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ACT ON THE SUSTAINABLE USE OF TIMBERS — 법갈피

영문법령 / ACT ON THE SUSTAINABLE USE OF TIMBERS

ACT ON THE SUSTAINABLE USE OF TIMBERS

법률타법개정시행 2022-02-18산림청,산림청 · 제18425호 · 공포 2021-08-17

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to cope with climate change and to contribute to improving the quality of life for people and the sound development of the national economy by increasing the carbon sinking function and other diverse functions of timber and using the timber in a sustainable manner.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended on Mar. 21, 2017; Feb. 21, 2018; Jan. 8, 2019>

1. The term "timber" means a product manufactured by cutting standing timber or bamboo defined in the Creation and Management of Forest Resources Act (including raw timber and any imported product thereof);

1-2. The term "raw timber" means a log which does not undergo the sawmilling process after cutting;

2. The term "timber product" means a product (including any imported product) manufactured by processing timber or any other material physically or chemically, which contains timber as its constituent at a ratio not less than that prescribed by Presidential Decree;

3. The term "timber production business" means business of cutting, sawmilling or distributing standing timber or bamboo defined in the Creation and Management of Forest Resources Act (including sawmilling and distribution of raw timber and imported products);

4. The term "timber industry" means an industry producing and selling timber products;

5. The term "timber culture" means values, knowledge, norms, and lifestyles which are common to the members of society who favor and use timber products that realize diverse functions of timber;

6. The term "timber culture index" means the degree of settlement and promotion of timber culture indicated in figures;

7. The term "timber education" means an education whose purposes are to educate the public to understand the importance and obtain knowledge of timber and to have sound hierarchy of values by experiencing and learning diverse functions of timber;

7-2. The term "timer education specialist" means a person who meets requirements by completing timber education specialist courses, etc. in institutions fostering timber education specialists;

Article 6(Establishment of Comprehensive Plans) #

(1) For the sustainable use of timber, the Minister of the Korea Forest Service shall establish and implement a comprehensive plan for sustainable use of timber (hereinafter referred to as "comprehensive plan") every five years.

(2) A comprehensive plan shall include the following:

1. Current status and prospect of the supply and distribution of timber;

2. Plans to promote timber culture and vitalization of timber education;

3. Short- and long-term plans for the supply of and demand for timber and timber products;

4. Mid- and long-term investment plans to nurture the timber market and the timber industry;

5. Plans to promote sustainable use of timber;

6. Research and development projects for strengthening the competitiveness of the timber industry;

7. Programs for promoting technical training and training of specialists relating to the timber industry;

8. Plans to revitalize supply and use of domestic timber;

9. Other matters necessary for the sustainable use of timber.

(3) In establishing or changing a comprehensive plan, the Minister of the Korea Forest Service shall consult in advance with the heads of the relevant central administrative agencies, hear the opinions of the Special Metropolitan City Mayor, a Special Self-Governing City Mayor, Metropolitan City Mayors, Do Governors, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and finalize it after deliberation by the Committee on Sustainable Use of Timber established under Article 9 (1): Provided, That this shall not apply where he or she changes any insignificant matter prescribed by Presidential Decree.

(4) If necessary in establishing a comprehensive plan, the Minister of the Korea Forest Service may request the heads of the central administrative agencies and Mayors/Do Governors concerned to furnish materials. In such cases, the heads of the central administrative agencies and Mayors/Do Governors concerned shall comply with such request unless any extenuating circumstances exist to the contrary.

(5) The Minister of the Korea Forest Service shall establish and execute an annual national implementation plan (hereinafter referred to as "national implementation plan") pursuant to the comprehensive plan. In such cases, the national implementation plan shall include an annual plan for supply of and demand for timber.

(6) The Minister of the Korea Forest Service shall notify the heads of the central administrative agencies concerned and Mayors/Do Governors of the comprehensive plan finalized under paragraph (3) and the national implementation plan established under paragraph (5).

