may designate part of a forest (excluding a park zone under the Natural Parks Act) as a restricted zone for a specified period and restrict access by the general public or the passage of vehicles. <Amended on Jun. 3, 2014; Mar. 20, 2018>

(2) Upon designating a restricted zone in a mountain, 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 publicly notify such fact, affected areas, the period for restricting access by the general public or the passage of vehicles, etc., and shall install signs specified by Decree of the Ministry of Agriculture, Food and Rural Affairs, around the restricted zone. <Amended on Mar. 23, 2013; Jun. 3, 2014; Mar. 20, 2018>

(3) Any person who intends to enter a restricted zone in a mountain (including persons who intend to pass through the zone by vehicle) 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 competent regional forest office; provided, a person may enter a restricted zone without permission for carrying out a forest project, fighting a forest fire, or for other reasons specified by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 3, 2014; Mar. 20, 2018>

(4) 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 to grant permission within three days after receipt of an application for permission under the main sentence of paragraph (3). <Added on Mar. 20, 2018>

(5) 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 applicant of whether to grant permission or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (4), permission shall be deemed granted on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Added on Mar. 20, 2018>

(6) If the purpose of the designation of a restricted zone have been achieved or frustrated, 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 cancel the designation without delay and give public notice of such fact. <Amended on Jun. 3, 2014; Mar. 20, 2018>

(7) The procedures for the designation of a restricted zone in a mountain and the cancellation of the designation and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 20, 2018>

Article 18-2(Designation and management of species subject to special forest conservation) #

(1) The Minister of the Korea Forest Service or each Mayor/Do Governor may designate and manage forest resources, which are specially weak to climate change, forest disaster, artificial forest destruction, etc. or which need to be preferentially protected for the stability of the forest ecosystem and for their high value in terms of economy, culture and academy, as species subject to special forest conservation (hereinafter referred to as "protected species"); provided, where the Minister of the Korea Forest Service or each Mayor/Do Governor intends to designate or manage species, which have already been designated as protected species under other Acts and subordinate statues, as protective species under this Act, he or she shall consult with the heads of related central administrative agencies in advance.

(2) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may designate an area which specially needs to be protected, among areas in which protected species designated under paragraph (1) inhabit in group, as a conservation zone for forest gene resources under Article 7 (1) or ecological woods under Article 18 (1).

(3) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may establish and implement methods to minimize damage on protected species and their habitat in conducting forest business prescribed in subparagraph 3 of Article 2 of the Forest Resources Creation and Management Act.

(4) The Minister of the Korea Forest Service or a Mayor/Do Governor may subsidize all or part of costs necessary for conservation, management, proliferation, usage, development of variety and distribution of protected species designated under paragraph (1) within the budget.

(5) Other matters necessary for the type and method of designation of protected species under paragraph (1) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

[This Article Added on Jul. 14, 2011]

Article 21-6(Issuance of certificate of qualification for tree doctors) #

(1) The Minister of the Korea Forest Service shall issue a certificate of qualification for tree doctors, to a person who has passed a qualifying examination for tree doctors under Article 21-4 (1).

(2) The Minister of the Korea Forest Service shall issue a certificate of qualification for tree treatment technicians, to a person who has completed education for tree treatment technicians under Article 21-4 (3).

(3) Where a person issued with a certificate of qualification for tree doctors, etc. has lost his or her certificate of qualification or where the certificate of qualification is defaced, he or she may be reissued with the certificate of qualification by the Minister of the Korea Forest Service.

(4) No person shall borrow from, or lend to, another person his or her certificate of qualification for tree doctors, etc., or engage in brokering such activities.

(5) Matters necessary for the procedures for issuing or re-issuing certificates of qualification for tree doctors, etc. as well as for the management thereof under paragraphs (1) through (3), shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(6) The Minister of the Korea Forest Service may revoke the qualification of a tree doctor, etc. or issue an order to suspend the qualification of the tree doctor, etc. for a period not exceeding three years in any of the following cases; provided, the Minister of the Korea Forest Service shall revoke the qualification of the tree doctor, etc. in cases falling under subparagraph 1, 3, 5, or 6: <Amended on Dec. 3, 2019>

1. Where the tree doctor, etc. obtains the qualification of a tree doctor, etc. by fraud or other improper means;

2. Where the tree doctor, etc. works for at least two tree hospitals simultaneously, in violation of Article 21-4 (4);

3. Where the tree doctor, etc. becomes disqualified under Article 21-5;

4. Where the tree doctor, etc. lends his or her certificate of qualification for tree doctors, etc. to another person, in violation of paragraph (4);

5. Where the tree doctor, etc. treats trees during the period of suspension of qualification for a tree doctor, etc.;

6. Where the tree doctor, etc. treats trees differently from the actual conditions, by intention;

7. Where the tree doctor, etc. treats trees differently from the actual conditions, by negligence;

8. Where the tree doctor, etc. issues a prescription or relevant document under Article 21-12 by fraud or other improper means.

(7) Detailed standards for the revocation or suspension of qualification of tree doctors, etc. under paragraph (6), shall be prescribed by Presidential Decree, in consideration of the type, degree, etc. of the relevant violation.

