CHAPTER I GENERAL PROVISIONS
law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to contribute to improving the quality of life of citizens by providing for matters concerning the conservation, use, and management of forestry culture and forest resources for recreation and by providing citizens with comfortable and safe services for forestry culture and recreation.
law view
| Article 2 (Definitions) |
|
The terms used in this Act shall be defined as follows: <Amended by Act No. 10116, Mar. 17, 2010; Act No. 10459, Mar. 9, 2011; Act No. 10845, Jul. 14, 2011>
| 1. |
The term "forestry culture and recreation" means a holistic lifestyle formed through interactions between forests and human beings and activities in forests for mental and physical relaxation and healing; |
| 2. |
The term "natural recreation forest" means a forest developed for citizens' emotional development, relaxation for health, and education on forestry (including recreational facilities and land therein); |
| 3. |
The term "forest bath" means a forest (including facilities and land therein) developed to provide citizens with a place in which they can take a walk and have a physical exercise breathing and feeling clean air in order to improve their health; |
| 4. |
The term "forest therapy" means immune-strengthening and health-promoting activities, utilizing a variety of elements of the forest, including fragrance and scenic view; |
| 5. |
The term "healing woods" means a forest developed for forest therapy (including facilities and land therein); |
| 6. |
The term "forest paths" means paths formed in forests in accordance with Article 23 for activities for mountain climbing, trekking, leisure sports, exploration, or relaxation and healing (including roads outside forests connected thereto); |
| 7. |
The term "cultural assets in a forest" means tangible and intangible assets formed in or in connection with a forest, which are worth preserving in an ecological, scenic and emotional aspect. |
law view
| Article 3 (Responsibilities of State and Local Governments) |
|
The State and each local government shall establish and implement policies for the promotion of forestry culture and recreation and shall ensure that the conservation and use of resources for forestry culture and recreation shall be in balance and harmony.
CHAPTER II BASIC PLANS, ETC. FOR FORESTRY CULTURE AND RECREATION
law view
| Article 4 (Establishment and Implementation of Basic Plans, etc. for Forestry Culture and Recreation) |
|
| (1) |
The Minister of the Korea Forest Service shall establish and implement a basic plan for forestry culture and recreation (hereinafter referred to as "basic plan") every ten years for forests all over the country, subject to consultation with the heads of related central administrative agencies. |
| (2) |
The basic plan under paragraph (1) shall include the following matters: |
| 1. |
Basic objectives and the direction of policies for forestry culture and recreation; |
| 2. |
Matters concerning conditions and prospects of forestry culture and recreation; |
| 3. |
Matters concerning supply and demand of forestry culture and recreation; |
| 4. |
Matters concerning the conservation, use, management, and expansion of resources for forestry culture and recreation; |
| 5. |
Matters concerning facilities for forestry culture and recreation and the safety control thereof; |
| 6. |
Matters concerning the establishment and operation of an information network for forestry culture and recreation; |
| 7. |
Other matters concerning major policies pertaining to forestry culture and recreation. |
| (3) |
The Minister of the Korea Forest Service or a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to "Mayor/Do Governor") shall establish and implement a regional plan for forestry culture and recreation (hereinafter referred to as "regional plan") every ten years in conformity with the basic plan, taking local characteristics of each region into consideration. <Amended by Act No. 10116, Mar. 17, 2010> |
| (4) |
Each Mayor/Do Governor shall submit a report on the results of the implementation of the regional plan for each year to the Minister of the Korea Forest Service. |
| (5) |
The Minister of the Korea Forest Service shall evaluate the results of the implementation of each regional plan, which have been submitted pursuant to paragraph (4), and may support local governments differently according to the results. |
| (6) |
Necessary matters concerning the procedures for the establishment of the basic plan and regional plans under paragraphs (1) and (3) and amendments to such plans shall be prescribed by Presidential Decree. |
law view
| Article 5 (Basic Surveys for Establishing Plans) |
|
| (1) |
Where the Minister of the Korea Forest Service or each Mayor/Do Governor intends to establish or amend the basic plan or a regional plan, he/she shall conduct a basic survey on the current status of resources for forestry culture and recreation and the actual conditions of the use of land in surrounding areas. |
| (2) |
If necessary for efficient surveys, the Minister of the Korea Forest Service or each Mayor/Do Governor shall entrust basic surveys under paragraph (1) to a forestry cooperative established under the Forestry Cooperatives Act (hereinafter referred to as "forestry cooperative") or other legal entities or organizations specified by Presidential Decree. |
law view
| Article 6 (Establishment, Operation, etc. of Information Network for Forestry Culture and Recreation) |
|
The Minister of the Korea Forest Service shall establish and operate an information network for forestry culture and recreation for the purpose of efficiently providing information and data about forestry culture and recreation to users.
