Grassland Act


Published: 2011-07-28

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the development of the livestock industry by providing for matters concerning the development, management, use, and conservation of grasslands.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 3539, Dec. 31, 1981; Act No. 3886, Dec. 31, 1986; Act No. 4378, May 31, 1991; Act No. 5153, Aug. 8, 1996; Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999; Act No. 7995, Sep. 27, 2006; Act No. 8852, Feb. 29, 2008>
1. The term "grassland" refers to land used for growing improved varieties of perennial pasture grass, fodder fields, and the land for pasture roads, access roads, livestock pens, and incidental facilities specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;
2. The term "fodder fields" refers to parcels of land for growing annual plants to produce coarse fodder;
3. The term "undeveloped area" refers to an area of land suitable for the development of grasslands (including farmland considered essential for the development of grasslands) but not yet used as grassland, irrespective of whatever statutory designation has been given to the land, such as a forest, a barren land, a natural grassland, a marsh, a disused salt farm, a dried river site, or a reclaimed land surrounded by tide embankments;
4. The term "diversion of a grassland" means that a grassland is used for any purpose of use other than grassland by altering the form and quality of the grassland or by installing a facility or structure that obstructs its use as grassland;
5. Deleted. <by Act No. 5763, Feb. 5, 1999>
6. The term "grassland development cost" means the cost calculated and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries as the cost required for developing a grassland of one hectare.
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 Article 3 (Restrictions on Development of Grasslands)   print
(1) No parcel of land that falls under any of the following subparagraphs shall be developed as a grassland: <Amended by Act No. 3539, Dec. 31, 1981; Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999; Act No. 7167, Feb. 9, 2004; Act No. 7297, Dec. 31, 2004; Act No. 7995, Sep. 27, 2006; Act No. 10977, Jul. 28, 2011>
1. Land that has been used, or is planned to be used, for public purposes, public interest, or conservation by the State or a local government;
2. A seed-gathering forest, an experimental forest, or a gene resource protection forest;
3. A national cemetery, a public cemetery, a private graveyard, or a reserved site designated as a national or public cemetery by the State or a local government;
4. An urban area under the National Land Planning and Utilization Act;
5. An ecosystem or scenic-view conservation area under Article 12 of the Natural Environment Conservation Act;
6. A special zone for protection of wild fauna and flora under Article 27 of the Wildlife Protection and Management Act.
(2) If an undeveloped area is within an area the use of which is subject to restriction under any other Act, such as a reserved mountainous district under the Management of Mountainous Districts Act, an erosion control area under the Work against Land Erosion or Collapse Act, a natural park under the Natural Parks Act, a development restriction zone under the National Land Planning and Utilization Act, a national industrial complex, a general industrial complex, an urban high-tech industrial complex, or an agro-industrial complex under the Industrial Sites and Development Act, a promotional area under the Industrial Cluster Development and Factory Establishment Act, (including the areas of land under paragraph (1) 1, 2, and 4), the head of the competent Si, Gun, or autonomous Gu (hereinafter referred to as the "head of a Si/Gun") may consult with the head of the appropriate administrative agency to divert it to an area of land for developing a grassland. <Newly Inserted by Act No. Act No. 3539, Dec. 31, 1981; Act No. 3886, Dec. 31, 1986; Act No. 4212, Jan. 13, 1990; Act No. 4216, Jan. 13, 1990; Act No. 4378, May 31, 1991; Act No. 5111, Dec. 29, 1995; Act No. 5153, Aug. 8, 1996; Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999; Act No. 6841, Dec. 30, 2002; Act No. 6842, Dec. 30, 2002; Act No. 7995, Sep. 27, 2006; Act No. 8337, Apr. 6, 2007>
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 Article 4 Deleted. <by Act No. 5324, Apr. 10, 1997>   print
CHAPTER II DEVELOPMENT OF GRASSLAND
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 Article 5 (Permission for Development of Grassland)   print
(1) A person who intends to develop a grassland shall file an application for approval for the development of the grassland with the head of a Si/Gun having jurisdiction of the area of land. <Amended by Act No. 7995, Sep. 27, 2006>
(2) The head of a Si/Gun may add conditions prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as the period for the development of the grassland, to the permission for the development of grassland under paragraph (1). <Amended by Act No. 5324, Apr. 10, 1997; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 3539, Dec. 31, 1981]
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 Article 5-2 (Survey on Feasibility of Development of Grassland)   print
(1) The head of a Si/Gun shall, upon receiving an application for permission for the development of a grassland pursuant to Article 5 (1), conduct a survey as to whether conditions of the area to be developed are appropriate for the development and use of grassland, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 3886, Dec. 31, 1986; Act No. 5153, Aug. 8, 1996; Act No. 5324, Apr. 10, 1997; Act No. 8852, Feb. 29, 2008>
(2) A person who conducts a survey under paragraph (1) may, if necessary for the survey, enter the land at issue or another's adjacent land or alter or remove standing trees, soil, rocks, or other obstacles from such land.