[This Article Added on Dec. 27, 2016]

Article 21-7(Designation of training institutions for tree doctors) #

(1) The Minister of the Korea Forest Service may designate a training institution, facility, or organization related to tree medicine, which meets the requirements prescribed by Presidential Decree, as a training institution for tree doctors, etc.

(2) Where any training institution for tree doctors, etc. designated as such pursuant to paragraph (1) falls under any of the following cases, the Minister of the Korea Forest Service may revoke its designation or issue a corrective order, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs; provided, where any training institution for tree doctors, etc. falls under subparagraph 1, he or she shall revoke its designation: <Amended on Dec. 3, 2019>

1. Where the refresher training institution is designated by fraud or other improper means;

2. Where it fails to meet any of the requirements for designation referred to in paragraph (1);

3. Any other cases prescribed by Presidential Decree, including where the relevant institution is operated in a manner different from the training courses for tree doctors, etc. submitted at the time of designation;

4. Where the refresher training institution fails to file a report or submit data or refuses an examination or inspection required under Article 21-14 (1) without good cause.

(3) The Minister of the Korea Forest Service shall not designate any person for whom designation has been revoked under paragraph (2) (including the representative of a corporation the designation of which has been revoked; or a corporation re-established by such representative to make it designated as a training institution for tree doctors, etc.), as a training institution for tree doctors, etc., within one year after revocation of the designation; provided, where the designation has been revoked on the ground specified in paragraph (2) 1, the Minister of the Korea Forest Service shall not designate the relevant person as a training institution for tree doctors, etc., within three years after revocation of the designation.

(4) The Minister of the Korea Forest Service shall endeavor to designate and operate at least one training institution for tree doctors, etc. for each metropolitan local government. <Added on Apr. 13, 2021>

(5) The details and period of education to be implemented by training institutions for tree doctors, etc. designated as such pursuant to paragraph (1), and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Apr. 13, 2021>

(6) Detailed standards for revocation of the designation of training institutions for tree doctors, etc. as well as for corrective orders referred to in paragraph (2), shall be prescribed by Presidential Decree, in consideration of the type, severity, etc. of the relevant violation. <Amended on Apr. 13, 2021>

[This Article Added on Dec. 27, 2016]

Article 21-9(Registration of tree hospitals) #

(1) A person who intends to provide the service of treating trees shall be a corporation and be registered with the competent Mayor/Do Governor upon meeting the registration requirements for each type of tree hospital prescribed by Presidential Decree, such as technology levels and capital. <Amended on Dec. 3, 2019>

(2) The competent Mayor/Do Governor shall issue a registration certificate to a person that has registered a tree hospital under paragraph (1).

(3) Where any alteration is made to significant matters prescribed by Presidential Decree, among matters registered pursuant to paragraph (1), an alteration registration shall be made during the period prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(4) No person shall treat any of the following trees without registering the relevant tree hospital; provided, this shall not apply where the State or a local government implements a project to control forest diseases and pests or where the State, a local government, or the tree owner directly treats trees:

1. Trees which inhabit a forest defined in Article 2 of the Creation and Management of Forest Resources Act (hereafter in this paragraph referred to as "forest");

2. Trees in an area other than forest (excluding crops defined in subparagraph 4 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters).

(5) No person shall lend the registration certificate of a tree hospital issued pursuant to paragraph (2), to another person.

(6) No person other than one who completes the registration of a tree hospital under this Act shall use the name "tree hospital" or any other similar name. <Added on Dec. 3, 2024.>

(7) Procedures for the registration of tree hospitals or registration of any modifications thereof, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 3, 2024>

[This Article Added on Dec. 27, 2016]

Article 21-10(Revocation of registration of tree hospitals) #

(1) A Mayor/Do Governor may revoke the registration of a tree hospital or issue an order to suspend its business for a period not exceeding one year in any of the following cases; provided, the Mayor/Do Governor shall revoke the registration of the tree hospital in cases falling under subparagraph 1, 5, or 6: <Amended on Dec. 3, 2019; Dec. 27, 2022>

1. Where the tree hospital is registered by fraud or other improper means;

2. Where the tree hospital fails to meet the registration requirements prescribed in Article 21-9 (1);

3. Where the tree hospital fails to file an alteration registration, or files an alteration registration by improper means, in violation of Article 21-9 (3);

4. Where the tree hospital lends the certificate of registration to another person, in violation of Article 21-9 (5);

4-2. Where the tree hospital fails to file a report or submit data or refuses an examination or inspection required under Article 21-14 (1) without good cause;

5. Where the tree hospital engages in tree treatment business during the period of business suspension, or receives an order to suspend business at least three times during the last five years;

6. Where the tree hospital is closed.

(2) No person for which three years have not elapsed since the revocation of registration under paragraph (1) 1 through 4, 4-2, and 5, shall be registered as a tree hospital under Article 21-9 (1). <Amended on Dec. 3, 2019>

(3) Detailed standards for the revocation of registration or the suspension of business referred to in paragraph (1), shall be prescribed by Presidential Decree, in consideration of the type, severity, etc. of the relevant violation.

