Creation and Management of Forest Resources Act

CREATION AND MANAGEMENT OF FOREST RESOURCES ACT Act No. 7678, Aug. 4, 2005 Amended by Act No. 8283, Jan. 26, 2007 Act No. 8346, Apr. 11, 2007 Act No. 8753, Dec. 21, 2007 Act No. 8852, Feb. 29, 2008 Act No. 9313, Dec. 31, 2008 Act No. 9716, May 27, 2009 Act No. 9763, jun. 9, 2009 Act No. 9961, Jan. 25, 2010 Act No. 10250, Apr. 12, 2010 Act No. 10331, May 31, 2010 Act No. 10481, Mar. 29, 2011 Act No. 11429, May 23, 2012 Act No. 11456, jun. 1, 2012 Act No. 11690, Mar. 23, 2013 Act No. 12248, Jan. 14, 2014 Act No. 12412, Mar. 11, 2014 Act No. 12415, Mar. 11, 2014 Article 1 (Purpose) 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 diversified functions of forests and promoting the sustainable preservation and utilization of forests through the development and management of forest resources. Article 1-2 (Basic Ideology for Management and Control of Forests) Forests shall be managed and controlled in order to function most harmoniously and appropriately in various fields, such 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. Article 2 (Definitions) The terms used in this Act shall be defined as follows: <Amended by Act No. 9313, Dec. 31, 2008; Act No. 11456, Jun. 1, 2012; Act No. 12248, Jan. 14, 2014> 1. The term "forest" means any of the following: Provided, That farmlands, grasslands, residential districts, roads, and lands determined by Presidential Decree, and standing timber and bamboo on such lands shall be excluded: (a) Standing timber and bamboo that grow collectively and the land on which they grows; (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 marshlands (referred to wetlands surrounded by a marsh and pond) within the lands referred to in items (a) through (c); 2. The term "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, and mushrooms 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. The term "forest project" means any project determined by Presidential Decree, which is undertaken on forest lands to maintain, develop, or restore the functions of forests, such as creation, development, and utilization of forests, prevention of mishaps, 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. The term "urban forest" means any forest and trees created and managed in any city, other than Myeon areas and park areas defined in Article 2 of the Natural Parks Act, for recreational, emotional development, and activity-based programs, etc. for citizens; 5. The term "living forest" means any forest and trees prescribed by Presidential Decree, such as village forests, which are created and managed in the neighborhood of residential areas, and in and around schools referred to in Article 2 of the Elementary and Secondary Education Act to provide the people with a pleasant human habitat, beautiful scenery and nature-studying opportunities; 6. The term "roadside trees" means trees planted in or around the road zones determined by Presidential Decree, such as roads (excluding national expressways) referred to in Article 10 of the Road Act, pedestrian passages, and bikeways; 7. The term "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. The term "forest seeds" means seeds of resources, trophosome for propagation, spawns, spores, etc. originating from forests or forest resources defined in subparagraph 2 (a); 9. The term "forest biomass energy" means energy produced from forest products, or materials mixed with forest products. Article 2-2 (Obligations, etc. of State, etc. 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 basic ideology prescribed under Article 1-2. (2) Forest owners shall manage and control their forests in deference to the basic ideology prescribed under Article 1-2, and cooperate with the State and local governments in implementing policy measures concerning management and control of forests. Article 3 (Scope of Application) The following provisions in this Act shall also apply wholly or partially with regard to lands that are not forests: <Amended by Act No. 9763, Jun. 9, 2009> 1. Provisions concerning forests for seed collection, plus trees, and experimental forests; 2. Provisions concerning the restriction on the use of forest products; 3. Provisions concerning permission for the cutting or extraction of standing timber: Provided, That this shall be limited to standing timber on the lands determined by Presidential Decree, which is designated and announced by the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) as necessary to preserve the national land and protect standing timber. Article 4 (Classification of Forests) Forests shall be classified according to their owners 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. Article 5 (Administrative Agencies in Charge of Respective Forests) Administrative agencies in charge of respective forests shall be as follows: <Amended by Act No. 11456, Jun. 1, 2012> 1. National forests under 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. Article 6 (Sustainable 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 pursuant to Article 13 of the Framework Act on Forestry. Article 7 (Development, etc. 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 peculiarity of forests and, where deemed that the forest sustainability index falls or is likely to fall noticeably, devise the measures to recover the sustainability of forests. Article 8 (Classification and Management of Forests by Function) (1) The Minister 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 by Act No. 12415, Mar. 11, 2014> 1. Development of water sources; 2. Prevention of forest mishaps; 3. Preservation of the natural environment; 4. Supply of wood; 5. Forest recreation; 6. Preservation of a human habitat. (2) The Minister of the Korea Forest Service shall post a draft functional classification map on the website for at least 14 days, and listen to opinions of the heads of local governments, forest owners, etc., to classify the functions of forests. <Newly Inserted by Act No. 12415, 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). <Newly Inserted by Act No. 12415, 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 Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014> Article 8-2 (Preparation of Forest Type Map) (1) The Minister 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 Minister 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. In such cases, the heads of the relevant central administrative agencies or local governments in receipt of such request 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 Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. Article 9 (Establishment, etc. of Infrastructure for Forest Management) (1) Where deemed necessary to establish the production infrastructure of forests and promote the public utility of forests, the Minister 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 consent of forest owners. <Amended by Act No. 11456, Jun. 1, 2012> (2) Where the Minister 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 Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> (3) If necessary to effectively perform the assessment under paragraph (2), the Minister of the Korea Forest Service, Mayors/Do Governors, or the heads of Sis/Guns/Gus may organize an assessment committee, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> (4) In establishing forest management infrastructure, the Minister of the Korea Forest Service, Mayors/Do Governors or the heads of Sis/Guns/Gus shall design the forest management infrastructure in compliance with standards prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs and install it according to such design. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> (5) The scope, procedures for establishment, and methods for management of forest management infrastructures, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 10 (Reforestation of Deforested Areas, etc.) (1) Any person who has exploited a forest or damaged an afforested area shall reforest the exploited or damaged area: Provided, That the same shall not apply to where the natural creation of a forest is deemed possible, as prescribed by Presidential Decree. (2) The head of a Si/Gun/Gu may issue an order of afforestation to any of the following persons, within a prescribed period: 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, or harmful insects, etc.; 3. An owner of a forest in which a forest mishap, such as a landslide, or soil runoff has occurred or is likely to occur. (3) Where a person in receipt an order of afforestation under paragraph (2) fails to comply with such an order, 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 the order of afforestation pursuant to paragraph (2). (4) The period for completing afforestation under paragraph (1), the methods of afforestation, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 11 (Support for Cultivation of Forests) The State and local governments may subsidize expenses necessary for owners of forrest to cultivate their forests at an opportune time according to growth stages of trees. Article 12 (Conversion of Idle Land into Forest) (1) The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may fully or partially subsidize costs required for converting idle land into a forest to the person who intends to convert such idle land into a forest when such conversion is deemed reasonable in light of the use, geographical conditions, etc. of the idle land. <Amended by Act No. 11456, Jun. 1, 2012> (2) The State and local governments may provide seedlings, fertilizers, etc. to persons who wish to plant trees if necessary to inspire the motivation of afforestation in citizens. (3) The scope of idle lands, the methods of subsidizing costs under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. Article 13 (Establishment and Authorization of Forest Management Plans) (1) The head of a local government shall establish a ten-yearly forest management plan for public forests under his/her jurisdiction, and manage the public forests according to such plan, 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 establish a forest management plan, including ten-yearly management plans, and submit such plan to the head of the competent Si/Gun/Gu for authorization, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (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 referred to in Article 30. In such cases, the forest technician may establish a forest management plan and receive payment therefor within the amount prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (4) When the heads of Sis/Guns/Gus deem that the forest management plans submitted for authorization pursuant to paragraph (2) are proper for efficiently creating and managing the relevant forests, they shall grant authorization, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (5) When a forest owner intends to alter any important matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs which are included in the forest management plans authorized under paragraph (4), he/she shall obtain authorization for such alteration, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (6) The State or local governments may grant a subsidy, provide 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 establishment of forest management plans under paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree. Article 14 (Implementation of Forest Management Plans) (1) A forest owner who has obtained authorization for his/her forest management plan under Article 13 (4) shall implement the forest management plan. (2) When a forest, the management plan of which is authorized does not exceed the scale prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, or otherwise it is deemed necessary to efficiently manage such forest, the head of the relevant Si/Gun/Gu may encourage the forest owner to allow a forest-specialized organization, such as a forestry cooperatives established under the Forestry Cooperatives Act, to manage the forest on behalf of him/her (hereinafter referred to as "management by proxy"), and give priority to subsidizing expenses incurred in relation to the forest managed by proxy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (3) A forest owner or a person who manages a forest by proxy pursuant to paragraph (2) shall report in advance to the head of the relevant Si/Gun/Gu on felling standing timber, etc. under Article 36 which can occur in implementing the forest management plan, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, permission for, or reporting on felling can occur in implementing standing timber, etc. under Article 36 shall be deemed granted or filed. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 15 (Revocation, etc. of Authorization for Forest Management Plans) Where the person who has obtained authorization for forest management plan in accordance with Article 13 (4) falls under any of the following subparagraphs, the head of Si/Gun/Gu concerned may revoke such authorization or suspend the forest project undertaken pursuant to the forest management plan: Provided, That in the case of falling under subparagraph 1, the authorization shall be revoked: 1. Where the authorization is obtained in any false or other unjust manner; 2. Where the owner of forrest has failed to perform the forest project as set forth in the authorized forest management plan without any justifiable reason: Provided, That the same shall not apply to the cases where the forest project is executed 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, That the same shall not apply to the cases where the forest project is not implemented due to any forest disaster such as forest fires, as prescribed by Presidential Decree. Article 16 (Registration of Seeds and Seedlings Growers) (1) Any person who intends to grow forest seeds and forest seedlings designated and publicly announced by the Minister of the Korea Forest Service to sell them shall register his/her business with the head of the relevant Si/Gun/Gu, upon meeting the standards prescribed by Presidential Decree. The same shall also apply where he/she intends to alter any important matters determined by Presidential Decree among the registered matters. <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> (2) Any person whose business is registered pursuant to paragraph (1) (hereinafter referred to as "seed and seedling grower") shall indicate the quality, such as the origin and standards on seeds and seedlings for forests he/she has grown before shipping, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (3) Where a seeds and seedling grower falls under any of the following circumstances, the head of the relevant Si/Gun/Gu may revoke the registration of his/her business, or suspend his/her business for a period not exceeding two years: Provided, That he/she must revoke the registration of the seeds and seedling growers if he/she falls under subparagraph 1 or 2: <Amended by Act No. 12415, Mar. 11, 2014> 1. Where he/she has obtained registration by fraudulent or other illegal means; 2. Where he/she has conducted the seeds and seedling growing business during the period of business suspension; 3. Where he/she fails to commence the business within one year from the date of registration, or has suspended his/her business for at least one year without any just ground; 4. Where he/she fails to meet the standards for registration under paragraph (1) are not met; 5. Where he/she fails to indicate quality, in violation of paragraph (2); 6. Where he/she fails to comply with an order to halt shipment or to take measures, such as disinfection or discard under Article 67 (2). (4) A person for whom three years have yet to elapse after his/her registration is revoked under paragraph (3) shall be prohibited from filing for registration under paragraph (1). (5) Detailed standards for administrative measures referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offenses. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 17 (Vicarious Execution, etc. 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 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. Article 18 (Development and Registration of Forest Seeds) (1) A person who has bred new forest seeds shall apply for plant variety protection with the Minister of the Korea Forest Service for examination of the relevant plant variety, and register the establishment of his/her plant variety right (hereinafter referred to as "registration of plant variety"): Provided, That any plant variety bred by a public official in the course of performing his/her duties shall be registered in the name of the head of the agency with which the public official is affiliated. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012> (2) Upon receiving an application for plant variety protection under paragraph (1), the Minister 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. <Wholly Amended by Act No. 11456, Jun. 1, 2012> (3) through (5) Deleted. <by Act No. 11456, Jun. 1, 2012> (6) Procedures for filing applications for plant variety protection, and plant variety registration, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> Article 19 (Designation, Management, etc. of Forests for Seed Collection, etc.) (1) The Minister of the Korea Forest Service, or a Mayor/Do Governor may designate, protect, and manage forests or trees available for the collection of superior seeds for afforestation among the national or public forests under his/her jurisdiction, as forests for seed collection or plus trees (hereinafter referred to as "forests for seed collection, etc."), and create arboretums for seed collection or for the collection of genes necessary for vegetative reproduction, such as felling and grafting, in order to supply seeds necessary for the creation of forest resources. (2) A Mayor/Do Governor may designate, protect, and manage private forests or trees available for the collection of superior seeds for afforestation as forests for seed collection, etc., upon a request of the owners thereof. (3) The Minister 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 deemed that the objective of designation has been achieved and it is unnecessary to maintain it as a forest for seed collection, etc.; 2. Where deemed that the objective of designation has become unachievable due to any damage caused by a natural mishaps, etc.; 3. Where the rescission of designation is deemed inevitable to use it as a site for educational facilities, industrial facilities, military facilities, or other official or public facilities determined by Presidential Decree. (4) Where the Minister of the Korea Forest Service, or a Mayor/Do Governor has designated forests for seed collection, etc. or rescinded such designation pursuant to paragraphs (1) through (3), he/she shall publicly announce such fact and notify the forest owners thereof. (5) The following is prohibited within forests for seed collection, etc.: Provided, That felling timber to establish forests, and extracting and gathering forest products may be done after reporting thereon to the Minister of the Korea Forest Service or the heads of Sis/Guns/Gus to the extent not contrary to the objectives of designation of the forests for seed collection, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> 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 designation and management of forests for seed collection, etc., and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 19-2 (Establishment, Implementation, etc. of Master Plans for Urban Forests, etc.) (1) The Minister of the Korea Forest Service shall establish and implement a master plan to create and manage urban forests, living forests and roadside trees (hereinafter referred to as "urban forests, etc.") nationwide (hereinafter referred to as "master plan for urban forests, etc.") every ten years. (2) Master plans for urban forests, etc. shall include: 1. The basic objectives of creating and managing urban forests, etc., and the direction-setting for implementation thereof; 2. Matters relating to the present circumstances and future prospects of urban forests, etc.; 3. Matters relating to the building and management of information networks for urban forests, etc.; 4. Other matters prescribed by Presidential Decree regarding creation and management of urban forests, etc. (3) The Minister of the Korea Forest Service may alter a master plan for urban forests, etc., if deemed necessary in consideration of the feasibility of the master plan for urban forests, etc., any change in socio economic or local conditions, etc. (4) The Minister of the Korea Forest Service shall survey the actual conditions of urban forests, etc., and keep and manage the outcomes thereof to utilize them as fundamental data for establishing or altering the master plan for urban forests, etc. (5) The establishment and alteration of master plans for urban forests, etc. pursuant to paragraphs (1) through (3), and other necessary matters, shall be prescribed by Presidential Decree. Article 20 (Creation and Management of Urban Forests, etc.) (1) The heads of local governments shall establish and implement plans to create and manage urban forests, etc. (hereinafter referred to as "plans to create and manage urban forests, etc.") under their jurisdiction according to the relevant master plan for urban forests, etc. established pursuant to Article 19 2. (2) Necessary matters regarding the methods of establishment, contents, etc. of the plans to create and manage urban forests, etc. shall be prescribed by Presidential Decree. (3) The Minister of the Korea Forest Service may provide support necessary for creating and managing urban forests, etc. to the local governments which establish and implement plans to create and manage urban forests, etc. pursuant to paragraphs (1) and (2). Article 21 (Approval for Creation, etc. of Roadside Trees) (1) When any person, other than the head of a local government, intends to perform any act referred to in any of the following subparagraphs, he/she shall obtain approval therefor from the head of the local government concerned. In such cases, the matters concerning the procedures for and period of approval, the allotment of expenses, etc. shall be prescribed by municipal ordinance of the local government concerned: 1. Planting and rearing roadside trees; 2. Transplanting roadside trees; 3. Removing roadside trees; 4. Pruning roadside trees. (2) Administrative agencies that build new roads shall plant roadside trees around the roads and take into account the space for planting roadside trees at the stage of designing the roads. Article 22 (Implementation of Forest Projects) (1) Forest projects shall be implemented by the forest owners, but the State or local governments may implement such forest projects with consent of the relevant forest owner, if deemed necessary for forest management. (2) The State or local governments may use the personal information (limited to names, addresses, and telephone numbers) about the forest owners, he/she has collected and holds to levy taxes, or for other purposes, if inevitable to obtain consent from such owners under paragraph (1). <Newly Inserted by Act No. 12415, Mar. 11, 2014> Article 23 (Implementation, etc. of Forest Projects by Agents) (1) The State or local governments may entrust or outsource the following forest projects to forestry cooperatives or the National Forestry Cooperatives Federation: <Amended by Act No. 9961, Jan. 25, 2010> 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 pursuant to Article 27 (1) 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/her forest management plan under Article 13 (4) fails to implement the forest project as authorized, without any justifiable ground, the head of a Si/Gun/Gu may require any of the following persons to implement the forest project as an agent, with the consent of the relevant forest owner. Provided, That where it is impracticable to obtain consent from the relevant forest owner as his/her address is unknown or mail is returned, in implementing forest maintenance projects (mowing, seedlings, thinning, etc.), he/she may give public notice of grounds for implementing such projects by an agent, the agent, and other information on the bulletin board and web-site of a Si/Gun/autonomous Gu for at least 30 days, in lieu of obtaining such consent: <Amended by Act No. 12415, Mar. 11, 2014> 1. Forestry cooperatives or the National Forestry Cooperatives Federation; 2. Forestry successors or model forest managers selected under Article 17 of the Forestry and Mountain Villages Development Promotion Act, and other persons deemed capable of managing forests, meeting the standards prescribed by Presidential Decree. (3) With respect to 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 the relevant forest owner has been negligent in implementing necessary forest projects, and which requires a forest project for the sustainable preservation and utilization of the forest, the head of a Si/Gun/Gu may directly implement necessary forest projects or require any person referred to in paragraph (2) to implement such forest projects as an agent with the consent of the relevant forest owner: Provided, That where it is impracticable to obtain consent from the relevant forest owner as his/her address is unknown or mail is returned, in implementing forest maintenance projects (mowing, seedlings, thinning, etc.), he/she may give public notice of grounds for implementing such projects as an agent, the agent, and other information on the bulletin board and web-site of a Si/Gun/autonomous Gu for at least 30 days in lieu of obtaining such consent: <Amended by Act No. 12415, Mar. 11, 