Article 8(Survey on Statistics and Actual Conditions, and Establishment and Operation of Information System) #

(1) The Minister of the Korea Forest Service shall conduct an annual survey on statistics and actual conditions (hereinafter referred to as "survey on statistics and actual conditions) concerning the sustainable use of timber, including the production, distribution, consumption, etc. of timber products, and reflect the outcomes thereof on the comprehensive plan and national implementation plan. In such cases, the Statistics Act shall apply mutatis mutandis to the survey and preparation of statistics.

(2) In order to provide people with information and materials, etc. relating to the sustainable use of timber and efficiently establish and implement policies necessary for the vitalization of the timber industry, the Minister of the Korea Forest Service shall construct and operate an information system relating to the sustainable use of timber.

(3) If necessary for surveys on statistics and actual conditions and the establishment and operation of the information system pursuant to paragraph (2), the Minister of the Korea Forest Service may request necessary information and materials from the heads of the relevant central administrative agencies, local governments, public institutions (referring to the public institutions under Article 4 of the Act on the Management of Public Institutions; the same shall apply hereinafter), institutions and organizations. In such cases, a person in receipt of a request for information and materials shall comply with such request unless extenuating circumstances exist to the contrary.

(4) The Minister of the Korea Forest Service shall endeavor to provide people with the contents of survey on statistics and actual conditions and the information and materials referred to in paragraph (2) pursuant to the Official Information Disclosure Act.

(5) The scope and method of survey on statistics and actual conditions, and other necessary matters therefor shall be prescribed by Presidential Decree, and matters necessary for the establishment and operation of information system prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 8, 2019>

Article 10-5(Qualifications of Timber Education Specialists) #

(1) The Minister of the Korea Forest Service shall issue certificates of timber education specialists prescribed by Presidential Decree to those who complete timber education specialist courses, etc. in institutions fostering timber education specialists.

(2) Where a person to whom a certificate is issued pursuant to paragraph (1) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the qualification or suspend the qualification for a period not exceeding three years: Provided, That where falling into the case in subparagraph 1, the qualification shall be revoked:

1. Where the person is qualified as a timber grade evaluator by fraud or other improper means;

2. Where the person conducts business during the period of suspension of qualification;

3. Where the person violates the prohibition of use of title and lending of certificates proscribed in paragraph (3) or (4).

(3) No timber education specialist shall allow other persons to use the title nor lend the certificate to other persons.

(4) No person shall use the title of timber education specialist without acquiring the qualification of timber education specialist, nor borrow such certificate, and nor arrange the use of the title or the lending of certificates.

(5) The Minister of the Korea Forest Service may collect fees from persons who intend to be issued certificates pursuant to paragraph (1), as proscribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

(6) When intending to implement education at facilities related to timber education and experience, such as a timber culture experience center, the State or local governments shall place timber education specialists at such facilities, as prescribed by Presidential Decree.

(7) Matters necessary for the issuance, etc. of certificates of timber education specialists shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.

[This Article Newly Inserted on Jan. 8, 2019]

Article 14(Certification and Authorization) #

(1) A person who intends to obtain any of the following certification or authorization may file an application for certification or authorization with the Minister of the Korea Forest Service as prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs: <Amended on Mar. 23, 2013>

1. Deleted; <Dec. 2, 2016>

2. Deleted; <Dec. 2, 2016>

3. Authorization of a master of timber products;

4. Certification of a product using regional filter timber.

(2) Upon receipt of an application for any certification or authorization prescribed in each subparagraph of paragraph (1), the Minister of the Korea Forest Service shall examine it after the examination by the Committee on Use of Timber. In such cases, if the result of examination meets the criteria for certification or authorization prescribed by Presidential Decree, he or she shall certify or authorize the requested matter.