(4) Upon revoking the registration of a tree hospital or issuing an order to suspend its business under paragraph (1), the relevant Mayor/Do Governor shall notify the Minister of the Korea Forest Service thereof. <Added on Dec. 3, 2019>

(5) Where suspension of business is to be ordered under subparagraph 3 or 4-2 of paragraph (1) but is likely to cause great inconvenience to users or harm the public interest, the Mayor/Do Governor may impose a penalty surcharge of up to 20 million won in lieu of the business suspension. <Added on Dec. 27, 2022>

(6) Types of violations for which penalty surcharges are imposed under Article 5, penalty surcharges depending on the severity, etc. of the violation, and other necessary matters shall be prescribed by Presidential Decree. <Added on Dec. 27, 2022>

(7) Where a person subject to a penalty surcharge under paragraph (5) fails to pay it by the deadline, the Mayor/Do Governor shall collect it in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Dec. 27, 2020>

[This Article Added on Dec. 27, 2016]

Article 21-13(Training for tree doctors) #

(1) Tree doctors working for tree hospitals shall receive refresher training regularly in order to enhance their expertise and vocational ethics; provided, this shall not apply if a tree doctor is unable to receive refresher training on the grounds prescribed by Presidential Decree, including a disease or leave of absence.

(2) The Minister of the Korea Forest Service may designate an institution or organization that meets the requirements prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, including facilities, personnel, and training records, as an institution conducting refresher training (hereafter in this Article referred to as "refresher training institution").

(3) The Minister of the Korea Forest Service may revoke the designation of a refresher training institution in any of the following cases; provided, the Minister of the Korea Forest Service must revoke the designation of a refresher training institution in cases falling under subparagraph 1:

1. Where the refresher training institution is designated by fraud or other improper means;

2. Where the refresher training institution records a person who has not completed a refresher training as having completed it;

3. Where the refresher training institution fails to meet the requirements prescribed in paragraph (2);

4. Where the refresher training institution fails to file a report or submit data or refuses an examination or inspection required under Article 21-14 (1) without good cause.

(4) The Administrator of the Korea Forest Service may, within the budgetary limits, provide support for part of the facilities, equipment, and expenses necessary for education to the refresher training institutions designated under paragraph (2). <Added on Dec. 3, 2024.>

(5) The period, curriculum, methods, procedures, and costs of the refresher training institutions under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 3, 2024>

[This Article Added on Dec. 3, 2019]

Article 21-14(Reporting and inspection) #

(1) The Minister of the Korea Forest Service or a Mayor/Do Governor may request any of the following entities to file a report on its business activities or to submit relevant data with respect to his or her functions, or assign a subordinate public official to examine or inspect the ledgers, documents, and other things or to make necessary inquiries to related persons by entering its establishment or office:

1. A training institution for tree doctors, etc. designated under Article 21-7;

2. A tree hospital registered under Article 21-9;

3. A Korean Association of Tree Doctors established under Article 21-11;

4. A refresher training institution designated under Article 21-13.

(2) To conduct an examination or inspection or to make inquiries under paragraph (1) (hereafter in this Article referred to as "examination or similar activities"), the Minister of the Korea Forest Service or a Mayor/Do Governor shall notify the examinee or inspectee, in writing, of a plan stating the date, reasons, and details of the examination or similar activities by not later than seven days of the examination or similar activities; provided, he or she may notify the examinee or inspectee, orally, simultaneously with the commencement of the examination or inspection, in any of the following cases:

1. If urgent or the giving of a prior notice can defeat the purpose of the examination or similar activities;

2. If a public official conducts the examination or similar activities with the voluntary cooperation of the subject of such examination or similar activities.

(3) A public official who conducts an examination or similar activities under paragraph (1) shall carry an identification indicating his or her authority and present it to relevant persons.

(4) If necessary to examine and verify whether or not a tree hospital meets the registration requirements prescribed in Article 21-9, a Mayor/Do Governor may request the heads of relevant agencies to provide data on insurance for tree doctors, etc. employed by the tree hospital, including the National Health Insurance, National Pension, Employment Insurance, and Industrial Accident Compensation Insurance. In such cases, upon receipt of a request to provide data, the heads of relevant agencies shall comply therewith unless there is good cause.

(5) Where the Minister of the Korea Forest Service finds the fact that a tree hospital falls under any subparagraph of Article 21-10 (1), he or she may notify the relevant Mayor/Do Governor of such fact and request such Mayor/Do Governor to revoke the registration of, or suspend the business of, the tree hospital.

(6) Where a Mayor/Do Governor finds the fact that a tree doctor, etc. falls under any subparagraph of Article 21-6 (6), he or she shall notify the Minister of the Korea Forest Service of such fact.

[This Article Added on Dec. 3, 2019]

Article 24(Order to take control measures) #

(1) When a forest disease or pests are likely to develop or has already developed, the relevant forest owner shall take measures necessary for preventive observations and control measures.

