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State forest administration and management act

제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

Act No. 7677, Aug. 4, 2005

Amended by Act No. 8102, Dec. 28, 2006

Act No. 8355, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9177, Dec. 26, 2008

Act No. 9401, Jan. 30, 9

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to developing the national economy and to promoting the welfare of the people by increasing the function of state forests and efficiently administering state forests by prescribing matters concerning the management and administration thereof.

Article 2 (Definitions)

The definitions of terms used in this Act are as follows:
1. The term “management of state forests” means activities producing forest products, such as lumber through forestry projects, such as afforestation,
cultivating forests, production of forest trees, installation of forest administration infrastructure, protection of genetic forestry resources,
etc. within state forests, and maintaining and increasing the diverse
function of forests, such as economic, social, cultural, environmental functions, etc.;
2. The term “administration of state forests” means property administra-
tion, such as conservation, lease, permission for use, exchange, purchase, sale, etc. of state forests.

Article 3 (Basic Principles of Management and Administration of State

Forests)

The State shall manage and administer state forests in accordance with the basic principles in the following subparagraphs:
1. Planning the interests of the whole country in consideration of the

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

development of local communities;
2. Stable supply of forest products through the sustainable management of forests;
3. Promoting the function of public interests in forests through the rearing of nature-friendly state forests;
4. Increasing the standard of living of the people through the promotion
of use of state forests by the people;
5. Implementation of a leading role in the management of public and private forests.

Article 4 (Management and Administration Agencies, etc.)

(1) State forests shall be managed and administered by the Minister of the Kora Forest Service: Provided, That the state forests under the jurisdiction of the heads of central government agencies (refers to the
heads of central government agencies under the provisions of Article 14 of the Budget and Accounting Act; hereinafter referred to as the heads of central government agencies ) other than the Minister of the Korea Forest Service falling under the administrative property under Article 6 (2) of the State Property Act shall be managed and administered by the heads of relevant central government agencies. <Amended by Act No. 9401, Jan. 30, 2009>
(2) When the heads of central government agencies have discontinued
the purpose of use of state forests falling under the provisions of proviso to paragraph (1), the heads of relevant central government agencies shall
transfer them to the Minister of the Korea Forest Service without delay:

Provided, That the foregoing shall not apply to the discontinuance of the

purposes of use for the purposes of conversion of administration, exchange or concession. <Amended by Act No. 9401, Jan. 30, 2009>

Article 5 (Investigation into State Forests)

(1) In order to utilize as the basic data for the management and administration of state forests, the Minister of the Korea Forest Service
shall regularly investigate into the actual condition of state forests, such as the soil, vegetation, volume of growth of forest trees, etc.
(2) The details and methods of investigation under paragraph (1) and
other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <AmendedbyActNo.8852,Feb.

29, 2008>

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

Article 6 (Comprehensive Plans for State Forests)

(1) In order to manage and administer state forests comprehensively and efficiently, the Minister of the Korea Forest Service shall establish and
implement comprehensive plans for state forests every ten years according to the basic forest plan and regional forest plans under the provisions
of Article 11 of the Framework Act on Forestry.
(2) Comprehensive plans for state forests under paragraph (1) shall include following matters: <Amended by Act No. 8852, Feb. 29, 2008>
1. Objectives and direction of promotion concerning the management and
administration of state forests;
2. Present condition of the management and administration of state forests;
3. Important projects concerning the management and administration of
state forests and methods of promotion thereof;
4. Matters concerning the calculation of expenses incurred in the implementation of projects and the procurement thereof;
5. Other matters concerning the management and administration of state forests prescribed by Ordinance of the Ministry for Food, Agriculture,
Forestry and Fisheries.
(3) The Minister of the Korea Forest Service shall analyze and assess the results of implementation of comprehensive plans for state forests,
and reflect the results of analysis and assessment in the modification of
a comprehensive plan for state forests or in the establishment of the next comprehensive plan for state forests where he/she acknowledges it necessary
as the result of such analysis and assessment.
(4) Matters necessary for the establishment, methods of analysis and assessment, etc. of comprehensive plans for state forests shall be prescribed
by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

