Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Creation and Management of Urban Forest Act and other matters necessary for the enforcement thereof.
Article 2(Scope of roads subject to creation and management of street trees) #
"Any road zones prescribed by Presidential Decree, including roads (excluding national expressways) provided in Article 10 of the Road Act" in subparagraph 3 of Article of the Creation and Management of Urban Forest Act (hereinafter referred to as the "Act") means the following roads:
1.Roads classified in Article 10 of the Road Act (excluding national expressways);
2. Exclusive roads for pedestrians, pedestrian zones, and exclusive roads for bicycles listed in Article 2 (2) 1 (c) through (e) of the Enforcement Decree of the National Land Planning and Utilization Act;
3. Myeon roads and Ri roads classified in Article 4 of the Act on the Maintenance and Management of Road Networks in Agricultural and Fishing Villages.
Article 3(Formulation of master plan for urban forests) #
(1) "Matters prescribed by Presidential Decree" in Article 5 (2) 7 of the Act means the following:
1. Matters regarding the establishment and maintenance of the policy promotion system and legal system related to urban forests, neighborhood forests, and street trees (hereinafter referred to as "urban forests, etc.");
2. Matters regarding the expansion and qualitative improvement of urban forests, etc.
(2) Where the Minister of the Korea Forest Service intends to formulate or modify a master plan for urban forests, etc. under Article 5 (1) of the Act (hereinafter referred to as "master plan for urban forests, etc."), he or she shall hear the opinions of the heads of local governments in advance.
Article 4(Formulation of creation and management plan for urban forests, etc.) #
(1) A plan to create and manage urban forests, etc. under the main clause of Article 6 (1) of the Act (hereinafter referred to as "creation and management plan for urban forests, etc.") shall include the following:
1. The basic objectives and direction-setting;
2. Classification of functions of urban forests, etc.;
3. Creation and fostering of urban forests, etc.;
4. Conservation, protection and management of urban forests, etc.;
5. Disaster prevention and recovery for urban forests, etc.;
6. Measurement, evaluation and utilization of management indicators for urban forests, etc.;
7. Establishment and operation of information networks for urban forests, etc.;
8. Facilitation of participation and cooperation of local residents in the creation and management of urban forests, etc.;
9. Supply of and demand for trees, etc. required for the creation and management of urban forests, etc. and funding therefor;
10. Other matters deemed by the head of a local government as necessary for the creation and management of urban forests, etc.
(2) If the head of a local government intends to formulate or modify (limited to modifications made to a creation and management plan for urban forests, etc. in response to any modification of a master plan for urban forests, etc.) a creation and management plan for urban forests, etc. pursuant to the main clause of Article 6 (1) or (4) of the Act, he or she shall do so within 1 year from the date of having been notified of the establishment or modification of a master plan under Article 5 (5) of the Act.
(3) Upon formulation or modification of a creation and management plan for urban forests, etc. under the main clause of Article 6 (1) of the Act or paragraph (4) of that Article, the head of a local government shall publish the details thereof on the website of the relevant local government.
(4) Details regarding the classification of functions of urban forests, etc. under paragraph (1) 2 shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
Article 5(Scope and method of fact-finding survey) #
(1) The scope of a survey on the current status of urban forests, etc. under Article 7 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows:
1. Functional classification of urban forests, etc. and creation and management thereof;
2. Technology development and research for urban forests, etc.;
3. Establishment and operation of information networks for urban forests, etc.;
4. Public participation in the creation and management of urban forests, etc.;
5. Other matters deemed by the Minister of the Korea Forest Service and the head of a local government as necessary for the creation and management of urban forests, etc.
(2) The Minister of the Korea Forest Service or the head of a local government shall conduct a fact-finding survey according to the following classification:
1. Periodic surveys: Conducted every 10 years, in the year immediately preceding the establishment of a master plan for urban forests, etc. or a creation and management plan for urban forests, etc.;
2. Non-periodic survey: Conducted whenever deemed necessary by the Minister of the Korea Forest Service or the head of the local government to implement or modify a master plan or a creation and management plan for urban forests, etc.
(3) Before conducting a fact-finding survey, the Minister of the Korea Forest Service or the head of a local government shall formulate a survey plan including the purpose, content, method and duration of such survey, and shall notify the persons to be surveyed of the plan.
Article 6(Scope and method of statistics management) #
(1) The scope of statistics management under Article 7 (3) of the Act shall be as follows:
1. Area of urban forests, etc. by region and per capita urban forest area;
2. Functional classification of urban forests, etc. and creation and management thereof;
3. Public participation in the creation and management of urban forests, etc.;
4. Other matters deemed by the Minister of the Korea Forest Service as necessary for the efficient creation and management of urban forests, etc.
