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CREATION AND MANAGEMENT OF FOREST RESOURCES ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/4 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. SECTION 6 Forest Management Technicians
  3. SECTION 2 Deleted
  4. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to contribute to the preservation of national land, the development of national economy and the qualitative improvement of citizens' lives by securing the diverse functions of forests and promoting the sustainable preservation and utilization of forests through the development and management of forest resources.[This Article Wholly Amended on Dec. 21, 2007]

Article 1-2Fundamental concepts for management and control of forests

Forests shall be managed and controlled in order to function most harmoniously and appropriately in such various fields as society, economy, and culture, to ensure a fulfilling life for citizens since forests are valuable assets which constitute a substantial portion of national land.[This Article Added on Mar. 11, 2014]

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Dec. 31, 2008; Jun. 1, 2012; Jan. 14, 2014; Jan. 8, 2019; Feb. 18, 2020; Jun. 9, 2020>1. "Forest" means any of the following; provided, farmland, grassland, residential districts, roads, and land determined by Presidential Decree, and standing timber and bamboo on such land shall be excluded:a. Standing timber and bamboo that grow collectively and the land on which they grow;b. Land that has temporarily lost the standing timber and bamboo that had been growing thereon collectively;c. Land used for collectively growing standing timber and bamboo;d. Roads built to manage and administer forests (hereinafter referred to as "forest roads");e. Rocky formation and marshland (referring to wetlands surrounded by a marsh and pond) within land referred to in items a through c;2. "Forest resources" means any of the following resources useful for the national economy and the people's livelihood:a. Biological resources, such as trees, herbage, mosses, mushrooms, and insects that exist or live in forests;b. Non-biological resources, such as earth, stone, and water in forests;c. Resources for forest recreation and scenery;3. "Forest project" means any project determined by Presidential Decree, which is undertaken on forests to maintain, develop, or restore the functions of forests, such as creation, development, and utilization of forests, prevention of mishaps, recovery or restoration of forests, or any project necessary to create, develop, or manage forests, such as creation, and management of urban forests, living forests, roadside trees, and arboretums;

4. Deleted; <Jun. 9, 2020>5. Deleted; <Jun. 9, 2020>6. Deleted; <Jun. 9, 2020>7. "Forest products" means wood, trees, fallen leaves, earth, stone, etc. that are produced in forests, and others prescribed by Presidential Decree, including trees for landscaping, and bonsai trees;8. "Forest seeds" means seeds of resources, trophosome for propagation, spawns, spores, etc. originating from forests or forest resources defined in subparagraph 2a;

9. Deleted; <Jan. 23, 2024>10. "Forest restoration" means restoring the structure and function of a forest so as to restore the ecosystem and biodiversity of the forest which has been naturally or artificially damaged close to its original state, and to maintain and promote such original state.[This Article Wholly Amended on Dec. 21, 2007]

Article 2-2Responsibilities of the State concerning management and control of forests

(1) The State and local governments shall establish and implement policy measures concerning management and control of forests to realize the fundamental concepts prescribed in Article 1-2.

(2) Forest owners shall manage and control their forests in deference to the fundamental concepts prescribed in Article 1-2, and cooperate with the State and local governments in implementing policy measures concerning management and control of forests.[This Article Added on Mar. 11, 2014]

Article 3Scope of application

Under this Act, all or some of the following provisions shall also apply to lands that are not forests: <Amended on Jun. 9, 2009; Oct. 31, 2017; Feb. 18, 2020>1. Provisions concerning forests for seed collection, plus trees (superior trees), and experimental forests;

2. Provisions concerning the restriction on the use of forest products;

3. Provisions concerning permission for cutting or extracting standing timber; provided, the aforesaid shall be limited to standing timber on the lands determined by Presidential Decree, which is designated and publicly notified by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) as necessary to preserve the national land and protect standing timber.[This Article Wholly Amended on Dec. 21, 2007]

Article 4Classification of forests

Forests shall be classified according to their ownership as follows:

1. National forests: Forests owned by the State;

2. Public forests: Forests owned by local governments or other public organizations;

3. Private forests: Other forests not included in subparagraphs 1 and 2.[This Article Wholly Amended on Dec. 21, 2007]

Article 5Administrative authorities in charge of respective forests

Administrative authorities in charge of respective forests shall be as follows: <Amended on Jun. 1, 2012>1. National forests under the jurisdiction of the Korea Forest Service: The Administrator of the Korea Forest Service or the head of an institution affiliated with the Korea Forest Service;

2. Other national forests, public forests and private forests not included in subparagraph 1: Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors or Special Self-Governing Province Governor, (hereinafter referred to as "Mayors/Do Governors"), or the heads of Sis/Guns/Gus, who have jurisdiction over the area in which forests are located.[This Article Wholly Amended on Dec. 21, 2007]

CHAPTER II CREATION AND DEVELOPMENT OF FOREST RESOURCES

SECTION 1 Sustainable Forest Management

Article 6Sustainable forest management

Owners of forests shall endeavor to manage forests in compliance with the evaluation standards for sustainable forest management and the evaluation index thereof under Article 13 of the Framework Act on Forestry.[This Article Wholly Amended on Dec. 21, 2007]

Article 6-2Formulation and implementation of afforestation plans

(1) The Administrator of the Korea Forest Service shall formulate and implement an afforestation plan every 10 years in consultation with the heads of relevant central administrative agencies.