2014> (4) The head of a Si/Gun/Gu may implement a forest project without consent of the relevant forest owner when he/she has insufficient time to obtain consent from the relevant forest owner for any of the following reasons. In such cases, the head of a Si/Gun/Gu shall notify the relevant forest owner of such fact, without delay: <Amended by Act No. 11456, Jun. 1, 2012> 1. When the forest project is urgently required to exterminate fungi, harmful insects, 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 occurs; 3. When the forest project is urgently required to protect the forest, as prescribed by Presidential Decree. (5) Expenses incurred in implementing forest projects under paragraphs (2) and (3) shall be borne by the relevant forest owner, and those incurred in implementing forest projects under paragraph (4) by the State or the relevant local government. (6) Procedures for implementing forest projects directly or vicariously under paragraphs (2) through (4), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 23-2 (Operation of National Forest Management Associations) (1) In order to efficiently promote projects for national forests, the Minister 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 the following: <Amended by Act No. 12415, Mar. 11, 2014> 1. Forestation projects; 2. Projects to cultivate forests; 3. Projects to prevent forest diseases and pests; 4. Projects to produce seedling for forests; 5. Projects to cut, uproot, or transplant standing trees. (2) The Minister 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 entrust them 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 Minister of the Korea Forest Service. The same shall apply to modifications to registered matters. (4) Where a person who applies for registration pursuant to paragraph (3) meets the requirements for registration, the Minister of the Korea Forest Service shall register him/her as a national forest management association, and issue a certificate of registration to the person. In such cases, the national forest management association shall not lend its certificate of registration to any third person. <Amended by Act No. 11690, Mar. 23, 2013> (5) Where a national forest management association falls under any of the following circumstances, the Minister of the Korea Forest Service may suspend its business operation within a specified period not exceeding six months, or revoke the registration thereof: Provided, That where it falls under subparagraphs 1 through 3, he/she shall revoke registration: 1. Where it completes registration, or registration of modification by fraudulent or other illegal methods; 2. Where it implements forest projects while its business operation is suspended, or is subject to 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/her registration was revoked on any of the grounds provided for in paragraph (5) 1 through 3 is ineligible for registration pursuant to paragraph (3). (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 Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> Article 23-3 (Support and Fostering of National Forest Management Associations) The Minister 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 expenses incurred in relation to the operation thereof, within budgetary limits. Article 24 (Registration of Forest Project Corporations) (1) A person who intends to implement forest projects shall file an application for registration thereof with the relevant Mayor/Do Governor, upon meeting all of the following requirements. Where he/she modifies important matters prescribed by Presidential Decree among registered matters, he/she shall file an application to register such modification within the period prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs: <Amended by Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014> 1. A corporation incorporated under the Civil Act, a cooperative, or the federation of cooperatives defined under Article 2 of the Framework Act on Cooperatives; 2. Requirements determined 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 relevant Mayor/Do Governor shall register him/her as a corporation entitled to implement forest projects (hereinafter referred to as "forest project corporation"), and issue him/her a certificate of registration, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10481, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> (3) A Mayor/Do Governor shall announce any forest project cooperation when registered pursuant to paragraph (2). <Amended by Act No. 10481, Mar. 29, 2011> (4) A forest project corporation shall be prohibited from lending its certificate of registration to any third person. (5) Procedures for registering or altering the registration of forest project corporations, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (6) The Minister of the Korea Forest Service may formulate and implement policies necessary to foster forest project corporations registered pursuant to paragraph (2). <Newly Inserted by Act No. 10481, Mar. 29, 2011> (7) Notwithstanding paragraph (1), the following entities may implement forest projects despite not being registered as a forest project corporation: <Newly Inserted by Act No. 12415, Mar. 11, 2014> 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 (restricted to felling standing timber to produce timber, excluding felling standing timber to cultivate forests and prevent forest diseases and pests). Article 25 (Revocation, etc. of Registration of Forest Project Corporations) (1) When a forest project corporation falls under any of the following circumstances, the relevant Mayor/Do Governor may order the forest project corporation to make a correction within a prescribed period: <Amended by Act No. 9961, Jan. 25, 2010; Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> 1. Where it fails to commence any ordered forest project without any justifiable ground 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 registration any modification to important matters pursuant to the latter part of Article 24 (1) within the period prescribed by Ordinance 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 circumstances, the relevant Mayor/Do Governor may suspend its business operation for a period not exceeding six months, or impose a penalty surcharge not exceeding 15 million won, in lieu of suspension of business: <Amended by Act No. 10481, Mar. 29, 2011> 1. When it fails to satisfy any of the requirements for registration under Article 24 (1); 2. When it fails to comply with a corrective order issued under paragraph (1). (3) When a forest project corporation falls under any of the following circumstances, the relevant Mayor/Do Governor shall revoke its registration and publicly announce the fact: Provided, That if a forest project for which procedures for disposition is pending on any of the grounds prescribed under subparagraphs 1 through 3, discontinues its business before the procedures for disposition are completed, he/she shall not revoke its registration until such procedures for disposition are completed <Amended by Act No. 10481, Mar. 29, 2011; Act No. 11456, Jun. 1, 2012> 1. When it is registered by fraudulent or other illegal means; 2. When it lends its certificate of registration to any third person, in violation of Article 24 (4); 3. When it implements a forest project during a period of business suspension, or is subject to business suspension on at least three occasions; 4. When it discontinues its business. (4) Any corporation for which three years have yet to elapse after its registration is revoked on any ground prescribed under paragraph (3) 1 through 3 shall be ineligible for registration pursuant to Article 24 (1). (5) Detailed standards for administrative measures referred to in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the types, severity, etc. of offences. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 26 (Execution of Forest Projects After Disposition of Business Suspension, etc. is Given) (1) A forest project corporation may, even after it receives the 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 disposition of business suspension or registration revocation pursuant to Article 25 (2) and (3), he/she shall post the details of such disposition on its Internet website, etc. and promptly notify a person who gave the order for the forest project, of the details of such disposition. <Amended by Act No. 9961, Jan. 25, 2010; Act No. 10481, Mar. 29, 2011> (3) The person who gave the order for the forest project may rescind the contract only within 30 days from the day on which he/she receives notification under paragraph (2) from the forest project corporation or from the day on which he/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. Article 27 (Design, Supervision, etc. of Forest Projects) (1) A person who intends to implement a forest project of such kind and in at least the scale prescribed by Presidential Decree shall design such forest project and undergo supervision thereof. (2) The design and supervision under paragraph (1) shall be done by: <Amended by Act No. 10250, Apr. 12, 2010> 1. An office of professional engineers in the field of forestry under the Professional Engineers Act; 2. An engineering business operator specialized in the field of forestry under the Engineering Technology Promotion Act, or other persons prescribed by Presidential Decree. (3) A person who designs or supervises a forest project shall do so in compliance with this Act, orders issued under this Act, or other related Acts and subordinate statutes. (4) When a supervisor of a forest project finds any violation of this Act, any order issued under this Act, or other related Acts and subordinate statutes, or a forest project operator fails to implement the forest project as designed, the supervisor of the forest project shall request the forest project operator to correct such violation or do re-work, and if the forest project operator fails to comply with such request, he/she may makes a written request to suspend the forest project. In such cases, the forest project operator in receipt of a request to suspend the forest project shall suspend the relevant project immediately, unless any justifiable ground exists. (5) Standards and procedures for designing and supervising forest projects, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 28 (Designation, etc. 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 Minister of the Korea Forest Service, or Mayor/Do Governor for designation of the relevant area as a special forest project zone. <Amended by Act No. 11456, Jun. 1, 2012> (2) When 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 Minister of the Korea Forest Service or a Mayor/Do Governor may designate the relevant area as a special forest project zone following consultation with the Minister of Environment: <Amended by Act No. 11456, Jun. 1, 2012> 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 Minister of the Korea Forest Service, or Mayor/Do Governor has designated an area as a special forest project zone pursuant to paragraph (2), he/she shall announce the location of the relevant forest, the name of the forest owner, and other matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, and notify the relevant forest owner thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, 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/she may operate his/her forest project simultaneously with any of the following: 1. Project to create a nature recreational forest or an arboretum; 2. Youth training project; 3. Project for testing, research, development, and dissemination of forestry technology; 4. Project to develop a foundation for settling residents in farming and mountain village, or to create sources of their income from forests; 5. Project to cultivate landscape trees and bonsai trees. (5) A forest management plan authorized under Article 13 (4), or a State forest management plan established 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 alter any content of his/her special forest project plan, he/she shall obtain approval therefor from the Minister of the Korea Forest Service or the competent Mayor/Do Governor. <Amended by Act No. 11456, 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/she shall be deemed to have obtained permission for, or to have reported, on felling of standing timber, etc. under Article 36. (8) The Minister of the Korea Forest Service or Mayor/Do Governor may fully or partially loan or subsidize working expenses when a special forest project operator seeks to conduct a forest project pursuant to the special forest project plan. <Amended by Act No. 11456, Jun. 1, 2012> (9) Standards for preparing special forest project plans, and other necessary matters, shall be prescribed by Presidential Decree. Article 29 (Rescission of