(3) Deleted. <Dec. 2, 2016>

(4) If any certification or authorization granted under paragraph (2) falls under any of the following subparagraphs, the Minister of the Korea Forest Service may revoke such certification or authorization: Provided, That in cases falling under subparagraph 1, such certification or authorization shall be revoked:

1. Where a certification or authorization is obtained by fraud or other improper means;

2. Where a person allows any other person use his or her trade name or title;

3. Where it does not meet the criteria for certification or authorization referred to in paragraph (2).

(5) No application for certification or authorization revoked under paragraph (4) shall be filed until three years pass from the date on which the revocation thereof is made.

(6) Procedures for certification and application pursuant to paragraph (1), method of indicating certification and authorization, and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013>

Article 19-3(Import Inspection, etc.) #

(1) The Minister of the Korea Forest Service shall require an inspection agency designated by the Minister of the Korea Forest Service out of the following institutions or institutes, equipped with qualifications including personnel and organization requirements, prescribed by Presidential Decree, which are necessary for inspecting evidential documents showing that the timber or timber product an import declaration of which has been filed pursuant to Article 19-2 (1) was legally felled before the completion of customs clearance. In such cases, an import declaration may be received under the condition that the sale or distribution of the relevant timber or timber product be prohibited until results of the inspection are verified or supplementary measures are taken for violations, if any. <Amended on Dec. 3, 2019>

1. A public institution under Article 4 of the Act on the Management of Public Institutions;

2. A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes.

(2) Where an inspection agency inspects any document pursuant to paragraph (1), it shall verify whether the document falls under any of the following:

1. A permit for felling issued pursuant to the statutes of the country of origin;

2. A document prescribed and publicly notified by the Minister of the Korea Forest Service, which is widely used internationally to certify that the relevant timber or timber product has been legally felled;

3. A document prescribed and publicly notified by the Minister of the Korea Forest Service, which is mutually recognized in accordance with bilateral consultations between the Republic of Korea and the country of origin;

4. Any other documents prescribed and publicly notified by the Minister of the Korea Forest Service, which verify that the relevant timber or timber product has been legally felled.

(3) The Minister of the Korea Forest Service may issue an order to suspend the sale of any timber or timber product, which has not been proven to be legally felled as a result of an inspection conducted under paragraph (2), or an order to return or destroy such timber or timber product, as prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 21, 2017]

Article 20(Publication and Inspection of Criteria for Specifications and Quality of Timber Products) #

(1) In order to improve quality of timber products, protect consumers and establish order in distribution, the Minister of the Korea Forest Service shall publish the criteria for specifications and quality of timber products prescribed by Presidential Decree. <Amended on Dec. 2, 2016>

(2) Where a person who has manufactured or imported a timber product for which the criteria for specifications and quality are published pursuant to paragraph (1) intends to sell or distribute such product, he or she shall prove himself/herself that such timber product meets the criteria for specifications and quality by requesting any of the following persons to conduct a prior inspection of specifications and quality: Provided, That where a person who has imported timber products prescribed by Presidential Decree, such as wood pellets, intends to clear it through customs, he or she shall undergo a prior inspection of specifications and quality: <Amended on Dec. 2, 2016; Feb. 21, 2018>

1. The Korea Forestry Promotion Institute;

2. An institution the Minister of the Korea Forest Service determines and publishes among universities, research institutes or relevant associations meeting the following requirements that are needed to inspect the specifications and quality of timber products:

(a) Quality testers and analytical equipment for timber products;

(b) A laboratory for inspecting the quality of timber products;

(c) At least one person capable of operating the equipment provided for in item (a) who has a doctor's degree or higher in any field related to processing forest products, or who has the qualification of a forest products processing engineer or a higher qualification prescribed in the National Technical Qualifications Act;

3. A foreign institution the Minister of the Korea Forest Service recognizes and publishes to be equal to or more capable than the institutions in subparagraph 1 or 2 in inspections among inspecting institutions certified by the export country of timber products;

4. A factory of a person who has manufactured timber products (hereinafter referred to as "self-inspecting factory"), which is designated by the Minister of the Korea Forest Service after meeting the requirements to self-inspect specifications and quality;

5. A timber grade evaluator: Provided, That timber products the timber grade evaluator can inspect, items of inspection, etc. shall be prescribed by Presidential Decree.