<Amended by Act No. 8852, Feb. 29, 2008>

Article 7 (Advisory Committee on state Forest Management and

Administration)

(1) In order to provide advice on the matters in the following subparagraphs, advisory committees on state forest management and administration
(hereinafter referred to as Committees ) may be established under the
jurisdiction of regional Forest Services: <Amended by Act No. 8102, Dec. 28,

2006; Act No. 8852, Feb. 29, 2008>

1. Matters concerning the establishment of comprehensive plans for state

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

forests, and the analysis and assessment of results of implementation
thereof;
2. Matters concerning the disposal, lease, etc. of state forests, which
are prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;
3. Matters concerning the creation and operation of model forests;
4. Other matters necessary for the management and administration of state forests.
(2) Matters necessary for the composition, operation, etc. of the Committees
shall be prescribed by Presidential Decree.

CHAPTER Ⅱ MANAGEMENT OF STATE FORESTS

Article 8 (state Forest Management Plans)

(1) The Minister of the Korea Forest Service shall establish and implement state forest management plans every ten years by dividing state forests
in the unit of management planning districts in consideration of the situation of distribution of state forests, efficiency of management, etc.
(2) Matters necessary for the subjects of establishment, time, methods,
etc. of state forest management plans shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended

by Act No. 8852, Feb. 29, 2008>

Article 9 (Management Plans for State Forests, etc. under Jurisdiction

of Heads of Central Government Agencies)

(1) The heads of central government agencies or those who have obtained a lease or permission for use of state forests (hereinafter referred to as lease, etc. ) may draw up state forest management plans for the state
forests under their jurisdiction or of which they have obtained a lease,
etc., and obtain consent or approval of the Minister of the Korea Forest
Service. The same shall apply to the modification or repeal of state forest management plans.
(2) Where acts prescribed by Presidential Decree, such as afforestation, deforestation, etc. are accompanied in implementing forest projects in
accordance with the state forest management plans consented or approved
under the provisions of paragraph (1), the heads of central government

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

agencies or persons who have obtained a lease, etc. shall make a statement
to the Minister of the Korea Forest Service, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases,
it shall be deemed to have obtained permission or have made a report under the provisions of Article 36 of the Creation and Management of
Forest Resources Act. <Amended by Act No. 8852, Feb. 29, 2008>

Article 10 (Lumber Production in State Forests)

(1) The Minister of the Korea Forest Service shall produce lumber in consideration of the long-term prospect for the supply and demand of forest
resources and forest products to the extent not exceeding the volume of annual growth of standing trees (refers to the volume that the standing
trees have grown for a year; hereinafter the same shall apply) of state
forests: Provided, That in cases of forest fires, natural disasters or control
of harmful insects, standing trees may be felled in excess of the volume of annual growth of standing trees.
(2) The subject matters and methods of lumber production under the provisions of paragraph (1), and other necessary matters shall be prescribed
by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

<Amended by Act No. 8852, Feb. 29, 2008>

Article 11 (State Forest Protection Agreements)

(1) When necessary for the protection of state forests, the Minister of the Korea Forest Service may conclude an agreement as prescribed by
Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries
in order to protect state forests (hereinafter referred to as protection agreement ) with forestry cooperatives (hereinafter referred to as forestry
cooperatives ) under the Forestry Cooperatives Act located in the field,
residents of the relevant areas, schools or organizations comprised of forestry technicians under the provisions of Article 14 (1) of the Forestry and
Mountain Villages Development Promotion Act which are prescribed by
Presidential Decree, and specify certain districts and have them implement protective activities prescribed by Ordinance of the Ministry for Food,
Agriculture, Forestry and Fisheries, such as the prevention of forest fires,
illicit felling, etc. in such districts. In such cases, all or part of the forest products produced in the relevant state forests may be conceded to such
persons without compensation. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The term of protection agreements shall be up to five years, however,

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

may be extended by up to five years if the needs arise.
(3) When those who concluded protection agreements have violated the matters of protection agreements or have been negligent in protective
activities, the Minister of the Korea Forest Service may cancel such protection agreements and notify the parties to such protection agreements
of the cancellation thereof.

