Article 22(Designation and revocation of landslide-prone areas) #
(1) The head of a Forest Disaster Prevention Agency may designate as a landslide-prone area any area determined, as a result of the fact-finding survey under Article 21(2), to present a high risk of landslides, etc. due to collapse, erosion, cracks, or other similar causes (referring, in the case of national forests, to the head of a Regional Forest Service; in the case of public or private forests, referring to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of /Si/Gun/Gu; hereinafter the same shall apply in this Article and Article 23).
(2) Where the head of a forest disaster prevention agency intends to designate a landslide-prone area pursuant to paragraph (1), he or she shall publicly announce the following matters regarding the prearranged site for designation and shall notify the owner, occupant, or manager of the relevant land thereof, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs:
1. Grounds for designation;
2. Location and area of the prearranged site for designation;
3. Period for raising an objection against designation;
4. Other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.
(3) In relation to the designation of a landslide-prone area under paragraph (1), the owner, occupant, or manager of the relevant land may file an objection during the objection period under paragraph (2)3, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.
(4) The head of a forest disaster prevention agency shall make a decision on the objection within 20 days from the date of receiving the objection filed under paragraph (3) and notify the applicant of the results without delay.
(5) Where no objection is filed under paragraph (3), or where the head of a forest disaster prevention agency determines that an objection filed is groundless, he or she shall designate and publicly notify the relevant area as a landslide-prone area, and shall notify the owner, occupant, or manager of the relevant land and the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or head of Regional Forest Service thereof; provided, where the address or residence of the owner, occupant, or manager of the relevant land is unknown, such notification may be substituted by publicly announcing that fact on the bulletin board and website of the relevant agency for at least 30 days.
(6) Paragraphs (1) through (5) shall also apply where the head of a forest disaster prevention agency changes the designated extent of a landslide-prone area by expanding or reducing it due to the use of mountainous land or the installation of erosion control facilities, etc.
(7) The designation or modification of a landslide-prone area shall take effect on the date of public notice.
(8) The head of a forest disaster prevention agency may revoke the designation of a landslide-prone area designated or modified pursuant to paragraphs (1) and (6), where the purpose of such designation has been achieved through the implementation of an erosion control project under Article 3 of the Erosion Control Work Act, including a check dam installation project.
(9) Where the head of a forest disaster prevention agency designates, modifies, or revokes the designation of a landslide-prone area pursuant to paragraphs (1), (5), (6), or (8), he or she shall report such fact to the Administrator of the Korea Forest Service through the competent Mayor/Do Governor (limited to the case of public forests and private forests).
(10) The head of a Forest Disaster Prevention Agency shall designate shelters at places deemed necessary to ensure the safety of local residents in the event of landslides, etc. and shall install signboards indicating such shelters (hereinafter referred to as "shelter signboards").
(11) The head of a forest disaster prevention agency shall install signboards in landslide-prone areas indicating the danger and the location of shelters (hereinafter referred to as "landslide-prone area signboards") and shall inspect their state of maintenance at least twice a year.
(12) No person shall, without permission from the person who installed a shelter signboard or a landslide-prone area signboard, relocate or damage such signboard.
(13) Where designation of an area as a landslide-prone area under paragraph (1) is necessary, but the head of a forest disaster prevention agency has failed to designate the relevant area as such, the Administrator of the Korea Forest Service or the Mayor/Do Governor may notify the head of the forest disaster prevention agency to designate and publicly notify the relevant area as a landslide-prone area. In such cases, the head of the forest disaster prevention agency shall comply therewith unless there is a compelling reason not to do so.
(14) Other matters necessary for the public announcement of the prearranged site for designation as a landslide-prone area, the designation, public notice, modification, and revocation of a landslide-prone areas, the designation of shelters, and the installation of shelter signboards and landslide-prone area signboards shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.