Article 35(Delegation of authority) #
(1) The Administrator of the Korea Forest Service shall delegate the following authority to the head of a regional forest service pursuant to Article 27(1) of the Act:
1. Investigations and collections, and inspection of books or documents pursuant to Article 20(2) and (3) of the Act (limited to cases for verifying compliance with the matters to be complied with under each of the following items):
a. Maintaining the shape and function of the mountainous area according to subparagraph 1 of Article 11 and subparagraph 1 of Article 16 of the Act;
b. Standards for pesticides and chemical fertilizers pursuant to subparagraph 2 of Article 11 of the Act (in the case of pesticides, limited to the production stage of forest products);
c. Matters to be complied with pursuant to subparagraph 4 of Article 11 of the Act and items a through d and item e (limited to the production stage of forest products), and item f (limited to measures under Article 63(1)1 of the Agricultural and Fishery Products Quality Control Act) of subparagraph 1 of Appendix 2 of this Decree;
d. Maintenance of standing trees pursuant to subparagraph 4 of Article 16 of the Act;
e. Matters to be complied with pursuant to subparagraph 5 of Article 16 of the Act and items a through d of subparagraph 1 of Appendix 2 of this Decree;
f. Matters concerning the obligation of registrants of public direct payments under Article 21(2) of the Act to retain and keep documents, etc. (limited to documents, etc. related to compliance requirements under Articles 11 and 16 of the Act that fall under items a through e of this subparagraph);
2. Appointment of honorary monitors for the public interest direct payment system pursuant to Article 28 of the Act, acceptance of reports of violations, and payment of expenses;
3. Handling of reports and payment of rewards pursuant to Article 29 of the Act;
4. Imposition and collection of administrative fines pursuant to Article 33(1)1 of the Act (limited to violations related to investigations and collections, and the inspection of books or documents under subparagraph 1 of this paragraph);
5. Imposition and collection of administrative fines pursuant to Article 33(1)2 of the Act (limited to violations related to the obligation to keep and retain documents, etc. concerning compliance requirements under Articles 11 and 16 of the Act that fall under items a through e of subparagraph 1 of this paragraph).
(2) Pursuant to Article 27(1) of the Act, the Administrator of the Korea Forest Service shall delegate the authority set forth in each of the following subparagraphs to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu:
1. Payment of direct payments for forest product production and silviculture direct payments pursuant to Articles 6 and 12 of the Act;
2. Recognition of whether mountainous land can be used for forest products production business pursuant to Article 7(2)7 of the Act;
3. Registration of eligible recipients of public interest direct payments pursuant to Articles 18 and 19 of the Act, registration of changes to registered matters of public interest direct payments, acceptance of reports on the transfer, lease, or use by lease of eligible mountainous land, division thereof or acquisition of co-owned shares therein, and acceptance of reports on the succession to the status of a registrant of public interest direct payments;
4. Investigation into registration matters of public interest direct payments pursuant to Article 20(1) of the Act;
5. Investigations and collections, and inspection of books or documents pursuant to Article 20(2) and (3) of the Act (limited to cases for verifying compliance with the matters to be complied with under each of the following items):
a. Standards for pesticides pursuant to subparagraph 2 of Article 11 of the Act (limited to the distribution and sales stage of forest products);
b. Completion of education pursuant to subparagraph 3 of Article 11 and subparagraph 3 of Article 16 of the Act;
c. Matters to be complied with pursuant to subparagraph 4 of Article 11 of the Act and item e (limited to the distribution and sales stage of forest products), item f (limited to shipment restrictions pursuant to Article 38-2(2) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products), and items g through m of subparagraph 1 of Appendix 2 of this Decree;
d. Matters to be complied with for sustainable forest resource management pursuant to subparagraph 2 of Article 16 of the Act;
e. Matters to be complied with pursuant to subparagraph 5 of Article 16 of the Act and items g through m of subparagraph 1 of Appendix 2 of this Decree;
f. The obligation of a registrant of public interest direct payments to keep and retain documents, etc. pursuant to Article 21(2) of the Act (limited to documents, etc. related to compliance requirements under Articles 11 and 16 of the Act that fall under items a through e of this subparagraph, and to documents, etc. related to registration matters pursuant to Articles 18 and 19 of the Act).
6. Restriction on the payment of public interest direct payments and restriction on the registration of eligible recipients pursuant to Article 22 of the Act;
7. Recovery of unjust enrichment, and imposition and collection of penalty surcharges and additional charges pursuant to Article 23 of the Act;
8. Disclosure of information on applicants for and recipients of public interest direct payments pursuant to Article 25 of the Act, and acceptance, investigation, and notification of objections thereto;
9. Imposition and collection of administrative fines pursuant to Article 33(1)1 of the Act (limited to violations of investigation, collection, and inspection of books or documents pursuant to Article 20(1) and subparagraph 5 of this paragraph);
10. Imposition and collection of administrative fines pursuant to Article 33(1)2 of the Act (limited to violations of compliance matters pursuant to Articles 11 and 16 of the Act, as well as compliance matters pursuant to subparagraphs 5 a through e of this paragraph, and obligations to store and keep documents related to registration matters pursuant to Articles 18 and 19 of the Act).
(3) With the approval of the Administrator of the Korea Forest Service, the head of a regional forest service may re-delegate part of the authority delegated under paragraph (1) to the head of an institution under its jurisdiction. In such cases, the head of a regional forest service shall give public notice of the details of such re-delegation.