(2) The afforestation plan shall include the following:

1. Basic goals and direction for the afforestation plan;

2. Matters concerning the performance in, and prospects for, afforestation;

3. Matters concerning afforestation plans for each year;

4. Other matters prescribed by Presidential Decree concerning the afforestation plan.

(3) The Administrator of the Korea Forest Service may modify the afforestation plan if necessary considering the performance in the implementation of the afforestation plan, changes in social, economic, and regional conditions, etc.

(4) In order to use as basic data for formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall conduct a fact-fining survey on afforestation, etc. and shall maintain and manage the current status thereof.

(5) Matters necessary for the formulation, modification, etc. of the afforestation plan under paragraphs (1) and (3) shall be prescribed by Presidential Decree.

(6) The Administrator of the Korea Forest Service shall endeavor to secure financial resources necessary for the implementation of the afforestation plan.

(7) Upon formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall notify the head of a relevant central administrative agency and the Mayor/Do Governor, and submit it to the competent standing committee of the National Assembly.

(8) Upon formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service shall publish it as prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

(9) Where necessary for formulating or modifying the afforestation plan, the Administrator of the Korea Forest Service may request the head of a relevant central administrative agency or Mayor/Do Governor to submit relevant data. In such cases, the head of the relevant central administrative agency or the Mayor/Do Governor in receipt of the request for data shall comply therewith, unless there is good cause.[This Article Added on Jun. 10, 2022]

Article 7Development of forest sustainability index

(1) The State may, as prescribed by Presidential Decree, develop and announce the forest sustainability index which indicates the degree of sustainability of forests, in consideration of ecological, physical, social and economic factors affecting forests.

(2) The State and local governments shall formulate and implement the plans to maintain and improve the forest sustainability index according to the kinds and distinctive features of individual forests and, where deemed that the forest sustainability index falls or is likely to fall noticeably, they shall devise the measures to recover the sustainability of forests.[This Article Wholly Amended on Dec. 21, 2007]

Article 7-2Forest certification

The Administrator of the Korea Forest Service shall formulate and implement policies for a certification system relating to forest management and the production and distribution of forest products in order to promote sustainable forest management and expand the use of forest products produced from sustainably managed forests and processed goods from such forest products.[This Article Added on Oct. 31, 2017]

Article 8Classification and management of forests by function

(1) The Administrator of the Korea Forest Service shall classify nationwide forests according to the following functions, in consultation with the heads of the relevant central administrative agencies, in consideration of the locations, geographical conditions, direction-setting for use, socio-economic conditions, etc. of such forests to promote the effective creation and development of forest resources at the national level, and prepare a drawing (hereinafter referred to as "functional classification map") based upon the functions thereof: <Amended on Mar. 11, 2014; Jan. 31, 2025>1. Development of water sources;

2. Forest disaster prevention;

3. Preservation of the natural environment;

4. Supply of wood;

5. Forest recreation;

6. Preservation of a human habitat.

(2) The Administrator of the Korea Forest Service shall post a draft functional classification map on the website for at least 14 days, and hear from the heads of local governments, forest owners, etc., to classify the functions of forests. <Added on Mar. 11, 2014>(3) The State, local governments, and forest owners shall endeavor to manage and control forests they possess appropriately for the functions classified under paragraph (1). <Added on Mar. 11, 2014>(4) Detailed matters regarding classification and management of forests based on functions thereof, manner in which and how often the functional classification map should be prepared, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 11, 2014>[This Article Wholly Amended on Dec. 21, 2007]

Article 8-2Preparation of forest type map

(1) The Administrator of the Korea Forest Service shall prepare a drawing (hereinafter referred to as "forest type map") comprehensively indicating the status of forests, such as the type, diameter, age, etc. of timber in nationwide forests, for effectively managing and controlling the forests.

(2) The Administrator of the Korea Forest Service may request data necessary for preparing the forest type map from the heads of the relevant central administrative agencies or local governments. Upon receipt of such request, the heads of the relevant central administrative agencies or local governments shall comply therewith except in extenuating circumstances.

(3) The method of, and timing for preparing the forest type map, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs.[This Article Added on Mar. 11, 2014]

Article 9Establishment of infrastructure for forest management

(1) Where deemed necessary to establish the production infrastructure of forests and promote the public utility of forests, the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may install facilities necessary to maintain and protect the functions of forests (hereinafter referred to as "forest management infrastructure"), such as forest roads, facilities for preventing and suppressing forest fires, with the consent of forest owners. <Amended on Jun. 1, 2012>(2) Where the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus intend to establish forest management infrastructure, they shall assess the propriety of establishment of such infrastructure in comprehensively considering the necessity, suitability, environmental friendliness, etc. of the relevant infrastructure, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>(3) If necessary to effectively perform the assessment under paragraph (2), the Administrator of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may organize an assessment committee, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>(4) In establishing forest management infrastructure, the Administrator of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall design the forest management infrastructure in compliance with the standards prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs and install it according to such design. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>(5) The scope of forest management infrastructure, procedures for their establishment, management methods, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>[This Article Wholly Amended on Dec. 21, 2007]

Article 10Reforestation of harvested areas

(1) Any person who has exploited a forest or damaged an afforested area shall reforest the exploited or damaged area; provided, the same shall not apply in cases prescribed by Presidential Decree, such as where a forest can be created naturally.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order of afforestation to any of the following persons, within a prescribed period: <Amended on Oct. 31, 2017; Jan. 31, 2025>1. A person who has exploited a forest or damaged an afforested area, but fails to perform reforestation under paragraph (1);

2. An owner of a forest in which standing timber is blighted due to a forest fire, fungi, harmful insects, etc.;

3. An owner of a forest in which a forest disaster, such as a landslide, or soil runoff has occurred or is likely to occur.

