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법률 제09763호 · 2010.03.10 시행 · 지난 판 · 산림청

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FOREST PROTECTION ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/3 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. CHAPTER III TREATMENT OF TREES
  3. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to protect forests in a sound and systematic manner, including the management of forest protection zones, thereby contributing to the conservation of the national territory and the improvement of the quality of life of the people. <Amended on Feb. 22, 2012; Jan. 31, 2025>

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Jul. 14, 2011; Feb. 22, 2012; Jan. 14, 2014; Dec. 27, 2016; Jan. 17, 2017>1. "Forest conservation zone" means a zone designated and publicly notified as an area particularly necessary for the conservation of the habitat and scenic views, the development of water resources, the prevention of accidents, and the preservation and betterment of forest gene resources;2. "Ecological woods" means woods that require special conservation and management in the locality because the forest ecosystem therein is stable or has rich forest biodiversity;

3. Deleted. <Jan. 31, 2025>4. Deleted; <Jan. 31, 2025>5. Deleted; <Jan. 31, 2025>6. Deleted; <Jan. 31, 2025>6-2. "Treatment of trees" means all activities to diagnose, and prescribe treatment for, damage to trees as well as to prevent or treat such damage;6-3. "Tree doctor" means a person in charge of treating trees who has been issued with a certificate of qualification for tree doctors pursuant to Article 21-6(1);6-4. "Tree treatment technician" means a person in charge of preventing and treating damage to trees according to a tree doctor's diagnosis and prescriptions who has been issued with a certificate of qualification for tree treatment technicians pursuant to Article 21-6(2);6-5. "Tree hospital" means a person intending to engage in tree treatment business who has been issued with a registration certificate pursuant to Article 21-9(2);

7. Deleted; <Jan. 31, 2025>8. Deleted; <Jan. 31, 2025>9. Deleted. <Jan. 31, 2025>10. Deleted; <Jan. 31, 2025>11. Deleted; <Jan. 31, 2025>12. Deleted; <Jan. 31, 2025>13. Deleted; <Jan. 31, 2025>14. Deleted. <Jan. 31, 2025>

Article 3Basic principles for forest conservation

The State and each local government shall protect forests in compliance with the following basic principles:

1. They shall keep forests intact from natural or artificial damage;

2. They shall maintain and enhance the health of forests and create a foundation for sustainable forest management;

3. They shall improve functions of forests for the public interest through the reasonable and systematic management of forest conservation zones;

4. They shall establish an organic cooperation system for forest conservation between the State and local governments to promptly cope with damage to forests.

Article 4Scope of application

Land and trees, other than a forest, shall be also governed by all or some of the provisions concerning forest conservation zones, veteran trees, and treatment of trees, as provided in this Act. <Amended on Dec. 3, 2019; Jan. 31, 2025>

Article 5Relationship to other statutes

Except as otherwise provided in other statutes, forest conservation shall be governed by this Act.

Article 6Classification of forests and administrative agencies having jurisdiction over forests

`Articles 4 and 5 of the Forest Resources Creation and Management Act shall apply to classification of forests and the administrative agency having jurisdiction of each forest.

CHAPTER II FOREST CONSERVATION ZONES

Article 7Designation of forest conservation zones

(1) Where it is particularly necessary to protect a forest, the Administrator of the Korea Forest Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may designate it as a forest conservation zone according to the following classification: <Amended on Feb. 22, 2012; Jun. 3, 2014>1. Conservation zone for the living environment: A zone considered necessary for conserving and maintaining the living environment and public health and sanitation around a city, an industrial complex, a major hospital, or a sanatorium;

2. Conservation zone for scenic views: A zone considered necessary for conserving scenic views around a scenic spot, a historic site, a tourist destination, a park, an amusement park, around access roads to such a place, around a road, rail road, or a beach;

3. Conservation zone for development of water resources: A zone considered necessary for developing water resources, preventing floods, or the quality control of drinking water sources;

4. Conservation zone for disaster prevention: A zone considered necessary for preventing soil erosion and rock slides and the prevention of damage by sea breeze, tidal waves, sand, etc.;

5. Forest genetic resources protection zone: A zone deemed necessary for preserving genes and species of plants in a forest or for conserving forest ecosystems; provided, in cases of a national forest zone defined in subparagraph 2 of Article 2 of the Natural Parks Act, he or she shall consult with the park management agency referred to in Article 4(2) of that Act (hereinafter referred to as "park management agency").