(3) A surveyor who intends to alter or remove obstacles pursuant to paragraph (2) shall notify the owner, occupant, or caretaker of the land of his/her intention in advance.
(4) A person who conducts a survey pursuant to paragraph (1) shall carry an identification card indicating his/her authority with him/her and produce it to people concerned.
(5) The head of a Si/Gun shall, if a person has sustained damage or a loss due to the entrance or the alteration or removal of obstacles under paragraph (2), compensate him/her for such damage or loss, as prescribed by Presidential Decree. <Amended by Act No. 5324, Apr. 10, 1997>
(6) Deleted. <by Act No. 5324, Apr. 10, 1997>
[This Article Newly Inserted by Act No. 3539, Dec. 31, 1981]
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 Article 6 Deleted. <by Act No. 5763, Feb. 5, 1999>   print
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 Article 7 Deleted. <by Act No. 5324, Apr. 10, 1997>   print
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 Article 8 Deleted. <by Act No. 5763, Feb. 5, 1999>   print
CHAPTER III Deleted.
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 Articles 9 Deleted. <by Act No. 3539, Dec. 31, 1981>   print
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 Articles 10 Deleted. <by Act No. 3539, Dec. 31, 1981>   print
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 Article 11 (Succession to Status)   print
If a person to whom the permission for the development of a grassland was granted pursuant to Article 5 is dead or transfers or leases the land to a third person, the heir, transferee, or tenant shall succeed to rights and obligations that have arisen from the permission for the development of the grassland, unless the heir, transferee, or tenant has expressed his/her dissent.
[This Article Wholly Amended by Act No. 5763, Feb. 5, 1999]
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 Article 12 (Cancellation of Permission)   print
(1) The head of a Si/Gun may cancel the permission under Article 5 in any of the following cases: <Amended by Act No. 3539, Dec. 31, 1981; Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999>
1. If a person does not commence the project even one year after the date of permission or has suspended the project for one year or more since he/she commenced the project;
2. If a person obtained the permission by deceit or other fraudulent means;
3. If a person violated any condition of the permission;
4. Deleted. <by Act No. 5763, Feb. 5, 1999>
5. If a person who inherited, acquired, or leased the land before the development of the grassland was completed expressed his/her dissent to the succession to the status under Article 11.
(2) through (5) Deleted. <by Act No. 5454, Dec. 13, 1997>
(6) Deleted. <by Act No. 5324, Apr. 10, 1997>
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 Article 12-2 Deleted. <by Act No. 7995, Sep. 27, 2006>   print
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 Article 13 (Financial Support)   print
(1) The Government may grant a full or partial subsidy or loan for funds necessary for the development of grassland under this Act. <Amended by Act No. 4378, May 31, 1991>
(2) The Minister for Food, Agriculture, Forestry and Fisheries may, if he/she considers it necessary, grant the subsidy under paragraph (1), fully or partially, to the project implementer even before the completion of the project. <Amended by Act No. 3886, Dec. 31, 1986; Act No. 5153, Aug. 8, 1996; Act No. 8852, Feb. 29, 2008>
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 Article 14 Deleted. <by Act No. 5324, Apr. 10, 1997>   print
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 Article 15 Deleted. <by Act No. 5324, Apr. 10, 1997>   print
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 Article 15-2 (Lease and Development of Undeveloped Private Land, etc.)   print
(1) The lease relationship in cases where undeveloped private land is leased to develop a grassland shall be subject to the following terms and conditions: <Amended by Act No. 5763, Feb. 5, 1999>
1. The term of lease shall be subject to an agreement between parties but shall not be less than five years: Provided, That it shall be five years if parties fail to reach agreement;
2. The term of lease may be extended consecutively by an agreement between parties;
3. Deleted. <by Act No. 5763, Feb. 5, 1999>
4. The rent per annum in the case of subparagraph 1 or 2 shall be subject to an agreement between parties, but shall not exceed 1/100 of the price of the undeveloped land at the commencement of development (or the price of the adjoining undeveloped land at the time of extension, in cases where the term of lease is extended): Provided, That the rent shall be 1/100 if parties fail to reach an agreement;
5. Rent under subparagraph 4 shall be paid from the year immediately after the year in which the development of grassland is completed.