(3) Where a person in receipt of an order of afforestation under paragraph (2) fails to comply with the order, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may implement such afforestation without consent of the forest owner. In such cases, the expenses incurred in relation to such afforestation shall be borne by the person in receipt of the order of afforestation pursuant to paragraph (2). <Amended on Oct. 31, 2017>(4) The period for completing afforestation under paragraph (1), the methods for afforestation, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>[This Article Wholly Amended on Dec. 21, 2007]

Article 11Support for cultivation of forests

The State and local governments may provide a subsidy to help forest owners to cover the costs for tending their forests at an opportune time according to growth stages of trees.[This Article Wholly Amended on Dec. 21, 2007]

Article 12Conversion of idle land into forest

(1) The Administrator of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may provide a subsidy to help the person who intends to convert idle land into a forest to cover all or part of the associated costs where such conversion is deemed reasonable in light of its use, geographical conditions, etc. <Amended on Jun. 1, 2012>(2) The State and local governments may provide seedlings, fertilizers, etc. to persons who wish to plant trees if necessary to motivate citizens for afforestation.

(3) The scope of idle lands, the methods of subsidization under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 21, 2007]

SECTION 2 Forest Management Plans

Article 13Formulation and authorization of forest management plans

(1) The head of a local government shall formulate a forest management plan every 10 years for each public forest owned by the local government and shall manage the public forests according to such plans, as prescribed by Presidential Decree.

(2) The owners of public or private forests (including any persons duly authorized to use such forests or gain profits therefrom; hereinafter the same shall apply), other than the heads of local governments, may formulate a forest management plan, including the management plans for the following 10 years, and submit such plan to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu for authorization, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>(3) Forest management plans referred to in paragraph (2) shall be prepared by the forest owners, or by a forest technician prescribed by Presidential Decree among those provided for in Article 8 of the Act on Promotion and Management of Forestry Technology. In such cases, the forest technician may prepare a forest management plan and receive payment therefor within the limits prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 28, 2017>(4) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a forest management plan submitted for authorization pursuant to paragraph (2) is proper for efficiently creating and managing the relevant forest, he or she shall grant authorization, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such case, a forest management plan for a forest classified as having the function of conserving the natural environment under Article 8(1)3 shall include details suitable for the sustainable conservation of the forest. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>(5) When a forest owner intends to amend any important matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs which are included in the forest management plans authorized under paragraph (4), the forest owner shall obtain authorization for such amendment, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>(6) The State or local governments may provide a subsidy or guidance on the management of forests, or accord preferential treatment, in terms of taxation and interest rates, to forest owners whose forest management plans are authorized.

(7) Standards for formulating forest management plans under paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 21, 2007]

Article 14Implementation of forest management plans

(1) A forest owner who has obtained authorization for his or her forest management plan under Article 13(4) shall implement the forest management plan.

(2) Where a forest, the management plan of which is authorized, does not exceed the scale prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, or otherwise it is deemed necessary to efficiently manage such forest, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may encourage the forest owner to allow a forest-specialized organization, such as a forestry cooperative established under the Forestry Cooperatives Act, to manage the forest on behalf of him or her (hereinafter referred to as "management by proxy"), and give priority to subsidizing expenses incurred in relation to the forest managed by proxy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>(3) A forest owner or a person who manages a forest by proxy pursuant to paragraph (2) shall report in advance to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu on felling standing timber, etc. under Article 36 which can occur in implementing the forest management plan, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the forest owner shall be deemed to have obtained permission for, or deemed to have reported on felling standing timber, etc. under Article 36. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within five days after receipt of the report filed under the former part of paragraph (3). <Added on Oct. 31, 2017>(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (4), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>[This Article Wholly Amended on Dec. 21, 2007]

Article 15Revocation of authorization for forest management plans

Where a person who has obtained authorization for a forest management plan in accordance with Article 13 (4) falls under any of the following circumstances, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke such authorization or suspend the forest project performed pursuant to the forest management plan; provided, the authorization shall be revoked in the case of falling under subparagraph 1: <Amended on Oct. 31, 2017; Jan. 31, 2025>1. Where the person has obtained authorization by fraud or other improper means;

2. Where the relevant forest owner has failed to perform the forest project as set forth in the authorized forest management plan without just cause; provided, the same shall not apply where the forest project is performed by proxy pursuant to Article 23(2);

3. Where the outcome of implementation of the forest project pursuant to the forest management plan has failed to fulfill the standards prescribed by Presidential Decree; provided, the same shall not apply where the forest project is not implemented due to any forest disaster such as forest fires, as prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 21, 2007]