Designation of Special Forest Project Zones) (1) The Minister 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 circumstances: Provided, That in cases falling under subparagraph 1, the designation shall be rescinded: <Amended by Act No. 11456, Jun. 1, 2012> 1. When the special forest project operator has obtained the designation of the special forest project zone by fraudulent or other illegal means; 2. When 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. When 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. When the special forest project operator has failed to implement the forest project as specified in the special forest project plan without any justifiable ground. (2) When the designation of the special forest project zone is rescinded pursuant to paragraph (1), such fact shall be published and notified to the relevant forest owner. Article 30 (Forest Technicians) (1) The Minister of the Korea Forest Service may administer a forest technician qualification system in order to efficiently manage forests, to improve the quality of forest projects, to enhance the safety of wooden structures, and to promote the development of forest project-related technologies. (2) The kind of, and qualifications for forest technicians, and other necessary matters shall be prescribed by Presidential Decree. (3) Forest technicians shall perform the following duties, as prescribed by Presidential Decree: 1. Preparation of forest management plans; 2. Design and supervision of forest projects; 3. Building and management of forest roads; 4. Installation and management of wooden structures; 5. Projects for restoring forests following the conversion of mountainous districts and gathering earth and stone under the Mountainous Districts Management Act; 6. Creation and management of nature recreational forests under the Forestry Culture and Recreation Act; 7. Erosion control works conducted under the Erosion Control Work Act. (4) Any forest technicians shall not concurrently work for at least two enterprises, allow any third person to use his/her titles, or lend his/her certificate of qualification to any third person. (5) The Minister of the Korea Forest Service may revoke the qualification of a forest technician or suspend his/her qualification for a period not exceeding three years if he/she falls under any of the following circumstances: Provided, That the Minister of the Korea Forest Service shall revoke the qualification of a forest technician if he/she falls under subparagraph 1, 3 or 4: <Amended by Act No. 9716, May 27, 2009> 1. When he/she has obtained the qualification as a forest technician by fraudulent or other illegal means; 2. When he/she has violated the restriction on employment or has allowed a third person to use his/her title or has lent his/her certificate of qualification to a third person under paragraph (4); 3. When he/she has performed his/her duties during the period of qualification suspension; 4. When he/she has prepared any false document or has neglected to perform his/her duties intentionally; 5. When he/she has performed his/her duties differently by negligence (including preparation of documents). (6) The Minister of the Korea Forest Service shall perform the following duties to facilitate the administration of the forest technician qualification system, and to develop forest-related technologies: 1. Management of qualifications for forest technicians; 2. Research and study of forest-related technologies; 3. Education of forest technicians and other projects prescribed by Presidential Decree. (7) Detailed standards for administrative measures referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, in consideration of the type, severity, etc. of offences. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (8) The issuance of certificates of qualification to forest technicians, reporting on the status of issuing such certificates, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (9) No one shall lend or arrange the lending of a certificate of qualification issued under paragraph (8) to any third person. Article 31 (Forest Management Technicians) (1) The Minister of the Korea Forest Service may post forest management technicians at forestry cooperatives or the National Forestry Cooperatives Federation, upon request by the president of the National Forestry Cooperatives Federation, as prescribed by Presidential Decree, to vitalize the management of private forests, and to give guidance about and disseminate forest-related technologies. (2) The forest management technicians under paragraph (1) shall perform the business of forest management guidance for forest owners and the research, study, guidance and dissemination of forest related technologies. (3) The Minister of the Korea Forest Service may subsidize all or part of the costs required for posting the forest management technicians under paragraph (1). (4) Standards for qualification of forest management technicians shall be prescribed by Presidential Decree. Article 32 (Surveys of Forest Resources) (1) The Minister of the Korea Forest Service shall survey forest resources on a regular basis, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12415, Mar. 11, 2014> (2) The Minister of the Korea Forest Service shall publish the results of surveys conducted under paragraph (1). (3) A person who conducts a survey under paragraph (1) may enter a third person's forest or land, if necessary for such survey. In such cases, the person who intends to enter a third person's forest or land shall carry a certificate indicating his/her authority and produce it to the owner or occupant of the relevant forest or land. <Amended by Act No. 12415, Mar. 11, 2014> (4) A person who intends to enter a third person's forest or land pursuant to paragraph (3) shall notify the owner or occupant of such forest or land of his/her intention within three days prior to his/her entry. <Newly Inserted by Act No. 12415, Mar. 11, 2014> (5) The Minister of the Korea Forest Service install necessary signs within a forest with the consent of the relevant forest owner or occupant, if necessary to enhance the accuracy and efficiency of the survey conducted under paragraph (1). <Amended by Act No. 12415, Mar. 11, 2014> Article 33 (Building Databases on Forest Resources) (1) The Minister of the Korea Forest Service may build and administer a forest resource information system to efficiently utilize the survey data about forest resources under Article 32 and other data necessary for managing forests. (2) The Minister of the Korea Forest Service may request the heads of related central administrative agencies, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions, or government-invested institution to submit data necessary to build the forest resource information system under paragraph (1). In such cases, the heads of agencies so requested shall comply therewith except in extenuating circumstances. (3) Matters to be managed by the forest resource information system under paragraph (1), procedures for administration thereof, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Article 34 (Establishment, etc. of Master Plans for Forest Science Technology) (1) The Minister of the Korea Forest Service shall establish and implement a master plan for forest science technology every ten years, as determined by Presidential Decree, to advance the research and development of forest science technology related to the creation, development, and utilization of forest resources, the promotion of public utility of forest resources, etc. (2) The Minister of the Korea Forest Service may have the affiliated research institutes, universities, colleges, industrial enterprises, local governments, government-invested research institutes, etc. jointly conduct the research and development of forest science technology under paragraph (1). (3) The Minister of the Korea Forest Service may grant contributions or subsidies to local governments, government-invested research institutes, universities, colleges, industrial enterprises, etc. to use them for conducting the joint research referred to in paragraph (2). <Amended by Act No. 9961, Jan. 25, 2010> (4) Joint research projects referred to in paragraph (2), and other matters necessary for conducting such joint research projects shall be determined by Presidential Decree. Article 35 (Transfer of Research and Development Outcomes) (1) The Minister of the Korea Forest Service may collect royalties or exempt the collection thereof, as prescribed by Presidential Decree, if an industrial enterprise that has participated in joint research uses the outcomes from joint research and development conducted by an affiliate research institute and industrial enterprise pursuant to Article 34 (2). (2) The Minister of the Korea Forest Service may give a reward, as prescribed by Presidential Decree, to public officials who have participated in the relevant research and development, within the limit of royalties collected under paragraph (1). (3) Where a subordinate public official applies for a patent (including utility models; hereafter in this Article the same shall apply) on any technology researched and developed in connection with his/her duties, if the use or industrialization of such technology is deemed to contribute to promoting public interests even before the registration of the patent, the Minister of the Korea Forest Service may allow a person who desires to use or industrialize the technology to do so prior to the registration of the patent, in consultation with the Commissioner of the Korean Intellectual Property Office. Article 36 (Permits for, Reporting, etc. on Felling Standing Timber, etc.) (1) Persons who intend to fell standing timber or to extract and gather forest products (excluding stones, earth, and sand referred to in subparagraphs 4 and 5 of Article 2 of the Mountainous Districts Management Act; hereafter the same shall apply in this Article) (hereinafter referred to as "felling standing timber, etc."; hereinafter the same shall apply) within forests (excluding the forests for seed collection, etc. under Article 19 and the forest protection zones under Article 7 of the Forest Protection Act; hereafter the same shall apply in this Article) shall obtain a permit therefor from the head of the relevant Si/Gun/Gu, or the head of the relevant regional forest service, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. This shall also apply where they intend to alter any important matters prescribed by Presidential Decree, among the permitted matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9763, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> (2) The head of a Si/Gun/Gu or the head of a regional forest service shall not grant a permit to fell standing timber, etc. under paragraph (1) within the areas prescribed by Presidential Decree, necessary for protecting forests in order to preserve the national land and nature, to protect cultural heritage and key facilities of the State, and to promote public interests: Provided, That the foregoing shall not apply to felling standing timber, etc. on the grounds prescribed by Presidential Decree, including prevention and extermination of fungi, harmful insects. (3) Upon receipt of an application for permit to fell standing timber, etc. under paragraph (1), the head of a Si/Gun/Gu or the head of a regional forest service shall grant a permit if deemed appropriate, in consideration of the matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, such as the purposes of such felling, and the appropriateness of felling relevant things. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (4) Notwithstanding paragraph (1) and the proviso to paragraph (2), a person who intends to fell standing timber, etc. due to any cause determined by Presidential Decree, such as the removal of trees damaged by fungi, harmful insects, a forest fire, or any other natural disasters, may do so after reporting thereon to the head of the relevant Si/Gun/Gu or the head of the relevant regional forest service, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (5) Notwithstanding paragraph (1), the proviso to paragraph (2), and paragraph (4), felling standing timber, etc. determined by Presidential Decree, such as grass-cutting, tree-pruning, and felling timber to grow young trees, may be performed without a permit or reporting thereon. (6) Where a permit is granted to fell standing timber, etc. or such felling is reported pursuant to paragraph (1), the proviso to paragraph (2), and paragraph (4), a report on the temporary use of mountainous districts under Article 15-2 of the Mountainous Districts Management Act shall be deemed filed regarding opening of roads for transportation of forestry products and logging roads necessary for felling standing timber, etc. <Amended by Act No. 10331, May 31, 2010; Act No. 12415, Mar. 11, 2014> (7) The head of a Si/Gun/Gu, or the head of a regional forest service shall inspect and verify whether felling standing timber, etc. under paragraph (1), the proviso to paragraph (2), and paragraph (4) has been appropriately performed, as permitted or reported, and the rods for transportation of forestry products and logging roads opened under paragraph (6) have been appropriately restored. <Newly Inserted by Act No. 12415, Mar. 11, 2014> (8) The head of a Si/Gun/Gu, or the head of a regional forest service may require any of the following entities to conduct inspections and verification under paragraph (7) on his/her behalf: <Newly Inserted by Act No. 12415, Mar. 11, 2014> 1. Forestry cooperatives or the National Forestry Cooperatives Federation; 2. A person referred to in any subparagraph of Article 27 (2); 3. Korea Forestry Promotion Institute established under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act; 4. Non-profit corporations related to the creation and fostering of forest resources under Article 32 of the Civil Act. Article 36-2 (Deemed Public Officials for Purposes of Penal Provisions) Employees of agencies and associations who conduct inspections and verifications on behalf of the head of a Si/Gun/Gu, or the head of a regional forest service under Article 36 (8) shall be deemed public officials for purposes of penal provisions in Articles 129 through 132 of the Criminal Act. Article 36-3 (Revocation, etc. of Permits for Felling Standing Timber, etc.) Where any of the following applies to a person who has obtained a permit for felling standing timber, etc., or reported thereon pursuant to paragraph (1), the proviso to paragraph (2), or paragraph (4) of Article 36, the head of the relevant Si/Gun/Gu, or the head of the relevant regional forest service may revoke such permit, suspend felling of standing timber, etc., or order other necessary measures: Provided, That if subparagraph 1 applies to such permit-holder, the head of the relevant Si/Gun/Gu or the head of the relevant regional forest service must revoke such permit, suspend felling of standing timber, etc., or order other necessary measures: 1. Where he/she has obtain permission or reported by fraudulent or other illegal means; 2. Where he/she fails to fell standing timber, etc. as permitted or reported without any justifiable grounds; 3. Where it becomes impossible to fell standing timber, etc. regarding which he/she has obtained a permit or has reported, due to a forest mishap, etc. Article 37 (Promoting Use of Wood, etc.) (1) The Minister of the Korea Forest Service may establish and implement policies necessary for promoting the use of forest products, and for developing the wood industry. (2) The Minister of the Korea Forest Service may designate and manage a forest that requires sustainable management to ensure the stable supply of, and demand for wood, and to increase availability of superior wood, as an economic forest development complex. (3) To lead forest management, the Minister of the Korea Forest Service may select and foster a complex in an exemplary condition of management among the economic forest development complexes designated under paragraph (2), as a model forest management complex, if necessary. <Newly Inserted by Act No. 12415, Mar. 11, 2014> (4) If deemed necessary to accelerate the use and supply of forest biomass energy, the Minister of the Korea Forest Service may perform a project to distribute such forest biomass energy, such as installation of facilities for producing forest biomass energy, distribution of burners, and development of related technology, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Newly Inserted by Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> Article 38 (Management of Corporate Forests) (1) A person who uses or processes forest products, and intends to perform a project prescribed by Presidential Decree may manage a corporate forest to ensure smooth supply of, and demand for raw materials. (2) A person who intends to manage a corporate forest shall prepare a corporate forest management plan and obtain designation of a corporate forest management zone from the Mayor/Do Governor having jurisdiction over the location of the relevant forest, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> (3) Upon receiving an application for designation filed under paragraph (2), the Mayor/Do Governor shall designate such area as a corporate forest management zone unless any of the following applies to the forest applied for designation. In such cases, where a State forest is included in the corporate forest management zone, he/she shall seek consultation with the head of the relevant regional forest office: 1. Where the area of the forest is less than 30,000 square meters; 2. Where the applicant fails to obtain a proprietary right, or right of use or beneficiary right to the relevant forest for the period of the relevant forest management plan or longer (in cases of State forests, referring to where he/she fails to obtain permission for lease or use); 3. Where the contents of the relevant corporate forest management plan are deemed inappropriate for efficiently creating and managing the relevant forest; 4. Where the application violates any of the restrictions imposed under this Act or other Acts. (4) Where the Mayor/Do Governor designates a corporate forest management zone pursuant to paragraph (3), he/she shall publicly notify matters prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, such as the location of the relevant forest and the name of the corporate forest owner, and inform the corporate forest owner of such fact. <Amended by Act No. 11690, Mar. 23, 2013> (5) The right timing for felling trees by kinds of trees in the forest designated as a corporate forest management zone under paragraph (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> (6) Authorization of a forest management plan pursuant to Article 13 (4) or approval of a State forest management plan pursuant to Article 9 (2) of the State Forest Administration and Management Act shall be deemed granted for a forest in an area designated as a corporate forest management zone. (7) Where a person intends to conduct a business that requires felling of standing trees, etc, in a corporate forest management zone, he/she shall report thereon to the head of the relevant Si/Gun/Gu or the head of the relevant regional forest office. In such cases, he/she shall be deemed to have obtained a permit, or have reported to fell standing trees, etc. (8) If a person who manages a corporate forest intends to modify the corporate forest management plan, he/she shall obtain approval from the Mayor/Do Governor. (9) Article 13 (3) shall apply mutatis mutandis to the preparation of corporate forest management plans pursuant to paragraph (2). Article 38-2 (Rescission of Zone under Corporate Forest Management Plan) (1) Where it falls under any of the following subparagraphs, the Mayor/Do Governor may rescind all or part of the designation of a zone under corporate forest management plan: Provided, That in cases of subparagraph 1, he/she shall rescind the whole designation: 1. Where the owner of corporate forest has obtained designation of a zone under corporate forest management plan by deceit or other fraudulent methods; 2. Where the purpose of designating a zone under corporate forest management plan has been attained or is unattainable due to natural disaster, etc.; 3. Where the rescission of designation is recognized as necessary to use it for a site for official or public facilities prescribed by Presidential Decree, such as industrial facilities, military facilities, etc.; 4. Where the owner of corporate forest fails to carry on forest business in accordance of the contents of corporate forest management plan without justifiable reasons. (2) Where the Mayor/Do Governor rescinds the designation of a zone under corporate forest management plan as prescribed in paragraph (1), he/she shall publicly notify matters concerning Article 38 (4) and inform the owner of the forest of such fact. Article 39 Deleted. <by Act No. 11429, May 23, 2012> Article 40 (Restrictions, etc. on Distribution of Forest Products) (1) If deemed necessary to regulate the supply of, and demand for forest products, and to establish orderly distribution, and to ensure the safety of forest products, the Minister of the Korea Forest Service may restrict the distribution, production, or use of forest products prescribed by Presidential Decree. In such cases, the grounds for, and details of, such restrictions shall be publicly announced in advance. (2) Deleted. <by Act No. 11429, May 23, 2012> Article 41 (Recommendation, etc. for Import of Forest Products) (1) Persons intending to import forest products at the concession tariff rates applicable to the market access quota from the Republic of Korea's Schedules of Concessions, pursuant to the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall obtain a recommendation of the Minister of the Korea Forest Service on the imported items, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. In such cases, the recommended volume and standards for recommendation by items, and other necessary matters regarding recommendation shall be determined and announced by the Minister of the Korea Forest Service. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (2) The Minister of the Korea Forest Service may require the National Forestry Cooperatives Federation and other forest-specialized organizations or distribution-related organizations to perform duties regarding recommendations for import of forest products referred to in paragraph (1) as agent. (3) The Minister of the Korea Forest Service may, as prescribed by Ordinance of the Ministry for Agriculture, Food, and Rural Affairs, impose and collect import profits within the limits of the difference between domestic selling prices and import prices from those who import the forest products determined by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs among those referred to in paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (4) Import profits referred to in paragraph (3) shall be deposited into the Special Accounts of Structural Improvement of Agricultural and Fishing Villages under the Act on Special Accounts for the Structural Improvement of Agricultural and Fishing Villages, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12412, Mar. 11, 2014> (5) If import profits referred to in paragraph (3) are not paid by the payment due date, such import profits may be collected in the same manner as delinquent national taxes are collected. Article 42 (Preservation of Forest Biodiversity) (1) The Minister of the Korea Forest Service shall establish and implement a master plan for forest biodiversity to promote the preservation of forest biodiversity, the sustainable use of forests, etc. (2) The Minister of the Korea Forest Service and the heads of local governments shall endeavor to implement projects determined by Presidential Decree, including creating ecological forests and arboretums to preserve and manage the biodiversity of forests under their jurisdiction. Articles 43 through 46 Deleted. <by Act No. 9763, Jun. 9, 2009> Article 47 (Designation, etc. of Experimental Forests) (1) The Minister of the Korea Forest Service or a Mayor/Do Governor may designate forests suitable for developing forest science and technology or using them for testing and research purposes, as experimental forests. <Amended by Act No. 12415, Mar. 11, 2014> (2) The Minister of the Korea Forest Service or a Mayor/Do Governor who has designated an experimental forest shall endeavor to protect and manage the experimental forest to serve the objectives of such designation, and may designate a manager if deemed necessary for managing such experimental forest. <Amended by Act No. 12415, Mar. 11, 2014> (3) The Minister of the Korea Forest Service or a Mayor/Do Governor may issue orders necessary for protecting and managing an experimental forest to the owner or manager of the experimental forest, and subsidize expenses incurred in relation to such protection and management, as prescribed by Presidential Decree. <Amended by Act No. 12415, Mar. 11, 2014> (4) The Minister of the Korea Forest Service or a Mayor/Do Governor may wholly or partially rescind designation of an experimental forest if: <Amended by Act No. 12415, Mar. 11, 2014> 1. It is deemed unnecessary to maintain it as an experimental forest, because the objectives of designation have been achieved; 2. It is deemed that the objectives of designation have become unachievable due to any damage caused by a natural disaster, etc., or any other cause determined by Presidential Decree; 3. It is deemed inevitable to rescind designation