law view
| Articles 7 through 11 Deleted.<By Act No. 10940, Jul. 25, 2011> |
|
law view
| Article 11-2 (Forest Therapy Instructors) |
|
| (1) |
The Minister of the Korea Forest Service may accredit persons qualified to instruct forest therapy (hereinafter referred to as "forest therapy instructor") and nurture them, as prescribed by Presidential Decree, in order to promote the forest therapy. |
| (2) |
A forest therapy instructor accredited under paragraph (1) shall be responsible for developing, disseminating, or instructing forest therapy programs prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs in healing woods created pursuant to Article 20. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
None of the following persons may become a forest therapy instructor: |
| 1. |
Any person declared incompetent or quasi-competent; |
| 2. |
Any person in whose case two years have not passed since a sentence of imprisonment without prison labor or a heavier punishment upon him/her was completely executed or discharged; |
| 3. |
Any person who is under the suspended execution or sentence of imprisonment without prison labor or a heavier punishment as declared by the court; |
| 4. |
Any person whose qualifications are forfeited or suspended by a court ruling or operation of law. |
| (4) |
No person other than those whose qualification is accredited pursuant to this Act shall use the title of a forest therapy instructor or any similar titles. |
[This Article Newly Inserted by Act No. 10845, Jul. 14, 2011]
law view
| Article 11-3 (Use, etc. of Forest Therapy Instructors) |
|
| (1) |
The State or local governments may use forest therapy instructors or have them used so that citizens effectively use healing woods. |
| (2) |
The Minister of the Korea Forest Service or heads of local governments may subsidize expenses, etc. incurred by forest therapy instructors in engaging in their activities. |
[This Article Newly Inserted by Act No. 10845, Jul. 14, 2011]
law view
| Article 11-4 (Designation, etc. of Training Institutions of Forest Therapy Instructors) |
|
| (1) |
The Minister of the Korea Forest Service may designate national or public educational institutions and forest therapy-related educational organizations or associations as training institutions of forest therapy instructors, as prescribed by Presidential Decree. |
| (2) |
Education curriculum and period required for training forest therapy instructors 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> |
[This Article Newly Inserted by Act No. 10845, Jul. 14, 2011]
law view
| Article 12 Deleted.<by Act No. 10940, Jul. 25, 2011> |
|
CHAPTER IV DEVELOPMENT, ETC. OF NATURAL RECREATION FORESTS AND FOREST BATHS
law view
| Article 13 (Designation of Natural Recreation Forests and Feasibility Assessment thereon) |
|
| (1) |
The Minister of the Korea Forest Service may designate and develop a State forest under his/her jurisdiction as a natural recreation forest. <Amended by Act No. 10116, Mar. 17, 2010> |
| (2) |
Upon receiving an application for designation from the owner of a public or private forest (including a person who has a right to use or profit therefrom; hereafter the same shall apply in this Chapter and Article 32) or from a person permitted to lease or use a State forest (hereinafter referred to as "lease, etc."), the Minister of the Korea Forest Service may designate the forest that the applicant owns or obtains a lease, etc. as a natural recreation forest. In such cases, procedures for applying for designation shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 10116, Mar. 17, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) |
Where the Minister of the Korea Forest Service intends to designate a natural recreation forest pursuant to paragraph (1) or (2), he/she shall conduct an assessment as to whether the scenic view, location, and area of the forest at issue meet the criteria prescribed by Presidential Decree (hereinafter referred to as "feasibility assessment") and shall determine whether the forest is eligible for designation. The foregoing procedure shall also apply where it is intended to expand the area of a natural recreation forest already designated and alter the designated zone. <Amended by Act No. 10116, Mar. 17, 2010> |
| (4) |
Where the Minister of the Korea Forest Service designates a natural recreation forest pursuant to paragraph (1) or (2), he/she shall notify the applicant and the heads of related administrative agencies of the designation and issue public notice of the name, location, lot numbers, and area of the natural recreation forest and other necessary matters. <Amended by Act No. 10116, Mar. 17, 2010> |
| (5) |
The method of and procedures for feasibility assessment and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 10116, Mar. 17, 2010; Act No. 11690, Mar. 23, 2013> |
law view
| Article 14 (Development of Natural Recreation Forests) |
|
| (1) |
A person who intends to establish a recreation facility or tend woods in a forest designated as a natural recreation forest pursuant to Article 13 (2) shall prepare a plan for the development of the recreation facility or the tending of woods (hereinafter referred to as "plan for the development of a natural recreation forest") for approval from the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. The foregoing procedure shall also apply to an intended amendment to such plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10116, Mar. 17, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) |
