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韩国林业法

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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the preservation of national territory and the sound
development of national economy by providing for basic matters with respect to the multiplication of forest resources and forests, protecting and developing forests, improving the
forest productivity and promoting the public function of forests.
[This Article Wholly Amended by Act No. 4206, Jan. 13, 1990]
Article 2 (Definitions)
(1) For the purpose of this Act, the definitions of terms shall be as follows: No. 3854, Dec. 20, 1986; Act No. 4206, Jan. 13, 1990; Act No. 4816, Dec. 22, 1994; Act No.
5153, Aug. 8, 1996; Act No. 5323, Apr. 10, 1997>
1.The term "forest" means that to which any of the following items apply: Provided, That
farmlands (including grazing lands), residential districts, roads and such other lands as
determined by the Presidential Decree and standing timber and bamboo shall be excluded:
(a) Standing timber and bamboo that are growing collectively and the land on which they are
growing;
(b) Land that has temporarily lost the standing timber and bamboo which had been growing on
it collectively;
(c) Land that is used for collective growth of standing timber and bamboo;
(d) Forestry districts; and
(e) Rocky formation and marshlands within the lands of items (a) through (c);
2.The term "forest products" means those which are produced in forests and falling under any
of the following items:
(a) Wood (including logs and lumber as well as such wood as is imported from abroad. The
same shall apply hereinafter) and charcoal;
(b) Trees, roots (including stocks. The same shall apply hereinafter), branches, fruits, bark,
resin, fallen leaves, and earth and rocks that are extracted from forests; and
(c) Other produce as prescribed by the Ordinance of the Ministry of Agriculture and Forestry;
3.The term "forest management technician" means a person, as prescribed by the Presidential
Decree, who prepares forest management plans and performs duties pertaining to the
enforcement of the plans;
4.The term "forest owner" means a person who possesses a forest with lawful title thereto;
5.and 6.Deleted;
7.The term "forest public works technician" means a person who performs duties such as those
pertaining to the establishment of forestry districts or restoration of wastelands, who is
determined by the Presidential Decree;
8.Deleted; and
9.The term "wooden structure technician" means a person determined by the Presidential
Decree, who performs duties such as those pertaining to the installing of structures that utilize wood.
(2) All or a part of the provisions of this Act may be applied mutatis mutandis under the
conditions as prescribed by the Presidential Decree with regard to mountains, wilderness and
other lands that are not forest.
Article 3 (Classification of Forests)
Forests shall be classified as the following according to their holders:
1.National forests: forests owned by the State;
2.Public forests: forests owned by the local governments and other public organizations; and
3.Private forests: other forests not included in subparagraphs 1 and 2.
Article 4 (Succession of Rights and Responsibilities)
Disposition, application, report filing and other acts which are carried out under the conditions
as prescribed by this Act or the orders issued under this Act have their effect also with regard
to forest owners, persons who have, on the basis of title to any forest, to use and earn profits
from standing timber and bamboo of that forest, and successors to land holders occupants.
Article 5 (Operators of Forest Projects, etc.)
(1) The forest projects under this Act shall be carried out by the State, local governments,
forestry cooperatives, the National Forestry Cooperatives Federation, or forest owners.

(2) The Administrator of the Forestry Administration may delegate part of his authority under
this Act to the Special Metropolitan City Mayor, the Metropolitan City Mayor, Do governor
(hereinafter referred to as "Mayor/Do governor"), the Administrator of the Cultural Properties
Administration or heads of the regional forest management offices, etc. and the heads of other
competent agencies, as prescribed by the Presidential Decree, and the Mayor/Do governor or
heads of regional forest management offices who are so delegated with part of such authority
may re-delegate the authority to the head of Si/Gun/autonomous Gu (hereinafter referred to as
the "head of Si/Gun") or heads of offices for national forest management (meaning offices
under the control of the regional forest management offices; hereinafter the same shall apply)
with the approval of the Administrator of the Forestry Administration. 4206, Jan. 13, 1990; Act No. 5079, Dec. 29, 1995; Act No. 5323, Apr. 10, 1997; Act No. 5982,
May 24, 1999; Act No. 6382, Jan. 26, 2001>
(3) Part of the authority of the heads of regional forest management offices under this Act may
be delegated to the head of regional office for the national forest management under the
conditions as prescribed by the Presidential Decree. 2001>
(4) The State or local governments shall have forestry cooperatives or the National Forestry
Cooperatives Federation carry out the forest projects on behalf of them or commission forestry
cooperatives or the National Forestry Cooperatives Federation to carry out such forest projects:
Provided, that the same shall not apply to the cases prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
(5) Matters necessary for forestry cooperatives or the National Forestry Cooperatives
Federation to carry out the forest projects under the provisions of paragraph (1) shall be
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Act No. 6222, Jan. 28, 2000>
CHAPTER II PRODUCTION, UTILIZATION AND DEVELOPMENT OF FOREST
RESOURCES
SECTION 1 Forest Management Plan, etc.
