Article 7(Mountainous land eligible for forest products production direct payments) #
(1) Mountainous land eligible for forest products production direct payments shall be mountainous land used for the forest products production business on which agricultural management-related information, etc. has been registered pursuant to Article 4(1)1 of the Act on the Fostering and Support of Agricultural and Fishery Management Entities during the period from April 1, 2019 to September 30, 2022; provided, mountainous land for which such registration is not valid as of October 1, 2022 shall be excluded.
(2) Notwithstanding paragraph (1), any mountainous land falling under any of the following subparagraphs shall be excluded from eligibility for forest products production direct payments under that paragraph:
1. National forests and public forests as defined in subparagraphs 1 and 2 of Article 4 of the Creation and Management of Forest Resources Act;
2. Mountainous land for which permission for conversion of mountainous land has been granted or a report on conversion of mountainous land has been filed pursuant to Article 14 or 15 of the Mountainous Districts Management Act (including cases where permission for, or a report on, conversion of mountainous land is deemed to have been granted or filed under other Acts);
3. Mountainous land for which permission for temporary use of mountainous land has been granted or a report on temporary use of mountainous land has been filed pursuant to Article 15-2 of the Mountainous Land Management Act (including cases where permission for, or a report on, temporary use of mountainous land is deemed to have been granted or filed under other Acts); provided, this shall exclude cases of a report on temporary use of mountainous land pursuant to Article 15-2(4)4 or 7 of the Mountainous Districts Management Act (limited to work roads and forest products transport roads);
4. Mountainous land for which an application for registration of basic public interest direct payments pursuant to Article 7 of Act on Operation of Direct Payment Program for Promoting Public Functions of Agriculture and Rural Communities has been filed in the year in which an application for registration is filed pursuant to Article 17(2);
5. Mountainous land for which an application for registration of silviculture direct payments pursuant to Article 12 has been filed in the year in which an application for registration is filed pursuant to Article 17(2);
6. Mountainous land owned by a person who is subject to a registration restriction period pursuant to Article 22(2). In such cases, the restriction period applicable to the mountainous land eligible for payment shall be the same as the registration restriction period applicable to the eligible recipient under that paragraph;
7. Mountainous land falling under any of the following items; provided, where the Administrator of the Korea Forest Service recognizes, by the year immediately preceding the year in which an application for registration is filed pursuant to Article 17(2), that mountainous land among the zones, areas, or complexes under the following items for which no compensation has been received may be used for the forest products production business for at least one year, such land shall be deemed eligible mountainous land for forest products production direct payments:
a. Mountainous land located in residential areas, commercial areas, or industrial areas under Article 36(1)1a through c of the National Land Planning and Utilization Act;
b. Mountainous land in industrial complexes and agro-industrial complexes designated pursuant to Articles 6,7,7-2, and 8 of the Industrial Sites and Development Act;
c. Mountainous land located in housing site development districts designated pursuant to Article 3 of the Housing Site Development Promotion Act;
d. Mountainous land located in areas designated or publicly notified as planned sites for various development projects pursuant to other Acts;
8. Fallow mountainous land;
9. Mountainous land used for the production of forest products through temporary gathering or other activities prescribed by Presidential Decree, which is unsuitable as mountainous land eligible for payment of direct payments for forest products production business.
(3) Details concerning mountainous land eligible for payment of direct payments for forest products production business under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.