to use the experimental forest as a site for military facilities, or other official or public facilities determined by Presidential Decree, or for public interests. (5) Upon designating an experimental forest or rescinding designation of such experimental forest under paragraphs (1) and (4), the Minister of the Korea Forest Service or the Mayor/Do Governor shall publicly announce the fact and notify the relevant owners and managers thereof. <Amended by Act No. 12415, Mar. 11, 2014> (6) Procedures for the designation, management, and rescission of designation of experimental forests, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> (7) Article 19 (5) of this Act, and Articles 10 (3) and 12 of the Forest Protection Act shall apply mutatis mutandis to the management of experimental forests, compensation paid for any loss thereto, etc. Article 48 (Designation, etc. of Special Forest Protection Zones) (1) The Minister of the Korea Forest Service or a Mayor/Do Governor may designate any of the following forests as a special forest protection zone to prevent any large-scale forest disaster and promptly restore any damaged forests: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> 1. A forest that requires restoration from damage caused by a large-scale forest fire; 2. A forest that requires the prevention of spread and control of very contagious or fatal fungi or harmful insects, such as pine tree pests; 3. A forest in which landslides have occurred or are likely to occur, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs, and which requires restoration and prevention. (2) Upon designating a special forest protection zone under paragraph (1), the Minister of the Korea Forest Service or a Mayor/Do Governor publish the details of such designation, and notify the head of the local government having jurisdiction over the special forest protection zone thereof. <Amended by Act No. 11456, Jun. 1, 2012> (3) The Minister of the Korea Forest Service and the head of the local government having jurisdiction over a special forest protection zone shall take measures necessary for the prevention of, restoration, etc. from any damage to the special forest protection zone designated under paragraph (1), including provision of expenses incurred therefor, and establish and administer an organ solely in charge of such measures, if necessary. (4) The Minister of the Korea Forest Service or the Mayor/Do Governor shall rescind the designation of a special forest protection zone and publish such fact when the objectives of designation is achieved or it is deemed unnecessary to maintain it as such zone. <Amended by Act No. 11456, Jun. 1, 2012> (5) Procedures for designation and management of special forest protection zones, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> Articles 49 and 50 Deleted. <by Act No. 9763, Jun. 9, 2009> Article 51 (Establishment and Implementation of Plans to Preserve and Manage Trees, etc.) (1) The Minister of the Korea Forest Service or a Mayor/Do Governor may establish and implement a plan to preserve and manage trees or forests (hereinafter referred to as "trees, etc.") deemed in need of special management to protect the ecology, scenery, etc. against any damage from weather, air pollution, acid rain, fungi, harmful insects, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11456, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> (2) The Minister of the Korea Forest Service or the Mayor/Do Governor shall consult in advance with the heads of the relevant administrative agencies when he/she intends to establish a plan to preserve and manage trees, etc. <Amended by Act No. 11456, Jun. 1, 2012> Article 51-2 (Designation and Management of Areas for Special Species of Trees, such as Geumgang Pine Tree Forest) (1) The Minister of the Korea Forest Service may designate and manage an area to grow special species of trees in need of intensive protection and nurturing, such as Geumgang pine tree forest, having historical, cultural, and resource value. (2) The Minister of the Korea Forest Service shall organize a deliberative committee on areas to grow special species of trees (hereinafter referred to as "deliberative committee") pursuant to paragraph (1) to deliberate and decide on species of trees, area, etc. when he/she intends to designate an area to grow special species of trees pursuant to paragraph (1). (3) Matters concerning requirements for designation of areas to grow special species of trees pursuant to paragraph (1), matters concerning the composition of and deliberation by the deliberative committee, etc., and other necessary matters, shall be prescribed by Presidential Decree. Article 51-3 (Change or Rescission of Designation of Areas to Grow Special Species of Trees) Where an area to grow special species of trees designated under Article 51-2 (1) falls under any of the following circumstances, the Minister of the Korea Forest Service may change or rescind designation: 1. Where the objective of such designation is deemed achieved or such objective is deemed unachievable due to any natural disaster, etc.; 2. Where it is inevitable to use it as an official or public site prescribed by Presidential Decree, such as industrial facilities or military facilities; 3. Where it is necessary to rescind such designation at the request of the Mayor/Do Governor to develop the relevant local community or for industrial development. Article 51-4 (Support for Areas to Grow Special Species of Trees) (1) The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may give priority to supporting a forestry project in an area to grow special species of trees when providing funds for forestry projects. (2) The Minister of the Korea Forest Service may appoint specialized researchers, etc. necessary to continuously preserve and grow the special species of trees in the relevant areas. Article 52 Deleted. <by Act No. 9763, Jun. 9, 2009> Article 58 (Green Fund) (1) The Minister of the Korea Forest Service shall establish a fund to promote the environment functions of forests (hereinafter referred to as the "Green Fund") to support projects funds and expenses incurred in relation to protect the forest environment, promote forest functions, and develop overseas forest resources. (2) The Green Fund shall be managed and administered by the Minister of the Korea Forest Service. (3) The Green Fund shall be raised from the following financial resources: 1. Contributions from persons, other than the Government; 2. Proceeds from the sale of lottery tickets, being distributed under Article 23 (1) of the Lottery Tickets and Lottery Fund Act; 3. Revenues from the management of the Green Fund; 4. Other revenues prescribed by Presidential Decree. (4) The Green Fund may be used for the following projects to promote the environmental functions of forests, and to develop overseas forest resources: 1. Improving the forest environment to supply clean water; 2. Creating forests and urban forests to prevent environmental pollution and preserve scenery; 3. Building and operating facilities for forest activities of juveniles, etc. and conducting other related education and public relations; 4. Creating and operating arboretums, recreational forests, and tree-burial forests; 5. Educating foresters and promoting their welfare in relation to the promotion of the environmental functions of forests; 6. Promoting the environmental functions of overseas forests; 7. Securing overseas forest resources; 8. Other projects prescribed by Presidential Decree to promote the environmental functions of forests. (5) When an agency or organization determined by Presidential Decree performs a project referred to in any subparagraph of paragraph (4), expenses incurred in relation to such project may be preferentially subsidized from the Green Fund. (6) Other matters necessary for the management and administration of the Green Fund shall be prescribed by Presidential Decree. Article 59 (Establishment, etc. of Green Fund Management Plans) (1) The Minister of the Korea Forest Service shall establish a Green Fund management plan each fiscal year, including: 1. Matters relating to the revenue and expenditure of the Green Fund; 2. A plan to use the Green Fund; 3. Other matters deemed by the Minister of the Korea Forest Service necessary for managing the Green Fund. (2) The Minister of the Korea Forest Service shall establish Green Fund management plans, considering any overlaps with other budget, public interests, etc., and manage the Green Fund transparently and efficiently. <Newly Inserted by Act No. 9961, Jan. 25, 2010> (3) Considerations to be given when establishing Green Fund management plans under paragraph (2), and matters necessary for the management of the Green Fund shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9961, Jan. 25, 2010> Article 59-2 (Reporting on Settlement of Accounts of Green Fund to National Assembly) The Minister of the Korea Forest Service shall prepare the settlement of accounts of the Green Fund each fiscal year, and report it to the competent standing committee of the National Assembly within two months after the end of the relevant fiscal year, along with: 1. Documents about the summary and analysis of the settlement of accounts of the Green Fund; 2. A closing statement of the Green Fund; 3. Matters concerning the current status of implementing the Green Fund projects, and the outcomes of implementation in the previous year; 4. Other documents necessary for clarifying the details of the settlement of accounts of the Green Fund. Article 60 (Entrustment of Green Fund Management) (1) The Minister of the Korea Forest Service may fully or partially entrust the management and administration of the Green Fund to the Korea Green Project Association established under Article 62, as prescribed by Presidential Decree. (2) When the Minister of the Korea Forest Service has entrusted the management and administration of the Green Fund under paragraph (1), service fees and other expenses may be paid, as determined by the Minister of the Korea Forest Service. (3) When the Minister of the Korea Forest Service has entrusted the management and administration of the Green Fund under paragraph (1), he/she may appoint accounting personnel to engage in such management and administration from among the executives and employees of the entrusted corporation. (4) The Act on Liability of Accounting Personnel, Etc. shall apply mutatis mutandis to the accounting personnel appointed under paragraph (3). Article 61 (Organization and Administration of Green Fund Management Council) (1) A Green Fund Management Council (hereinafter referred to as the "Council") shall be established in the Korea Forest Service to deliberate on the following regarding the management and administration of the Green Fund: 1. Matters relating to the establishment of the Green Fund management plans and the preparation of the reports on the settlement of accounts; 2. Matters relating to the alteration of the Green Fund management plans; 3. Matters relating to the use of the Green Fund under Article 58 (4); 4. Other matters brought by the Minister of the Korea Forest Service before the Council, which are deemed important for the management and administration of the Green Fund. (2) The chairperson of the Council shall be the Vice Minister of the Korea Forest Service, and the members thereof shall be comprised of up to ten members, including the chairperson. <Amended by Act No. 9961, Jan. 25, 2010> (3) The organization and administration of the Council, and other necessary matters, shall be prescribed by Presidential Decree. Article 62 (Establishment, etc. of Korea Green Project Association) (1) A Korea Green Project Association shall be established to efficiently manage and administer the Green Fund and perform or support overseas forest resource projects. (2) The Korea Green Project Association shall be a juristic person and come into existence by making registration for incorporation at the seat of the principal office thereof. (3) The expenses required for administration of the Korea Green Project Association shall be met from the Green Fund, and the State or local governments may subsidize part of the working expenses within the limit of budget. (4) Matters necessary for the organization, administration, etc. of the Korea Green Project Association shall be prescribed by Presidential Decree. (5) Except as provided in this Act, the provisions of the Civil Act concerning the incorporated foundations shall apply mutatis mutandis with respect to the Korea Green Project Association. Article 63 (Support to Korea Green Project Association, etc.) The State or local governments may allow the Korea Green Project Association or any such agency or organization as provided in Article 58 (5) to use, gain profits from, or rent national or