(3) Where a timber product subject to an inspection of specifications and quality under paragraph (2) is certified pursuant to Article 15 of the Industrial Standardization Act, the Minister of the Korea Forest Service may exempt all or part of the inspection of specifications and quality under paragraph (2), as prescribed by Ordinance of the Ministry of Food, Agriculture and Rural Affairs. <Newly Inserted on Dec. 2, 2016>

(4) Where a timber product passes an inspection of specifications and quality under paragraph (2), a person who has manufactured or imported the timber product shall keep the documents on the results of such inspection for a period prescribed by Presidential Decree. <Newly Inserted on Dec. 2, 2016>

(5) The Minister of the Korea Forest Service may issue an order to suspend the sale of, return or dispose of any timber product that fails to pass an inspection of specifications and quality conducted pursuant to paragraph (2), as prescribed by Presidential Decree. <Amended on Dec. 2, 2016>

(6) A person who intends to clear through customs, sell, distribute or keep a timber product which has passed an inspection of specifications and quality pursuant to paragraph (2) shall indicate the results of such inspection in conspicuous places readily visible to consumers. <Amended on Dec. 2, 2016; Feb. 21, 2018>

(7) A person who is dissatisfied with the result of the inspection of specifications and quality conducted pursuant to paragraph (2) 1 may raise an objection and undergo a re-inspection, as prescribed by Presidential Decree. <Amended on Dec. 2, 2016>

(8) Where an institution inspecting specifications and quality or a self-inspecting factory prescribed in paragraph (2) 2 through 4 (hereinafter referred to as "institution, etc.") falls into any of the following cases, the Minister of the Korea Forest Service may revoke the designation or recognition of the institution, etc. or order the suspension of inspection business by fixing a period not exceeding six months: Provided, That where falling into any of the cases in subparagraphs 1 through 3, the designation or recognition shall be revoked: <Newly Inserted on Feb. 21, 2018>

1. Where an institution, etc. has obtained designation and recognition prescribed in paragraph (2) 2 through 4 by fraud or other improper means;

2. Where an institution, etc. conducts inspection business during the period of suspension of inspection business;

3. Where an institution, etc. falsely issues a notice of results of inspecting specifications and quality;

4. Where an institution, etc. violates the criteria for designation and recognition prescribed in paragraph (9).

(9) Matters necessary for inspections of specifications and quality of timber products, such as procedures for inspections, the term of validity of inspections, standards, procedures, alteration and revocation of designation and recognition of institutions, etc., methods of return or disposal, standards for the indication of specifications and quality pursuant to paragraphs (2) through (8) shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016; Feb. 21, 2018>

[Title Amended on Dec. 21, 2018]

Article 22(Revocation of Determination on Specification and Quality Inspections) #

(1) If deemed necessary to maintain the quality level of timber products which have passed an inspection of specifications and quality or to protect customers, the Minister of the Korea Forest Service may have any relevant public official or employee of the Korea Forestry Promotion Institute collect the timber product distributed and sold, and investigate or inspect whether it satisfies each of the following conditions or to peruse the relevant documents. In such cases, each public official who conducts collection, investigation, inspection, or perusal shall carry a document indicating his or her authority and present it to interested persons: <Amended on Dec. 2, 2016; Mar. 21, 2017>

1. Whether it has passed an inspection of specifications and quality pursuant to Article 20 (2);

2. Whether the indication of specifications and quality pursuant to Article 20 (6) is accurate;

3. Whether it meets the criteria for specifications and quality;

4. Other matters concerning specifications and quality.

(2) Where intending to collect a timber product to conduct an investigation or inspection thereon or peruse relevant documents pursuant to paragraph (1), the Minister of the Korea Forest Service shall notify an interested person of an investigation, inspection or perusal plan which contains the purpose, date, details, etc. in writing or by electronic means at least seven days prior to the investigation, inspection, or perusal: Provided, That where the prior notice makes it impossible to achieve the purposes of the investigation, inspection, or perusal as the person is likely to hide the timber product distributed and sold, or to destroy the relevant documents, the Minister may notify the interested person orally of such fact at the same time the investigation, inspection, or perusal takes place. <Amended on Dec. 3, 2019>

