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ENFORCEMENT DECREE OF THE SPECIAL ACT ON MANAGEMENT OF MOUNTAINOUS DISTRICTS NORTH OF THE CIVILIAN CONTROL LINE — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.
1/2 · CHAPTER I GENERAL PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1Purpose
The purpose of this Decree is to stipulate matters delegated by the "Special Act on Management of Mountainous Districts North of the Civilian Control Line" and matters necessary for its implementation.
CHAPTER 2 CONSERVATION AND USE OF MOUNTAINOUS DISTRICTS IN NORTHERN AREA OF CILVILIAN CONTROL LINE
Article 2Formulation of management plans for mountainous areas north of Civilian Control Line
(1) "Matters prescribed by Presidential Decree" in Article 7(1)5 of the "Special Act on Management of Mountainous Districts North of the Civilian Control Line" (hereinafter referred to as the "Act") means the following matters:
1. Matters concerning special provisions for the classification of mountainous areas under Article 19 of the Act;
2. Matters pertaining to special provisions concerning designation of an area subject to restriction on the conversion or temporary use of mountainous areas (hereinafter referred to as "a mountainous area subject to restriction on the conversion or temporary use") pursuant to Article 20(1) of the Act;
3. Matters pertaining to inter-Korean exchange and cooperation conducted in the northern area of the Civilian Control Line (hereinafter referred to as the "north of CCL") in accordance with the Inter-Korean Exchange and Cooperation Act;
4. Matters related to analysis and evaluation of the results of operation of the comprehensive management plan for mountainous areas pursuant to Article 7(1) of the Act;
5. Matters related to changes in regional conditions and prospects in the north of CCL.
(2) In the proviso of former part of Article 7(4) of the Act and the proviso of paragraph (5) of that Article, "where modification of any minor matter specified by Presidential Decree is intended" refers to cases where the current status of mountainous areas changed by natural disasters such as typhoons, floods, and forest fires is reflected.
(3) In the proviso of Article 7(6) of the Act, "where the conditions of mountainous areas are altered in accordance with a permit for the conversion of mountainous areas or where any minor matters specified by Presidential Decree are modified" refers to any of the following cases:
1. In case of reflecting the status of mountainous areas changed by a permit for the conversion of mountainous areas;
2. If an area intended for conversion is modified within a scope of 10,000 square meters or less in accordance with a permit for conversion of mountainous areas.
Article 3Procedures and methods of feasibility study on designation of mountainous areas for ecologically sustainable conversion
(1) In Article 9(1) of the Act, "an institution specified by Presidential Decree as specializing in the management of mountainous areas" means the Korea Forest Conservation Association under Article 46 of the Mountainous Districts Management Act (hereinafter referred to as the "KFCA").
(2) A person intending to apply for a feasibility study (hereinafter referred to as "feasibility study") to determine whether the designation of mountainous districts for ecologically sustainable conversion in accordance with Article 9(1) of the Act (hereinafter referred to as "mountainous districts for ecologically sustainable conversion") meets the standards for designation and whether the designation is appropriate, shall submit an application for a feasibility study along with the relevant documents to the KFCA, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>(3) The KFCA, upon receiving an application for a feasibility study pursuant to paragraph (2), shall mark the boundaries of the area subject to designation or modified designation for mountainous districts for ecologically sustainable conversion, in accordance with Decree of the Ministry of Agriculture, Food and Rural Affairs, and shall investigate whether the area meets the designation standards for mountainous districts for ecologically sustainable conversion as specified in Article 4. <Amended on Mar. 23, 2013>(4) The KFCA shall keep the following documents and data prepared in relation to the feasibility study in accordance with Article 9(3) of the Act: <Added on Jun. 2, 2020>1. Documents related to the results of the feasibility study and review opinions;
2. Documents and supporting materials related to forest surveys and analyses, including standing timber volume, forest age, and other relevant factors;
3. Documents, drawings, and supporting data in the form of electronic media such as CD on survey and analysis data related to elevation, average slope, and other relevant factors.