(2) Deleted. <Jun. 3, 2014>(3) Matters necessary for the demarcation and sub-categorization of forest conservation zones under paragraph (1) and other relevant matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 3, 2014>

Article 8Public notice of designation of forest conservation zones

(1) When the Administrator of the Korea Forest Service or a Mayor/Do Governor intends to designate a forest conservation zone pursuant to Article 7, he or she shall publicly announce the following matters regarding the area subject to the proposed designation; and shall notify the landowners, the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), the person whose mining rights to the area under Article 38 of the Mining Industry Act have been registered and other persons prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, thereof: <Amended on Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014; Dec. 27, 2016>1. The grounds for designation;

2. Division of the zone;

3. Location and size of the area subject to the designation;

4. Period given for filing an objection against the designation;

5. Other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(2) A landowner or any person who has direct interest in the forest at issue may file an objection during the period given for filing objections under paragraph (1) in connection with the designation of a forest conservation area under Article 7, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>(3) The Administrator of the Korea Forest Service or a Mayor/Do Governor shall make a decision on an objection within 20 days from the filing date of the objection under paragraph (2) and shall inform the applicant of results of the decision. <Amended on Feb. 22, 2012; Jun. 3, 2014>(4) If no objection under paragraph (2) is filed or if an objection is deemed groundless, the Administrator of the Korea Forest Service or a Mayor/Do Governor, shall designate and publicly notify the forest conservation zone, and notify the landowners and the head of the competent Si/Gun/Gu thereof. <Amended on Feb. 22, 2012; Jun. 3, 2014>(5) The designation of a forest conservation zone shall become effective on the date of public notice under paragraph (4).

(6) Topographic drawings under Article 8 of the Framework Act on the Regulation of Land Use shall be publicly notified together at the time a forest conservation zone is designated and publicly notified pursuant to paragraph (4).

Article 9Restrictions on activities within forest conservation zones

(1) No one shall conduct any of the following activities within a forest conservation zone (excluding zones for which a plan for the development of a natural recreation forest has been formulated or approved pursuant to Article 14(1) or (2) of the Forestry Culture and Recreation Act; the same shall apply hereafter in this Article): <Amended on Jun. 3, 2014; Feb. 21, 2018>1. Thinning out standing trees or bamboo;

2. Mining or collecting forestry products;2-2. Damaging or withering standing trees, bamboos or forestry products;

3. Grazing livestock;

4. Other activities specified by Presidential Decree as changing the form or quality of land.

(2) Notwithstanding paragraph (1), the following activities may be conducted under the condition specified in each applicable subparagraph, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Jun. 3, 2014>1. Activities allowed with permission of the Administrator of the Korea Forest Service or the competent Mayor/Do Governor: Installation of a forest conservation facility specified by Decree of the Ministry of Agriculture, Food and Rural Affairs, control measures against forest diseases and pests, and other activities under subparagraphs of paragraph (1), incidental to activities specified by Presidential Decree;

2. Activities allowed upon reporting to the Administrator of the Korea Forest Service or the competent Mayor/Do Governor: Thinning out trees for forest care to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones), thinning out standing trees or bamboo for purpose of improving functions of the forest, or other activities specified by Presidential Decree among activities of mining or collecting forestry products;

3. Activities allowed without permission of or reporting to the Administrator of the Korea Forest Service or the competent Mayor/Do Governor: Activities specified by Presidential Decree, such as thinning out standing trees for installing a fire-arresting line to the extent not contravening purposes of the designation of the forest conservation zone (excluding forest genetic resources protection zones).

(3) The Administrator of the Korea Forest Service or the competent Mayor/Do Governor shall notify the applicant of whether relevant permission or report has been granted or received, within 15 days after receipt of an application for the permission or the report under paragraph (2)1 or 2. <Added on Mar. 20, 2018>(4) Where the Administrator of the Korea Forest Service or the competent Mayor/Do Governor fails to notify the applicant of whether the relevant permission or report has been granted or received or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (3), the permission or report shall be deemed granted or received on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Added on Mar. 20, 2018>