Article 12 (Creation and Operation of Model Forests)

(1) In order to facilitate the efficient management of public and private forests by developing and spreading forestry technologies, etc., the Minister
of the Korea Forest Service may create and operate places where afforestation
has been successful, the forest complexes of economical trees, etc. from among the state forests as model forests.
(2) Where the Minister of the Korea Forest Service concludes that managing
model forests under the provisions of paragraph (1) together with public forests or private forests adjacent to such model forests is efficient, the
Minister of the Korea Forest Service may consult with the owners of the
relevant public forests or private forests and include such public forests or private forests in the model forests.
(3) Standards for creating model forests and other necessary matters shall
be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008>

Article 13 (Management by Proxy of State Forests, etc. under Jurisdiction

of Heads of Central Government Agencies)

(1) Where state forests, public forests or private forests under the jurisdiction of the heads of central government agencies are connected
or enclosed by state forests under the jurisdiction of the Korea Forest
Service and the owners or administrators of such forests desire the Korea
Forest Service to manage their forests as proxy, he/she may manage such forests together. In such cases, the expenses for management by proxy
shall be borne by the owners or administrators.
(2) Necessary matters, such as the procedures for management by proxy, bearing of expenses, etc. under the provisions of paragraph (1) shall be
prescribed by Presidential Decree.

Article 14 (Designation and Operation of People s Forests)

(1) The Minister of the Korea Forest Service may designate and operate people s forests from among the state forests under his/her jurisdiction

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

so that people may participate in state forest protection and fostering
projects, such as cultivating forests, etc. and use state forests as space for education on forests, forest culture and recreation.
(2) The standards for designation of people s forests under paragraph (1), methods of operation thereof and other necessary matters shall be prescribed
by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

<Amended by Act No. 8852, Feb. 29, 2008>

(3) Where it falls under any of the following subparagraph, the Minister
of the Korea Forest Service may restrict use of people s forests by specifying a period or discontinue the designation of people s forests: <Amended by

Act No. 8852, Feb. 29, 2008>

1. Where it is necessary for the protection of the relevant state forests
and the conservation of forest ecosystems;
2. Where interests of residents adjacent to people’s forests are markedly jeopardized or inconvenience is incurred in them;
3. Other cases necessary for the management and administration of state
forests, which are prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(4) When the Minister of the Korea Forest Service intends to designate,
restrict use or discontinue people s forests as prescribed in paragraphs
(1) and (3), he/she shall announce it publicly.

Article 15 (Joint Forestry Projects)

(1) Where necessary for the efficient promotion of forestry projects, development of local communities, increase residents’ income of , etc., the Minister of the Korea Forest Service may perform forestry projects
(hereinafter referred to as joint forestry projects ) falling under any of
the following subparagraphs jointly with the heads of related central administrative agencies, heads of local governments or heads of
organizations prescribed by Presidential Decree (hereinafter referred to
as joint project implementers ): <Amended by Act No. 8852, Feb. 29, 2008>
1. Forestry income development projects for farming villages and fishing villages;
2. Installation and operation of arboretums, natural recreational forests, places for forest bath and other forestry public benefit facilities,
prescribed by Presidential Decree;
3. Research projects based on forests;

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

4. Other projects necessary for the efficient management and administra-
tion of state forests, prescribed by Presidential Decree.
(2) Where the Minister of the Korea Forest Service intends to implement
joint forestry projects with joint project implementers as prescribed in the provisions of paragraph (1), he/she shall conclude an agreement with
the relevant joint project implementers.
(3) Where necessary for joint forestry projects, the Minister of the Korea
Forest Service may implement projects in the public forests, private forests and other land adjacent to the state forests subject to the implementation
of such projects with the consent of the owners of land. In such cases, he/she shall consult with joint project implementers.
(4) The extent of projects, terms to be included in the agreements under
the provisions of paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture,
Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008>

CHAPTER Ⅲ ADMINISTRATION OF STATE FORESTS

Article 16 (Classification of State Forests)

(1) The Minister of the Korea Forest Service shall classify and administer state forests under the jurisdiction as permanent state forests and non-permanent state forests according to the following classifications:
1. Permanent state forests:
(a) State forests in need of conservation for the procurement of woodland for forestry production, development of forestry technologies and
scientific research;
(b) State forests in need of conservation for public interests, such as the protection of historical relics, sacred grounds, monuments and
tangible cultural properties, conservation of ecosystems, protection
of water sources, etc.;
(c) Other state forests in need of conservation, which are prescribed by Presidential Decree;
2. Non-permanent state forests: Forests other than permanent state forests.