public facilities, goods and other properties free of charge within the scope of not impairing the objectives of their utilization, to support the raising of the Green Fund or facilitate the performance of the Green Fund project. Article 64 (Financial Support) (1) The State or local governments may loan or assist all or part of the working expenses for forest projects as determined by Presidential Decree. (2) In loaning funds under paragraph (1), the forest land and standing timber concerned may be made security. In such case, the prices of standing timber not yet in harvest season may be evaluated in advance to be made security. Article 65 (Repayment of Forest Project Subsidies) (1) Any person who intends to use any of the following forests for any purpose other than the original purpose of the subsidized project, shall repay the amount subsidized or provided by the State or a local government (hereinafter referred to as “forest project subsidy”) plus interest thereon, to the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That he/she need not repay upon expiration of the period determined by Presidential Decree since the creation of the forests or the installation of the forest management infrastructure was completed: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> 1. A forest for which the forest management infrastructure has been installed pursuant to Article 9 (1); 2. A forest created with a subsidy or aid from the State or a local government pursuant to Article 13 (6), 28 (8) or 64 (1). (2) The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall order a person who fails to fulfill his/her obligation to repay to repay a forest project subsidy and interest thereon, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12415, Mar. 11, 2014> Article 65-2 (Restrictions on Financial Support) The Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu may exclude any forestry project conducted by the following persons, as ineligible for financial support under Article 64: 1. A person subject to an order to repay a forest project subsidy under Article 27 (2); 2. A person subject to an order to repay a forest project subsidy under Article 33-2 (1) of the Subsidy Management Act. Article 66 (Payment of Monetary Rewards) The Minister of the Korea Forest Service may pay a monetary reward to any person who files a complaint or accusation with a forest administrative agency or an investigating agency against a person who has violated Article 19 (5), 36 (1) or (4), as determined by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9763, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013> Article 67 (Reporting, Inspections, etc.) (1) The Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a regional forest service may require any of the following entities to report his/her business or submit related data, and require a subordinate public official to enter a place of business place, office, etc. to investigate or inspect books, documents, or other articles, or to inquire of related persons: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> 1. A seeds and seedling grower; 2. A forestry cooperative or the National Forestry Cooperatives Federation; 3. A forest project corporation; 3-2. A national forest management association established under Article 23-2; 4. A person who designs or supervises a forest project; 5. Deleted; <by Act No. 11429, May 23, 2012> 6. A person who imports forest products upon the recommendation of the Minister of the Korea Forest Service pursuant to Article 41 (1); 7. The Korea Green Project Association. (2) If it is found, in an investigation and inspection, that the seeds and seedlings for forests produced by a seeds and seedling grower pursuant to paragraph (1) are of poor quality, the head of a Si/Gun/Gu may order the relevant grower to suspend the shipment of such seeds and seedlings, or to take necessary measures, such as disinfection, and discard. <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> (3) A public official who conducts an investigation or inspection or inquires of related persons pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produces it to related persons. Article 68 (Hearings) The Minister of the Korea Forest Service, the head of a local government, or the head of a regional forest service shall hold a hearing if: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> 1. He/she intends to revoke authorization of a forest management plan pursuant to Article 15; 2. He/she intends to revoke the registration of a seeds and seedling grower, or suspend his/her business operation pursuant to Article 16 (3); 2-2. He/she intends to revoke the registration of a national forest management association pursuant to the proviso to Article 23-2 (5); 3. He/she intends to revoke the registration of a forest project corporation pursuant to Article 25 (3); 4. He/she intends to rescind the designation of a special forest project zone pursuant to Article 29 (1); 5. He/she intends to revoke qualification of a forest technician pursuant to Article 30 (5); 5-2. He/she intends to revoke a permit for felling standing timber, etc. pursuant to Article 36-3; 6. He/she intends to rescind the designation of a corporate forest management zone pursuant to Article 38-2 (1). Article 69 (Succession of Rights, Duties, etc.) (1) Dispositions made to forest owners, the owners of land other than forests, etc in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors. (2) Applications, reports or other acts implemented by forest owners, the owners of land other than forests, etc in accordance with this Act or the orders issued under this Act shall have effect also with regard to their successors. Article 70 (Delegation and Entrustment of Authority) (1) The Minister of the Korea Forest Service may delegate part of his/her authority under this Act to a Mayor/Do Governor, or the head of an affiliate agency, as prescribed by Presidential Decree, and the Mayor/Do Governor or the head of the agency so delegated may re-delegate part of the delegated authority to the head of a Si/Gun/Gu, or the head of an affiliate agency with approval from the Minister of the Korea Forest Service. (2) A Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. (3) The head of a regional forest service may delegate part of his/her authority under this Act to the head of a national forest management office under the jurisdiction of the relevant regional forest service, as prescribed by Presidential Decree. (4) The Minister of the Korea Forest Service, the head of a local government, or the head of a regional forest service may entrust part of his/her business under this Act to related agencies or organizations, as prescribed by Presidential Decree. Article 71 (Penal Provisions) (1) A person who commits arson to a forest for seed collection, a plus tree or an experimental forest shall be sentenced to imprisonment for not less than seven years. <Amended by Act No. 9763, Jun. 9, 2009> (2) Any criminal attempt of paragraph (1) shall be punished. Article 72 Deleted. <by Act No. 9763, Jun. 9, 2009> Article 73 (Penal Provisions) (1) A person who steals forest produce (including planted seedlings; hereafter in this Article the same shall apply) shall be sentenced to imprisonment for not more than seven years, or shall be subject to a fine not exceeding 20 million won. (2) Any criminal attempt of paragraph (1) shall be punished. (3) When a person who commits crime under paragraph (1) falls under any of the following subparagraphs, he/she shall be sentenced to imprisonment for not less than one year but not more than ten years: <Amended by Act No. 9763, Jun. 9, 2009> 1. Where a person steals any forest produce or a plus tree within a forest for seed collection or an experimental forest; 2. Where a person collects taproots; 3. Where a person uses a vehicle or vessel or installs any transportation and wood processing arrangements in order to transport stolen goods; 4. Where a person commits a theft by exercising the right to cut standing timber or bamboo or to extract or gather produce; 5. Where a person commits a theft at night; 6. Where a person habitually commits the crime of paragraph (1). Article 74 (Penal Provisions) (1) Any of the following persons shall be punished by imprisonment for not more than five years, or by a fine not exceeding 15 million won: <Amended by Act No. 12415, Mar. 11, 2014> 1. A person who fells standing timber or bamboo, extracts or gathers forest products, grazes livestock, or engages in activities that alters the form and quality of land within a forest for seed collection, etc., in violation of Article 19 (5); 2. A person who plants and rears, transplants, removes, or prunes a roadside tree without obtaining approval therefor from the head of the relevant local government, in violation of Article 21 (1); 3. A person who fells standing timber, etc. without obtaining a permit, or upon obtaining a permit by fraudulent or other illegal means, from the head of the relevant Si/Gun/Gu, or regional forest service, in violation of Article 36 (1); 4. Deleted; <by Act No. 9763, Jun. 9, 2009> 5. A person who inflicts damage on standing timber or bamboo in a forest or causes withering and dying thereof without any justifiable ground; 6. A person who inflicts damage on a roadside tree or caused withering and dying thereof without any justifiable ground; 7. A person who alters or eliminates any sign or seal attached to standing timber, bamboo, wood or taproot; 8. A person who installs structures in a third person's forest without any justifiable ground. (2) A person who violates paragraph (1) 2 and thus causes damage of less than 100,000 won based on the price from the place of origin, may be punished by a penal detention or minor fine depending on the relevant circumstances. <Amended by Act No. 9763, Jun. 9, 2009> (3) A person who habitually commits any of the crimes referred to in paragraph (1) shall be punished by imprisonment for not more than ten years. Article 75 (Confiscation and Additional Collection) (1) Forest products related to crimes under Articles 73 and 74 (1) 1 and 3 shall be confiscated: Provided, That the forest products that result from any such criminal act under Article 73 shall be returned to the victim or disposed of to repay the price thereof, as prescribed by Presidential Decree. <Amended by Act No. 9763, Jun. 9, 2009> (2) When it is impossible to confiscate the forest products under paragraph (1), the value equivalent thereto shall be collected. Article 76 (Penal Provisions) A person who uses any imported forest products for purposes not stipulated in the recommendation for importation made pursuant to Article 41 (1) shall be sentenced to imprisonment for not more than two years or shall be subject to a fine not exceeding ten million won. Article 77 (Penal Provisions) (1) Deleted. <by Act No. 9763, Jun. 9, 2009> (2) Any of the following persons shall be punished by a fine not exceeding two million won: <Amended by Act No. 11456, Jun. 1, 2012> 1. A person who implements a forest project without being registered as a national forest management association pursuant to Article 23-2 (4) or a forest project corporation pursuant to Article 24 (1); 2. A person who designs or supervises a forest project, in violation of Article 27 (3); 3. through 5. Deleted. <by Act No. 9763, Jun. 9, 2009> (3) Any of the following persons shall be punished by a fine not exceeding one million won: <Amended by Act No. 11456, Jun. 1, 2012> 1. A person who runs a seeds and seedling growing business without registering himself/herself as a seeds and seedling grower, in violation of Article 16 (1); 2. A person who lends his/her certificate of registration of a national forest management association to a third person, in violation of the latter part of Article 23-2 (4); 3. A person who lends his/her certificate of registration as a forest project corporation to a third person, in violation of Article 24 (4); 4. A forest technician who concurrently works for at least two enterprises, or who allows a third person to use his/her title, or lends his/her certificate of qualification to a third person, in violation of Article 30 (4); 5. A person who lends his/her certificate of qualification or arranges such lending, in violation of Article 30 (9); 6. Deleted; <by Act No. 11429, May 23, 2012> 7. A person who violates the restriction on the distribution, production, or use of forest products imposed under Article 40 (1); 8. A person who ships the seeds for forest and seedlings of poor quality or who fails to take necessary measures, such as disinfection, and discard, in violation of an order issued under Article 67 (2). Article 78 (Joint Penal Provisions) When a representative of a juristic person, or an agent, an employee or other servant of a juristic person or an individual