Article 10Management of forest conservation zones

(1) The Administrator of the Korea Forest Service or a Mayor/Do Governor shall endeavor to conserve and manage designated forest conservation zones in conformity with the purpose of designation. In such cases, if it deems necessary to conserve and manage a forest conservation zone or to improve the functions of a forest conservation zone, he or she may designate a caretaker or enter into an agreement on the conservation of a forest (hereinafter referred to as "agreement on conservation and management of a forest") with the owner or caretaker of a forest conservation zone to authorize him or her to manage the zone. <Amended on Feb. 22, 2012; Jun. 3, 2014>(2) The Administrator of the Korea Forest Service or a Mayor/Do Governor may issue an order to the owner or caretaker of a forest conservation zone or a person who executed an agreement on conservation and management of a forest regarding matters necessary for the conservation and management and may subsidize expenses incurred in the conservation and management, as prescribed by Presidential Decree. <Amended on Jun. 3, 2014>(3) The State or a local government shall, if the owner of or a person with a right to use and profit from land, standing trees or bamboo in a forest conservation zone is not permitted to conduct an activity under Article 9(2)1 on the ground of public interest, compensate the owner for losses that he or she is ordinarily anticipated to sustain due to denial of such permission, as prescribed by Presidential Decree. <Amended on Aug. 13, 2013; Mar. 24, 2020>(4) The Administrator of the Korea Forest Service or a Mayor/Do Governor may install and operate the following facilities necessary to protect and manage a forest genetic resources protection zone that meets the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, in terms of its size, location, etc.: <Added on Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014>1. Facilities for the examination, preservation and research of forest genetic resources;

2. Facilities for education, investigation and guidance in the forest genetic resources protection zone;

3. Other facilities necessary to protect and manage the forest genetic resources protection zone, which are prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

Article 10-2Management of forest genetic resources protection zones in national parks

(1) In order to protect and manage forest genetic resources protection zones in a national park as defined in subparagraph 2 of Article 2 of the Natural Parks Act, the head of a regional forest office may perform the following acts. In such cases, he or she shall give prior notice thereof to the park management agency concerned:

1. Examination, preservation and research of forest genetic resources;

2. Control of forest diseases and pests;

3. Prevention of forest fires;

4. Other acts necessary to protect and manage forest genetic resources protection zones, which are prescribed by Presidential Decree.

(2) Where it is necessary to protect and manage forest genetic resources protection zones in a national park, the head of a regional forest office may restrict human access thereto, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs; provided, this shall not apply to cases falling under any of the following subparagraphs: <Amended on Mar. 23, 2013>1. Tourist trails established and operated by a park management agency;

2. Where a park management agency gains access to manage the park.[This Article Added on Feb. 22, 2012]

Article 10-3Formulation and implementation of master plans for management of forest genetic resources protection zones

(1) In order to protect and manage forest genetic resources protection zones, the Administrator of the Korea Forest Service shall formulate and implement a master plan for the management of forest genetic resources protection zones, including the following (hereinafter referred to as "master management plan"), every five years:

1. Matters concerning the establishment of objectives for protection and management of forest genetic resources protection zones;

2. Matters concerning the examination and research of forest genetic resources;

3. Matters concerning the geographic distribution of forest genetic resources;

4. Matters necessary for the sustainable use of forest genetic resources protection zones;

5. Matters necessary for the protection and management of forest genetic resources.

(2) The Administrator of the Korea Forest Service shall formulate and implement an implementation plan for forest genetic resources protection zones (hereafter in this Article referred to as "implementation plan") each year in accordance with the master management plan and endeavor to secure funds necessary therefor. <Added on Jan. 8, 2019>(3) The Administrator of the Korea Forest Service shall have prior consultations with the heads of relevant administrative agencies and the heads of local governments in order to formulate or amend a master management plan; provided, this shall not apply where the Administrator of the Korea Forest Service amends insignificant matters prescribed by Presidential Decree. <Amended on Jan. 8, 2019>(4) Upon formulating or amending a master management plan or an implementation plan, the Administrator of the Korea Forest Service shall publish the formulated or amended master management plan or implementation plan; notify the heads of the relevant central administrative agencies and Mayors/Do Governor of such plan; and submit such plan to the competent standing committee of the National Assembly, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Added on Jan. 8, 2019>(5) Where necessary for formulating a master management plan or an implementation plan, the Administrator of the Korea Forest Service may request the heads of relevant administrative agencies and the heads of local governments to submit data. In such cases, the heads of relevant administrative agencies and the heads of local governments shall comply with such request in the absence of good cause. <Amended on Jan. 8, 2019; Mar. 24, 2020>(6) Pursuant to a master management plan, each Mayor/Do Governor and the director general of each regional office of forest service shall respectively formulate and implement a management plan for the forest genetic resources protection zones under his or her jurisdiction (hereafter in this Article referred to as "local management plan") every five years. <Amended on Jan. 8, 2019>(7) Pursuant to a master management plan and a local management plan, each Mayor/Do Governor and the director general of each regional office of forest service shall respectively formulate and implement an annual implementation plan. <Amended on Jan. 8, 2019>[This Article Added on Feb. 22, 2012][Title Amended on Jan. 8, 2019]