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

(2) Where non-permanent state forests are designated as forests under
the following subparagraphs, such forests shall be deemed permanent state forests:
1. Protective forests, forests for seed collection, forests for protection of genetic forestry resources and experimental forests under the Creation
and Management of Forest Resources Act;
2. Natural recreational forests under the Forestry Culture and Recreation
Act and erosion control land under the Work against Land Erosion or Collapse Act.
(3) Permanent state forests under the provisions of paragraphs (1) 1 and
(2) shall be deemed administrative properties under Article 6 (2) of the
State Property Act, and non-permanent state forests under the provisions
of paragraph (1) 2 shall be deemed general properties under Article 6 (3) of the State Property Act. <Amended by Act No. 9401, Jan. 30, 2009>
(4) Where a permanent state forest or non-permanent state forest among
the state forests under the jurisdiction of the Minister of the Korea Forest
Service classified under the provisions of paragraphs (1) and (2) falls under any of the following subparagraphs, he/she may reclassify the relevant
state forest: <Amended by Act No. 9401, Jan. 30, 2009>
1. Where the conversion of administration thereof has been agreed as prescribed in Article 16 of the State Property Act;
2. Where it is necessary for public works under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, which
falls under the projects prescribed by Presidential Decree;
3. Where State properties are to be disposed of according to administration plans under Article 9 of the State Property Act;
4. Where approval for implementation plans has been obtained as pre-
scribed in the provisions of Article 17 of the Balanced Regional
Development and Support for Local Small and Medium Enterprises
Act;
5. Where it is necessary to exchange with public forests or private forests in order to promote forestry measures;
6. Where it is a forest under the provisions of subparagraphs of paragraph
(2), of which designation has been cancelled;
7. Where it is unnecessary to conserve as a permanent state forest for

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

the management and administration of state forests, or it is inevitable
to incorporate part of a permanent state forest into a project site in order to implement projects under the provisions of other Acts, which
is prescribed by Presidential Decree;
8. Where a non-permanent state forest has become to fall under the provi- sions of items of paragraph (1) 1.
(5) The standards for reclassification under the provisons of paragraph
(4) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008>

Article 17 (Prohibition on Disposal of Permanent State Forests)

Permanent state forests shall not be leased, sold, exchanged, or conceded, or on which private rights shall not be established: Provided, That it is
necessary for the implementation of forestry projects, the Minister of the Korea Forest Service may exchange state forests for public forests possessed by local governments on condition that such local governments shall continue managing and administering the relevant permanent state forests correspondingly to permanent state forests.

Article 18 (Expansion and Purchase of State Forests)

(1) In order to secure the function of public benefits of forests and to increase the efficiency of management and administration of state forests,
the Minister of the Korea Forest Service shall make efforts to expand state
forests.
(2) When the Minister of the Korea Forest Service acknowledges it necessary for the management and administration of state forests, he/she may
purchase public forests, private forests or other land (hereinafter referred to as public forests, etc. ), as prescribed by Presidential Decree. <Amended

by Act No. 8102, Dec. 28, 2006>

(3) The methods and procedures of purchasing public forests, etc. and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <AmendedbyActNo.8102,Dec.