(5) When the KFCA receives an application for a feasibility study pursuant to paragraph (2), it shall calculate the fee in accordance with the standards publicly notified by the Administrator of the Korea Forest Service and notify the applicant of the fee. <Amended on Jun. 2, 2020>(6) Matters necessary for notice, payment, refund, etc. of fees pursuant to paragraph (5) shall be determined and publicly notified by the Administrator of the Korea Forest Service. <Amended on Jun. 2, 2020>
Article 4Standards for designation of mountainous districts for ecologically sustainable conversion
(1) The standards for designation of a mountainous area for ecologically sustainable conversion in accordance with Article 9(5) of the Act are as follows: <Amended on Jun. 2, 2020>1. It shall be compatible with the comprehensive management plan for mountainous areas and the annual management plan for mountainous areas pursuant to Article 7 of the Act;
2. It shall not be an area subject to the restriction on the designation of a mountainous area for ecologically sustainable conversion under Article 12 of the Act;
3. It shall comply with the standards for ecologically sustainable conversion of mountainous areas under Article 14 of the Act;
4. In the case of mountainous areas that have been subject to long-term investment for forest management or preserved mountainous areas necessary for the promotion of forestry and mountain villages, the area shall be limited to the minimum necessary for that purpose;
5. In cases where the installation of infrastructure such as roads is required, it shall be possible to connect with existing infrastructure;
6. The scale of the designated mountainous districts for ecologically sustainable conversion shall be appropriate, considering the nature of the intended project, the land use plan for the mountainous area, and the surrounding landscape;
7. There shall be no disruption to landscape and environmental conservation, disaster prevention, etc.
(2) The detailed matters concerning the standards for designation of mountainous districts for ecologically sustainable conversion under paragraph (1) may be determined and publicly notified by the Administrator of the Korea Forest Service.
Article 5Procedures for designation and modified designation of mountainous districts for ecologically sustainable diversion
(1) If the head of a Si/Gun or the head of the National Forest Management Office intends to apply for the designation or modified designation of a mountainous area for ecologically sustainable conversion in accordance with Article 10(1) of the Act, he or she shall submit an application in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Administrator of the Korea Forest Service, along with the documents specified in each of the following subparagraphs: <Amended on Mar. 23, 2013>1. Results of feasibility study conducted in accordance with Article 9(2) of the Act;
2. A written opinion from the competent Metropolitan City Mayor/Do Governor (hereinafter referred to as "Mayor/Do Governor") or head of the Regional Forest Service;
3. A written opinion from the head of the relevant administrative agency (including the head of the relevant military unit);
4. Other documents prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs.
(2) The Administrator of the Korea Forest Service, upon receiving an application for the designation or modified designation of a mountainous area for ecologically sustainable conversion pursuant to paragraph (1), he or she shall review whether the application meets the standards for designation of a mountainous area for ecologically sustainable conversion as set forth in Article 4, and conduct an on-site inspection, and then decide on the designation or modified designation of a mountainous area for ecologically sustainable conversion, and notify the Mayor/Do Governor, the head of the Regional Forest Service, the head of Si/Gun, or the head of the National Forest Management Office of the result within 60 days from the date of application; provided, if there are unavoidable circumstances, the period may be extended once, for a period not exceeding 30 days.