Article 10-4Evaluation of efficacy

(1) The Administrator of the Korea Forest Service may evaluate the efficacy of protection and management of forest genetic resources protection zones (hereafter referred to as "evaluation of efficacy" in this Article).

(2) The Administrator of the Korea Forest Service shall reflect the results of evaluation of efficacy in a master management plan.

(3) Matters necessary for the standards, methods, timing, etc. for the evaluation of efficacy shall be prescribed by Presidential Decree.[This Article Added on Feb. 22, 2012]

Article 11Cancellation of designation of forest conservation zones

(1) The Administrator of the Korea Forest Service or a Mayor/Do Governor may fully or partially revoke the designation of a forest conservation zone as follows: <Amended on Feb. 4, 2010; Feb. 22, 2012; Mar. 23, 2013; Jun. 3, 2014; Dec. 27, 2016; Dec. 3, 2019; Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024>1. Conservation zones for the living environment, conservation zones for scenic views, conservation zones for development of water resources, and conservation zones for disaster prevention:a. Where it is deemed unnecessary to keep the relevant area as a forest conservation zone because the purpose of designation has been attained;b. Where it is deemed the purpose of designation is no longer relevant because of any damage caused by a natural disaster, or any other ground prescribed by Presidential Decree;c. Where it is intended to use the relevant forest conservation zone as land for school facilities, farm road facilities, major industrial facilities, military facilities, river facilities, roads, railroad facilities, or other official or public facilities prescribed by Presidential Decree;d. Where it is intended to use the relevant forest conservation zone for purposes related to agriculture, forestry, fishing industry, or mining industry and for purposes prescribed by Presidential Decree, such as the development of agricultural land, facilities including housing on farms, facilities for fishery farming, etc.;e. Where it is deemed inevitable to revoke the designation for the purpose of the public interest, such as the designation and management of a protection zone under Article 27 of the Act on Conservation and Utilization of Cultural Heritage (including areas occupied by the State-designated cultural heritage), as well as protection zone under Article 13 of the Act on Conservation and Utilization of Natural Heritage zones (including areas occupied by natural monuments and scenic spots), due to the occurrence of grounds prescribed by Presidential Decree;f. Where it is intended to use the relevant forest conservation zone for purposes prescribed by Presidential Decree, such as collecting sand or stones in some parts of the forest conservation zone, to the extent such purposes do not impede the purpose of designation of a forest conservation zone;g. Where part of a conservation zone for development of water resources designated by the Administrator of the Korea Forest Service pursuant to Article 7(1) is included in a site for another purpose prescribed by Presidential Decree within the scope prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, so as not to impede its purpose of designation;h. Where it is deemed inevitable to revoke the designation for the purpose of public interest, such as the designation and management of a protection zone of City/Do-designated cultural heritage (including the area occupied by City/Do-designated cultural heritage) under Article 74(2) of the Act on the Conservation and Utilization of Cultural Heritage, as well as a protection zone of City/Do natural heritage and natural heritage materials (including the area occupied by City/Do natural heritage) under Article 41 of the Act on the Conservation and Utilization of Natural Heritage, due to the occurrence of grounds prescribed by Presidential Decree arises;

2. Forest gene resources protection zones:a. In cases falling under subparagraph 1a or b;b. Where such protection zones are used as sites for military installations or other facilities specified by Presidential Decree for public use or public purposes or where it is deemed inevitable to revoke the designation of such protection zones for the public interest.