28, 2006; Act No. 8852, Feb. 29, 2008>

(4) The Minister of the Korea Forest Service may entrust any person
prescribed by Presidential Decree who is a juristic person established under special Acts with the duties under the provisions of paragraph (2). <Newly

Inserted by Act No. 8102, Dec. 28, 2006>

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

Article 19 (Conversion of Administration of State Forests)

When state forests are intended for conversion of administration, such conversion of administration with compensation shall be a basic
notwithstanding Article 17 of the State Property Act: Provided, That to
non-permanent state forests, this need not apply. <AmendedbyActNo.9401,

Jan. 30, 2009>

Article 20 (Sale and Exchange of Non-Permanent State Forests)

(1) Where any non-permanent state forest falls under any of the following
subparagraphs, the Minister of the Korea Forest Service may sell or exchange it:
1. Where sale or exchange is necessary because the non-permanent state
forest is used for public projects under the Act on the Acquisition of
Land, etc. for Public Works and the Compensation therefor or for projects under the provisions of other Acts;
2. Where local governments have requested for sale or exchange to use a non-permanent state forest for an official or public project;
3. Where sale or exchange is acknowledged as necessary for the efficient
management and administration of state forests, such as the expansion, collectivization, etc. of state forests, etc.
(2) Matters necessary for the procedures of sale and exchange of
non-permanent state forests, determination of price, etc. shall be prescribed by Presidential Decree.
(3) Proceeds from the sale of state forest may be used as financial resources
to expand state forests in consideration of the necessity, etc. to expand state forests.

Article 21 (Leasing, etc. of State Forests)

(1) The Minister of the Korea Forest Service may permit use of permanent state forests or lease non-permanent state forests according to the standards
prescribed by Presidential Decree: Provided, That permission for permanent
state forests shall be limited to the cases falling under any of the following
subparagraphs: <Amended by Act No. 8355, Apr. 11, 2007;Act No. 9177, Dec. 26,

2008>

1. Where the State or local governments intend to use permanent state
forests for official use or public use;
2. Where permanent state forests are intended for use for electric power, communication, broadcasting, gas, waterworks or other infrastructures

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

prescribed by Presidential Decree;
3. Where permanent state forests are intended for use for arboretums, natural recreational forests, places for forest baths and other forestry
public benefit facilities prescribed by Presidential Decree;
4. Where forestry cooperatives or the National Forestry Cooperatives
Federation under the Forestry Cooperatives Act intends to use
permanent state forests for projects approved by the Minister of the
Korea Forest Service as they are needed to accomplish the purpose of their establishment;
5. Where the purchasers of forest products produced in the state forests
(hereinafter referred to as “state forest products”) intend to use permanent state forests for facilities to pick, process or transport such
state forest products;
6. Where persons entitled to mining rights or mining rights by lease under subparagraphs 3 and 4 of Article 3 of the Mining Industry Act intend
to use permanent state forests to mine minerals;
7. Where permanent state forests are intended for use for cultivating mushrooms, wild edible greens and medicinal herbs among the items
subject to assistance as income source from forest products under the provisions of Article 9 of the Forestry and Mountain Villages
Development Promotion Act;
8. Where permanent state forests are needed to transport forest products, such as transporting lumber produced in the public forests or private
forests located in the state forests;
9. Where permanent state forests are needed to implement plans for development projects of mountain villages under Article 25 of the
Forestry and Mountain Villages Development Promotion Act.
(2) Where persons who have obtained a lease, etc. under the provisions of paragraph (1) fell standing trees or dig, gather, etc. forest products
as stipulated in the lease contract or conditions of permission, they shall
be deemed to have obtained permission for the conversion of mountainous districts or to have reported the conversion of mountainous districts under
the provisions of Article 14 or 15 of the Management of Mountainous Districts
Act and to have obtained permission or to have made a report under the provisions of Article 36 of the Creation and Management of Forest Resources

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

Act.
(3) Necessary matters, such as the period, procedures, etc. of lease, etc. of state forests shall be prescribed by Presidential Decree.

Article 22 (Prohibition of Installation of Permanent Facilities)

(1) No one who have obtained a lease, etc. of state forests shall install buildings nor other permanent facilities in the relevant state forests: Provided, That the foregoing shall not apply to cases where such buildings
or permanent facilities are installed on condition that they shall be donated or removed, or reinstated to their original state, where are prescribed by Presidential Decree.
(2) Where the Minister of the Korea Forest Service allows the installation of buildings or other permanent facilities in the state forests as prescribed in the provisions of proviso to paragraph (1), he/she shall have persons who have obtained a lease, etc. of the relevant state forests to take measures of guaranteeing the implementation (hereinafter referred to as measures of performance guarantee ) of an amount equivalent to the expenses necessary for the reinstatement to the original state, such as the removal of permanent facilities, etc.: Provided, That the foregoing shall not apply to the cases prescribed by Presidential Decree.