commits an offense under Article 74 (1), (2), 76 or 77 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but also the juristic person or the individual shall be punished by a fine or a fine for negligence under the relevant provisions, and if the violator commits an offense under Article 74 (3), not only shall such violator be punished, but also the juristic person or the individual shall be punished by a fine not exceeding 20 million won: Provided, That this shall not apply where the juristic person or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation. Article 79 (Administrative Fines) (1) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11456, Jun. 1, 2012; Act No. 12415, Mar. 11, 2014> 1. A person who extracts or gathers forest products without filing a report pursuant to the proviso to Article 19 (5); 2. A person who fells standing timber, etc. without filing a report, or upon filing a report by fraudulent or other illegal means pursuant to Article 36 (4); 2-2. A person who violates a suspension of felling standing trees, etc., or an order to take other necessary measures pursuant to Article 36-3; 3. A person who conducts a business which requires felling of standing trees, etc. in a corporate forest management zone without reporting thereon, in violation of Article 38 (7); (2) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 9961, Jan. 25, 2010> 1. A person who claims an excessive fee for preparation of a forest management plan under Article 13 (3); 2. Deleted; <by Act No. 11429, May 23, 2012> 3. and 4. Deleted; <by Act No. 9763, Jun. 9, 2009> 5. A person who refuses, evades, or interferes with reporting, submission of data, an investigation, inspection, or inquiry under Article 67 (1). (3) and (4) Deleted. <by Act No. 9763, Jun. 9, 2009> (5) A person who fails to perform afforestation under Article 10 (2) shall be punished by an administrative fine equivalent to the aggregate of expenses incurred in such afforestation. (6) Administrative fines referred to in paragraphs (1) through (5) shall be imposed and collected by the Minister of the Korea Forest Service, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a regional forest service, or the head of a national forest management office under a regional forest service, as prescribed by Presidential Decree. <Amended by Act No. 9961, Jan. 25, 2010> (7) through (9) Deleted. <by Act No. 9961, Jan. 25, 2010> ADDENDA Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. Article 2 (Repeal of other Act) The Forestry Act is hereby repealed. Article 3 (Applicability to Design and Supervision of Forest Projects) The design and supervision of forest projects under Article 27 shall apply to the forest projects carried out on and after the enforcement date of this Act. Article 4 (Transitional Measures concerning Dispositions, etc. under the Former Forestry Act) Dispositions, etc. on the left column of the following table made under the former Forestry Act as at the time of this Act enters into force shall be deemed dispositions, etc. on the right column of said table made under this Act: Article 5 (Transitional Measures concerning Registration of Forest Project Corporations) Corporations registered under the proviso to Article 5 (4) of the previous Forestry Act at the time of the entry into force of this Act shall be deemed to be registered under Article 24 (1). In this case, the corporations shall meet the standards for registration provided in Article 24 (1) within one year after the enforcement of this Act. Article 6 (Transitional Measures concerning Designation of Protective Forests) protective forests under Article 56 (1) 6 of the previous Forestry Act shall be deemed to be designated as the protective forests under Article 43 (1) 2 of this Act, and the protective forests under Article 56 (1) 8 of the previous Forestry Act, as the protective forests under Article 43 (1) 1 of this Act, at the time of the entry into force of this Act. Article 7 Deleted. <by Act No. 9961, Jan. 25, 2010> Article 8 (Preparation for Establishment of Korea Green Project Association) (1) The Minister of the Korea Forest Service may commission not more than seven promoters to take charge of the business affairs concerning the establishment of the Korea Green Project Association prior to the enforcement of this Act. (2) The promoters shall prepare the articles of association of the Korea Green Project Association and obtain authorization therefor from the Minister of the Korea Forest Service. (3) The promoters shall, when the authorization under paragraph (2) is granted, hand over their duties without delay to the president of the Korea Green Project Association after registering the establishment of the Korea Green Project Association under joint signature. (4) The promoters shall be deemed to be decommissioned on the day when the business of the Korea Green Project Association is commenced. (5) Contributions required for the establishment of the Korea Green Project Association and other necessary expenses shall be borne by the Green Fund. Article 9 (Transitional Measures concerning Succession of Rights and Duties regarding Green Fund) All rights and duties of the National Forestry Cooperatives Federation related to the administration and management of the Green Fund under Article 104 of the previous Forestry Act at the time of the entry into force of this Act shall be succeeded to by the Minister of the Korea Forest Service. Article 10 (Transitional Measures concerning Penal Provisions and Fines for Negligence) The application of penal provisions and fines for negligence to the acts committed prior to enforcement of this Act shall be governed by the provisions of the previous Forestry Act. Article 11 Omitted. Article 12 (Relationship with Other Acts) Where any other Act cites the previous Forestry Act or its provisions at the time of the entry into force of this Act and where there are, in this Act, the provisions corresponding to the cited ones, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions. ADDENDA <Act No. 8283, Jan. 26, 2007> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. Articles 2 through 12 Omitted. ADDENDA <Act No. 8346, Apr. 11, 2007> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 13 Omitted. ADDENDA <Act No. 8753, Dec. 21, 2007> (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Contribution of Green Fund) The Minister of the Korea Forest Service may use the Green Fund as a contribution to cover working expenses and other expenses incurred in promoting the environmental functions of forests and in developing overseas forest resources. ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 7 Omitted. ADDENDA <Act No. 9313, Dec. 31, 2008> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted. ADDENDUM <Act No. 9716, May 27, 2009> This Act shall enter into force six months after the date of its promulgation. ADDENDA <Act No. 9763, Jun. 9, 2009> Article 1 (Enforcement Date) This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.) Articles 2 through 8 Omitted. ADDENDA <Act No. 9961, Jan. 25, 2010> (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 78 and the amended provisions of Article 7 of the Creation and Management of Forest Resources Act (Act No. 7678) shall enter into force on the date of their promulgation and the amended provision of Article 23 (1) shall enter into force five years after the date of its promulgation. (2) (Transitional Measures concerning Delegation and Entrustment of Forest Projects) Where a contract of delegating or entrusting the forest projects prior to the enforcement of the amended provision of Article 23 (1) was executed, the previous provision shall apply. ADDENDA <Act No. 10250, Apr. 12, 2010> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. Articles 2 through 9 Omitted. ADDENDA <Act No. 10331, May 31, 2010> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) Articles 2 through 13 Omitted. ADDENDA <Act No. 10481, Mar. 29, 2011> (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Applicability concerning Revocation, etc. of Registration of Forest Project Corporations) The amended provisions of Article 25 and 26 (2) shall apply even to a reason occurred before this Act enters into force: Provided, That this shall not exercise influence on the effect of disposition, etc. pursuant to previous provisions. (3) (Transitional Measures concerning Registration of Forest Project Corporations) The forest project corporations established pursuant to previous provisions at the time this Act enters into force shall be deemed to have been registered pursuant to this Act. ADDENDA <Act No. 11429, May 23, 2012> Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. Articles 2 through 5 Omitted. ADDENDA <Act No. 11456, Jun. 1, 2012> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 23 (4) 2 shall enter into force on the date of promulgation. Article 2 (Applicability concerning Return of Forest Project Subsidies) The amended provisions of Article 65 shall apply beginning from the forest for which the installation of forest management infrastructure is begun or which is created with the subsidy or support from the Sate or a local government for the first time after this Act enters into force. Article 3 (General Transitional Measures concerning Disposition, etc.) Acts of administrative agencies or acts toward administrative agencies pursuant to previous provisions at the time this Act enters into force shall be deemed acts of administrative agencies or acts toward administrative agencies pursuant to this Act corresponding to such previous provisions. Article 4 (Transitional Measures concerning Charges for Registration of Plant Varieties) Notwithstanding the amended provisions of Article 18 (5), previous provisions shall apply to the registration of a plant variety for which an application is filed at the time this Act enters into force. Article 5 (Transitional Measures concerning National Forest Management Bodies) The forestry technicians' forest management bodies registered at institutions affiliated with the Korea Forest Service, which have been organized pursuant to the Forestry and Mountain Villages Development Promotion Act and related Acts and subordinate statutes at the time this Act enters into force shall be deemed national forest management bodies registered pursuant to this Act: Provided, That where they have failed to meet the requirements for registration pursuant to the amended provisions of Article 23-2 (3), they shall again make registration after meeting the requirements for registration within one year from the date this Act enters into force. Article 6 (Transitional Measures concerning Corporate Managed Forests) A person who owns and manages a corporate forest after being given recommendation pursuant to previous provisions at the time this Act enters into force shall be deemed to have been given designation of a zone under corporate forest management plan over an area in which relevant forest exists, as prescribed in the amended provisions of Article 38 (3). ADDENDA <Act No. 11690, Mar. 23, 2013> Article 1 (Enforcement Date) (1) This Act shall enter into force on the date of its promulgation. (2) Omitted. Articles 2 through 7 Omitted. ADDENDA <Act No. 12248, Jan. 14, 2014> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. Articles 2 through 25 Omitted. ADDENDA <Act No. 12412, Mar. 11, 2014> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 and 3 Omitted. ADDENDA <Act No. 12415, Mar. 11, 2014> Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Restrictions to Financial Support) The amended provisions of Article 65-2 shall also apply to a person who requests financial support pursuant to Article 64 after this Act enters into force, being one in receipt of a request to repay a forest project subsidy pursuant to the former Article 65 before this Act enters into force, or one subject to an order to repay a project subsidy pursuant to Article 33-2 (1) of the Subsidy Management Act. Article 3 (Transitional Measures concerning Registration of Seeds and Seedlings Growers) The registration, administrative measures, and other acts, completed, taken, and done by a Mayor/Do Governor, and the filing of applications and reports with, and other acts done towards, a Mayor/Do Governor regarding the seeds and seedlings cultivation under the former provisions as at the time of this Act enters into force shall be deemed an act done by or towards the head of a Si/Gun/Gu under the amended provisions of Article 16. Article 4 (Transitional Measures concerning Designation, etc. of Experimental Forests) Experimental forests designated by the head of a regional forest service under the former provisions as at the time of this Act enters into force shall be deemed designated by the Minister of Korea Forest Service under the amended provisions of Article 47 (1).