SECTION 3 Growing of Seeds and Seedlings for Forest

Article 16Registration of seeds and seedlings growers

(1) Any person who intends to grow forest seeds and forest seedlings designated and publicly notified by the Administrator of the Korea Forest Service for sale shall be registered with the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon meeting the requirements prescribed by Presidential Decree. The same shall also apply where he or she intends to alter any important matters determined by Presidential Decree among the registered matters. <Amended on Jun. 1, 2012; Mar. 11, 2014; Oct. 31, 2017>(2) Any person registered pursuant to paragraph (1) (hereinafter referred to as "seeds and seedlings grower") shall place a quality mark, such as the origin and standards, on seeds and seedlings for forests he or she has grown before shipping, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>(3) Where a seeds and seedlings grower falls under any of the following circumstances, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the registration of his or her business, or suspend his or her business for a period not exceeding two years; provided, he or she must revoke the registration of the seeds and seedlings grower if the seeds and seedlings grower falls under subparagraph 1 or 2: <Amended on Mar. 11, 2014; Oct. 31, 2017; Jan. 8, 2019>1. Where his or her business is registered by fraud or other improper means;

2. Where he or she has conducted the seeds and seedling growing business during the period of business suspension;

3. Where he or she fails to commence the business within one year from the date of registration, or has suspended his or her business for at least one year consecutively without just cause;

4. Where he or she fails to meet the standards for registration referred to in paragraph (1);

5. Where he or she fails to place a quality mark, in violation of paragraph (2);

6. Where he or she fails to comply with an order to halt shipment or to take measures, such as disinfection or discard, issued under Article 67(3).

(4) A person for whom three years have not passed since his or her registration was revoked under paragraph (3) shall not apply for registration under paragraph (1).

(5) Detailed standards for administrative measures referred to in paragraph (3) shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, depending on the type, severity, etc. of each offense. <Amended on Feb. 29, 2008; Mar. 23, 2013>[This Article Wholly Amended on Dec. 21, 2007]

Article 16-2Imposition of penalty surcharges

(1) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order the suspension of business under Article 16(3), he or she may impose a penalty surcharge not exceeding 50 million won in lieu of suspension of business.

(2) When a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect the penalty surcharge pursuant to the Act on the Collection of Local Administrative Penalty Charges.

(3) The amount of penalty surcharges according to the details, etc. of the offense for which a penalty surcharge is imposed pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.[This Article Added on Dec. 27, 2022]

Article 17Vicarious execution of seeds and seedlings growing business

(1) The State or a local government may have the persons meeting the qualification standards prescribed by Presidential Decree, from among seeds and seedling producers, carry on seeds and seedling growing businesses by proxy.

(2) The State or a local government may compensate the person carrying on a seeds and seedling growing business by proxy under paragraph (1) for any loss incurred due to natural disasters such as drought, flood, etc., under the conditions as prescribed by Presidential Decree. <Amended on Feb. 18, 2020>[This Article Wholly Amended on Dec. 21, 2007]

Article 18Development and registration of forest seeds

(1) A person who has bred new forest seeds shall apply for plant variety protection with the Administrator of the Korea Forest Service for examination of the relevant plant variety, and register the establishment of his or her plant variety right (hereinafter referred to as "registration of plant variety"); provided, any plant variety bred by a public official in the course of performing his or her duties shall be registered in the name of the head of the agency with which the public official is affiliated. <Amended on Feb. 29, 2008; Jun. 1, 2012>(2) Upon receiving an application for plant variety protection under paragraph (1), the Administrator of the Korea Forest Service shall publish such application for plant variety protection for at least 30 days, and shall publicly announce the registration of plant variety once such plant variety is registered. <Amended on Jun. 1, 2012>(3) Deleted. <Jun. 1, 2012>(4) Deleted. <Jun. 1, 2012>(5) Deleted. <Jun. 1, 2012>(6) Procedures for filing an application for plant variety protection, and plant variety registration, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>[This Article Wholly Amended on Dec. 21, 2007]

Article 19Designation and management of forests for seed collection

(1) The Administrator of the Korea Forest Service, or a Mayor/Do Governor may designate forests or trees appropriate for collecting superior seeds for afforestation from among the national or public forests under his or her jurisdiction, as forests for seed collection or plus trees (hereinafter referred to as "forests for seed collection, etc.") for protection and management; and create arboretums for seed collection or for collecting genes necessary for vegetative reproduction, such as felling and grafting, to supply seeds necessary for creating forest resources.

(2) A Mayor/Do Governor may designate private forests or trees appropriate for collecting superior seeds for afforestation as forests for seed collection, etc. for protection and management upon the application of the owners thereof.

(3) The Administrator of the Korea Forest Service, or a Mayor/Do Governor may wholly or partially rescind designation of a forest for seed collection, etc. in any of the following circumstances:

1. Where the objective of designation has been achieved and it is deemed unnecessary to maintain it as a forest for seed collection, etc.;

2. Where the objective of designation is deemed to be unachievable due to any damage caused by a natural disaster, etc.;

3. Where the rescission of designation is deemed inevitable to use it as a site for an educational facility, industrial facility, military facility, or other official or public facilities determined by Presidential Decree.

(4) Upon designating or rescinding designation of a forest for seed collection, etc. pursuant to paragraphs (1) through (3), the Administrator of the Korea Forest Service, or a Mayor/Do Governor shall publicly notify such designation or rescission and inform the forest owner thereof.