(2) When a forest disease or pests are likely to develop or have already developed, the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may take measures necessary for preventive observations and control measures. <Amended on Feb. 22, 2012>

(3) When a forest disease or pests are likely to develop or have already developed, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may order the relevant forest owner, forest caretaker, person engaged in forestry business, or the owner or distributor of trees, etc. to take the following measures. In such cases, the relevant person so ordered shall comply therewith, unless an extenuating circumstance exists: <Added on Feb. 22, 2012>

1. Removal of trees, branches, or roots infected by a forest disease or pests;

2. Restrictions on the relocation, or prohibition of use, of seedlings for forestry, felled trees, trees for landscaping, turfs, soil and rocks, etc., which are likely to be infected or have been infected by a forest disease or pests;

3. Prevention of disease from animals, such as insects carrying a forest disease or pests or causing damage, or removal of plants spreading damage from a forest disease or pests;

4. Disinfection of seedlings and soil likely to develop or have developed a forest disease or pests.

(4) When a Mayor/Do Governor, the head of a Si/Gun/Gu or the head of a regional forest office issues an order to restrict the relocation, or prohibit the use, of seedlings for forestry, felled trees, or trees for landscaping pursuant to paragraph (3) 2, he or she shall publicly announce the details thereof for ten or more days on the bulletin boards or Internet websites of the relevant agencies. <Amended on Feb. 22, 2012>

(5) When a person, to whom an order to restrict relocation or prohibit use was issued pursuant to paragraph (3) 2, files an application for cancellation of the restriction on relocation or the prohibition of use, such restriction on relocation or prohibition of use may be canceled only where it is confirmed that control measures against a forest disease or pests are complete. <Amended on Feb. 22, 2012>

(6) Matters necessary for the confirmation on completion of control measures against a forest disease or pests and the restriction on relocation or the prohibition of use shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 22, 2012; Mar. 23, 2013>

(7) A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may subsidize expenses incurred in carrying out measures under the subparagraphs of paragraph (3), as prescribed by Presidential Decree. <Amended on Feb. 22, 2012>

Article 26(Planning and supervision of pest control projects) #

(1) The head of an agency responsible for preventive observations and control measures shall, when he or she intends to implement a pest control project of a scale specified by Presidential Decree, retain a person who shall take charge of planning and supervision of the pest control project. <Amended on Feb. 22, 2012>

(2) To be qualified for planning and supervision under paragraph (1), a person shall meet the requirements under any of the following subparagraphs: <Amended on Apr. 12, 2010>

1. A professional engineer who runs an office specializing in forestry under the Professional Engineers Act;

2. An engineering business entity specializing in forestry under the Engineering Technology Promotion Act;

3. Other persons prescribed by Presidential Decree.

(3) A person who is retained for planning and supervision of a pest control project shall comply with this Act, orders issued pursuant to this Act, and other relevant Acts and subordinate statutes in performing the planning and supervisory work.

(4) The supervisor of a pest control project shall, it he or she discovers any violation of this Act, an order issued pursuant to this Act, or other relevant Act or subordinate statute or if the contractor of the pest control project fails to perform the pest control project in conformity with plans and designs, request the contractor to correct such violation or perform the works again.

(5) The supervisor of a pest control project may, if the contractor of the pest control project does not comply with a request under paragraph (4), request the contractor to suspend the pest control project in writing. In such cases, the contractor of a pest control project shall, upon receiving a request to suspend works, shall suspend works immediately, unless he or she has any justifiable ground to the contrary.

(6) The standards and procedure for the planning and supervision of a pest control project and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 28(Establishment of long-term measures for prevention of forest fires) #

(1) The Minister of the Korea Forest Service shall establish and enforce nationwide long-term measures for prevention of forest fires, including the following matters, every five years for efficient and systematic prevention of forest fires:

1. Goals and the direction of nationwide long-term measures for prevention of forest fires;

2. Matters concerning the expansion of human resources, facilities, and equipment for prevention of forest fires;

3. Matters concerning the rearrangement of Acts and subordinate statutes relevant to prevention of forest fires and the improvement of systems;

4. Matters concerning requesting cooperation in prevention of forest fires;

5. Matters concerning education and training on prevention of forest fires;

6. Matters concerning research on prevention of forest fires;

7. Matters concerning recovery and restoration of areas destroyed by forest fires;

8. Other matters specified by Presidential Decree concerning prevention of forest fires.

(2) Each Mayor/Do Governor or the head of each regional forest office shall establish and enforce regional long-term measures for prevention of forest fires every five years, taking into consideration distinct characteristics of the region under his or her jurisdiction.

(3) The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a regional forest office may request the head of the competent authority for forest fires to submit data necessary for the establishment or amendment of nationwide or regional long-term measures for prevention of forest fires, and the head of the competent authority for forest fires shall, upon receiving such a request, comply with the request, unless he or she has any justifiable reason to the contrary.