Where a Mayor/Do Governor approves a plan for the development of a natural recreation forest, he/she shall notify the Minister of the Korea Forest Service of the approval. |
| (3) |
The types of, and standards for, recreation facilities that may be established within a natural recreation forest shall be prescribed by Presidential Decree. |
| (5) |
The Minister of the Korea Forest Service may grant a full or partial subsidy or loan for the project cost to a person who develops a natural recreation forest according to a plan for the development of a natural recreation forest. |
law view
| Article 15 Deleted.<by Act No. 10116, Mar. 17, 2010> |
|
law view
| Article 16 (Revocation of Approval of Plan for Development of Natural Recreation Forest) |
|
| (1) |
If a person who has obtained an approval of a plan for the development of a natural recreation forest pursuant to Article 14 (1) falls under any of the following subparagraphs, the competent Mayor/Do Governor may revoke the approval: Provided, That the approval shall be revoked in cases under subparagraph 1: <Amended by Act No. 10116, Mar. 17, 2010> |
| 1. |
If a person has obtained the approval by fraud or other wrongful means; |
| 2. |
If a person fails to commence the project for the development of a natural recreation forest within one year from the date of approval, or has suspended the project for one years or more, without a justifiable cause; |
| 3. |
If a person has not performed a project in conformity with the contents of the approved plan for the development of a natural recreation forest without a justifiable cause. |
| 4. |
Deleted. <by Act No. 10116, Mar. 17, 2010> |
| (2) |
Where a Mayor/Do Governor revokes the approval of a plan for the development of a natural recreation forest pursuant to paragraph (1), he/she shall notify the Minister of the Korea Forest Service of the revocation. |
| (3) |
Upon receiving a notice under paragraph (2), the Minister of the Korea Forest Service may order the person, the approval of which is revoked pursuant to paragraph (1), to restore the forest to its original state or may recover the full or a partial amount of the subsidy or loan granted pursuant to Article 14 (5), if any. |
| (4) |
If a person who receives an order to restore a forest to its original state pursuant to paragraph (3) fails to comply with the order, the Minister of the Korea Forest Service may vicariously execute the restoration by applying mutatis mutandis the Administrative Vicarious Execution Act. Costs and expenses required for such vicarious execution may be covered with the charge deposited for restoration in accordance with Article 38 of the Management of Mountainous Districts Act. |
law view
| Article 17 (Entrance Fees, etc. of Natural Recreation Forests) |
|
| (1) |
The owner of a natural recreation forest may collect an entrance fee and charges for the use of facilities from persons who enter the natural recreation forest. |
| (2) |
The guidelines for the collection of the entrance fee and charges for the use of facilities under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree: Provided, That such guidelines applicable to natural recreation forests developed by a local government and other necessary matters shall be prescribed by ordinance of the local government, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10116, Mar. 17, 2010> |
law view
| Article 18 (Resting Year System for Natural Recreation Forests) |
|
| (1) |
The Minister of the Korea Forest Service or the head of a local government may implement a resting year system under which the general public's entry to the whole or part of a state-owned or public natural recreation forest for a specified period shall be restricted or prohibited for purposes of the protection of the natural recreation forest and the safety of users. |
| (2) |
In cases of a natural recreation forest, other than those under paragraph (1), upon its owner's application, the head of a Si (referring to the Governor of the Special Self-Governing Province in cases of a Special Self-Governing Province; hereinafter the same shall apply), a Gun, or an autonomous Gu (hereinafter referred to as "head of a Si/Gun/Gu") may implement the resting year system. <Amended by Act No. 10116, Mar. 17, 2010> |
| (3) |
Where the Minister of the Korea Forest Service or the head of a local government implements the resting year system pursuant to paragraph (1) or (2), he/she shall issue public notice of the location and area of the natural recreation forest, the period of restriction or prohibition of entry, and other matters 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) |
A person who intends to enter a natural recreation forest in resting years shall obtain permission from the Minister of the Korea Forest Service or the head of the competent local government: Provided, That a person may enter such a forest for executing a forestry project or putting out a forest fire or if there is any cause or event specified 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> |
law view