(2) and (3) Deleted. <by Act No. 5763, Feb. 5, 1999>
(4) If the ownership of a grassland is transferred during the term of lease under paragraph (1) 1 or 2, the lease relationship between the successor to the ownership and the tenant shall be deemed to remain effective. <Amended by Act No. 5763, Feb. 5, 1999>
(5) A person who intends to lease and develop undeveloped private land under the lease relationship under paragraph (1) shall obtain consent of the landowner before he/she files an application for permission for the development of grassland under Article 5.
[This Article Wholly Amended by Act No. 5324, Apr. 10, 1997]
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 Article 16 Deleted. <by Act No. 5324, Apr. 10, 1997>   print
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 Article 17 (Loan of State-Owned or Public Land)   print
(1) A person who has obtained permission to develope grassland in State-owned or public land shall file an application for loan with the competent property administration authority within 15 days after the date of permission, and the property administration authority shall loan the land without delay, notwithstanding any provision of any other Act to the contrary, unless any exceptional circumstance exists to the contrary. <Amended by Act No. 4378, May 31, 1991>
(2) The term of a loan under paragraph (1) shall be five years.
(3) When the term of a loan expires, the competent property administration authority shall extend the term of loan for another five years or more consecutively: Provided, That the property administration authority may terminate the loan contract if it intends to use the loaned land directly for public interest. <Amended by Act No. 4378, May 31, 1991>
(4) Notwithstanding the body of paragraph (3), a property administration authority may decide not to extent the term of loan for the land that has been loaned for more than 25 years since the day on which the development of grassland was completed, taking into consideration whether the purpose of development of grassland have been achieved and the actual state of use of the grassland. <Newly Inserted by Act No. 10243, Apr. 12, 2010>
(5) A property administration authority shall, when it terminates a loan contract pursuant to the proviso to paragraph (3), give the person who manages the grassland a reasonable period necessary to relocate the livestock farm and shall also reimburse costs invested for the development of the grassland and the installation of livestock pens and incidental facilities. <Amended by Act No. 4378, May 31, 1991; Act No. 10243, Apr. 12, 2010>
(6) A person who develops or manages a grassland may install livestock pens and other permanent facilities specified by Presidential Decree on the grassland developed on the State-owned or public land pursuant to paragraph (1) without being subject to a condition that such permanent facilities shall be donated to the State or the competent local government or removed, or that the land shall be restored to the original condition, notwithstanding provisions of the State Forest Administration and Management Act, if he/she installs such facilities for the use of the grassland. <Amended by Act No. 4378, May 31, 1991; Act No. 7677, Aug. 4, 2005; Act No. 10243, Apr. 12, 2010>
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 Article 18 (Loan Fee for State-Owned or Public Land)   print
The loan fee for State-owned or public land loaned pursuant to Article 17 shall be specified by Presidential Decree within 1/100 of the price of undeveloped land at the time of loan (or the land price of adjoining undeveloped land at the time of extension of the period of loan, in cases where the period is extended), notwithstanding provisions of the State Property Act, the Local Finance Act, and the State Forest Administration and Management Act. <Amended by Act No. 5324, Apr. 10, 1997; Act No. 7677, Aug. 4, 2005>
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 Article 19 (Appraisal of Land Price)   print
The land price under Article 15-2 (1) 4 or 18 shall be appraised by applying the publicly notified individual land price for the land at issue under the Public Notice of Values and Appraisal of Real Estate Act (referring to an amount calculated based on the publicly notified land price under Article 9 of the aforesaid Act, if there is no publicly notified individual land price for the land at issue). <Amended by Act No. 7335, Jan. 14, 2005>
[This Article Wholly Amended by Act No. 5324, Apr. 10, 1997]
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 Article 20 (Relationships with Other Acts)   print
(1) If the permission for the development of a grassland is granted pursuant to Article 5, the following permission, authorization, approval, or similar shall be deemed to have been granted: <Amended by Act No. 3539, Dec. 31, 1981; Act No. 3886, Dec. 31, 1986; Act No. 4378, May 31, 1991; Act No. 4748, Mar. 24, 1994; Act No. 4817, Dec. 22, 1994; Act No. 5111, Dec. 29, 1995; Act No. 5324, Apr. 10, 1997; Act No. 5893, Feb. 8, 1999; Act No. 6841, Dec. 30, 2002; Act No. 7678, Aug. 4, 2005; Act No. 8337, Apr. 6, 2007; Act No. 8338, Apr. 6, 2007; Act No. 8352, Apr. 11, 2007; Act No. 10331, May 31, 2010>