(3) If a person other than the head of Si/Gun or the head of the National Forest Management Office intends to propose designation or modified designation of a mountainous area for ecologically sustainable conversion pursuant to Article 10(3) of the Act, he or she shall submit a proposal in the form prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs to the head of Si/Gun or the head of the National Forest Management Office, attached with a business plan prepared in compliance with the designation criteria for a mountainous area for ecologically sustainable conversion. <Amended on Mar. 23, 2013>
Article 6Projects permitted for diversion of mountainous district without designation of zones subject to ecologically sustainable diversion of mountainous districts
In the proviso of Article 10(1) of the Act, "projects prescribed by Presidential Decree, such as railroads and roads" means any of the following projects: <Amended on Jul. 20, 2015; Mar. 12, 2019; Jul. 9, 2019; Jun. 22, 2021>1. Installation of national defense and military facilities as defined in subparagraph 1 of Article 2 of the Act on National Defense and Military Installations Projects;
2. Installation of national or local government offices, their auxiliary facilities, and weather observation facilities;
3. Installation of railways as defined in subparagraph 1 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management, roads as defined in subparagraph 1 of Article 2 of the Road Act, and rural roads as defined in Article 2(1) of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, and private roads, etc. as defined in Article 2 of the Private Road Act;
4. Installation of erosion control facilities as defined in subparagraph 3 of Article 2 of the Erosion Control Work Act, rivers and embankments as defined in the River Act, reservoirs, windbreak facilities, and fire prevention facilities as defined in subparagraph 5e of Article 2 of the Agricultural and Fishing Villages Improvement Act, and other national land conservation facilities of a similar nature;
5. Creation of recreation forests, forest park, and forest trail as defined in Article 2 of the Forestry Culture and Recreation Act, and ecological forests and forest ecological gardens under Article 18 of the Forest Protection Act;
6. Creation of national arboretums and public arboretums as defined in Article 4(1)1 and 2 of the Creation and Furtherance of Arboretums Act and national gardens and local gardens as defined in Article 4(2)1 and 2;
7. Installation of national telecommunications facilities or telecommunication facilities under subparagraph 2 of Article 2 of the Framework Act on Telecommunications;
8. Installation of ecological corridors, facilities for the protection and breeding of birds and wild animals, ecological trails, visitor information facilities, and ecological observation towers under subparagraph 9 of Article 2 of the Natural Environment Conservation Act;
9. Installation of other facilities for public, governmental, or public interest purposes, as recognized necessary and publicly notified by the Administrator of the Korea Forest Service.
Article 7Changes to minor matters in mountainous areas for ecologically sustainable diversion
In the proviso of Article 11(1) of the Act, "if modification of a minor matter specified by Presidential Decree is intended" refers to any of the following cases:
1. In case of changing the name of the target projects;
2. In case of revising a plan for using the mountainous area within the scope of the purpose of designation (including cases where the designated area is reduced or expanded within 10/100 of the original area).
Article 8Restrictions on designation of mountainous areas for ecologically sustainable diversion
In subparagraph 10 of Article 12 of the Act, "mountainous areas prescribed by Presidential Decree" means mountainous areas that fall under any of the following subparagraphs: <Amended on Jul. 2, 2019>1. Mountainous areas designated as forestry cultural assets pursuant to Article 29(1) of the Forest Culture and Recreation Act;
2. Mountainous areas necessary for the protection of forest ecosystem, natural landscape, coastal sand dunes, or living environment;
3. Mountainous areas designated as seed production forests and experimental forests in accordance with Articles 19 and 47 of the Creation and Management of Forest Resources Act;
4. Mountainous areas for public use in accordance with Article 4(1)1b7) through 9) and 12) of the Mountainous Districts Management Act.
Article 9Changes to minor matters in implementation plans
In the proviso of Article 13(1) of the Act, "where modification of any minor matter specified by Presidential Decree is intended" refers to cases where the total floor area of a building or artificial structure is intended to be modified within a range not exceeding 10 percent without altering the boundaries of the designated area.
Article 10Detailed standards for ecologically sustainable conversion of mountainous districts
The detailed standards for ecologically sustainable conversion of mountainous districts pursuant to Article 14(2) of the Act are as listed in Appendix 1.
Article 11Approval of implementation plans
(1) In the proviso of Article 15(1) of the Act, "if modification of any minor matters specified by Presidential Decree is intended" means any of the following cases:
1. When changing the title of the target projects;
2. Where a plan for using mountainous areas and a soil disposal plan are changed within the scope of the approved purpose and areas (including cases where the approved area is reduced).
(2) When the Mayor/Do Governor or the head of the Regional Forest Service has approved an implementation plan or has approved the modification thereof, or revoked the approval of the implementation plan, they shall publicly notify the following matters in accordance with Article 15(3) of the Act:
1. The location of the project implementation site;
2. Type and title of the project;
3. Area or scale of the project;
4. Name and address of the project implementer (in the case a corporation, the name and address of the corporation and the name and address of the representative);
5. The expected start date and completion date of the project;
6. The location, lot number, land category, area of the mountain land to be converted, and the details of ownership and any rights other than ownership.
