Article 168-9 (Scope of Forests, etc.)

The term "forests, etc. that are necessary for public interest or for the protection and cultivation of forests as determined by Presidential Decree" as used in Article 104-3 (1) 2 (a) of the Act refers to forests, etc. falling under any of the following subparagraphs. <Amended by Feb. 28, 2007, Feb. 29, 2008, Apr. 3, 2008, Sep. 22, 2008, Jun. 9, 2009, Feb. 18, 2010, Mar. 9, 2010, Feb. 3, 2015, May 7, 2024, Dec. 30, 2025, Feb. 27, 2026> 1. Forest protection zones pursuant to the Forest Protection Act, seed forests (採種林) or experimental forests pursuant to the Act on the Creation and Management of Forest Resources 2. Forests, etc. within forest land pursuant to the Mountainous Districts Management Act, which fall under any of the following sub-items. Provided, that forests, etc. within urban areas (excluding conservation green zones pursuant to Article 30 of the Enforcement Decree of the Act on National Land Planning and Utilization; hereinafter the same applies in this subparagraph) pursuant to the Act on National Land Planning and Utilization, and which have passed three years from the date of their incorporation into urban areas, shall be excluded. a. Forests, etc. for which forest management plan approval has been obtained pursuant to the Act on the Creation and Management of Forest Resources and which are currently under forest management operations (施業) b. Forests, etc. within special forest project zones pursuant to the Act on the Creation and Management of Forest Resources 3. Temple forests or communal forests (洞有林) 4. Forest protection zones and natural environment zones within national parks pursuant to the Natural Parks Act 5. Forests, etc. within urban parks pursuant to the Urban Parks and Green Spaces Act, etc. 6. Protected areas pursuant to the Act on the Preservation and Utilization of Cultural Heritage, or protected areas pursuant to the Act on the Preservation and Utilization of Natural Heritage 7. Traditional temple protection areas owned by traditional temples pursuant to the Act on the Preservation and Support of Traditional Temples 8. Forests, etc. within restricted development zones pursuant to the Act on Special Measures for the Designation and Management of Restricted Development Zones 9. Forests, etc. within military base and military facility protection zones pursuant to the Act on the Protection of Military Bases and Military Facilities 10. Forests, etc. within roadside protection zones pursuant to the Road Act 11. Forests, etc. within railway protection districts pursuant to the Railway Safety Act 12. Forests, etc. within flood management zones pursuant to the River Act 13. Forests, etc. within water source protection zones pursuant to the Water Supply Act 14. Other forests, etc. deemed necessary for public interest or for the protection and cultivation of forests, as determined by decree of the Ministry of Economy and Finance.

The term "as determined by Presidential Decree" as used in Article 104-3 (1) 2 (c) of the Act refers to matters falling under any of the following subparagraphs. <Amended by Feb. 28, 2007, Feb. 29, 2008, Feb. 18, 2010, Sep. 20, 2010, Jul. 20, 2015, Jan. 5, 2021, Dec. 30, 2025> 1. Forests, etc. used by forestry successors pursuant to the Act on the Promotion of Forestry and Rural Communities for the production of forest seeds, forest seedlings, mushrooms, bonsai, wild flowers, mountain vegetables, and other forest products. 2. Forests, etc. used by seed and seedling producers pursuant to the Act on the Creation and Management of Forest Resources for the production of forest seeds or forest seedlings. 3. Forests, etc. used for the creation, management, or operation of natural recreation forests pursuant to the Act on Forest Culture, Leisure, and Recreation. 4. Forests, etc. used for the creation, management, or operation of arboretums pursuant to the Act on the Creation and Promotion of Arboretums and Gardens. 5. Forests, etc. directly used by forest cooperatives for their inherent purposes. 6. Forests, etc. directly used for their businesses by social welfare corporations, etc., schools, etc., religious and ancestral rites organizations, and political parties pursuant to Articles 22, 41, 50, and 89 of the Local Tax Limitation Act. 7. Inherited forests, etc. that have not passed three years from the date of commencement of inheritance. 8. Forests, etc. owned by a clan (limited to those acquired before December 31, 2005). 9. Other forests, etc. directly related to residence or business, considering the owner, location, usage, ownership period, and area of the land, as determined by decree of the Ministry of Economy and Finance.