1. Permission to occupy and use public waters under Article 5 of the Public Waters Management Act;
2. Permission to occupy and use a river under Article 33 of the River Act, permission for activities within a flood control zone under Article 38 of the aforesaid Act, or permission to use river water under Article 50 of the aforesaid Act;
3. Permission for, or reporting on, the conversion of mountainous districts and temporary use of mountainous districts under Articles 14, 15 and 15-2 of the Management of Mountainous Districts Act (excluding state forests specified by Presidential Decree for the efficient management of state forests, taking into consideration their location, composition, and size), authorization to revise a forest management plan under Article 13 (5) of the Forest Resources Creation and Management Act, and permission for, or reporting on, cutting standing trees under Article 19 (5), 36 (1) or (4), or 45 (1) or (2) of the aforesaid Act;
4. Cancellation of designation of an erosion control area under Article 20 of the Work against Land Erosion or Collapse Act;
5. Deleted. <by Act No. 5324, Apr. 10, 1997>
6. Permission to divert farmland under Article 34 (1) of the Farmland Act;
7. Deleted. <by Act No. 3642, Dec. 31, 1982>
8. Permission to change the form and quality of land within an industrial complex area under Article 12 of the Industrial Sites and Development Act.
(2) A person who desires to become eligible for constructive permission, authorization, approval, or similar under paragraph (1) shall submit relevant documents specified by applicable Acts, when he/she files an application for permission for the development of grassland.
(3) The head of a Si/Gun shall, if a matter under any subparagraph of paragraph (1) is involved in connection with the permission for the development of grassland, consult with the head of the appropriate administrative agency in advance on the matter.
CHAPTER IV FOLLOW-UP MANAGEMENT OF GRASSLAND
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 Article 21 Deleted. <by Act No. 7995, Sep. 27, 2006>   print
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 Article 21-2 (Restrictions on Activities within Grassland)   print
No one shall conduct any of the following activities without the permission of the head of a Si/Gun within grassland developed with the permission under Article 5: <Amended by Act No. 8852, Feb. 29, 2008>
1. Changing the form or quality of land or installing a structure;
2. Installing a grave;
3. Extracting and removing soil and rocks;
4. Other activities specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries as those that hinder the use of grassland.
[This Article Newly Inserted by Act No. 5763, Feb. 5, 1999]
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 Article 22 Deleted. <by Act No. 5763, Feb. 5, 1999>   print
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 Article 23 (Diversion of Grassland, etc.)   print
(1) The use of a grassland developed pursuant to this Act may be diverted only in any of the following cases: <Amended by Act No. 7995, Sep. 27, 2006; Act No. 9366, Jan. 30, 2009>
1. Where a grassland is diverted for a site for important industrial facilities, facilities for public interest, residential facilities, or facilities for tourism;
2. Where a grassland is diverted for a site of a residence built by a farmer under subparagraph 2 of Article 2 of the Farmland Act;
3. Where a grassland is diverted for a site for a facility for treatment, processing, or storage of agricultural produce of fisheries products or an agricultural or fisheries facility;
4. Where a grassland is diverted for a field for growing agricultural produce: Provided, That only a grassland with a gradient of 15 percent or less may be diverted for a site for any purpose other than fruit growing;
5. Where a grassland is diverted to be designated as an investment promotion district in Jeju pursuant to Article 217 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
6. Where a grassland is diverted to be designated as a free economic zone pursuant to Article 4 of the Act on Designation and Management of Free Economic Zones;
7. Where a grassland is diverted to be designated a a special economic zone pursuant to Article 9 (1) of the Act on Special Cases concerning the Regulation of the Special Economic Zones for Specialized Regional Development;
8. Where a grassland is diverted for supporting start-up businesses under Article 2 of the Support for Small and Medium Enterprise Establishment Act;
9. Where a grassland is diverted for a site for a facility that the head of a Si/Gun considers particularly necessary, subject to prior consultation with the competent Mayor/Do Governor.