(3) When a Mayor/Do Governor or the head of a Regional Forest Service publicly notifies matters under paragraph (2), he or she shall notify the details thereof to the head of the relevant administrative agency.
CHAPTER 3 SPECIAL PROVISIONS CONCERNING MOUNTAIN MANAGEMENT IN NORTH OF CIVILIAN CONTROL LINE
Article 12Land deemed designated as forestry land
In Article 19(2) of the Act, "a parcel of land that is not a forest in which standing trees are growing in a scale not less than the scale specified by Presidential Decree" refers to the land where standing trees of 10 years or older are growing in clusters, which is contiguous to land classified as forest land in the cadastral records, and which covers an area of 1,000 square meters or more.
Article 13Activities allowed in mountainous areas under special protection
(1) In Article 20(2)1c of the Act, "forest protection facilities prescribed by Presidential Decree" means veteran trees designated pursuant to Article 13(1) of the Forest Protection Act and facilities for the conservation and management of wild life under the Wildlife Protection and Management Act. <Amended on Jul. 31, 2012>(2) In Article 20(2)1d of the Act, "facilities and acts prescribed by Presidential Decree" means facilities and acts of installing facilities specified in any of the following subparagraphs: <Amended on Jul. 9, 2019>1. Facilities for the restoration and recovery of forest-damaged areas;
2. Erosion control facilities under subparagraph 3 of Article 2 of the Erosion Control Work Act;
3. Other facilities publicly notified by the Administrator of the Korea Forest Service as deemed necessary for ecological restoration of damaged mountainous areas.
(3) "Facilities prescribed by Presidential Decree" in Article 20(2)1e of the Act means facilities established by the following institutions or organizations for the purpose of forestry research:
1. Forestry testing and research institutes belonging to the State or local governments;
2. A school established under Article 2 of the Higher Education Act that has a department or faculty related to forestry.
(4) "Forest facilities for the public interest specified by Presidential Decree" in Article 20(2)1f of the Act means any of the following facilities established by the State or local governments:
1. Forest bathing trail or healing forests created pursuant to Article 20 of the Forestry Culture and Recreation Act;
2. Forest museums and mountain museums;
3. Ecological forest under subparagraph 2 of Article 2 of the Forest Protection Act;
4. Ecological corridors, facilities for the protection and breeding of birds, ecological trails, visitor information facilities, and ecological observatory under subparagraph 9 of Article 2 of the Natural Environment Conservation Act.
(5) "Period prescribed by Presidential Decree" in Article 20(2)1h of the Act refers to the period of conversion of mountainous lareas or the period for temporary use of mountainous areas to carry out the target project. <Amended on Jun. 2, 2020>(6) "Auxiliary facilities prescribed by Presidential Decree" in Article 20(2)1h of the Act means parking lots, restrooms, warehouses, accommodations, dining facilities, purification facilities, disaster prevention facilities, and material storage and transportation facilities. <Amended on Jun. 2, 2020>
Article 14Special provisions concerning restrictions on activities in preserved mountainous area
(1) "Facilities specified by Presidential Decree" in Article 21(1)4 of the Act means any of the following facilities:
1. Hospital-level medical institution under Article 3(2)3 of the Medical Service Act;
2. Youth training facilities under subparagraph 1 of Article 10 of the Youth Activity Promotion Act;
3. Facilities of schools defined in Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act.
(2) In Article 21(1)5 of the Act, "facilities prescribed by Presidential Decree" refers to facilities established by the president of the National Arboretum, the president of the National Forest Seed and Variety Center, the president of the National Institute of Forest Science, or the president of the Korea Forestry Promotion Institute for the purposes of forest protection, forestry research, and the conservation and propagation of forest resources.