(2) A Mayor/Do Governor who intends to fully or partially revoke the designation of a forest conservation zone, in any of the following cases, shall first consult with the Administrator of the Korea Forest Service: <Amended on Jul. 20, 2015; Dec. 3, 2019>1. In cases falling under paragraph (1)1a, b, g, or h;

2. In cases falling under paragraph (1)2a.

(3) Upon receipt of a request for consultation under paragraph (2), the Administrator of the Korea Forest Service shall undergo deliberation by the Central Mountainous District Management Committee established under Article 22(1) of the Mountainous Districts Management Act. <Added on Jul. 20, 2015>(4) The Administrator of the Korea Forest Service shall notify the competent Mayor/Do Governor of the consultation opinion reached based on the results of deliberation by the Central Mountainous District Management Committee referred to in paragraph (3). <Added on Jul. 20, 2015>(5) Details about the procedures, method, etc. for revoking the designation of any forest conservation zone, shall be prescribed by Presidential Decree. <Added on Jul. 20, 2015>

Article 11-2Re-designation of forest conservation zones

(1) Any forest conservation zone, the designation of which has been revoked pursuant to Article 11(1)1c through h or 2b, may be re-designated as such if it falls under any of the following: <Amended on Dec. 3, 2019; Mar. 24, 2020>1. Where the relevant project has not commenced by not later than three years from the date the revocation of the designation of the forest conservation zone was publicly notified;

2. Where the designation of a project zone, etc. for the relevant project becomes ineffective due to the revocation of authorization or permission therefor, expiration of the period, etc.

(2) Where any designating authority re-designates a forest conservation zone pursuant to paragraph (1), he or she shall publicly notify the following matters and shall inform the landowners, the head of the competent Si/Gun/Gu, and those prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs thereof pursuant to Article 8(1). In such cases, no period for raising an objection shall be set:

1. Grounds for the re-designation of the forest conservation zone;

2. Division of the zone;

3. Location and area of the land subject to re-designation;

4. Base date of re-designation.[This Article Added on Dec. 27, 2016]

Article 12Purchase and exchange of land within forest conservation zones

(1) If necessary for achieving purposes of the designation of a forest conservation zone, the State or a local government may purchase parcels of land within the forest conservation zone (including trees and bamboo therein; the same shall apply hereafter in this Article) or parcels of land specified by Presidential Decree around the forest conservation zone within budget limits or exchange them with State-owned or public forests, through negotiations with landowners or at the request of landowners; provided, any of the following land may be selected for purchase or exchange in preference to land of other forest conservation zones: <Amended on Jun. 3, 2014>1. Jeju Gotjawal;

2. Land with fresh air;

3. Other land prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(2) As to the procedures for purchasing or exchanging parcels of land pursuant to paragraph (1) and other necessary matters, the State Property Act, the State Forest Administration and Management Act, or the Public Property and Commodity Management Act shall apply mutatis mutandis.

(3) Purchase or exchange prices in cases of purchase or exchange of parcels of land pursuant to paragraph (1) shall be calculated in accordance with the Act on the Acquisition of Land for Public Works and the Compensation therefor.

Article 12-2Sale and exchange of land in conservation zones for development of water resources

Where the head of a central administrative agency, etc. under subparagraph 11 of Article 2 of the State Property Act intends to sell or make exchanges of property designated as a conservation zone for development of water resources pursuant to Decree of the Ministry of Agriculture, Food and Rural Affairs, of the national forests under his or her jurisdiction (excluding national forests under the jurisdiction of the Korea Forest Service), he or she shall have prior consultations with the person authorized to designate such zone, and inform the other party to the sale or exchange of the result of the consultations. <Amended on Mar. 23, 2013>[This Article Added on Feb. 22, 2012]

Article 13Designation and management of veteran trees

(1) A Mayor/Do Governor or the director general of a regional office of forest service shall designate a tree that requires special protection (hereinafter referred to as "veteran tree"), such as an old tree, giant tree, or rare tree of historic or scientific value, as a veteran tree.

(2) To designate a tree as a veteran tree under paragraph (1), a Mayor/Do Governor or the director general of a regional office of forest service shall publicly announce the following matters and inform those prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, including the owner of the tree to be designated and the head of the Si/Gun/Gu having jurisdiction over such tree, of the same: <Amended on Mar. 24, 2020>1. The grounds for designation;

2. The address of the tree to be designated;

3. Information on the tree to be designated, including its species, age, height, diameter at breast height, and crown width;

4. Period given for filing an objection against the designation;

5. Other matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(3) In respect of the designation of a veteran tree under paragraph (1), the owner of, or any person who has a direct interest in, a tree to be designated as a veteran tree may file an objection with a Mayor/Do Governor or the director general of a regional office of forest service within the period for filing an objection under paragraph (2)4, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(4) A Mayor/Do Governor or the director general of a regional office of forest service shall make a determination as to an objection within 20 days of receipt of the objection and inform the applicant of the determination without delay.