| Article 19 (Cancellation of Designation of Natural Recreation Forest, etc.) |
|
| (1) |
If any of the following causes and events occurs with regard to a forest designated as a natural recreation forest, the Minister of the Korea Forest Service may cancel the designation or alter part of the designated zone: <Amended by Act No. 10116, Mar. 17, 2010> |
| 1. |
Where the person whose forest has been designated as a natural recreation forest requests to cancel the designation or alter the designated zone; |
| 2. |
Where due to damage from a natural disaster or other cause, the forest physiognomy or area of a forest no longer meets the criteria for the feasibility assessment under Article 13 (3); |
| 3. |
Where it is unlikely to accomplish purposes of the designation, or it is necessary to alter the designated zone, due to the execution of a public project. |
| (2) |
Where the Minister of the Korea Forest Service cancels the designation of a natural recreation forest or alter part of the designated zone of a natural recreation forest pursuant to paragraph (1), he/she shall notify the cancellation or alteration to the ower of the forest or the person who possesses the forest under a lease and the heads of related administrative agencies and issue public notice of the name, location, lot numbers, and area of the natural recreation forest and other necessary matters. |
law view
| Article 20 (Development of Forest Baths, etc.) |
|
| (1) |
The Minister of the Korea Forest Service may develop a forest bath or healing woods (hereinafter referred to as "forest bath") in a state-owned forest under his/her jurisdiction. <Amended by Act No. 10116, Mar. 17, 2010> |
| (2) |
Where the owner of a public or private forest or a person who possesses a state-owned forest under a lease intends to develop a forest bath in the forest that he/she owns or possesses under a lease, he/she shall prepare a plan for the development of facilities necessary for the forest bath or the tending of woods (hereinafter referred to as "plan for the development of a forest bath") for approval from the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10116, Mar. 17, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) |
Where a Mayor/Do Governor approves a plan for the development of a forest bath pursuant to paragraph (2), he/she shall notify the Minister of the Korea Forest Service of the approval. <Amended by Act No. 10116, Mar. 17, 2010> |
| (4) |
Necessary matters concerning the kinds and standards of facilities installed in a forest bath developed pursuant to paragraph (1) or (2) shall be prescribed by Presidential Decree. <Amended by Act No. 10116, Mar. 17, 2010> |
| (6) |
The Minister of the Korea Forest Service may grant a full or partial subsidy or loan to a person who develops a forest bath in accordance with a plan for the development of the forest bath. <Amended by Act No. 10116, Mar. 17, 2010> |
law view
| Article 21 (Revocation of Approval of Plan for Development of Forest Bath) |
|
| (1) |
If a person who has obtained an approval of a plan for the development of a forest bath pursuant to Article 20 (2) falls under any of the following subparagraphs, the competent Mayor/Do Governor may revoke the approval: Provided, That such approval shall be revoked in cases under subparagraph 1: <Amended by Act No. 10116, Mar. 17, 2010> |
| 1. |
Where the person has obtained the approval by fraud or other wrongful means; |
| 2. |
Where the person fails to commence the project for the development of the forest bath within one year from the date of approval or has suspended the project for one year or more; |
| 3. |
Where the person fails to perform the project in conformity with the contents of the approved plan for the development of the forest bath, without a justifiable cause. |
| (2) |
Where a Mayor/Do Governor revokes approval pursuant to paragraph (1), he/she shall notify the Minister of the Korea Forest Service of the revocation. |
| (3) |
The Minister of the Korea Forest Service may, upon receiving a notice under paragraph (2), order the person, the approval of which is revoked pursuant to paragraph (1), to restore the forest to its original state or may recover the full or a partial amount of the subsidy or loan granted pursuant to Article 20 (6), if any. |
| (4) |
If a person to whom an order to restore a forest to its original state is issued pursuant to paragraph (3) fails to comply with the order, the Minister of the Korea Forest Service may vicariously execute the restoration by applying mutatis mutandis the Administrative Vicarious Execution Act. In such cases, costs and expenses required for the vicarious execution may be covered by the charge deposited for restoration in accordance with Article 38 of the Management of Mountainous Districts Act. |
law view
| Article 22 (Entrustment of Natural Recreation Forests) |
|
If necessary for the efficient development or management of a natural recreation forest or a forest bath, the Minister of the Korea Forest Service or the head of each local government may entrust the development or management of the natural recreation forest or the forest bath to a local government, a forestry cooperative, or other legal entity or organization specified by Presidential Decree. <Amended by Act No. 10116, Mar. 17, 2010>
CHAPTER V FOREST PATHS, ETC.