(2) A person who intends to divert a grassland for other purpose pursuant to paragraph (1) shall obtain permission from the head of a Si/Gun. The same shall also apply when a person intends to modify an important matter specified by Presidential Decree, such as the area or bounds of the grassland subject to the intended diversion. <Newly Inserted by Act No. 7995, Sep. 27, 2006>
(3) Notwithstanding paragraph (2), a person who intends to divert a grassland after the lapse of 25 years from the date on which the development of the grassland was completed shall report his/her intention to the head of a Si/Gun. The same shall also apply when a person intends to modify any reported matter. <Newly Inserted by Act No. 7995, Sep. 27, 2006>
(4) The State or a local government shall, when it intends to divert a grassland in order to use it as a site for a public facility or a facility for public interest, consult with the head a Si/Gun in stead of the permission or reporting under paragraph (2) or (3). The same shall also apply when it intends to modify a matter already consulted on. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999; Act No. 7995, Sep. 27, 2006>
(5) Notwithstanding paragraphs (2) and (3), a person who intends to use a grassland developed pursuant to this Act as a site for livestock pens for growing livestock under subparagraph 1 of Article 2 of the Livestock Industry Act (excluding livestock pens under subparagraph 1 of Article 2 may use the grassland for such purpose without necessarily obtaining the permission for diversion of grassland or reporting thereon. <Newly Inserted by Act No. 6697, May 13, 2002; Act No. 7995, Sep. 27, 2006>
(6) A person who intends to divert a grassland after obtaining the permission, reporting, or completing consultation pursuant to paragraph (2), (3), or (4) (including cases where the permission, report, or consultation shall be deemed to have been granted, made, or completed pursuant any other Act) shall pay the cost of development of substitute grassland to the fund for the development of the livestock industry under Article 43 of the Livestock Industry Act: Provided, That the payment may be abated or exempted in cases under any provision of paragraph (1) 5 through 8 or in any of the following cases: <Amended by Act No. 4557, Jun. 11, 1993; Act No. 5153, Aug. 8, 1996; Act No. 5324, Apr. 10, 1997; Act No. 5720, Jan. 29, 1999; Act No. 5763, Feb. 5, 1999; Act No. 6697, May 13, 2002; Act No. 7849, Feb. 21, 2006; Act No. 7995, Sep. 27, 2006; Act No. 8354, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
1. Where the grassland is diverted for an important industrial facility specified by Presidential Decree;
2. Where the State or a local government diverts it for a public purpose or the public interest;
3. Where the grassland is diverted for a site necessary for agriculture, livestock industry, forestry, or fisheries;
4. Deleted. <by Act No. 7995, Sep. 27, 2006>
5. Where the grassland is diverted to a site necessary for a facility for a golf club business that falls within the registered sports facility business under Article 10 (1) 1 of the Installation and Utilization of Sports Facilities Act, among development projects with approval given for implementation pursuant to Article 229 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
6. Where slight diversion specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries is made for another purpose to the grassland.
(7) Matters concerning the procedure for the permission for, reporting on, or consultation on the diversion of grassland under paragraph (2), (3), or (4) and the guidelines and procedures for the payment, abatement, and exemption of the costs of development of substitute grassland under paragraph (6) shall be prescribed by Presidential Decree. <Amended by Act No. 6697, May 13, 2002; Act No. 7995, Sep. 27, 2006>
[This Article Wholly Amended by Act No. 4378, May 31, 1991]
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 Article 23-2 (Cancellation of Permission for Diversion, etc.)   print
(1) The head of a Si/Gun may, if a person who obtained permission to divert grassland or reported on such diversion pursuant to Article 23 (2) or (3) falls under any of the following subparagraphs, cancel the permission or order the person to suspend related construction works, suspend the project, reduce the scale of the project, or revise the project plan, or take other necessary measures, as prescribed by Presidential Decree:
1. If the person obtained the permission or made the report fraudulently or by other wrongful means;
2. If the person breached the purpose or a condition of the permission or revised the project plan or the scale of the project without permission or reporting;
3. If the person fails to commence the target project of the diversion of grassland for two years or more after obtaining permission or making a report without a justifiable reason, specified by Presidential Decree, such as a revision to the project plan related to the target project of the diversion of grassland, or has suspended construction works for one year or more since the person commenced the target project of the diversion of grassland;
4. If the person fails to pay the cost of development of substitute grassland under Article 23 (6).
(2) Notwithstanding paragraph (1), if a person to whom permission to divert grassland was granted falls under paragraph (1) 1 or violates an order to take a measure pursuant to paragraph (1), the permission shall be cancelled.