(3) No interested person under paragraph (1) shall refuse, obstruct or evade the collection, investigation, inspection or perusal without good cause. <Amended on Dec. 3, 2019>

(4) If an indication of specifications and quality made under Article 20 (6) falls under any of the following cases, the Minister of the Korea Forest Service may revoke the determination on the inspection of specifications and quality, or take a disposition to change or suspend the use of the indication or to suspend sale of the relevant timber product: <Amended on Dec. 2, 2016; Mar. 21, 2017; Dec. 3, 2019>

1. Where the relevant timber product has passed an inspection of specifications and quality by fraud or other improper means;

2. Where any indication of specifications and quality is falsified or inconsistent with the facts;

3. Where the relevant timber product is manufactured or sold differently from the one which has passed an inspection of specifications and quality;

4. Where the relevant timber product fails to meet the criteria for specifications and quality;

5. Where the relevant timber product fails to meet the standards for the indication of specifications and quality;

6. Where the disposition to change or suspend the use of the indication is not complied with.

(5) Where the indication of specifications and quality prescribed in Article 20 (6) is likely to inflict serious harm on people's safety, falling under any of the subparagraphs of paragraph (4), the Minister of the Korea Forest Service may order a recall to a person who has manufactured or imported the timber product pursuant to Article 20 (2). <Newly Inserted on Feb. 21, 2018; Dec. 3, 2019>

(6) Matters necessary for the revocation of determination on the inspection of specifications and quality, disposition to change or suspend the use of indications, and disposition to suspend the sale of timber products under paragraph (4), and criteria, procedures, etc. for recall under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 21, 2018; Dec. 3, 2019>

[Title Amended on March 21, 2017]

Article 24(Registration of Timber Production Business) #

(1) A person who intends to operate a timber production business shall file a registration with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the seat of its main office, in compliance with the standards prescribed by Presidential Decree. In such cases, the head of th relevant Si/Gun/Gu shall issue him or her a certificate of registration.

(2) Where the trade name, title, location of office or any other matter prescribed by Presidential Decree is changed, the person who has registered the timber production business under paragraph (1) (hereinafter referred to as "timber producer") shall file a report thereon to the head of a Si/Gun/Gu.

(3) No timber producer shall allow any other person to operate a timber production business making use of his or her trade name or title or to lend his or her certificate of registration to any other person.

(4) Where a timber producer intends to transfer his or her timber production business or have it merged, he or she shall file a report thereon to the head of a Si/Gun/Gu as prescribed by Presidential Decree.

(5) The head of a Si/Gun/Gu shall notify, a person who filed a report, of whether the report has been accepted within 15 days from the date of the receipt of such report under paragraph (2) or (4). <Newly Inserted on Dec. 3, 2019>

(6) Where the head of a Si/Gun/Gu fails to notify, a person who filed a report, of whether the report has been accepted or of the extension of the processing period pursuant to the statutes or regulations related to the processing of civil petitions, within the period prescribed in paragraph (5), the report shall be deemed accepted on the following day after the end of such period (referring to the relevant processing period where the processing period under the statutes or regulations related to the processing of civil petitions is extended or re-extended). <Newly Inserted on Dec. 3, 2019>

(7) Where a report under paragraph (4) is accepted (including cases in which a report is deemed to be accepted pursuant to paragraph (6)), a transferee, or a corporation newly-established or surviving after the merger shall succeed to the status of the previous timber producer on the date such transfer or merger takes place. <Newly Inserted on Dec. 3, 2019>