Article 23 (Lease Charges, etc.)

(1) When the Minister of the Korea Forest Service put state forests to lease, etc. as prescribed in the provisions of Article 21 (1), he/she shall
collect lease charges or rental fees (hereinafter referred to as lease charges,
etc. ) every year according to the rates and calculating methods prescribed by Presidential Decree.
(2) The lease charges, etc. under paragraph (1) may be paid in installments,
as prescribed by Presidential Decree. In such cases, where annual lease charges, etc. exceed the amount prescribed by Presidential Decree, he/she
shall have those who have obtained a lease, etc. deposit guarantee money
within the extent of the amount prescribed by Presidential Decree or take measures of performance guarantee.
(3) Where it falls under any of the following subparagraphs, notwithstanding
the provisions of paragraph (1), the Minister of the Korea Forest Service may not collect all or part of the lease charges, etc., as prescribed by
Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

<Amended by Act No. 8852, Feb. 29, 2008>

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

1. Where it falls under Article 21 (1) 1, 4 or 5;
2. Where object projects for which leases, etc. have been obtained are acknowledged to yield no income due to natural disasters, etc. which
are prescribed by Presidential Decree.
(4) Where the same person (successors and general successors are deemed the same person as predecessors) continues using the same state forest
in excess of one year and when annual lease charges, etc. have increased ten percent or more than those of previous year, the Minister of the Korea
Forest Service may decrease the increment in lease charges, etc. prescribed
by Presidential Decree.
(5) When those who have obtained a lease, etc. fail to pay the lease charges, etc. under the provisions of paragraph (1), the Minister of the Korea Forest
Service may collect them by applying mutatis mutandis the provisions
of Articles 21 through 23 of the National Tax Collection Act and the provisions of the same Act concerning disposition on default.

Article 24 (Restrictions on Acquisition of Forest Products)

(1) No one who have obtained a lease, etc. of state forests shall acquire products except those specified in the lease contract or conditions of
permission.
(2) Where those who have obtained a lease, etc. intend to eliminate obstructing trees other than products specified in the lease contract or
conditions of permission for the implementation of object projects of lease,
etc., they shall obtain permission to fell standing trees or bamboo as prescribed in the provisions of Article 36 of the Creation and Management
of Forest Resources Act, or conclude a contract on the sale of state forest
products with the Minister of the Korea Forest Service.

Article 25 (Restrictions on Transfer of Rights and Transfer of Titles) (1) Where those who have obtained a lease, etc. of state forests intend to transfer the rights or titles thereof, they shall obtain permission of the Minister of the Korea Forest Service.

(2) Matters necessary for the standards, procedures, etc. of transfer of rights and transfer of titles under the provisions of paragraph (1) shall be prescribed by Presidential Decree.

Article 26 (Cancellation of Lease, etc.)

(1) Where it falls under any of the following subparagraphs, the Minister of the Korea Forest Service may cancel a lease, etc. and have all or part

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of the state forests that have been leased, etc. returned: Provided, That
in cases of subparagraph 1, he/she shall cancel a lease, etc.:
1. Where they have obtained a lease, etc. by deceit or fraudulent methods;
2. When they have failed to pay lease charges, etc. within deadline for payment, or have failed to deposit guarantee or to take measures of
performance guarantee as prescribed in the provisions of the latter
part of Article 23 (2);
3. When the object projects of lease, etc. are acknowledged as not making progress or the purposes of projects are acknowledged as impossible
to accomplish;
4. When they have violated the provisions of Article 22 (1), 24 (1) or
25 (1);
5. When they have violated responsibilities in the lease contract or conditions of permission for use;
6. When they have obtained a lease, etc. in error;
7. When it is acknowledged as necessary for projects of the State or local governments, or for public works under the Act on the Acquisition
of Land, etc. for Public Works and the Compensation therefor.
(2) When the Minister of the Korea Forest Service has cancelled lease, etc. as prescribed in the provisions of paragraph (1) 1 through 5, he/she
may order those who have obtained a lease, etc. to return unjust profits
gained from the forests which have been leased, etc., or to eliminate buildings or facilities or to take measures necessary to reinstate such forests to
their original state by prescribing a specific period: Provided, That those
who were ordered to eliminate buildings or facilities subject to elimination
have applied for exemption from the responsibility of elimination on condition of donation of such buildings or facilities and where it falls under
any of the following subparagraphs, the Minister of the Korea Forest Service may exempt them from the responsibility to eliminate:
1. Where it is acknowledged as reasonable that the State should utilize
such buildings or facilities;
2. Where elimination of buildings or facilities is acknowledged as practically impossible;
3. Where elimination of buildings or facilities incurs substantial expenses and as a result, it is deemed that social loss is apprehended to occur.