(4) Matters necessary for the establishment or amendment of nationwide and regional long-term measures for prevention of forest fires under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 34(Restriction on activities for prevention of forest fires) #

(1) No one shall commit any of the following acts in a forest or in an area near a forest specified by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Feb. 18, 2020>

1. Making a fire or carrying a fire into the forest;

2. Smoking a cigarette or discarding a cigarette butt;

3. Flying a small hot-air balloon, such as a sky lantern, during a period prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(2) Notwithstanding paragraph (1), any act referred to in paragraph (1) 1 are allowed in any of the following cases or areas: <Amended on Mar. 23, 2013; Jun. 3, 2014; Dec. 27, 2016>

1. Where a measure specified by Presidential Decree, such as removing combustible substances, has been taken to prevent a forest fire from spreading and permission has been obtained from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the competent head of a Si/Gun/Gu, or the competent head of a regional forest office, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;

2. Where such activities are conducted in an area specified by Presidential Decree, such as a camp site in which camping is permitted.

(3) 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 may, when he or she grants permission under paragraph (2) 1, attach a condition to the permission to require to take measures necessary for preventing forest fires, and the person who has obtain permission shall notify the owner, tenant, or caretaker of a neighboring forest of his or her intended activities before starting a fire. <Amended on Jun. 3, 2014>

(4) 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, if he or she considers it necessary for preventing forest fires, prohibit any person who enters a forest from carrying with him or her a burner, combustible substance, or inflammable substance. <Amended on Jun. 3, 2014>

Article 35(Education on forest fire prevention) #

(1) The Minister of the Korea Forest Service shall establish and implement a plan for education on forest fire prevention, including the following matters therein, to train professional human resources specializing in forest fire prevention and enhancing citizens' awareness and knowledge of prevention of forest fires, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013>

1. Objectives of education and direction-setting for the operation thereof;

2. Details and methods of education, persons to receive education, period of education, etc.

(2) The head of each local agency responsible for forest fire management shall have employees in charge of fire prevention receive education on prevention of forest fires, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(3) The head of each local agency responsible for forest fire management shall provide education on forest fire prevention to any of the following persons, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Added on Jun. 3, 2014>

1. Fire-fighters of specialized forest firefighting and prevention squad under Article 41 (1) 2;

2. Other persons designated by Decree of the Ministry of Agriculture, Food and Rural Affairs to be engaged in the local agency responsible for forest fire management in order to perform duties for forest fire prevention.

(4) Where the head of an agency or organization referred to in each subparagraph of Article 39 (1) requests education on forest fire prevention to personnel necessary for fighting forest fires under the jurisdiction of such agency or organization, the head of each local agency responsible for forest fire management may provide education on forest fire prevention, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Added on Jun. 3, 2014>

(5) The head of each local agency responsible for forest fire management may entrust the Korea Forest Fires Prevention Technology Association under Article 35-2 with the duties of education on forest fire prevention under paragraphs (3) and (4). <Added on Jun. 3, 2014>

Article 40(Demand for censure in connection with prevention of forest fires) #

(1) The Minister of the Korea Forest Service or the head of the local agency responsible for control of forest fires shall notify the head of an agency or organization of a list of public officials or employees who belong to the local agency responsible for control of forest fires or the competent agency for forest fires but who violated an instruction or neglected their assignment while conducting works for prevention of forest fires, firefighting, or restoration, along with relevant materials that can prove such violation or neglect. <Amended on Mar. 20, 2018>

(2) The consolidated commander at a forest fire site shall notify the head of an agency or organization of a list of public officials or employees who belong to the local agency responsible for control of forest fires or the competent agency for forest fires but who did not follow the command under Article 38 or neglected an assignment allocated thereto, along with relevant materials that can prove such violation or neglect. <Amended on Mar. 20, 2018>

(3) The head of an agency or organization shall, upon receipt of a notice pursuant to paragraphs (1) or (2), shall censure the public officials or employees on the list or take other appropriate measures and shall notify the head of the notifying agency of results of the measures taken.

(4) The Minister of the Korea Forest Service, the head of the local agency responsible for control of forest fires, or the consolidated commander at a forest fire site may assign public officials under his or her control to make investigations necessary for proving facts under paragraphs (1) and (2). In such cases, an investing public official shall carry with him or her an identification card showing his or her authority and produce it to people concerned.

(5) Guidelines for the notice under paragraphs (1) and (2), investigations and demand for censure under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

Article 45-2(Formulation and implementation of long-term plans for prevention of landslides) #

(1) For the systematic prevention of landslides, the Minister of the Korea Forest Service shall formulate and implement a long-term national plan for the prevention of landslides, including the following matters, every five years:

1. Objectives of and direction-setting for the promotion of the long-term national plan for the prevention of landslides;

2. Matters concerning the installation and management of erosion control facilities under subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act, such as debris barriers;

3. Matters concerning the expansion of budget, personnel, facilities, etc. for the prevention of landslides;

4. Matters concerning systematic improvement, such as the rearrangement of Acts and subordinate statutes concerning the prevention of landslides;

5. Matters concerning making requests for cooperation in the prevention of landslides;

6. Matters concerning the construction of information systems for landslides, designation and management of areas vulnerable to landslides, etc.;

7. Matters concerning education and research of the prevention of landslides;

8. Matters concerning recovery and reinstatement of areas damaged by landslides;

9. Other matters prescribed by Presidential Decree concerning the prevention of landslides.

(2) Where the Minister of the Korea Forest Service formulates a long-term national plan for the prevention of landslides pursuant to paragraph (1), he or she shall notify Mayors/Do Governors, the heads of regional forest offices and the heads of landslide-related institutions of such plan. The same shall also apply to any modification of the long-term national plan for the prevention of landslides.