(3) "Facility prescribed by Presidential Decree" in Article 21(1)6 of the Act means any of the following facilities: <Amended on May 2, 2023>1. Forest bathing trail under subparagraph 3 of Article 2 of the Forestry Culture and Recreation Act;1-2. Healing forests defined in subparagraph 5 of Article 2 of the Forestry Culture and Recreation Act;
2. Forest education facilities such as nature observation centers, forest exhibition halls, woodcraft studios, forest classrooms, forest training centers, forest museums, mountain museums, forest education resource centers;
3. Wooden construction facilities for the promotion, exhibition, education related to the use of timber;
4. Ecological forest under subparagraph 2 of Article 2 of the Forest Protection Act;
5. Observation tower.
(4) "Facilities prescribed by Presidential Decree" in Article 21(1)7 of the Act means the visitor information facilities and ecological observation towers.
(5) "Facility prescribed by Presidential Decree" in Article 21(1)9 of the Act means any of the following facilities:
1. Facilities for the prevention and suppression of forest fires, such as simple wireless communication facilities, simple water storage tanks, firebreaks, and unmanned surveillance cameras;
2. Facilities for disaster prevention or disaster recovery under the Natural Disaster Countermeasures Act;
3. Work roads and transportation roads for the production and management of forest products;
4. Facilities established by forestry workers as defined in subparagraph 1 of Article 2 of the Enforcement Decree of the Forestry and Mountain Villages Development Promotion Act (limited to those who are managing forests with an authorized plan for forest management in accordance with Article 13(4) of the Creation and Management of Forest Resources Act), and by forestry workers as defined in subparagraphs 2 and 3 of that Article, which are specified in any of the following subparagraphs:a. Facilities for producing or collecting forest products with a site area of 10,000 square meters or less;b. Facilities for processing, drying, and storage of forest products with a site area of 3,000 square meters or less;c. Forestry equipment storage facilities (referring to facilities for storing fertilizers, pesticides, machinery, etc.) and forest product display and sales facilities with a site area of 1,000 square meters or less;d. A shelter with a site area of 200 square meters or less;
5. A facility with a site area of 10,000 square meters or less established in accordance with a business plan for development of mountain villages pursuant to Article 25 of the Forestry and Mountain Villages Development Promotion Act.
(6) "Facilities prescribed by Presidential Decree" in Article 21(1)10 refers to facilities used for rural development projects as defined in subparagraph 4 of Article 2 of the Agricultural and Fishing Villages Improvement Act; provided, in cases where the facilities are installed for the development of rural tourism and resort complexes or tourist farms pursuant to Articles 82 and 83 of that Act, the facilities shall be limited to those with an area of 10,000 square meters or less.
(7) In Article 21(1)11a of the Act, "a residential house or an auxiliary facility thereof ... specified by Presidential Decree" means a house with a site area of 330 square meters or less and its auxiliary facilities.
(8) "Housing and its auxiliary facilities prescribed by Presidential Decree" in Article 21(1)11b of the Act means a house with a site area of 660 square meters or less and its auxiliary facilities.
(9) In Article 21(1)11c of the Act, "farmland or grassland below the size prescribed by Presidential Decree" means farmland or grassland of 10,000 square meters or less.
(10) "Cultivation of forest products or grazing of livestock within the scale prescribed by Presidential Decree" in Article 21(1)11d of the Act refers to the cultivation of forest products or grazing of livestock within an area of 10,000 square meters or less.
(11) In Article 21(1)12 of the Act, "religious facilities within the scale prescribed by Presidential Decree" refers to temples, churches, cathedrals, and similar facilities with a site area of 15,000 square meters or less, which are directly used for religious ceremonies and their auxiliary facilities, established by religious organizations or their affiliated entities authorized as religious corporations by the Minister of Culture, Sports, and Tourism pursuant to Article 32 of the Civil Act.
(12) "Public, cultural and sports facilities prescribed by Presidential Decree" in Article 21(1)13 of the Act means any of the following facilities:
1. Museums and art galleries pursuant to subparagraphs 1 and 2 of Article 2 of the Museum and Art Gallery Promotion Act;
2. Living sports facilities pursuant to Article 4 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act.
(13) "Period prescribed by Presidential Decree" in Article 21(1)17 of the Act refers to the period of conversion of mountainous areas or temporary use of mountainous areas to carry out the purpose project. <Added on Jun. 2, 2020>(14) In Article 21(1)17 of the Act, "auxiliary facilities specified by Presidential Decree" means parking lots, restrooms, storage facilities, accommodations, dining facilities, purification facilities, disaster prevention facilities, and material storage and transportation facilities. <Added on Jun. 2, 2020>
Article 15Special provisions concerning standards for permission for conversion of mountainous area
The standards for permission for conversion of mountainous districts in the north of CCL pursuant to Article 22 of the Act are as listed in Appendix 2.