Article 26(Revocation of Registration) #

(1) If a timber producer (in cases of subparagraph 2, including the executives of timber producers who are juristic persons) falls under any of the following cases, the head of a Si/Gun/Gu may revoke registration for timber production business or order the suspension of business for a fixed period of not more than six months: Provided, That in cases falling under subparagraph 1 or 2, the registration for timber production business shall be revoked: <Amended on Mar. 21, 2017; Jan. 8, 2019; Feb. 18, 2020>

1. Where the timber producer is registered under Article 24 (1) by fraud or other improper means;

2. Where the timber producer falls under any of the subparagraph of Article 25: Provided, That in cases of corporations, cases where if there is an executive who falls under any of the subparagraphs of Article 25, the corporation eliminates the grounds within three months from the date on which the grounds occur shall be excluded;

3. Where the timber producer fails to meet the standards for registration of timber production business;

4. Where he or she violates Article 24 (3);

5. Where the timber producer fails to report under Article 24 (4);

6. Where the timber producer fails to keep books or a document verifying that the relevant timber or timber products have been legitimately logged, in violation of Article 27 (1);

7. Where the timber producer fails to submit a report, or refuses, obstructs or evades an inspection prescribed in Article 27 (2) without any justifiable reason;

8. Where the timber producer conducts business during the period of business suspension.

(2) Detailed standards for revocation of registration, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree taking the types and level of violations, etc. into consideration.

(3) Where any timber producer is subject to a disposition of revocation of timber production business registration under paragraph (1), he or she shall be prohibited from operating timber production business from the date of such revocation: Provided, That he or she may continue to distribute the timber which has been contracted for distribution before receiving such disposition of revocation of registration.

Article 31(Training of Technical Manpower) #

(1) Where necessary to train the technical manpower required for the sustainable use of timber, the Minister of the Korea Forest Service may designate any of the following schools, agencies, etc. as a specialist training agency to conduct necessary education and training: <Amended on Aug. 17, 2021>

1. Schools set forth in subparagraphs 1 through 6 of Article 2 of the Higher Education Act;

2. Education and training institutions affiliated to the National Forestry Cooperative Federation established under the Forestry Cooperatives Act;

3. A vocational skills development training establishment defined in subparagraph 3 of Article 2 of the Act on the National Lifelong Vocational Skills Development Act;

4. Research institutes, agencies or organizations established for the purpose of timber-related research activities, etc.

(2) The Minister of the Korea Forest Service may fully or partially subsidize the expenses required for education and training conducted by the specialist training agencies designated under paragraph (1) within budgetary limits.

(3) The Minister of the Korea Forest Service may, in employing or calculating years of work experience of public officials in forestry service, add points to the technical manpower having completed education or training pursuant to paragraph (1) and persons who have obtained national technical qualifications under the National Technical Qualifications Act (hereinafter referred to as "technical manpower, etc."), or include the requirements to employ technical manpower in the standards for registration of corporations engaged in forest business.

(4) Matters concerning the standards for designation of a specialist training agency and the criteria for recognition of technical manpower, etc. shall be prescribed by Presidential Decree.

(5) Where a specialist training agency designated pursuant to paragraph (1) falls into any of the following cases, the Minister of the Korea Forest Service may revoke the designation or order correction, as prescribed by Presidential Decree: Provided, That where falling into the case in subparagraph 1, the designation shall be revoked: <Newly Inserted on Feb. 21, 2018>

1. Where a specialist training agency has been designated by fraud or other improper means;

2. Where a specialist training agency becomes non-compliant with designation standards;

3. Where a specialist training agency fails to establish training courses within one year from the date on which it is designated or fails to conduct business for at least one year;

4. Where an agency designated as a specialist training agency operates training courses at a non-designated place or operates training courses different from those presented at the time of designation.