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

(3) When those who have obtained a lease, etc. fail to comply with orders
to take measures, etc. under paragraph (2), the Minister of the Korea
Forest Service may take measures according to the classifications in the
following subparagraphs:
1. Collection of unjust gains by applying mutatismutandisthe provisions
of Articles 21 through 23 of the National Tax Collection Act and the
provisions of the same Act concerning disposition on default when they fail to return unjust gains;
2. Vicarious execution under the Administrative Vicarious Execution Act
when they fail to comply with orders for elimination of buildings or facilities, or orders for restatement to the original state.
(4) When the Minister of the Korea Forest Service has cancelled lease,
etc. as prescribed in the provisions of paragraph (1) 6 or 7, he/she may return all or part of lease charges, etc., as prescribed by Presidential Decree.
(5) Where a lease, etc. has been cancelled as prescribed in the provisions
of paragraph (1) 7 and loss has incurred by those who obtained a lease, etc., the State, local governments or project implementers who are to use
the state forests shall compensate for such loss, as prescribed by Presidential
Decree.

Article 27 (Sale of State Forest Products)

(1) The Minister of the Korea Forest Service shall sell state forest products
by means of competitive bid: Provided, That it falls under any of the following
subparagraphs, he/she may sell such products by means of private contract:
1. Where it is necessary for official use, public use or public benefit projects;
2. Where state forest products with special connection are sold to persons with such connection, as prescribed by Presidential Decree;
3. Where the Minister of the Korea Forest Service sells state forest products
by designating the use of lumber and qualifications of purchasers in order to foster Korean lumber industry;
4. Where state forest products are sold to persons with qualifications
prescribed by the Minister of the Korea Forest Service because competitive bid is acknowledged to be in danger of seriously obstructing
the efficient management of state forests;
5. Where forest products are sold to the purchasers of state forest products necessary to take out, etc. such state forest products;

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

6. Where state forest products are sold to persons recommended by
competent administrative agencies in order to use them as raw materials for the export industry;
7. Where state forest products are sold to forestry cooperatives or the
National Forestry Cooperatives Federation;
8. Where the sale of state forest products is inevitable for the smooth
supply and demand of lumber, prescribed by Presidential Decree. (2) Matters necessary for the procedures of sale of state forest products,
etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture,
Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008>

Article 28 (Cancellation of Contracts)

(1) Where those who have purchased state forests or state forest products fall under any of the following subparagraphs, the Minister of the Korea
Forest Service may cancel relevant sales contracts:
1. Where they have failed to pay the price within period;
2. Where they have violated obligations in the contract concluded with
the Minister of the Korea Forest Service.
(2) Where it falls under any of the following subparagraphs, the Minister of the Korea Forest Service may return all or part of the already paid
price as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she has cancelled the sales contract of state forests;
2. Where the sales contract of state forest products has been cancelled when the purchasers of state forest products did not mine, gather or
take out state forest products.