Articles 6 and 7
Deleted.
Article 8 (Forest Management Plans for Public or Private Forests)
(1) The head of Si/Gun, where he deems it necessary to protect and develop forests, may,
upon an application from owners of public or private forests (including any person who is
duly authorized to own trees and bamboos or gain profits from them: the same in this Article
shall apply) grant approval for forest management plans for public and private forests and
make guidance on the management of such forests as prescribed by the Ordinance of the
Ministry of Agriculture and Forestry.
(2) When an owner of forests, who has obtained approval for his forest management plans
under the provisions of paragraph (1), intends to alter important matters prescribed by the
Ordinance of the Ministry of Agriculture and Forestry from among the forest management
plans, he shall obtain approval as prescribed by the Ordinance of the Ministry of Agriculture
and Forestry.
(3) The forest management plans referred to in paragraph (1) shall be prepared by forest
management technicians: Provided, That the same shall not apply to the case where forest
management plans are drawn up for forests which are owned or managed by such successors
of forest owners or forest enterprisers as prescribed in Article 13 of the Forestry and Mountain
Villages Development Promotion Act.
(4) Where a forest owner, who has obtained approval for his forest management plans in
accordance with the provisions of paragraph (1), fails to manage his forest as approved
without any justifiable reasons, or where there occur any reasons prescribed by the
Presidential Decree, the head of Si/Gun shall revoke such approval.
(5) Necessary matters concerning standards for drawing up the forest management plans under
the provisions of paragraph (1) shall be prescribed by the Presidential Decree and other
standards for paying forest management technicians expenses required to draw up the forest
management plans shall be prescribed by the Ordinance of the Ministry of Agriculture and
Forestry.
[This Article Wholly Amended by Act No. 5760, Feb. 5, 1999]
Article 9
Deleted. Article 10 (Forestry Technical Guidance)
(1) The Administrator of the Forestry Administration may post forestry management
technicians in charge of guidance services at forestry cooperatives and the National Forestry
Cooperatives Federation as prescribed by the Presidential Decree for guidance services and
dissemination of forestry technology.
(2) The Administrator of the Forestry Administration, the Mayor/Do governor, the President
of National Forestry Cooperatives Federation or heads of forestry cooperatives may post forest
management technicians in charge of guidance services concerning the implementation of
forest management plans at their administrative agencies or organizations or other
administrative agencies or organizations under their jurisdiction as prescribed by the
Presidential Decree.
(3) Qualifications for the forestry management technicians in charge of guidance services
referred to in paragraph (1) shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 5760, Feb. 5, 1999]
Articles 10-2 and 10-3
Deleted.
Article 10-4 (Building of Forest Roads, etc.)
(1) The Administrator of the Forestry Administration may, when he deems it necessary to
upgrade the production infrastructure of forests including the efficient development of forests,
the sophistication of the utilization of forests and the mechanization of forestry, build forest
roads with consent of forest owners. In this case, the kinds of forest roads shall be determined
by the Presidential Decree.
(2) The Administrator of the Forestry Administration, when he intends to build forest roads
falling under the conditions as prescribed by the Presidential Decree from among forest roads
referred to in paragraph (1), shall hear in advance opinions of the heads of administrative
agencies concerned.
(3) The Administrator of the Forestry Administration, the Mayor/Do governor, the President
of the National Forestry Cooperatives Federation, or the heads of forestry cooperatives may
post forestry civil engineers assigned to render guidance services with respect to the
formulation and implementation of plans for building forest roads and restoring damaged
forests at their administrative agencies and organizations or other administrative agencies and
organizations under their jurisdiction. 5760, Feb. 5, 1999; Act No. 6187, Jan. 21, 2000>
(4) Necessary matters related to the designing of such forest roads as prescribed by paragraph
(1), standards for such forest roads, procedures for building such forest roads, the management
of such forest roads, the scope of business for forest civil engineers shall be determined by the
Ordinance of the Ministry of Agriculture and Forestry. 1999>
[This Article Newly Inserted by Act No. 4206, Jan. 13, 1990] Article 10-5 (Assessment of Propriety of Forest Roads)
(1) The Administrator of the Forestry Administration shall, in case where he intends to build
forest roads under Article 10-4 (1), perform the assessment on whether or not the building of
forest roads is proper (hereinafter referred to as the "assessment of propriety") in
comprehensive view of the necessity of building forest roads and the suitability of forest road
lines, and build them when the propriety is recognized as a result thereof.
(2) The items, methods and criteria for the assessment of propriety and other necessary
matters shall be determined by the Ordinance of the Ministry of Agriculture and Forestry.
[This Article Newly Inserted by Act No. 6382, Jan. 26, 2001]