Article 32(Wood-Structural Engineers) #

(1) For purposes of promoting the safety of wood structure, improving the quality level of wood-structural architecture, and facilitating otherwise the development of wood-structural technology, the Minister of the Korea Forest Service may operate a wood-structural engineer qualification system.

(2) Types of and qualifications and other necessary matters for a wood-structural engineer shall be prescribed by Presidential Decree.

(3) A wood-structural engineer shall conduct each of the following:

1. Installation and management of wood structures;

2. Construction and management of timber houses and wooden buildings;

3. Other matters prescribed by Presidential Decree.

(4) No wood-structural engineer shall be employed concurrently by two or more business entities, and shall allow any other person use his or her name or lend his or her qualification certificate to any other person.

(5) If a wood-structural engineer falls under any of the following subparagraphs, the Minister of the Korea Forest Service may revoke his or her qualifications or order to suspend his or her qualifications for a period not exceeding three years: Provided, That in cases falling under subparagraph 1, 3 or 4, his or her qualifications shall be revoked:

1. Where his or her qualifications for a wood-structural engineer are obtained by fraud or other improper means;

2. Where he or she is in violation of the restriction on employment or lending of qualification certificate prescribed in paragraph (4);

3. Where he or she continues to perform his or her business affairs during the period of suspension of qualifications;

4. Where he or she prepares a false document or intentionally performs his or her business affairs deceptively;

5. Where he or she conducts his or her business affairs (including documentary preparations) contrary to the truth by negligence.

(6) Detailed standards for administrative dispositions to be made under paragraph (5) shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs, taking the types, seriousness of violations, etc. into consideration. <Amended on Mar. 23, 2013>

(7) For smooth operation of the wood-structural engineer qualification system and the employment of and support for business start-ups by wood-structural engineers, the Minister of the Korea Forest Service may administer the qualifications and careers of wood-structural engineers.

(8) Matters concerning the issuance of qualification certificates to wood-structural engineers, report on the status of issuance thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture and Rural Affairs. <Amended on Mar. 23, 2013>

(9) No one shall borrow, or suggest to borrow, the qualification certificate issued under paragraph (8).

Article 45(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 2, 2016; Mar. 21, 2017; Feb. 21, 2018; Dec. 3, 2019>

1. A person who falsely indicates or uses the following certification or authorization without obtaining the certification or authorization under Article 14 (2):

(a) Deleted; <Dec. 2, 2016>

(b) Deleted; <Dec. 2, 2016>

(d) Certification of a product using regional filter timber;

2. A person who fails to comply with an order to restrict manufacturing or sale of or to dispose of a hazardous timber product pursuant to Article 17 (4);

3. A person who clears through customs, sells or distributes a timber product which fails to pass an inspection of specifications and quality prescribed in Article 20 (2), or a timber product which does not meet the criteria for specifications and quality;

4. A person who fails to comply with an order to suspend the sale of, return or dispose of a timber product pursuant to Article 19-3 (3) or 20 (5);

5. A person who clears through customs, sells, distributes or keeps a timber product that does not indicate the specifications and quality prescribed in Article 20 (6);

6. A person who inspects the specifications and quality in violation of Article 20 (2);

7. Deleted; <Mar. 21, 2017>

8. A person who refuses, obstructs or evades the collection, investigation, inspection or perusal for the inspection of specifications and quality in violation of Article 22 (3);

9. A person who fails to comply with a disposition to change or suspend the use of the indication, or to suspend the sale issued under Article 22 (4);

10. A person who operates a timber production business without being registered therefor, in violation of Article 24 (1).