Article 16Special provisions concerning standards for permission for conversion of mountainous districts
(1) In the latter part of Article 23(2) of the Act, "an institution specified by Presidential Decree as specializing in the management of mountainous areas" means any of the following agencies: <Amended on Jul. 9, 2019; Apr. 11, 2023; Jan. 30, 2026>1. Korea Forest Conservation Association;
2. Korea Forest Disaster Safety Technology Corporation pursuant to Article 58 of the Forest Disaster Prevention Act;
3. Other institutions or organizations that have been recognized and publicly notified by the Administrator of the Korea Forest Service as having the specialized personnel and dedicated organizations necessary for forest restoration and ecological restoration.
CHAPTER 4 MANAGEMENT OF MOUNTAINOUS AREAS IN NORTH OF CCL AND SUPPORT FOR RESIDENTS
Article 17Formulation and implementation of plans for resident support projects
(1) In order to efficiently and systematically implement resident support projects under Article 25(1) of the Act, the Administrator of the Korea Forest Service shall notify the Mayor/Do Governor of the following matters by the end of February every year:
1. The estimated cost of resident support projects for the following year;
2. The guidelines for the formulation of the resident support project plan for the upcoming year (hereinafter referred to as the "support project plan") and the evaluation criteria for the results of project implementation.
(2) The Mayor/Do Governor shall formulate a support project plan, which includes the matters specified in each of the following subparagraphs, in accordance with the guidelines for the formulation of a support project plan pursuant to paragraph (1)2, and submit it to the Administrator of the Korea Forest Service by March 31 of each year. In such cases, the support project plan shall reflect the support project plans submitted by a Si/Gun:
1. Purposes of projects;
2. Overview of the project, including project cost, implementation period, and effects;
3. General conditions and characteristics of the area eligible for support and its surroundings;
4. Detailed implementation plans for projects;
5. Investment plan and procurement plan for project funding;
6. Other matters stipulated in the guidelines for establishing the support project plan.
(3) The Administrator of the Korea Forest Service shall consult with the heads of relevant central administrative agencies regarding the details of support and scale of support for the support project plan submitted pursuant to paragraph (2) and notify the Mayor/Do Governor of the results by December 31 of each year.
(4) The Mayor/Do Governor shall receive the implementation results of the supported project from the head of a Si/Gun pursuant to paragraph (3) and submit it to the Administrator of the Korea Forest Service by the end of February of the year following the year in which the project was implemented.
Article 18Eligible recipients for support for income reduction in north of CCL
(1) In Article 25(2)5 of the Act, "a person who satisfies the requirements prescribed by Presidential Decree, such as a person who has not conducted tree felling or land alteration" refers to a person who owns a forest that satisfies all of the following requirements (in cases where the person who owns the land is different from the person who owns the standing trees, it refers to the person who owns the standing trees):
1. The forest shall not be located in a public-interest forest under Article 4(1)1b of the Mountainous Districts Management Act or in a restricted area for tree felling under Article 41 of the Enforcement Decree of the Creation and Management of Forest Resources Act;
2. The average age of standing trees shall be higher than the standard felling age prescribed in Article 9(3) of the Enforcement Decree of the Creation and Management of Forest Resources Act.
Article 19Standards and procedures for support for income reduction in north of CCL
(1) Support for income reduction pursuant to Article 25(2)5 of the Act shall be provided annually within the budgetary limits, in an amount equivalent to the interest on the anticipated revenue that could be obtained from felling and selling the standing trees. In this case, the anticipated revenue shall be calculated by subtracting the costs of felling, transportation, and related expenses from the market price of the standing trees.