(5) The following activities are prohibited within forests for seed collection, etc.; provided, felling timber for forest tending, and extracting and gathering forest products may be done after reporting thereon to the Administrator of the Korea Forest Service, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu to the extent not contrary to the objectives of designation of the forests for seed collection, etc., as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020>1. Felling standing timber and bamboo;

2. Extracting and gathering forest products;

3. Grazing livestock;

4. Other activities that alter the form and quality of land.

(6) The Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of acceptance or rejection of a report within seven days after receipt of the report filed under the proviso of paragraph (5). <Added on Oct. 31, 2017>(7) Where the Administrator of the Korea Forest Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the relevant reporter of acceptance or rejection of a report or of an extension of the processing period permitted under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (6), the report shall be deemed accepted on the day following the expiry date of such period (or the relevant processing period, if it has been extended or re-extended pursuant to statutes or regulations relating to the processing of civil petitions). <Added on Oct. 31, 2017>(8) The designation and management of forests for seed collection, etc., and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>[This Article Wholly Amended on Dec. 21, 2007]

SECTION 4 Deleted

Article 19-2

Deleted. <Jun. 9, 2020>

Article 20

Deleted. <Jun. 9, 2020>

Article 20-2

Deleted. <Jun. 9, 2020>

Article 21

Deleted. <Jun. 9, 2020>

SECTION 5 Implementation of Forest Projects

Article 22Implementation of forest projects

(1) Forest projects shall be implemented by forest owners, but they may be implemented by the State or a local government with the consent of the forest owners if it is deemed necessary for the forest management; provided, if it is deemed necessary to urgently implement forestry projects, such as the removal of damaged standing trees due to the high risk of safety accidents, such as landslides caused by forest fires, and the State or a local government contacted the forest owner with personal information under paragraph (2) but could not obtain the consent of a forest owner due to the circumstances such as the unknown address of the forest owner or the return of mail, etc., the consent of the forest owner may be substituted by giving a public announcement on the details of forestry projects, such as a plan for felling damaged trees, etc. for at least 30 days on the bulletin board and the website of the Special Self-Governing City, a Special Self-Governing Province, or Si/Gun/Gu. <Amended on Mar. 11, 2014; Jun. 20, 2023>(2) The State or local governments may use the personal information of forest owners falling under any of the following subparagraphs, which is collected and held for the purpose of taxation, etc., if it is inevitable to obtain the consent of forest owners under paragraph (1). In such cases, the State or local governments may use administrative information data matching pursuant to Article 36(1) of the Electronic Government Act: <Added on Mar. 11, 2014, Jun. 20, 2023>1. Name (in cases of a corporation, referring to the trade name, title, or the name of the representative; hereinafter the same shall apply);

2. Address (including place of domicile);

3. Phone numbers (including mobile phone numbers);

4. A resident registration number (referring to the registration number granted pursuant to Article 49 of the Registration of Real Estate Act in the case of a foreigner, corporation, or unincorporated association or foundation; hereinafter the same shall apply); provided, the foregoing shall not be used if it is possible to obtain the consent of the forest owners using personal information specified in subparagraphs 1 through 3.

(3) Upon receipt of a request necessary for using personal information under paragraph (2), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances. <Added on Oct. 31, 2017; Feb. 18, 2020>(4) Where the State or a local government intends to implement forestry projects to prevent secondary damage caused by forest fires, landslides, etc. and is unable to obtain the consent of the forest owners by using the personal information referred to in each subparagraph of paragraph (2), it may request the telephone number of the relevant forest owner (including mobile phone numbers) to the facilities-based telecommunications business operator referred to in Article 6 of the Telecommunications Business Act (hereafter referred to as "facilities-based telecommunications business operator" in this Article) as prescribed by Presidential Decree. In such cases, a facilities-based telecommunications business operator who has been requested to provide information shall comply therewith, except in extenuating circumstances. <Added on Jun. 20, 2023>[This Article Wholly Amended on Dec. 21, 2007]

Article 23Implementation of forest projects by agents

(1) The State or local governments may require a forestry cooperative or the National Forestry Cooperative Federation to perform the following forest projects as an agent or entrust it with such projects: <Amended on Jan. 25, 2010; Nov. 28, 2017>1. A project to prevent and control, or restore from a mishap, such as forest fungi or harmful insects, landslide, and forest fire;

2. A project that requires design or supervision prescribed in Article 15(3) of the Act on Promotion and Management of Forestry Technology to create, cultivate, and manage forest resources;

3. Other projects prescribed by Presidential Decree, necessary to implement forest policies of the State or local governments.

(2) When a person who has obtained authorization for his or her forest management plan under Article 13(4) fails to implement the forest project as authorized, without just cause, the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may require any of the following persons to implement the forest project as an agent, with consent from the relevant forest owner; provided, where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects by an agent, the agent, and other information on the bulletin board and website of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days, in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>1. A forestry cooperative or the National Forestry Cooperative Federation;

2. Any person who meets the standards prescribed by Presidential Decree and is deemed capable of managing forests, such as a successor to forestry or a model manager of forests (an exemplary forest manager) under Article 17 of the Forestry and Mountain Villages Development Promotion Act.