law view
| Article 22-2 (Types of Forest Paths) |
|
Types of forest paths shall be as follows:
| 1. |
Mountain trails: Paths for activities to promote mental and physical health by climbing mountains (hereinafter referred to as "mountaineering"); |
| 2. |
Trekking paths: The following paths for activities to walk on the paths to experience local history and culture, enjoy scenery, and promote the health (hereinafter referred to as "trekking"): |
| (a) |
Hiking trails: Paths created around the circumference of a mountain to connect the starting point to the end point of the route; |
| (b) |
Trails: Paths created in a linear manner alongside a mountain range or the foot of a mountain, with their starting and ending points not connected; |
| 3. |
Leisure sports paths: Paths for leisure sports activities in forests (hereinafter referred to as "mountainous leisure sports"); |
| 4. |
Exploratory paths: Paths for activities to explore, learn or observe the forest ecology (hereinafter referred to as "exploration"); |
| 5. |
Forest paths for relaxation and healing: Paths for activities to promote health, such as relaxation and healing, or for recreation in forests. |
[This Article Newly Inserted by Act No. 10459, Mar. 9, 2011]
law view
| Article 22-3 (Establishment, etc. of Master Forest Path Plans) |
|
| (1) |
The Minister of the Korea Forest Service shall establish, every ten years, a master plan for creating and managing forest paths for nationwide forests by type of forest paths classified under Article 22-2 for the purposes of promoting activities, such as mountaineering, trekking, mountainous leisure sports, exploration, or relaxation and healing (hereinafter referred to as "master forest path plan"). |
| (2) |
A master forest path plan shall include the following: |
| 1. |
Basic objectives and direction-setting for forest path policies; |
| 2. |
Demand, circumstances and outlook for forest paths; |
| 3. |
Matters on the system to promote the creation of forest paths and on the establishment of management base; |
| 4. |
Matters on the establishment and operation of forest path information networks; |
| 5. |
Other matters on major policies related to forest paths. |
| (3) |
The Minister of the Korea Forest Service may modify a master forest path plan if deemed necessary to do so in consideration of the feasibility of the master forest path plan and changes in social, local and forest environmental circumstances. |
| (4) |
The head of a regional Forest Service and the head of a local government (hereinafter referred to as "forest path management agency") shall formulate an annual plan for creating and managing forest paths (hereinafter referred to as "annual forest path plan") in regard to forests under their jurisdiction (excluding natural parks designated under the Natural Parks Act; hereafter the same shall apply in this Article) based on a master forest path plan. |
| (5) |
The Minister of the Korea Forest Service and the forest path management agency shall investigate the scheduled routes of forest paths and the current status of the neighboring forests, and the current status of the operation and management of existing forest paths, in order to use them as basic data to formulate a master forest path plan and annual forest path plan or to revise such plan. |
| (6) |
The Minister of the Korea Forest Service and the forest path management agency may entrust investigation duties under paragraph (5) to a corporation or organization prescribed by Presidential Decree, such as a forestry cooperative established under the Forestry Cooperatives Act. |
| (7) |
Matters necessary for the formulation and revision of master forest path plans and annual forest path plans and the investigations under paragraph (5) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10459, Mar. 9, 2011]
law view
| Article 23 (Development, etc. of Forest Paths) |
|
| (1) |
If the forest path management agency intends to create forest paths, it shall establish a plan to create forest paths including the relevant routes of forest paths based on an annual forest path plan and seek the opinions of interested parties (including land owners), as prescribed by Presidential Decree. |
| (2) |
If the forest path management agency recognizes that the creation of forest paths is appropriate after seeking opinions pursuant to paragraph (1), it shall name the relevant forest paths and determine and publicly announce the routes thereof. Public announcement shall also be made for any change in designated routes or the cancellation of designation. |
| (4) |
The formulation of plans to create forest paths under paragraphs (1) and (2), naming forest paths, designation, change, cancellation of designation and the public announcement of forest path routes, 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> |
[This Article Wholly Amended by Act No. 10459, Mar. 9, 2011]
law view
| Article 23-2 (Operation and Management of Forest Paths) |
|
The forest path management agency shall preserve forest paths created pursuant to Article 23 and operate and manage such forest paths, as prescribed by Presidential Decree, in order to enhance the use, safety and convenience thereof.
[This Article Newly Inserted by Act No. 10459, Mar. 9, 2011]
law view
| Article 23-3 (Prohibited Acts around Forest Paths) |
|
No person shall conduct any of the following acts in forest paths or surrounding land:
| 1. |
Damaging forest paths; |
| 2. |
Damaging any structure or agricultural produce or other property owned by others; |
| 3. |
Littering garbage or waste; |
| 4. |
Relocating, making dirty or damaging signs installed by the forest path management agency. |
[This Article Newly Inserted by Act No. 10459, Mar. 9, 2011]
law view
| Article 24 (Assistance to Development, etc. of Forest Paths) |
|
The Minister of the Korea Forest Service may subsidize expenses to be incurred in the creation, operation, management, etc. of forest paths by a local government. In such cases, subsidies may be granted preferentially for any of the following forest paths: <Amended by Act No. 10459, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013>
| 1. |
Major mountainous trails along the ridges that connect peaks of a mountain; |
| 2. |
Hiking trails of major mountains prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs; |
| 3. |
Trails, exploration paths or old paths that are associated to historic or cultural sites or needed to be preserved and managed in a historical and cultural context; |
| 4. |
Leisure sports paths necessary to host national or international mountainous leisure sports events. |
law view
| Article 25 (Resting Year System, etc. of Forest Paths) |
|
| (1) |