[This Article Newly Inserted by Act No. 7995, Sep. 27, 2006]
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 Article 24 (Survey on Actual State of Management of Grassland)   print
(1) The head of a Si/Gun shall survey necessary matters at least annually to ascertain the actual state of management of grassland: as regards a grassland under the management of the State or a local government, the head of the administrative agency or local government that is responsible for the management of a grassland shall conduct such survey and notify the head of a Si/Gun of results thereof. <Amended by Act No. 4378, May 31, 1991>
(2) Deleted. <by Act No. 7995, Sep. 27, 2006>
(3) Deleted. <by Act No. 4378, May 31, 1991>
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 Article 24-2 (Measures for Grassland Unmanageable as Grassland)   print
(1) The head of a Si/Gun may exclude a grassland from the category of grassland, if the grassland falls under any of the following subparagraphs: <Amended by Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999; Act No. 7995, Sep. 27, 2006>
1. If the grassland has been diverted without obtaining permission, making a report, or completing consultation in violation of Article 23 or has been diverted with permission obtained by any fraudulent means and it is impossible to conserve the grassland;
2. If the person who is responsible for the management of the grassland relinquishes the management due to changes in conditions for the use of the grassland as a consequence of a project implemented pursuant to any other Act or subordinate statute;
3. If no person is responsible for the management of the grassland or if it is unclear who is responsible for the management of the grassland;
4. If 25 years have passed since the development of the grassland was completed and the grassland has not been managed nor used for two or more consecutive years without a natural disaster or any other unavoidable cause or event;
5. If other ground specified by Presidential Decree exists to determine that the grassland has lost its functions as grassland.
(2) If a grassland developed on State-owned or public land loaned pursuant to Article 17 (1) is excluded from the category of grassland pursuant to paragraph (1), the competent property administration authority may terminate the loan contract. <Amended by Act No. 5324, Apr. 10, 1997; Act No. 5763, Feb. 5, 1999>
(3) Deleted. <by Act No. 5763, Feb. 5, 1999>
[This Article Newly Inserted by Act No. 4378, May 31, 1991]
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 Article 24-3 (Demolition of Permanent Facilities)   print
(1) A person who installed a permanent facility on a grassland developed on State-owned or public land loaned pursuant to Article 17 (1) shall demolish the permanent facility installed on the State-owned or public land within the period given by the competent property administration authority, if the loan contract is terminated pursuant to Article 24-2 (2): Provided, That a person may be exempted from the obligation to demolish at the request of the person, if the competent property administration authority concludes that it is impossible or unnecessary to demolish the permanent facility or if 25 years have passed since the development of the grassland was completed. <Amended by Act No. 5763, Feb. 5, 1999; Act No. 7995, Sep. 27, 2006>
(2) In cases where a person who owes an obligation to demolish a permanent facility is exempted from the obligation to demolish it pursuant to the proviso to paragraph (1), the ownership of the permanent facility shall become vested in the State at the time when the permanent facility is installed on State-owned land or in a local government at the time it is installed on public land.
(3) If a person who owes the obligation to demolish a permanent facility pursuant to paragraph (1) does not demolish it even after the lapse of the period given for the demolition, the competent property administration authority may demolish the permanent facility, as provided for in the Administrative Vicarious Execution Act.
[This Article Newly Inserted by Act No. 4378, May 31, 1991]
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 25 Deleted. <by Act No. 5763, Feb. 5, 1999>   print
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 Article 26 Deleted. <by Act No. 4378, May 31, 1991>   print
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 Article 27 (Restoration to Original State)   print
(1) The head of a Si/Gun may, when he/she cancels permission for the development of grassland pursuant to Article 12 or cancels permission for the diversion of grassland pursuant to Article 23-2, order the person with permission cancelled to restore the land to its original condition within a given period. <Amended by Act No. 5324, Apr. 10, 1997; Act No. 7995, Sep. 27, 2006>
(2) If a person who was ordered to restore the land to its original condition pursuant to paragraph (1) fails to comply with the order within a given period and if abandoning the land is considered seriously hazardous to the public, the permitting authority may restore the land to its original condition on behalf of the person with permission cancelled and may recover expenses incurred in such restoration from the person.
(3) If a person does not pay expenses with a given period in the case of paragraph (2), such expenses may be collected in the same manner as delinquent national taxes are collected.