(2) The Minister of the Korea Forest Service shall prepare and manage statistics on the matters referred to in the subparagraphs of paragraph (1) every 2 years pursuant to Article 7 (3) of the Act.
Article 7(Creation and management of street trees) #
"Any person prescribed by Presidential Decree, including any road management authorities as defined in subparagraph 5 of Article 2 of the Road Act" in Article 12 (3) of the Act means any of the following persons:
1. A road management authority defined in subparagraph 5 of Article 2 of the Road Act;
2. A person who conducts road works or maintains and manages roads pursuant to Article 31 (2), 32, 33, 35 or 37 of the Road Act.
Article 8(Donation for urban forests) #
(1) If the Minister of the Korea Forest Service or the head of a local government intends to receive donations of land and fixtures thereon (hereinafter referred to as "land, etc.") and trees pursuant to Article 19 (1) of the Act, he or she shall obtain a donation form in which the following matters are stated from the person intending to donate such land, etc. and trees:
1. Indication of land, etc. and trees to be donated;
2. The name of the person making the donation (in the case of a corporation, its name and the name of its representative) and address;
3. Purpose of donation;
4. Prices of land, etc. and trees to be donated.
(2) A donation form referred to in paragraph (1) shall be accompanied by the following documents and drawings:
1. Documents proving ownership of the land, etc. and trees to be donated;
2. Drawings showing the current status of the land, etc. and trees to be donated;
3. Other documents necessary for securing rights to the land, etc. and trees to be donated.
(3) Upon receipt of a donation form, documents, and drawings under paragraphs (1) and (2), the Minister of the Korea Forest Service or the head of a local government shall check the building registration certificate or land registration certificate, building register, land register, forest register, cadastral map or forest map, etc. through administrative data matching under Article 36 (1) of the Electronic Government Act, if necessary for the confirmation of the legal relationship surrounding the relevant land, etc. and trees.
(4) The Minister of the Korea Forest Service or the head of a local government may not accept donations under Article 19 (1) of the Act in any of the following cases:
1. Where the land, etc. and trees to be donated do not serve the purpose of creating and managing urban forests, etc.;
2. Where it is difficult to create and manage urban forests, etc. with the land, etc. and trees to be donated;
3. Where the maintenance and management of the land, etc. and trees to be donated are too costly;
4. Where conditions unsuitable for the creation and management of urban forests, etc. are attached to the donation of land, etc. and trees;
Article 9(Return of subsidies) #
(1) "Period prescribed by Presidential Decree" in the proviso of Article 21 (1) of the Act means 5 years.
(2) The amount subject to a refund order under Article 21 (2) of the Act shall be calculated by adding to the amount of a subsidy or financial support provided under paragraph (1) of that Article (hereinafter referred to as "subsidy") the interest prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs accruing from the date of payment of such subsidy to the date of return thereof. In such cases, the interest shall be calculated in proportion to the number of days.
Article 10(Delegation and entrustment of authority) #
(1) Pursuant to Article 25 (1) of the Act, the Minister of the Korea Forest Service shall delegate the following authority to the Director General of the Forest Training Institute, the Director General of the Forest Aviation Headquarters, the General Director of the National Forest Seed Variety Center, or the head of a Regional Forest Service, according to his or her jurisdiction:
1. Acquisition, management, and disposal of trees, land, etc. donated under Article 19 (1) and (2) of the Act;
2. Authority over the return of subsidies under Article 21 of the Act;
3. An order for restoration or removal, vicarious execution, and collection of expenses under Article 22 (1) and (2) of the Act;
4. Imposition and collection of administrative fines under Article 28 (2) of the Act (limited to violations of Article 28 (1) 1).
(2) Pursuant to Article 25 (4) of the Act, the Minister of the Korea Forest Service may entrust an urban forest support center that he or she has designated under the main clause of Article 16 (1) of the Act with the following business affairs:
1. Conduct of a fact-finding survey under Article 7 (1) of the Act;
2. Collection, analysis, and statistical management of data related to urban forests, etc. under Article 7 (3) of the Act.
(3) Pursuant to Article 25 (4) of the Act, the head of a local government may entrust an urban forest support center designated by the Minister of the Korea Forest Service or the head of the relevant local government under the main clause of Article 16 (1) of the Act with the following business affairs:
1. Conduct of a fact-finding survey under Article 7 (1) of the Act;
2. Measurement and evaluation of urban forests, etc. under Article 11 (5) of the Act.
(4) Where the Minister of the Korea Forest Service or the head of a local government entrusts business affairs pursuant to paragraph (2) or (3), he or she shall give public notice of the entrusted institution and details of business affairs entrusted in the Official Gazette or public gazette.
Article 11(Criteria for imposition of administrative fines) #
Criteria for imposing administrative fines pursuant to Article 28 of the Act shall be as specified in the attached Table.