(3) Each Mayor/Do Governor or the head of each regional forest office shall formulate a long-term local plan for the prevention of landslides every five years in consideration of the characteristics of the areas under his or her jurisdiction, based on a long-term national plan for the prevention of landslides.

(4) Where a Mayor/Do Governor or the head of a regional forest office formulates a long-term local plan for the prevention of landslides pursuant to paragraph (3), he or she shall notify the Minister of the Korea Forest Service, the heads of competent Sis/Guns/Gus, the heads of regional forest offices, the heads of State forest offices and the heads of landslide-related institutions of such plan. The same shall also apply to any modification of the long-term local plan for the prevention of landslides.

(5) The Minister of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may request the heads of landslide-related institutions to submit data necessary for the formulation and modification of long-term national measures for the prevention of landslides and long-term local measures for the prevention of landslides. In such cases, landslide-related institutions so requested shall comply therewith in the absence of any justifiable ground.

(6) Matters necessary for the formulation and modification of long-term national measures for the prevention of landslides and long-term local measures for the prevention of landslides under paragraphs (1) through (5) shall be prescribed by Presidential Decree.

[This Article Added on Feb. 22, 2012]

Article 45-8(Designation and rescission of landslide-prone areas) #

(1) In order to protect people's lives and property, and forest resources from landslides, such as installing preventive facilities in areas susceptible to landslides, the heads of local landslide prevention institutions may designate landslide-prone areas, based on the findings of an inspection of actual conditions under Article 45-7 (2). In such cases, it shall be deliberated upon by the relevant committee for designation of landslide-prone area referred to in Article 45-9 and undergo the process of resident consensus gathering.

(2) Where the head of a local landslide prevention institution intends to designate a landslide-prone area pursuant to paragraph (1), he or she shall publicly announce the following matters with regard to the area to be designated, and inform the owners of the relevant land and the head of the competent Si/Gun/Gu thereof: <Amended on Mar. 23, 2013>

1. Grounds for the designation;

2. Location and area of the land to be designated;

3. Period within which objections can be raised against the designation;

4. Any other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(3) The owner of land or a person directly related to the relevant forest (hereinafter referred to as "interested person") may raise an objection against the designation of a landslide-prone area pursuant to paragraph (1) within the period for raising an objection referred to in paragraph (2), as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(4) The head of a local landslide prevention institution shall render a decision within 20 days from the date of receipt of an objection raised under paragraph (3), and inform the applicant of the result thereof without delay.

(5) If no objection under paragraph (3) is raised or an objection is deemed groundless, the head of a local landslide prevention institution shall designate and publicly notify the relevant area as a landslide-prone area, and notify the owners of the land, interested persons, and the head of the competent Si/Gun/Gu thereof; provided, where the addresses or whereabouts of the owners of the land and the interested persons are unknown, public announcement prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs shall be made in lieu thereof. The same shall also apply to any change to an area publicly notified. <Amended on Mar. 23, 2013>

(6) The designation of a landslide-prone area shall become effective from the date of public notice under paragraph (5).

(7) Where the purpose of designation of a landslide-prone area under paragraph (1) is accomplished, due to the implementation, etc. of a land erosion control project under Article 3 of the Erosion Control Work Act, such as installing debris barriers, the head of a local landslide prevention institution may rescind such designation.

(8) Where the head of a local landslide prevention institution designates, publicly notifies, or rescinds a landslide-prone area pursuant to paragraph (5) or (7), he or she shall report thereon to the Minister of the Korea Forest Service and the head of a relevant central administrative agency through the competent Mayor/Do Governor.

(9) The head of a local landslide prevention institution shall install warning signs in landslide-prone areas. <Added on Feb. 3, 2015>

(10) No person shall relocate or destroy any warning sign installed under paragraph (9) without permission from the person who installed the sign. <Added on Feb. 3, 2015>

(11) If the head of a local landslide prevention institution fails to designate an area as a landslide-prone area, although it is necessary to designate the area as a landslide-prone area under paragraph (1), the Minister of the Korea Forest Service or the relevant Mayor/Do Governor may request the head of the local landslide prevention institution to designate and publicly notify such area as a landslide-prone area. In such cases, the head of the local landslide prevention institution shall comply with such request, unless there is a compelling reason not to do so. <Amended on Feb. 3, 2015; Mar. 24, 2020>

(12) Other matters necessary for the designation and public notice of landslide-prone areas, the installation of warning signs, etc. shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Feb. 3, 2015>

[This Article Added on Feb. 22, 2012]

Article 54(Penalty provisions) #

(1) Any person who steals a veteran tree or a product thereof from a forest conservation zone shall be punished by imprisonment with labor for at least one year, but not exceeding 10 years.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jul. 14, 2011; Jun. 3, 2014; Dec. 27, 2016; Jan. 8, 2019>