(2) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 2, 2016; Mar. 21, 2017; Feb. 21, 2018; Jan. 8, 2019>

1. A person who obtains designation as an institution fostering timber education specialists by fraud or other improper means in violation of Article 10-2 (2) 1;

2. A person who obtains the accreditation of a timber education program by fraud or other improper means in violation of Article 10-4 (2) 1;

3. A person who is qualified as a timber education specialist by fraud or other improper means in violation of Article 10-5 (2) 1;

4. A person who allows other persons to use the title of timber education specialist or lends his or her certificate to other persons in violation of Article 10-5 (3);

5. A person who uses the title of timber education specialist, borrows a certificate of timber education specialist, or arranges the use of the title or the lending of a certificate in violation of Article 10-5 (4);

6. A person who allows other persons to use the certification or authorization prescribed in Article 14 (2), or a person who uses such certification or authorization;

7. A person who violates the standards for the indication of specifications and quality prescribed in Article 20 (9) or makes an indication thereof in a false manner;

8. A person who allows any other person to operate a timber production business using his or her trade name or title, or a person who lends his or her registration certificate to any other person, in violation of Article 24 (3);.

9. A person who fails to comply with an order to suspend business issued under Article 26 (1);

10. A person who violates Article 32 (4) or (9).

ACT ON THE SUSTAINABLE USE OF TIMBERS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Philosophy) #

Article 4(Responsibilities) #

Article 5(Relationship to Other Statutes) #

Article 6(Establishment of Comprehensive Plans) #

Article 7(Establishment, etc. of Regional Plans) #

Article 8(Survey on Statistics and Actual Conditions, and Establishment and Operation of Information System) #

Article 9(Committee on Sustainable Use of Timber) #

Article 10(Promotion of Timber Culture and Vitalization of Timber Education) #

Article 10-2(Designation and Revocation of Institutions Fostering Timber Education Specialists) #

Article 10-3(Development, Dissemination, and Accreditation of Timber Education Programs) #

Article 10-4(Alteration and Revocation of Accreditation) #

Article 10-5(Qualifications of Timber Education Specialists) #

Article 10-6(Grounds for Disqualifying Timber Education Specialists) #

Article 11(Measurement and Publising of Timber Culture Index) #

Article 12(Succession and Development of Traditional Timber Culture) #

Article 13(Promotion of Regional Timber Culture) #

Article 14(Certification and Authorization) #

Article 15(Indication and Measurement of Carbon Stored Amount) #

Article 16(Timber Culture Promotion Association) #

Article 17(Safety Evaluation of Timber Products) #

Article 18(Designation of New Technology for Timber Products) #

Article 19(Preferential Purchase) #

Article 19-2(Import Declaration) #

Article 19-3(Import Inspection, etc.) #

Article 19-4(Registration of Timber Grade Evaluators) #

Article 19-5(Duties of Timber Grade Evaluators) #

Article 20(Publication and Inspection of Criteria for Specifications and Quality of Timber Products) #

Article 21(Certification of Timber Products) #

Article 22(Revocation of Determination on Specification and Quality Inspections) #

Article 23(Disclosure of Information on Timber Products) #

Article 24(Registration of Timber Production Business) #

Article 25(Grounds for Disqualification) #

Article 26(Revocation of Registration) #

Article 27(Guidance and Supervision) #

Article 28(Vitalization of Sustainable Use of Timber) #

Article 28-2(Public Notice of Standard Dimensions of Raw Timber) #

Article 29(Restriction on Distribution of Timber or Timber Products) #

Article 30(Facilitation of Development of Technologies Related to Timber Industry) #

Article 31(Training of Technical Manpower) #

Article 32(Wood-Structural Engineers) #

Article 33(Facilitation of International Cooperation and External Market Penetration) #

Article 34(Cooperation from Relevant Agencies) #

Article 35(Implementation of Projects related to Timber Industry by Local Governments) #

Article 36(Honorary Observers of Use of Timber) #

Article 37(Reporting) #

Article 38(Financial Assistance) #

Article 39(Hearings) #

Article 40(Judicial Police Power) #

Article 41(Monetary Rewards) #

Article 42(Fees) #

Article 43(Delegation and Entrustment of Authority) #

Article 44(Legal Fiction of Public Official in Application of Penalty Provisions) #

Article 45(Penalty Provisions) #

Article 46(Joint Penalty Provisions) #

Article 47(Administrative Fines) #