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 Article 27-2 (Sale of Land Developed to Grassland)   print
(1) A property administration authority that loaned public land pursuant to Article 17 shall, when it intends to sell the land, give a right of first refusal in the sale to the person who borrowed the land.
(2) Notwithstanding provisions of the Local Finance Act, etc., the sale price of the land under paragraph (1) shall be the land price for the adjoining undeveloped land appraised by an appraiser at the time of sale. <Amended by Act No. 4378, May 31, 1991>
[This Article Newly Inserted by Act No. 3539, Dec. 31, 1981]
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 Article 28 (Delegation of Authority)   print
The Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority under this Act to each Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, each Mayor/Do Governor may redelegate the delegated authority to the head of a Si/Gun, subject to approval of the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 3886, Dec. 31, 1986; Act No. 4378, May 31, 1991; Act No. 5153, Aug. 8, 1996; Act No. 8852, Feb. 29, 2008>
law view
 Article 29 (Hearing)   print
The head of a Si/Gun shall hold a hearing when he/she intends to make any of the following dispositions:
1. Cancellation of permission for the development of grassland under Article 12;
2. Cancellation of permission for the diversion of grassland under Article 23-2.
[This Article Newly Inserted by Act No. 7995, Sep. 27, 2006]
CHAPTER VI PENAL PROVISIONS
law view
 Article 30 (Penal Provisions)   print
A person who diverted grassland for any other purpose without obtaining permission or making a report in violation of Article 23 (2) or (3) or who obtained permission for the diversion of grassland by a fraudulent means shall be punished by imprisonment with prison labor for not less than one year or a fine not exceeding three times the amount calculated by multiplying the cost of development of grassland for the year, in which such a fact is discovered, by the area (hectare) of the diverted portion. <Amended by Act No. 3886, Dec. 31, 1986; Act No. 5763, Feb. 5, 1999; Act No. 6697, May 13, 2002; Act No. 7995, Sep. 27, 2006>
law view
 Article 31 (Penal Provisions)   print
A person who violates any subparagraph of Article 21-2 shall be punished by a fine not exceeding five million won. <Amended by Act No. 5763, Feb. 5, 1999>
[This Article Wholly Amended by Act No. 5324, Apr. 10, 1997]
law view
 Article 31-2 Deleted. <by Act No. 7995, Sep. 27, 2006>   print
law view
 Article 32 (Joint Penal Provisions)   print
If the representative of a legal entity or an agent, an employee, or a servant of a legal entity or a private individual commits an offense under Article 30 or 31 in the scope of the business of the legal entity or the private individual, not only shall such offender be punished accordingly, but the legal entity or the private individual shall also be punished by the fine prescribed in the corresponding provisions: Provided, That the foregoing shall not apply to cases where the legal entity or private individual has not neglected to take due care and supervision over the business to prevent such a violation.
[This Article Wholly Amended by Act No. 10243, Apr. 12, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measure)
A disposition made pursuant to former provisions before this Act enters into force shall be deemed to have been made pursuant to this Act.
Article 4 (Same as above)
A loan made to a person who has developed a grassland on State-owned or public land loaned pursuant to former provisions shall be deemed to be been given pursuant to this Act on the enforcement date of this Act.
Article 5 (Same as above)
As to acts committed before this Act enters into force, former penal provisions shall apply.
Article 6 (Transitional Measures concerning Amendments of the Forestry Act, etc.)
(1) The term "Articles 8, 62 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 52), and 90 of the Forestry Act" in subparagraph 3 of Article 20 shall be construed as "Articles 8, 10, 24, and 48 of the Forestry act, Article 2 of the Act on Control of Forestry Products, and Article 10 of the Forest Development Act" until June 30, 1980.
(2) The term "Natural Parks Act" in Article 6 (2) shall be construed as "Parks Act" until May 31, 1980.
ADDENDA <Act No. 3539, Dec. 31, 1981>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) Omitted.
(3) (Transitional Measure) A person who filed an application for selection of the land eligible for the development of grassland pursuant to former provisions before this Act enters into force shall be deemed to have filed an application for permission for the development of grassland under this Act.
ADDENDA <Act No. 3642, Dec. 31, 1982>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1983.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 3886, Dec. 31, 1986>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measure concerning Term of Lease and Rent) The term of lease (including the extended term of lease) and rent for grassland developed by leasing private undeveloped land, not included in a complex development zone, before this Act enters into force shall be determined in accordance with the previous contract until the term of lease expires, notwithstanding Article 14 (3), (4), and (6) that shall otherwise apply mutatis mutandis pursuant to Article 15-2.