For the protection of forest paths and the safety, etc. of forest path users, the forest path management agency may enforce the resting year system or resting period system by designating all of some sections of forest paths for which the entry of the general public is restricted or prohibited for a certain period. <Amended by Act No. 10459, Mar. 9, 2011> |
| (2) |
When the forest path management agency intends to enforce the resting year system or resting period system for forest paths pursuant to paragraph (1), it shall publicly announce the location and area of relevant forest paths, period of restricted or prohibited entry thereto, and other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10459, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013> |
| (3) |
Any person who intends to enter the forest paths subject to the resting year system or resting period system under paragraph (1) shall obtain permission from the forest path management agency: Provided, That he/she may enter without permission for the purposes of implementing forest projects and extinguishing forest fire or where grounds prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs exist. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10459, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013> |
law view
| Article 26 (Negotiated Purchase of Forest Paths, etc.) |
|
If necessary for the preservation of forest paths, the competent forest path management agency may purchase forest paths or the land and standing trees in its surrounding area from the owner through negotiations. In such cases, the purchase price shall be the value calculated in accordance with provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works. <Amended by Act No. 10459, Mar. 9, 2011>
law view
| Article 27 (Provision, etc. of Mountaineering and Trekking Education) |
|
| (1) |
The Minister of the Korea Forest Service may open and operate mountaineering and trekking schools for providing mountaineering and trekking education for the purpose of establishing and disseminating sound mountaineering and trekking culture. <Amended by Act No. 10459, Mar. 9, 2011> |
| (2) |
The Minister of the Korea Forest Service may entrust the operation of mountaineering and trekking schools to the Korea Mountaineering and Trekking Support Center established pursuant to Article 27-2 or a person specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as a nonprofit legal entity established for purposes of education and training of mountaineering and trekking. <Amended by Act No. 8752, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10459, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of the Korea Forest Service may grant a full or partial subsidy to a person who operates a mountaineering and trekking school for its operational expenses. <Amended by Act No. 10459, Mar. 9, 2011> |
law view
| Article 27-2 (Korea Mountaineering and Trekking Support Center) |
|
| (1) |
The Minister of the Korea Forest Service may establish and operate the Korea Mountaineering and Trekking Support Center (hereinafter referred to as the "Center") for the purpose of disseminating sound mountaineering and trekking culture and assisting citizens in their mountaineering and trekking activities. <Amended by Act No. 10459, Mar. 9, 2011> |
| (2) |
The Center shall carry on the following programs and projects: <Amended by Act No. 10459, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. |
Programs for mountaineering and trekking education and international cooperation; |
| 2. |
Programs for training and supporting professional mountaineers; |
| 3. |
Programs for establishing and operating a system for the cooperation between mountaineering and trekking schools and an information network; |
| 4. |
Projects for developing and maintaining or operating and managing forest paths, facilities thereof, and other facilities related to mountaineering and trekking; |
| 5. |
Programs for developing mountaineering and trekking skills and standardizing mountaineering and trekking facilities; |
| 6. |
Programs for the development, education, and training of skills for the rescue of mountaineers in distress; |
| 7. |
Programs for the surveys, research, and public relations activities for disseminating and developing sound mountaineering and trekking culture; |
| 8. |
Programs entrusted by the State or a local government in connection with mountaineering and trekking; |
| 9. |
Programs specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs as necessary for facilitating collection, sharing, and utilization of information about mountaineering and trekking, and disseminating sound mountaineering and trekking culture. |
| (3) |
The Center shall be a legal entity. |
| (4) |
The establishment and operation of the Center and the scope of business entrusted to the Center and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10459, Mar. 9, 2011> |
| (5) |
The State or a local government may fully or partially subsidize expenses incurred in the establishment and operation of the Center. |
[This Article Newly Inserted by Act No. 8752, Dec. 21, 2007]
law view
| Article 28 (Operation of Mountain Rescue Teams) |
|
| (1) |
The forest path management agency may organize and operate mountain rescue teams in preparation for accidents, such as the mishap, disappearance, or falling of visitors to forest paths, including mountaineers. <Amended by Act No. 10459, Mar. 9, 2011> |
| (2) |
The operation of mountain rescue teams under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER VI DESIGNATION AND MANAGEMENT OF CULTURAL ASSETS IN FORESTS
law view
| Article 29 (Designation of Cultural Assets in Forests and Cancellation of Designation thereof) |
|
| (1) |
The Minister of the Korea Forest Service or each Mayor/Do Governor may designate a cultural asset in a forest as a State or City/Do cultural asset in a forest in accordance with the criteria and method prescribed by Presidential Decree: Provided, That designated cultural heritage assets, provisionally designated cultural heritage assets, registered cultural heritage assets, protective facilities, or protective zones under the Cultural Heritage Protection Act shall be excluded herefrom. |
| (2) |
If it is intended to designate a cultural asset in a forest pursuant to paragraph (1), public notice shall be issued of the intended designation, as prescribed by Presidential Decree and opinions shall be heard from the owner and interested parties. |
| (3) |
If a State or City/Do cultural asset in a forest designated pursuant to paragraph (1) (hereinafter referred to as "designated cultural asset in a forest") falls under any of the following subparagraphs, the Minister of the Korea Forest Service or the competent Mayor/Do Governor may cancel the designation to cultural assets in a forest completely or partially: Provided, That in cases under subparagraph 1, the designation shall be cancelled: |