1. A person who thins standing trees or bamboos, mines or collects forestry products, or damages or withers any standing tree, bamboo, or forestry products, in violation of Article 9 (1); grazes livestock; or changes the form or quality of land prescribed by Presidential Decree;

2. A person who cuts standing trees or bamboo, thins or extracts a forestry product, grazes livestock, or otherwise changes the form or quality of any land specified by Presidential Decree, without permission under Article 9 (2) 1;

3. A person who thins, mines, collects, damages, or withers a protected species or destroys any habitat thereof, in violation of Article 18-3 (1) or (2);

4. A person who damages erosion control facilities, or rejects or hinders the installation or management of erosion control facilities, in a landslide-prone area, in violation of Article 45-10.

(3) A person who destroys all or part of any veteran tree in violation of Article 13-3 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Added on Jan. 8, 2019>

(4) A person who fails to comply with an order issued under Article 24 (3) 2 shall be punished by a fine not exceeding 10 million won. <Amended on Feb. 22, 2012; Jan. 8, 2019>

(5) Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Dec. 27, 2016; Jan. 8, 2019; Dec. 3, 2024>

1. A person who treats trees without acquiring the qualification of a tree doctor, etc. under Article 21-4 (1) or (3);

2. A tree doctor, etc. who works for at least two tree hospitals simultaneously, in violation of Article 21-4 (4);

3. A person who uses the name "tree doctor, etc." or any other similar name, in violation of Article 21-4 (5);

4. Deleted; <Mar. 24, 2020>

5. A tree doctor, etc. who treats trees during the period of suspension of qualification referred to in Article 21-6 (6);

6. A person who treats trees without registering the relevant tree hospital, in violation of Article 21-9 (4);

7. A person who lends the registration certificate of a tree hospital to another person, in violation of Article 21-9 (5);

7-2. A person who uses the name of a tree hospital or any other name similar thereto, in violation of Article 21-9 (6);

8. A person who fails to comply with an order issued pursuant to Article 24 (3) 1, 3, or 4;

9. A person who violates Article 26 (3) in the course of planning or supervision.

(6) A person who violates paragraph (2) may be punished by penal detention or a minor fine, depending upon extenuating circumstances, if the damage caused by the violation is less than 100,000 won at the place of origin. <Amended on Jan. 8, 2019>

(7) A person who habitually commits a crime specified in paragraph (2) shall be punished by imprisonment with labor for not exceeding 10 years. <Amended on Jan. 8, 2019>

(8) An attempt to commit a crime specified in paragraph (1) shall be punished. <Amended on Jan. 8, 2019>

Article 57(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 3, 2019>

1. A person who fells a tree for forest tending, fells other standing tree or bamboo prescribed by Presidential Decree, or harvests or collects forest products, without reporting required under Article 9 (2) 2;

2. A tree hospital that uses a pesticide without a prescription issued by a tree doctor or does not use a pesticide as stated in a prescription, in violation of Article 21-12 (4).

(2) Any person who relocates or destroys a warning sign, in violation of Article 45-8 (10), shall be subject to an administrative fine not exceeding two million won. <Added on Feb. 3, 2015>

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Feb. 3, 2015; Dec. 3, 2019; Feb. 18, 2020; Dec. 3, 2024>

1. A person who dumps sewage or waste in a forest, in violation of subparagraph 1 of Article 16;

1-2. A tree doctor who fails to prepare a treatment chart or to document the details of treatment in a treatment chart, or documents false information, in violation of Article 21-12 (1);

1-3. A tree doctor who issues a prescription or relevant document without directly treating a tree, in violation of Article 21-12 (2);

1-4. A tree doctor who refuses to issue a prescription or relevant document without good cause, in violation of Article 21-12 (3);

1-5. A tree doctor who fails to receive refresher training, in violation of Article 21-13 (1);

1-6. A related institution, corporation, or organization that fails to provide information or data or provides false information or data, in violation of Articles 21-15 (3) and 21-16 (3);

1-7. A tree doctor, etc. who files a report on his/her career, etc. or a report on any modifications thereof by fraud or other improper means, in violation of Article 21-16 (4);

2. A person who makes a fire in a forest or in an area near a forest or carries a fire thereinto, in violation of Article 34 (1) 1 (excluding those who have obtained permission under paragraph (2) of the aforesaid Article);

3. A person who flies a small hot-air balloon, such as a sky lantern, in a forest or in an area near a forest during a period prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, in violation of Article 34 (1) 3.

(4) Any of the following persons shall be subject to an administrative fine not exceeding 300,000 won: <Amended on Feb. 3, 2015>

1. A person who smokes a cigarette or who discards a lit cigarette butt in a forest, in violation of Article 34 (1) 2;

2. A person who sets a fire without giving notice to the owner, tenant, or caretaker of a neighboring forest, in violation of Article 34 (3);

3. A person who enters a forest, carrying a burner, combustible substance, or inflammable substance, in violation of a prohibition order issued under Article 34 (4).