(5) If no objection is filed or an objection is deemed groundless, the Mayor/Do Governor or the director general of the regional office of forest service shall designate a tree as a veteran tree and publicly notify such designation, and inform its owner and the head of the Si/Gun/Gu having jurisdiction over the tree of such designation.

(6) The designation of a veteran tree shall take effect from the date the designation is publicly notified.[This Article Wholly Amended on Jan. 8, 2019]

Article 13-2Management and relocation of veteran trees

(1) A Mayor/Do Governor or the director general of a regional office of forest service shall manage a veteran tree safely at the location where it stands; provided, a Mayor/Do Governor or the director general of a regional office of forest service may manage a veteran tree after relocation in any of the following cases:

1. If the land on which the veteran tree is growing is to be used as a site for any common or public facilities prescribed by Presidential Decree, such as school facilities, farm road facilities, major industrial facilities, military facilities, river facilities, roads, and railroad facilities;

2. If relocation is inevitable to prevent harm to residents’ life or body.

(2) To relocate a veteran tree under the proviso of paragraph (1), opinions of experts, such as tree doctors, shall be heard.

(3) Each year a Mayor/Do Governor or the director general of a regional office of forest service shall regularly inspect whether veteran trees have diseases or are destroyed in order to protect and manage the veteran trees.

(4) To ascertain the current state, etc. of veteran trees, the Administrator of the Korea Forest Service may request the heads of local governments and the heads of related institutions and organizations to submit data. In such cases, upon receipt of a request to submit data, the heads of local governments and the heads of related institutions and organizations shall comply therewith unless there is a compelling reason not to do so.

(5) The State and a local government may protect and manage a veteran tree by purchasing the land occupied by the veteran tree or exchanging the land with another lot of land. Article 12 shall apply mutatis mutandis in this case.[This Article Added on Jan. 8, 2019]

Article 13-3Prohibited activities with regard to veteran trees

(1) No person shall engage in any activity that destroys all or part of any veteran tree.

(2) Notwithstanding paragraph (1), a Mayor/Do Governor or the director general of a regional office of forest service may engage in such activities as cutting part of a veteran tree or installing a protective device in any of the following cases. In such cases, opinions of experts, such as tree doctors, shall be heard:

1. To prevent and treat a disease of the veteran tree;

2. To protect crops growing near the veteran tree;

3. Other cases prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(3) To protect and manage a veteran tree, a Mayor/Do Governor or the director general of a regional office of forest service may restrict any development activities within an area equivalent to the crown width of the veteran tree, out of the land on which the veteran tree is growing. In such cases, he or she shall explain a reason therefor to the landowner, etc. of the relevant area in advance.[This Article Added on Jan. 8, 2019]

Article 13-4Revocation of designation of veteran trees

(1) A Mayor/Do Governor or the director general of a regional office of forest service may revoke the designation of a veteran tree if the purpose of designation ceases to exist or cannot be achieved because the veteran tree has been destroyed or damaged due to a natural disaster, fire, etc.

(2) Upon revoking the designation of a veteran tree, a Mayor/Do Governor or the director general of a regional office of forest service shall publicly announce such revocation and notify its owner and the head of the Si/Gun/Gu having jurisdiction over the veteran tree thereof.

(3) Further details about procedures, methods, etc. for revoking the designation of veteran trees shall be prescribed by Presidential Decree.[This Article Added on Jan. 8, 2019]

Article 13-5Deliberative committee on veteran trees

(1) A Mayor/Do Governor or the director general of a regional office of forest service may establish a deliberative committee on veteran trees to enhance expertise in affairs, such as designating, revoking the designation of, and relocating, veteran trees.

(2) Deliberative committees on veteran trees shall deliberate on the following:

1. Matters about the designation of veteran trees;

2. Matters about the revocation of designation of veteran trees;

3. Matters about the relocation of veteran trees;

4. Other matters deemed significant by a Mayor/Do Governor or the director general of a regional office of forest service.

(3) Matters necessary for the composition, operation, etc. of deliberative committees on veteran trees shall be prescribed by Presidential Decree.[This Article Added on Jan. 8, 2019]

Article 13-6Support for damage caused by veteran trees

(1) The State or a local government may establish a compensation scheme, such as joining a mutual aid for compensation for damage caused by public works under Article 16(1)2 of the Korea Local Finance Association Act in order to support persons who suffer loss of life or damage to their property due to the State or local government’s mismanagement of veteran trees.

