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  • Partial amendment to the Enforcement Decree of the Creation and Management of Forest Resources Act
    • Competent Ministry : Korea Forest Service
    • Advance Publication of Legislation : 2024-02-19
    • Opinion Submission Deadline : 2024-04-01

2. Reasons for Proposal

As the Creation and Management of Forest Resources Act was revised (Act No. 19805; promulgated on October 31, 2023, and to be enforced on May 1, 2024) to establish standards for administrative dispositions such as the designation and operation of native plant seed supply centers and follow-up monitoring agencies to ensure smooth supply of native plants necessary for restoring the forests, this amendment aims to prescribe matters delegated by the Act and necessary for their implementation.


3. Major Provisions

 A. Provide requirements for designation to institutions for follow-up monitoring of forest restoration sites (Article 48-7 (8) newly inserted)

Require having at least three master's degrees or forest technicians in the field of forest restoration, restoration equipment notified by the Minister of the Korea Forest Service, and a dedicated department and office


 B. Establish evaluation standards, etc. for institutions for follow-up monitoring of forest restoration sites (Article 48-11 newly inserted)

Require conducting written evaluations to determine whether designated standards are met, operational performance, etc. and confirming and notifying evaluation results through objections and verification

  * Evaluate every two years and implement administrative measures such as corrective orders according to the evaluation results

 C. Provide designation requirements for native plant seed supply centers (Article 48-12 newly inserted)

Organizations that operate an arboretum and have at least three professional managers, a dedicated department, and a field of at least 3,000 m2 in accordance with the Act on the Creation and Furtherance of Arboretums and Gardens


 D. Establish evaluation standards, etc. for native plant seed supply centers (Article 48-13 newly inserted)

Require conducting written evaluations to operational performance, the adequacy of facility management, etc. and confirming and notifying evaluation results through objections and verification

  * Evaluate every two years and implement administrative measures such as corrective orders according to the evaluation results


 E. Establish requirements that must be met by seeds and seedlings growers who produce native plant seeds (Article 48-14 newly inserted)

Seeds and seedlings growers who have a field of more than 1,000 m2 and a simplified greenhouse of more than 330 m2


 F. Establish compensation for losses to native plant seed production agents (Article 48-15 newly inserted)

If an agent who produces native plant seeds suffers damage due to a natural disaster, Article 15* shall apply mutatis mutandis to compensate for the loss.

  * Appropriating an amount not exceeding 2/100 of the production cost of seeds and seedlings for expenditure for seeds and seedlings


 G. Delegate authority for certification of native plant seeds (Article 71 (2) 8 and (4) 5 newly inserted)

Establish provisions on delegating affairs related to certification and certification marking of native plant seeds to the head of the National Forest Seed Variety Center and head of the Korea National Arboretum

  * Seeds for afforestation to the head of the National Forest Seed Variety Center and seeds other than for afforestation to the head of the Korea National Arboretum


 H. Add criteria for imposing administrative fines (Attached Table 3 related to Article 73)

If the follow-up monitoring agency or the native plant seed supply center does not comply with the corrective order, the amount of the administrative fine shall be determined depending on the number of violations.

  * Prescribe heavier penalties depending on the number of violations (1 million won for the first violation, 3 million won for the second violation, and 5 million won for the third violation)

Regulatory effect assessment
  • 산림자원의 조성 및 관리에 관한 법률 시행령(규제영향분석서)_20240213.hwp [download]
Legislative proposal (draft)
  • 240213_산림자원법 시행령 일부개정령안.hwpx [download]