(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may directly implement necessary forest projects or require any of the persons referred to in paragraph (2) to implement such forest projects as an agent with consent from the owner of a forest, the management plan of which is not authorized under Article 13(4), or which significantly lacks public utility, in terms of purifying air or developing water sources, etc. because such owner has been negligent in implementing necessary forest projects, and which requires a forest project for sustainably conserving and utilizing the forest; provided, where it is impracticable to obtain consent from the relevant forest owner as his or her address is unknown or mail is returned, in implementing the forest-tending project (mowing, seedlings, pruning, etc.), he or she may provide public announcement of grounds for implementing such projects as an agent, the agent, and other information on the bulletin board and web-site of the competent Special Self-Governing City, the competent Special Self-Governing Province, or the competent Si/Gun/autonomous Gu for at least 30 days in lieu of obtaining consent: <Amended on Mar. 11, 2014; Oct. 31, 2017>(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may implement a forest project without consent from the relevant forest owner when he or she has no enough time to obtain consent from the relevant forest owner for any of the following reasons. In such case, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant forest owner of such fact, without delay: <Amended on Jun. 1, 2012; Oct. 31, 2017; Feb. 18, 2020; Jun. 20, 2023>1. Where the forest project is urgently required for disease and pest control, etc.;

2. Where preventable damage is anticipated due to natural phenomena, such as landslide, wind, rain, snow, etc. or urgent recovery is to be performed as damage has occurred;

3. Where it is necessary to extinguish forest fires and prevent the spread of forest fires, or where it is urgently necessary to conduct forestry projects because secondary damage, such as landslides is likely to occur in the areas damaged by forest fires;

4. In other cases where there is an urgent need to protect forests, as determined by Presidential Decree.

(5) Expenses for forestry projects under paragraphs (2) and (3) shall be borne by forest owners, and expenses for forestry projects under paragraph (4) shall be borne by the State or local governments.

(6) Procedures for implementing forest projects directly or as agent under paragraphs (2) through (4), and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>[This Article Wholly Amended on Dec. 21, 2007]

Article 23-2Operation of national forest management associations

(1) To efficiently promote projects for national forests, the Administrator of the Korea Forest Service may allow forestry technicians referred to in Article 18 of the Forestry and Mountain Villages Development Promotion Act to organize a national forest management association and perform any of the following projects: <Amended on Mar. 11, 2014; Jan. 8, 2019>1. A forestation project;

2. A forest-tending project;

3. A project to prevent forest diseases and pests;

4. A project to produce seedling for forests;

5. A project to cut, uproot, or transplant standing trees.

(2) The Administrator of the Korea Forest Service may require a national forest management association to perform the projects referred to in paragraph (1)1, 2 and 5 as an agent, or may entrust it with such projects.

(3) A person who intends to organize a national forest management association shall meet the requirements for registration prescribed by Presidential Decree, such as requirements for human sources, and file an application for registration with the Administrator of the Korea Forest Service. The same shall also apply to modifications to the registered matters.

(4) Where a person who applies for registration pursuant to paragraph (3) meets the requirements for registration, the Administrator of the Korea Forest Service shall register him or her as a national forest management association, and issue a certificate of registration to the person, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. In such case, the national forest management association shall not lend its certificate of registration to any third person. <Amended on Mar. 23, 2013>(5) Where a national forest management association falls under any of the following cases, the Administrator of the Korea Forest Service may order such association to suspend its business operation within a specified period not exceeding six months, or revoke the registration thereof; provided, where it falls under subparagraphs 1 through 3, he or she shall revoke registration:

1. Where it completes registration, or registration of modification by fraud or other improper means;

2. Where it implements forest projects during the period of business suspension or is issued with an order of business suspension on at least three occasions;

3. Where it lends its certificate to a third person, in violation of the latter part of paragraph (4);

4. Where it disorganizes the national forest management association;

5. Where it fails to meet any of the requirements for registration referred to in the former part of paragraph (3).

(6) Any person for whom three years have not passed since his or her registration was revoked on any of the grounds provided for in paragraph (5)1 through 3 shall be ineligible for registration pursuant to paragraph (3). <Amended on Feb. 18, 2020>(7) The organization, registration, registration of modification, revocation of registration, and suspension of business of national forest management associations, and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>[This Article Added on Jun. 1, 2012]

Article 23-3Support and fostering of national forest management associations

The Administrator of the Korea Forest Service shall formulate and implement a policy for the sound fostering of national forest management associations pursuant to Article 23-2, and may partially subsidize the operation thereof, within budgetary limits.[This Article Added on Jun. 1, 2012]

Article 23-4Management of forest projects by proxy

(1) In order to efficiently implement forestry projects in public forests or private forests, which are prescribed by prescribed by Presidential Decree, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate an agency or organization prescribed by Presidential Decree, such as a forestry cooperative, to have it conduct management affairs by proxy such as obtaining consents and having consultations with forest owners for the implementation of forestry projects (hereinafter referred to as "proxy management").

(2) Where a person who conducts the management affairs of forestry projects by proxy pursuant to paragraph (1) (hereinafter referred to as "management agent") falls in any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation thereof or issue an order to fully or partially suspend the management affairs performed by proxy for a specified period not exceeding 6 months; provided, in cases of subparagraph 1, he or she shall revoke the designation thereof:

1. Where he or she has been designated as a management agent by fraud or other improper means;

2. Where he or she fails to comply with the guidance and supervision of the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under paragraph (3);

3. Where he or she fails to submit a report or materials or falsely submits them, or interferes with or refuses an investigation or inspection under Article 67(1);

4. Where he or she makes a request falsely or by other unlawful means, by significantly increasing the expenses necessary for performing the management affairs by proxy (hereafter referred to as "fees" in this Article);

5. Cases equivalent to those referred to in subparagraphs 2 through 4, which are prescribed by Presidential Decree.

(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall guide and supervise the management agent.