(2) Scope of veteran trees and requirements and procedures for support under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.[This Article Added on Jan. 15, 2019]

Article 14Designation of forest cleanup zone

(1) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may, if a forest has been polluted or is anticipated to be polluted and thus it is considered necessary to take measures for preventing the forest from pollution or cleaning up pollution or if deemed necessary for conserving a forest or forest environment, designate all or part of the forest as a forest cleanup zone in accordance with standards prescribed by Presidential Decree. <Amended on Jun. 3, 2014>(2) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may install facilities for preventing pollution in a forest cleanup zone designated pursuant to paragraph (1) and take other measures necessary for preventing and cleaning the forest from pollution and conserving the forest environment. <Amended on Jun. 3, 2014>(3) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may cancel the designation of a forest cleanup zone, if he or she finds that purposes of the designation have been achieved or that it is not necessary to keep the designation any longer. <Amended on Jun. 3, 2014>(4) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall, whenever he or she designates a forest cleanup zone pursuant to paragraph (1) or cancels the designation pursuant to paragraph (3), publicly notify such fact. <Amended on Jun. 3, 2014>(5) The procedures for designation and management of forest cleanup zones and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 15Designation of restricted zones

(1) If necessary for preventing forest fires, maintaining natural scenic views, conserving the natural environment, or forest conservation on other grounds, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may designate part of a forest (excluding a park zone under the Natural Parks Act) as a restricted zone for a specified period and restrict access by the general public or the passage of vehicles. <Amended on Jun. 3, 2014; Mar. 20, 2018>(2) Upon designating a restricted zone in a mountain, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall publicly notify such fact, affected areas, the period for restricting access by the general public or the passage of vehicles, etc., and shall install signs specified by Decree of the Ministry of Agriculture, Food and Rural Affairs, around the restricted zone. <Amended on Mar. 23, 2013; Jun. 3, 2014; Mar. 20, 2018>(3) Any person who intends to enter a restricted zone in a mountain (including persons who intend to pass through the zone by vehicle) shall obtain permission from the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, or the head of the competent regional forest office; provided, a person may enter a restricted zone without permission for carrying out a forest project, fighting a forest fire, or for other reasons specified by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 3, 2014; Mar. 20, 2018>(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall notify the applicant of whether to grant permission within three days after receipt of an application for permission under the main sentence of paragraph (3). <Added on Mar. 20, 2018>(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office fails to notify the applicant of whether to grant permission or of an extension of the period of treatment under statutes relating to treatment of civil petitions, within the period specified in paragraph (4), permission shall be deemed granted on the date following the date of expiration of the period (referring to the relevant period of treatment if the period of treatment has been extended or re-extended pursuant to statutes relating to treatment of civil petitions). <Added on Mar. 20, 2018>(6) If the purpose of the designation of a restricted zone have been achieved or frustrated, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office shall cancel the designation without delay and give public notice of such fact. <Amended on Jun. 3, 2014; Mar. 20, 2018>(7) The procedures for the designation of a restricted zone in a mountain and the cancellation of the designation and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 20, 2018>

Article 16Prohibited activities for prevention of forest pollution

No one shall commit any of the following acts in a forest:

1. Dumping sewage or waste;

2. Moving, contaminating, or destroying a sign installed by a forest administrative authority for the conservation and management of the forest.

Article 17Employment of forest guards

(1) The Administrator of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may employ forest wardens, if necessary for forest conservation, including the prevention of a forest conservation zone or a forest cleanup zone from destruction and pollution. <Amended on Jun. 3, 2014; Mar. 20, 2018>(2) A forest warden under paragraph (1) shall perform the following duties:

1. Prevention of forest from destruction and pollution and guidance therefor;

2. Protection of forest plants;

3. Preventive observations of forest diseases and pests;

4. Activities for prevention of forest fires;

5. Other activities necessary for forest conservation.

(3) If necessary for forest wardens to perform their duties, the Administrator of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest office may reimburse expenses incurred in their activities within the budget. <Amended on Jun. 3, 2014; Mar. 20, 2018>(4) The qualification for forest wardens, the method of employment of such wardens, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or municipal ordinance of each local government. <Amended on Mar. 23, 2013>

Article 18Designation of ecological woods

(1) The Administrator of the Korea Forest Service may designate a forest as an ecological woods, if it is necessary for stabilizing the ecosystem of the forest, maintaining and improving biodiversity in the forest and in conducting research, education, exploration, and learning by experience.