(5) Any of the following persons shall be subject to an administrative fine not exceeding 200,000 won: <Amended on Feb. 3, 2015; Mar. 20, 2018>

1. A person who enters a restricted zone in a mountain (including persons who pass through the zone by vehicle) without permission under Article 15 (3);

2. A person who moves at will, defaces, or destroys a sign installed by a forest administrative office, in violation of subparagraph 2 of Article 16.

(6) Administrative fines prescribed in paragraphs (1) through (5) shall be imposed and collected by the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, the director general of a regional office of forest service, or the head of a State forest office, as prescribed by Presidential Decree. <Amended on Feb. 3, 2015>

FOREST PROTECTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic principles for forest conservation) #

Article 4(Scope of application) #

Article 5(Relationship to other statutes) #

Article 6(Classification of forests and administrative agencies having jurisdiction over forests) #

Article 7(Designation of forest conservation zones) #

Article 8(Public notice of designation of forest conservation zones) #

Article 9(Restrictions on activities within forest conservation zones) #

Article 10(Management of forest conservation zones) #

Article 10-2(Management of forest genetic resources protection zones in national parks) #

Article 10-3(Formulation and implementation of master plans for management of forest genetic resources protection zones) #

Article 10-4(Evaluation of efficacy) #

Article 11(Cancellation of designation of forest conservation zones) #

Article 11-2(Re-designation of forest conservation zones) #

Article 12(Purchase and exchange of land within forest conservation zones) #

Article 12-2(Sale and exchange of land in conservation zones for development of water resources) #

Article 13(Designation and management of veteran trees) #

Article 13-2(Management and relocation of veteran trees) #

Article 13-3(Prohibited activities with regard to veteran trees) #

Article 13-4(Revocation of designation of veteran trees) #

Article 13-5(Deliberative committee on veteran trees) #

Article 13-6(Support for damage caused by veteran trees) #

Article 14(Designation of forest cleanup zone) #

Article 15(Designation of restricted zones) #

Article 16(Prohibited activities for prevention of forest pollution) #

Article 17(Employment of forest guards) #

Article 18(Designation of ecological woods) #

Article 18-2(Designation and management of species subject to special forest conservation) #

Article 18-3(Prohibition of thinning out and extracting of protected species) #

Article 19(Levels of health and vitality of forests) #

Article 20(Establishment of long-term plans for preventive observations and preventive measures against forest diseases and pests) #

Article 21(Annual plans for preventive observation and control measures against forest diseases and pests) #

Article 21-2(Investigations and research of forest diseases and pests, and technical development) #

Article 21-3(Establishment and implementation of policies for treatment of trees) #

Article 21-4(Acquiring qualification of tree doctors) #

Article 21-5(Disqualification for tree doctors) #

Article 21-6(Issuance of certificate of qualification for tree doctors) #

Article 21-7(Designation of training institutions for tree doctors) #

Article 21-8(Measures against cheaters) #

Article 21-9(Registration of tree hospitals) #

Article 21-10(Revocation of registration of tree hospitals) #

Article 21-11(Korean association of tree doctors) #

Article 21-12(Issuance of prescriptions) #

Article 21-13(Training for tree doctors) #

Article 21-14(Reporting and inspection) #

Article 21-15(Establishment and operation of tree treatment information system) #

Article 21-16(Issuance of career certificates of tree doctors) #

Article 22(Headquarters for preventive observations and control measures against forest diseases and pests) #

Article 23(Preventive observations) #

Article 24(Order to take control measures) #

Article 25(Control measures against forest diseases and pests) #

Article 26(Planning and supervision of pest control projects) #

Article 27(Designation of special pest control zone against forest diseases and pests, cancellation of such designation) #

Article 27-2(Establishment of forest diseases and pests monitoring headquarters) #

Article 28(Establishment of long-term measures for prevention of forest fires) #

Article 29(Establishment of annual measures for prevention of forest fires) #

Article 30(Establishment of headquarters for measures for prevention of forest fires) #

Article 31(Designation of forest fire alert period) #

Article 32(Forest fire warnings and countermeasures) #

Article 33(Prevention of forest fires) #

Article 34(Restriction on activities for prevention of forest fires) #

Article 35(Education on forest fire prevention) #

Article 35-2(Establishment of Korea Forest Fire Prevention Technology Association) #

Article 35-3(Duties of the Association) #

Article 35-4(Qualifications of Association members) #

Article 35-5(Articles of incorporation of association) #

Article 35-6(Operational expenses of Association) #

Article 35-7(Prohibition of use of similar name) #

Article 36(Information and reporting on forest fires) #

Article 37(Consolidated command of fighting forest fires) #

Article 38(Establishment and operation of consolidated command headquarters at forest fire site) #

Article 39(Cooperation) #

Article 40(Demand for censure in connection with prevention of forest fires) #

Article 41(Installation of forest firefighting forces) #

Article 42(Investigation of forest fire) #

Article 43(Recovery of areas destroyed by forest fire) #

Article 44(Compensation for casualties) #

Article 45(Evaluation and analysis on actions against forest fire) #