ADDENDA <Act No. 4212, Jan. 13, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 4216, Jan. 13, 1990>
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. 4378, May 31, 1991>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Amendments of Other Acts) Omitted.
ADDENDA <Act No. 4557, Jun. 11, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4748, Mar. 24, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 4817, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 5111, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard under the amended provisions of Article 41 within 30 days after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5324, Apr. 10, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Permission for Development and Diversion of Grassland)
(1) Permission granted by a permitting authority to develop or divert grassland pursuant to former provisions before this Act enters into force shall be deemed the permission given to develop or divert grassland pursuant to this Act.
(2) An application filed for permission to develop or divert grassland pursuant to former provisions and pending permission at the time this Act enters into force shall be deemed to have been filed and pending permission pursuant to this Act.
Article 3 (Transitional Measure concerning Restoration to Original Condition)
An order given by a permitting authority under former Article 27 in regard to restoration to original condition shall be deemed to have been given by the head of a Si/Gun pursuant to this Act.
Article 4 (Transitional Measure concerning Land Price for Calculation of Rent, etc.)
The land price that shall serve as the basis for the calculation of the rent or loan fee for the land leased or loaned pursuant to former provisions at the time this Act enters into force shall be determined pursuant to former provisions.
Article 5 (Transitional Measure concerning Application of Penal Provisions)
As to acts committed before this Act enters into force, the former penal provisions shall apply.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 (Transitional Measures concerning Amendments of the Grassland Act, etc.)
(1) The term "the head of a Si/Gun" in the amended provisions of Article 12-2 of the Grassland Act shall be construed as "permitting authority" until April 10, 1998.
(2) through (8) Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5720, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 5763, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measures)
(1) In cases where a landowner intends to manage a grassland developed on private undeveloped land, which was leased before this Act enters into force, before the term of the lease contract expires first after this Act enters into force, former provisions shall apply to payment for costs invested for livestock pens and incidental facilities.
(2) Rents for land and facilities and other charges that a person designated as a management agent before this Act enters into force shall be determined in accordance with former provisions until the end of the contract that expires after this Act enters into force.
ADDENDA <Act No. 5893, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5914, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6697, May 13, 2002>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability of Exemption from Permission for Diversion of Grassland, etc.) The amended provisions of Article 23 (3) shall apply to cases for which a building permit is granted or on which a building report is filed after this Act enters into force.
(3) (Applicability of Abatement or Exemption of Cost of Development of Substitute Grassland) The amended provisions of Article 23 (4) 4 and 5 shall apply to cases in which a grassland is diverted with designation as a Jeju investment promotion district or with approval for the implementation of a development project after this Act enters into force.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 7167, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 30 Omitted.
ADDENDA <Act No. 7297, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7335, Jan. 14, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7677, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 7995, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability of Abatement or Exemption of Cost of Development of Substitute Grassland)
The amended provisions of Article 23 (6) shall apply to cases in which a grassland is diverted with designation as a free economic zone or special development zone or cases where a grassland is diverted for starting up a small or medium enterprise after this Act enters into force.
Article 3 (Applicability of Cancellation of Permission for Diversion of Grassland)
The amended provisions of Article 23-2 shall apply to cases in which permission for diversion of grassland is granted or a report is filed on diversion of grassland after this Act enters into force.
Article 4 (Transitional Measures concerning Permission for Development of Grassland)
(1) A person who obtained permission for the development of grassland pursuant to former provisions at the time this Act enters into force shall be deemed to have obtained the permission for the development of grassland pursuant to this Act.
(2) An application filed for the development of grassland pursuant to former provisions and pending permission at the time this Act enters into force shall be deemed to have been filed and pending permission pursuant to the amended provisions of Article 5 (1).
Article 5 (Transitional Measure concerning Fines for Negligence)
Former provisions shall apply to the imposition of fines for negligence on persons who have failed to make a correction even after receiving an order for correction under former Article 24 (2) at the time this Act enters into force.
Article 6 Omitted.
ADDENDA <Act No. 8337, Apr. 6, 2007>
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. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8354, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
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. 9366, Jan. 30, 2009>
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. 10243, Apr. 12, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability) The amended provisions of Article 17 (4) shall apply to land on which the development of grassland is completed after this Act enters into force.
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. 10977, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.