| 1. |
Where a cultural asset in a forest is designated as a designated cultural heritage asset, a protective facility, or a protective zone under the Cultural Heritage Protection Act or registered as a registered cultural heritage asset; |
| 2. |
Where it is unlikely to accomplish purposes of the designation or a cultural asset in a forest has the value of the designation lost, due to a natural disaster or other cause; |
| 3. |
Where it is intended to use a cultural asset in a forest as a site for a road, a railroad, a school, a military installation, or other official or public facilities specified by Presidential Decree; |
| 4. |
Where it is considered unavoidable to cancel the designation in order to use a cultural asset in a forest for other purpose of public interest. |
| (4) |
Where the Minister of the Korea Forest Service or a Mayor/Do Governor designates a cultural asset in a forest or cancels the designation of a cultural asset in a forest pursuant to paragraph (1) or (3), he/she shall issue public notice of the fact, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall notify thereon to the owner and the head of the competent Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Necessary matters concerning the procedures for the designation of cultural assets in forests and the cancellation of the designation shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10116, Mar. 17, 2010]
law view
| Article 30 (Management, etc. of Cultural Assets in Forests) |
|
| (1) |
The Minister of the Korea Forest Service or each Mayor/Do Governor shall protect and manage designated cultural assets in each forest in accordance with purposes of the designation and shall, if considered necessary, designate a caretaker for the protection and management. |
| (2) |
The Minister of the Korea Forest Service or a Mayor/Do Governor may order the owner or caretaker of a designated cultural asset in a forest to take measures necessary for the protection and management of the asset and may grant a subsidy for expenses incurred in the protection and management, as prescribed by Presidential Decree. |
| (3) |
The Minister of the Korea Forest Service may grant a subsidy to a local government for expenses incurred in the protection and management of designated cultural assets in forests. |
[This Article Wholly Amended by Act No. 10116, Mar. 17, 2010]
law view
| Article 31 (Purchase of Land, etc.) |
|
| (1) |
The Minister of the Korea Forest Service or a Mayor/Do Governor may, if necessary for accomplishing purposes of the designation of a designated cultural asset in a forest, purchase or exchange, through negotiations with the owner, the designated cultural asset in the forest, the land on which the designated cultural asset in the forest is situated (including standing trees and bamboos therein; hereinafter the same shall apply), or the land necessary for the maintenance and management of the designated cultural asset in the forest. |
| (2) |
The Minister of the Korea Forest Service or a Mayor/Do Governor may keep and manage a designated cultural asset in a forest, worth of preservation and with easy mobility, among designated cultural assets in forests purchased pursuant to paragraph (1), in a facility specified by Presidential Decree. |
[This Article Wholly Amended by Act No. 10116, Mar. 17, 2010]
CHAPTER VII SUPPLEMENTARY PROVISIONS
law view
| Article 32 (Succession to Rights, Obligations, etc.) |
|
A disposition taken in relation to the owner of a natural recreation forest or a forest bath pursuant to this Act or an order issued pursuant to this Act shall be also effective for his/her successor.
[This Article Wholly Amended by Act No. 10116, Mar. 17, 2010]
law view
| Article 33 (Hearings) |
|
The Minister of the Korea Forest Service or a Mayor/Do Governor shall hold a hearing in any of the following cases: <Amended by Act No. 10459, Mar. 9, 2011>
| 1. |
Deleted; <by Act No. 10940, Jul. 25, 2011> |
| 2. |
Where he/she intends to revoke the approval of a plan to develop a natural recreation forest pursuant to Article 16; |
| 3. |
Where he/she intends to revoke the approval of a plan to develop a forest bath pursuant to Article 21. |
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
law view
| Article 34 (Delegation of Authority) |
|
The Minister of the Korea Forest Service or a Mayor/Do Governor may delegate part of his/her authority under this Act to the head of an affiliated agency under his/her jurisdiction a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
law view
| Article 34-2 (Korea Forest Welfare and Culture Foundation) |
|
| (1) |
The Minister of the Korea Forest Service shall establish a Korea Forestry Welfare and Culture Foundation (hereinafter referred to as the "Foundation") to create and disseminate forestry culture and to support citizens' forest welfare, educational activities, etc. |
| (2) |
The Foundation shall be a corporation. |
| (3) |
Expenses incurred in managing the Foundation shall be covered by proceeds earned from running its business, and the State and local governments may partially subsidize such expenses within budgetary limits. |
| (4) |
Matters necessary for the organization and management of the Foundation, the scope of business entrusted to the Foundation, and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11430, May 23, 2012]
CHAPTER VIII PENAL PROVISIONS
law view
| Article 35 (Penal Provisions) |
|
| (1) |
Any person who destroys a designated cultural asset in a forest by setting fire shall be punished by imprisonment with prison labor for not less than seven years. |
| (2) |
Any person who steals a designated cultural asset in a forest shall be punished by imprisonment with prison labor for not less than one year, but not more than ten years. |
| (3) |
Any person who damages, hides, or otherwise devalues a designated cultural asset in a forest shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 20 million won. |
| (4) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won: |
| 1. |
A person who, without a justifiable ground, interferes with the installation of protective or management facilities of a designated cultural asset in a forest or interferes with any act for the prevention, etc. of disasters or damage by blight and harmful insects; |
| 2. |
A person who damages, relocates, removes, or otherwise makes indiscernible a sign installed to protect a designated cultural asset in a forest. |
| (5) |
An attempt to commit an offense prescribed in paragraphs (1) through (3) shall be punished. |
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
law view
| Article 36 (Penal Provisions) |
|
Any person who causes to burn a designated cultural asset in a forest by negligence shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 15 million won.