(2) The head of a local government or the head of a regional forest office shall, if he or she intends to have a forest designated as an ecological woods pursuant to paragraph (1), file an application for the designation of ecological woods with the Administrator of the Korea Forest Service, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>(3) The Administrator of the Korea Forest Service shall, upon receiving an application for designation pursuant to paragraph (2), designate the forest as ecological woods, if it satisfies standards prescribed by Presidential Decree in terms of locations and the size of forest.

(4) The Administrator of the Korea Forest Service may install facilities for conducting research, education, exploration, and learning by experience under paragraph (1) (hereinafter referred to as "forest ecosystem center") in ecological woods or an area around such ecological woods or support a local government that intends to reinstate the destroyed forest ecological system.

(5) Standards for the designation of ecological woods and the cancellation of the designation, standards for the selection of areas eligible for designation, the scale of facilities of forest ecosystem centers, the scope of facilities installed, and other matters necessary for the management of ecological woods shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 18-2Designation and management of species subject to special forest conservation

(1) The Administrator of the Korea Forest Service or each Mayor/Do Governor may designate and manage forest resources, which are specially weak to climate change, forest disaster, artificial forest destruction, etc. or which need to be preferentially protected for the stability of the forest ecosystem and for their high value in terms of economy, culture and academy, as species subject to special forest conservation (hereinafter referred to as "protected species"); provided, where the Administrator of the Korea Forest Service or each Mayor/Do Governor intends to designate or manage species, which have already been designated as protected species under other Acts and subordinate statues, as protective species under this Act, he or she shall consult with the heads of related central administrative agencies in advance. <Amended on Jan. 31, 2025>(2) The Administrator of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may designate an area which specially needs to be protected, among areas in which protected species designated under paragraph (1) inhabit in group, as a conservation zone for forest gene resources under Article 7(1) or ecological woods under Article 18(1).

(3) The Administrator of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may establish and implement methods to minimize damage on protected species and their habitat in conducting forest business prescribed in subparagraph 3 of Article 2 of the Forest Resources Creation and Management Act.

(4) The Administrator of the Korea Forest Service or a Mayor/Do Governor may subsidize all or part of costs necessary for conservation, management, proliferation, usage, development of variety and distribution of protected species designated under paragraph (1) within the budget.

(5) Other matters necessary for the type and method of designation of protected species under paragraph (1) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>[This Article Added on Jul. 14, 2011]

Article 18-3Prohibition of thinning out and extracting of protected species

(1) No one shall thin out, mine, collect, damage, or wither protected species designated pursuant to Article 18-2 or destruct their habitats. <Amended on Jun. 3, 2014>(2) Notwithstanding paragraph (1), any person who obtains permission from the Administrator of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office in any of the following, may mine or collect protected species; provided, where he or she has obtained permission to thin out or extract protected species under other Act and subordinate statutes, he or she shall comply with such Acts and subordinate statutes: <Amended on Mar. 23, 2013; Jun. 3, 2014>1. Where he or she intends to use the protected species for academic purpose, research, proliferation or restoration;

2. Where an arboretum registered pursuant to Article 9 of the Creation and Furtherance of Arboretums Act intends to use the protected species for exhibitions or education;

3. Other cases prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the extent not hindering the continuous growth and proliferation of protected specifies.

(3) Where a habitat is damaged since the protected species designated pursuant to Article 18-2(1) have been thinned out or extracted, the Administrator of the Korea Forest Service, a Mayor/Do Governor or the head of a regional forest office may restore or recover them.

(4) Matters necessary for permission for thinning out or extracting protected species under paragraph (2) and restoration, recovery, etc. under paragraph (3) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>[This Article Added on Jul. 14, 2011]

Article 19Levels of health and vitality of forests

(1) The Administrator of the Korea Forest Service may examine and assess levels of the health and diversity maintained in each forest ecosystem (hereinafter referred to as "levels of health and vitality of forests") in order to enhance functions of forests.

(2) If deemed necessary as a result of examination and assessment of levels of health and vitality of forests pursuant to paragraph (1) that the forest needs special care, the Administrator of the Korea Forest Service shall establish and implement measures for conservation.

(3) Standards for examination on levels of health and vitality of forests, the method of assessment of such levels, and other necessary measures shall be prescribed by Presidential Decree.