Article 29 (Concession of State Forest Products without Compensation) (1) Where it falls under any of the following subparagraphs, the Minister of the Korea Forest Service may concede state forest products without compensation:

1. Supply of materials to prevent disasters, recovery from disasters, etc.;
2. Supply of building materials or forest fuels, necessary to recover from disasters, to persons suffering from such disasters.
(2) The methods and procedures of concession of state forest products without compensation under the provisions of paragraph (1) and other
necessary matters shall be prescribed by Ordinance of the Ministry for
Food, Agriculture, Forestry and Fisheries. <AmendedbyActNo.8852,Feb.29,

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

2008>

Article 30 (Provisions to Be Applied Mutatis Mutandis)

The provisions of Articles 20 through 26 may be applied mutatismutandis
to land under the jurisdiction of the Korea Forest Service, the land category
of which is not woodland.

CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS

Article 31 (Hearings)

Where the Minister of the Korea Forest Service intends to cancel a lease, etc. as prescribed in the provisions of Article 26, he/she shall hold a hearing in advance.

Article 32 (Delegation of Authority)

The Minister of the Korea Forest Service may delegate part of his/her authority under this Act to the Governor of Jeju Special Self-Governing Province as prescribed by Presidential Decree or the heads of affiliated
agencies, and the delegated Governor of Jeju Special Self-Governing
Province or the heads of affiliated agencies may redelegate part of his/her authority to administrative mayors or the heads of second-tier affiliated
agencies with the consent of the Minister of the Korea Forest Service.

<Amended by Act No. 8102, Dec. 28, 2006>

Article 32-2 (Public Official by Legal Fiction in Applying Penal Provisions) The executives and staff of juristic persons performing duties entrusted as prescribed in the provisions of Article 18 (4) shall be deemed public officials in applying Articles 127 and 129 through 132 of the Criminal Act.

[This Article Newly Inserted by Act No. 8102, Dec. 28, 2006]

CHAPTER Ⅴ PENAL PROVISIONS

Article 33 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or a fine not
exceeding 15 million won:
1. Any person who installs buildings or other permanent facilities, in violation of the provisions of Article 22 (1);

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제25편 축산․산림 국유림의 경영 및 관리에 관한 법률

2. Any person who acquirs products other than those specified in the
lease contract or conditions of permission, in violation of the provisions of Article 24 (1).

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Article 2 (Transitional Measures concerning Dispositions, etc.) Dispositions, contracts, leases, permission for use, etc. rendered towards those, etc. who have obtained a lease, etc. of state forests under the previous Forestry Act at the time this Act enters into force shall be deemed to have been rendered under this Act.

Article 3 (Transitional Measures concerning Forestry Plans for State

Forests)

Forestry plans for state forests established pursuant to the provisions of Article
73 of the previous Forestry Act at the time this Act enters into force shall be deemed management plans for state forests established under the provisions
of Article 8 of this Act.

Article 4 (Transitional Measures concerning Sale of State Forests)

The sales contracts of state forests concluded as prescribed in the provisions of Article 80 (1) 2 of the previous Forestry Act at the time this Act enters
into force shall be pursuant to the provisions of the previous Forestry Act.

Article 5 (Transitional Measures concerning Leased Land for Planting, Land for Sharing Profits from Forests, etc.)

The expostfactomanagement of leased land for planting or land for sharing
profits from forests under the provisions of previous Forestry Act at the time
this Act enters into force shall be pursuant to the provisions of the previous
Forestry Act.

Article 6 (Transitional Measures concerning Deferred Sale)

The deferred sale under the provisions of Article 83 of the previous Forestry Act at the time this Act enters into force shall be made pursuant to the previous Forestry Act.

Article 7 Omitted.

Article 8 (Relationship with Other Acts and subordinate Statutes) Where the previous Forestry Act and provisions thereof are cited in other Acts and subordinate statutes at the time this Act enters into force, this

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STATE FOREST ADMINISTRATION AND MANAGEMENT ACT

Act or the provisions of this Act corresponding thereto shall be deemed to
have been cited in place of the previous provisions when corresponding provisions exist in this Act.

ADDENDUM <Act No. 8102, Dec. 28, 2006>

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 (4) shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 8355, Apr. 11, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)

Articles 2 through 6 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. 9177, Dec. 26, 2008>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
(2) Omitted.

ADDENDA <Act No. 9401, Jan. 30, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force sex months the date of its promulgation. (Proviso
Omitted.)

Articles 2 through 11 Omitted.

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