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
law view
| Article 36-2 (Penal Provisions) |
|
Any person who damages forest paths or damage structures, agricultural crop or other property owned by any other person in violation of subparagraph 1 or 2 of Article 23-3 shall be punished by imprisonment for not more than three years, or by a fine not exceeding seven million won.
[This Article Newly Inserted by Act No. 10459, Mar. 9, 2011]
law view
| Article 36-3 (Penal Provisions) |
|
Any person who violates Article 11-2 (4) shall be punished by a fine not exceeding three million won.
[This Article Newly Inserted by Act No. 10845, Jul. 14, 2011]
law view
| Article 37 (Joint Penal Provisions) |
|
If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits an offence under Article 35 (3) or (4) in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
law view
| Article 38 (Fines for Negligence) |
|
| (1) |
Any of the following persons shall be punished by a fine for negligence not exceeding 200,000 won: <Amended by Act No. 10459, Mar. 9, 2011> |
| 1. |
Deleted; <by Act No. 10940, Jul. 25, 2011> |
| 2. |
A person who enters natural recreation forests subject to the resting year system without obtaining permission, in violation of Article 18 (4); |
| 3. |
A person who litters garbage or waste, in violation of subparagraph 3 of Article 23-3; |
| 4. |
A person who relocates, makes dirty or damages signs installed by the forest path management agency, in violation of subparagraph 4 of Article 23-3; |
| 5. |
A person who enters forest paths subject to the resting year system or resting period system without obtaining permission, in violation of Article 25 (3). |
| (2) |
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of the Korea Forest Service, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10116, Mar. 17, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Validity Assessment of Natural Recreation Forests)
The validity assessment under Article 15 shall apply from the first person who intends to install recreation facilities after this Act enters into force.
Article 3 (Transitional Measures concerning Designation, etc. of Natural Recreation Forests)
| (1) |
A person who obtained approval for a plan to create forests designated as natural recreation forests or to create natural recreation forests from the Minister of the Korea Forest Service or the competent Mayor/Do Governor pursuant to Article 31 of the former Forestry Act as at the time this Act enters into force shall be deemed to have obtained approval for a plan to create forests designated as natural recreation forests or to create natural creation forests (including approval for revisions thereof) under this Act. |
| (2) |
The entrustment of construction for creating natural recreation forests or management and operation thereof by the Minister of the Korea Forest Service, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu pursuant to Article 32 of the former Forestry Act as at the time this Act enters into force shall be deemed the entrustment of creation or management under this Act. |
Article 4 (Transitional Measures concerning Plans to Create Forest Baths)
Forest baths for which the development has been completed or is in progress as at the time this Act enters into force shall be governed by the former Forestry Act, notwithstanding Article 20 (2).
Article 5 Omitted.
Article 6 (Relationship with other Acts)
A citation of the former Forestry Act or the provisions thereof by other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provisions thereof in lieu of the former provisions if this Act has provisions corresponding thereto.
ADDENDUM<Act No. 8752, Dec. 21, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10116, Mar. 17, 2010>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Transitional Measures) Natural recreation forests designated pursuant to the former provisions as at the time this Act enters into force shall be deemed natural recreation forests designated pursuant to the amended provisions of Article 13. |
ADDENDA<Act No. 10459, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
| (1) |
A person accredited for an education course for mountaineering guides under the former Article 7 (2) 3 as at the time this Act enters into force shall be deemed a person accredited for an education course for mountaineering guides among the education courses for forest path guides under the amended provisions of Article 7 (2) 3. |
| (2) |
Mountain trails being developed under the former Article 23 as at the time this Act enters into force shall be deemed mountain trails among forest paths being developed under the amended Article 23. |
| (3) |
Forest paths being developed or the development thereof has been completed as at the time this Act enters into force shall be deemed that seeking of opinions from interested parties and the designation and public announcement of forest path routes under the amended Article 23 (1) and (2) have been completed. |
| (4) |
The Korea Mountaineering Support Center under the former Article 27-2 (1) as at the time this Act enters into force shall be deemed the Korea Mountaineering and Trekking Support Center under the amended Article 27-2 (1). |
ADDENDUM<Act No. 10845, Jul. 14, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 10940, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 11430, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