(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu commissions him or her to perform management affairs by proxy pursuant to paragraph (1), he or she shall pay fees prescribed by the municipal ordinance of the relevant local government to the management agent within the scope prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.

(5) Matters necessary for the criteria for qualification of management agents under paragraph (1), procedures for designation, scope of duties, payment of fees under paragraph (4) and others shall be prescribed by Decree of the Ministry of the Agriculture, Food and Rural Affairs.[This Article Added on Dec. 27, 2022]

Article 24Registration of forest project corporations

(1) A person who intends to implement a forest project shall file an application for registration with the competent Mayor/Do Governor by each type of forest project prescribed by Presidential Decree, upon meeting all of the following requirements. Where he or she modifies important matters prescribed by Presidential Decree, from among the registered matters, he or she shall file an application to register such modification within the period prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs: <Amended on Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 11, 2014; Jan. 8, 2019>1. A corporation incorporated under the Civil Act, a cooperative, or the federation of cooperatives defined in Article 2 of the Framework Act on Cooperatives;

2. Requirements prescribed by Presidential Decree, such as technological capability and capital.

(2) When an applicant for registration under paragraph (1) fully meets the requirements for registration, the competent Mayor/Do Governor shall register him or her as a corporation entitled to implement forest projects (hereinafter referred to as "forest project corporation"), and issue him or her a certificate of registration, as prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 29, 2011; Mar. 23, 2013>(3) Upon having registered a forest project cooperation pursuant to paragraph (2), the competent Mayor/Do Governor shall publicly notify such registration. <Amended on Mar. 29, 2011>(4) No forest project corporation shall lend its certificate of registration to any third person.

(5) Procedures for registering forest project corporations or any modification thereto, and other necessary matters, shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013>(6) The Administrator of the Korea Forest Service may formulate and implement policies necessary to foster forest project corporations registered pursuant to paragraph (2). <Added on Mar. 29, 2011>(7) Notwithstanding paragraph (1), the following entities may implement forest projects without being registered as a forest project corporation: <Added on Mar. 11, 2014; Jan. 8, 2019>1. The State or local governments;

2. Forest owners;

3. Forestry cooperatives or the National Forestry Cooperatives Federation;

4. National forest management associations established pursuant to Article 23-2;

5. A person prescribed by Presidential Decree among timber producers registered under Article 24 of the Act on the Sustainable Use of Timbers (limited to felling standing timber to produce timber, excluding felling standing timber for forest-tending and preventing forest diseases and pests);

6. A person who has a tree hospital registered under Article 21-9 of the Forest Protection Act (limited to where a project for preventing forest diseases and pests is conducted for trees).[This Article Wholly Amended on Dec. 21, 2007]

Article 24-2Principles of contracts for forest projects

(1) Each party to a contract for a forest project shall conclude a fair contract on equal terms by agreement and shall faithfully perform the contract in good faith.

(2) Each party to a contract for a forest project shall, when concluding the contract, indicate a contract amount, period of the project, and other matters prescribed by Presidential Decree in a written contract and shall give the written contract that he or she signed and sealed to the other party for keeping.[This Article Added on May 26, 2020]

Article 25Revocation of registration of forest project corporations

(1) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may order the forest project corporation to make a correction within a prescribed period: <Amended on Jan. 25, 2010; Mar. 29, 2011; Jun. 1, 2012; Mar. 23, 2013; Feb. 18, 2020>1. Where it fails to commence any ordered forest project without good cause pursuant to the schedule of project progress;

2. Where there is concern over the improper implementation of construction works due to its failure to implement the relevant forest project conscientiously, based on the result of confirmation by the ordering organization;2-2. Where it fails to file an application for registration of any modification to important matters pursuant to the latter part, with the exception of the subparagraphs, of Article 24(1) within the period prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs;

3. Where it fails to file a report, submit materials, or refuses an investigation or inspection, in violation of Article 67(1).

(2) If a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor may suspend its business operation for a period not exceeding six months, or impose a penalty surcharge not exceeding 50 million won, in lieu of suspension of business: <Amended on Mar. 29, 2011>1. Where it fails to satisfy any of the requirements for registration under Article 24(1);

2. Where it fails to comply with a corrective order issued under paragraph (1).

(3) Where a forest project corporation falls under any of the following cases, the relevant Mayor/Do Governor shall revoke its registration and publicly notify the fact; provided, in the case of subparagraphs, when a forest project for which procedures for disposition is pending on any of the grounds prescribed in subparagraphs 1 through 3 discontinues its business before the procedures for disposition are completed, he or she shall not revoke its registration until such procedures for disposition are completed: <Amended on Mar. 29, 2011; Jun. 1, 2012>1. Where it is registered by fraud or other improper means;

2. Where it lends its certificate of registration to any third person, in violation of Article 24(4);

3. Where it implements a forest project during a period of business suspension, or is subject to business suspension on at least three occasions;

4. Where it discontinues its business.

(4) Any corporation for which three years have yet to elapse after its registration is revoked on any ground prescribed in paragraph (3)1 through 3 shall be ineligible for registration pursuant to Article 24(1).