(2) The amount equivalent to the interest under paragraph (1) shall be calculated by applying the average interest rate of fixed deposits as of January 1 of the year eligible for support, as applied by banks established under the Banking Act that conduct business nationwide.
(3) When an eligible recipient for income reduction support under Article 18 (hereinafter referred to as the "eligible recipient") seeks to receive support, they shall submit an application form for income reduction support (hereinafter referred to as the "support application") along with the relevant documents to the head of the competent local government with jurisdiction over the location of the forest, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>(4) When the head of a local government receives an application for support pursuant to paragraph (3), he or she shall conduct an on-site investigation of the relevant forest and calculate the amount of support for income reduction (hereinafter referred to as "support amount") pursuant to paragraphs (1) and (2).
(5) When calculating the support amount pursuant to paragraph (4), the support period for income reduction shall be from the date the support application is received until the date of the felling permit or the date of the felling report (or in cases where ownership is transferred before felling, the date of the ownership transfer); in the year the support application is received, the period shall be calculated from the month in which the application is received; in the year when felling occurs or ownership is transferred, the period shall be calculated up to the month preceding the month in which the felling permit, felling report, or ownership transfer occurs, and it shall be calculated on a monthly basis. <Amended on Jul. 2, 2019>(6) The head of a local government shall notify the support applicant of the support amount calculated pursuant to paragraph (5) and the expected payment period.
(7) The head of a local government shall submit the details of the support application under paragraph (3) and the calculation of the support amount under paragraphs (4) and (5) to the Administrator of the Korea Forest Service by December 31 of the year preceding the year eligible for support.
(8) The Administrator of the Korea Forest Service shall verify the calculation of the support amount submitted pursuant to paragraph (7) and disburse the support amount to the head of a local government, and the head of a local government who has received the support amount shall then disburse the support amount to the applicant.
(9) The Administrator of the Korea Forest Service shall determine necessary details regarding on-site investigation, calculation of support amount, payment procedures, etc. in accordance with the provisions of paragraphs (4) through (8).
Article 20Business of mountain management group of north of CCL
"Business prescribed by Presidential Decree" in Article 26(1) of the Act means the following business:
1. Investigation and monitoring of illegal conversion of mountainous areas in the north of CCL;
2. Research and study on policies and systems for the development of forest resources in the north of CCL;
3. Promotion for the conservation of mountainous areas in the north of CCL;
4. Research, study, and advice on the recovery and restoration of mountainous areas in the north of CCL.
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 21Delegation and entrustment of authority
(1) Pursuant to Article 30(1) of the Act, the Administrator of the Korea Forest Service delegates the following authority to the Mayor/Do Governor in the case of a mountainous area of a national forest, public forest, or private forest that is not under the jurisdiction of the Administrator of the Korea Forest Service; and in the case of a mountainous area of a national forest under the jurisdiction of the Administrator of the Korea Forest Service, it shall be delegated to the head of the Regional Forest Service:
1. Designation or modified designation of a mountainous area for ecologically sustainable conversion with a mountainous area of less than 200,000 square meters pursuant to Article 11(1) of the Act;
2. Revocation of designation of a mountainous area for ecologically sustainable conversion pursuant to Article 11(2)2 and 3 of the Act.
(2) The Administrator of the Korea Forest Service or the head of a local government may entrust the project under Article 26(1) of the Act to the Mountain Management Group of the North of CCL pursuant to Article 30(3) of the Act.
(3) When the Mayor/Do Governor or the head of the Regional Forest Service has completed the work delegated under paragraph (1), he or she shall report it to the Administrator of the Korea Forest Service as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 22Re-examination of regulation
The Administrator of the Korea Forest Service shall examine the appropriateness of the following matters every 5 years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every fifth year) and shall take measures, such as making improvements: <Amended on Dec. 30, 2016>1. Criteria for designation of mountainous area for ecologically sustainable conversion in accordance with Article 4(1): January 1, 2017;
2. Restrictions on designation of mountainous districts for ecologically sustainable conversion in accordance with Article 8: January 1, 2017;
3. Matters to be added to the special provisions concerning restrictions on activities in preserved mountainous areas under Article 14: January 1, 2017.[This Article Added on Dec. 9, 2014]