(5) Where a person on whom a penalty surcharge is imposed under paragraph (2) fails to pay it by the payment due date, the relevant Mayor/Do Governor shall collect it in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Added on Feb. 18, 2020; Mar. 24, 2020>(6) Detailed standards for administrative measures referred to in paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offenses. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>[This Article Wholly Amended on Dec. 21, 2007]

Article 26Execution of forest projects after receiving disposition of business suspension

(1) A forest project corporation may, even after receiving a disposition of business suspension or registration revocation pursuant to Article 25(2) and (3), continue to implement a forest project contracted before such disposition is taken.

(2) Where the Mayor/Do Governor issues a disposition of business suspension or registration revocation pursuant to Article 25(2) and (3), he or she shall post the details thereof on its Internet website, etc. and notify a person who placed the order for the forest project, without delay, of such details. <Amended on Jan. 25, 2010; Mar. 29, 2011>(3) The person who placed the order for the forest project may rescind the contract only within 30 days from the day on which he or she receives notification under paragraph (2) from the forest project corporation or from the day on which he or she becomes aware of the disposition of business suspension or registration revocation against the corporation.

(4) Where a forest project corporation whose registration is revoked continues to implement a forest project pursuant to paragraph (1), it shall be deemed a forest project corporation until the forest project is completed.[This Article Wholly Amended on Dec. 21, 2007]

Article 27

Deleted. <Nov. 28, 2017>

Article 28Designation of special forest project zones

(1) A forest owner who intends to perform a long-term project for developing and cultivating a forest on a large scale (hereinafter referred to as "special forest project operator") may prepare a plan to manage a special forest project zone (hereinafter referred to as "special forest project plan"), and file an application with the Administrator of the Korea Forest Service or the competent Mayor/Do Governor, for designation of the relevant area as a special forest project zone. <Amended on Jun. 1, 2012>(2) Where the following applies to the forest for which an application is filed pursuant to paragraph (1), and the details of the special forest project plan are deemed proper, the Administrator of the Korea Forest Service or the competent Mayor/Do Governor may designate the relevant area as a special forest project zone following consultation with the Minister of Climate, Energy and Environment: <Amended on Jun. 1, 2012; Oct. 1, 2025>1. The area of the forest shall be at least the scale determined by Presidential Decree;

2. The area of the land planned for the forest project, and the land available for forest management shall meet the standards determined by Presidential Decree.

(3) When the Administrator of the Korea Forest Service or a Mayor/Do Governor designates an area as a special forest project zone pursuant to paragraph (2), he or she shall publicly notify the location of the relevant forest, the name of the forest owner, and other matters prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs and inform the relevant forest owner thereof. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>(4) If a special forest project operator deems it necessary to promote efficiency in managing the relevant special forest project zone, he or she may operate his or her forest project simultaneously with any of the following: <Amended on Jan. 8, 2019>1. Projects to create a nature recreational forest or an arboretum;

2. Youth training projects;

3. Projects for testing, research, development, and dissemination of forestry technology;

4. Projects to develop a foundation for settling residents in farming and mountain village, or to create sources of their income from forests;

5. Projects to cultivate landscape trees and bonsai trees;

6. Projects to develop and manage woodland burial grounds defined in subparagraph 14 of Article 2 of the Act on Funeral Services.

(5) A forest management plan authorized under Article 13(4), or a State forest management plan formulated under Article 8 of the State Forest Administration and Management Act regarding any forest designated as a special forest project zone shall become invalid on the date the special forest project zone is designated.

(6) When a special forest project operator intends to amend any content of his or her special forest project plan, he or she shall obtain approval therefor from the Administrator of the Korea Forest Service or the competent Mayor/Do Governor. <Amended on Jun. 1, 2012>(7) When a special forest project operator conducts a forest project pursuant to the special forest project plan within a special forest project zone designated under paragraph (2), he or she shall be deemed to have obtained permission for, or to have reported, on felling of standing timber, etc. under Article 36.

(8) Where a special forest project operator intends to conduct a forest project pursuant to the special forest project plan, the Administrator of the Korea Forest Service or a Mayor/Do Governor may provide a loan or subsidy to cover all or part of the project expenses. <Amended on Jun. 1, 2012>(9) Standards for preparing special forest project plans, and other necessary matters, shall be prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 21, 2007]

Article 29Rescission of designation of special forest project zones

(1) The Administrator of the Korea Forest Service or Mayor/Do Governor may wholly or partially rescind designation of a special forest project zone if it falls under any one of the following cases; provided, in cases falling under subparagraph 1, the designation shall be rescinded: <Amended on Jun. 1, 2012>1. Where the special forest project operator has obtained the designation of the special forest project zone by fraud or other improper means;

2. Where the objective of designation of the special forest project zone has been achieved, or it has become unachievable due to any natural disaster, etc.;

3. Where the rescission of the designation is deemed inevitable to use it as a site for industrial facilities, military facilities or any other official or public facilities determined by Presidential Decree;

4. Where the special forest project operator has failed to implement the forest project as specified in the special forest project plan without good cause.

(2) When the designation of the special forest project zone is rescinded pursuant to paragraph (1), such fact shall be publicly notified and informed to the relevant forest owner.[This Article Wholly Amended on Dec. 21, 2007]