[2025 National Audit] Frequent Evasion of Punishment for Illegal Forest Land Use Due to 'Statute of Limitations Expiration'

It has been found that cases where offenders could not be punished for illegal land use in forest areas due to the expiration of the statute of limitations are frequent. There are calls for measures to strengthen enforcement and minimize administrative gaps.

According to data submitted by Assemblyman Yoon Joonbyung, a member of the National Assembly's Agriculture, Food, Rural Affairs, Oceans & Fisheries Committee (Democratic Party, Jeongeup City and Gochang County in North Jeolla Province), to the Korea Forest Service, there have been a total of 11,251 cases of illegal land use in forest areas (covering 1,921 hectares) over the past five years.

Illegal Land Use Damage Status by Year from 2020 to June of This Year. Provided by Congressman Yoon Joonbyung's Office (Source=Korea Forest Service)

The estimated amount of damage caused by illegal land use in forest areas is 234.7 billion won. In addition to economic losses, the scale of damage could be even greater when considering environmental and social aspects, such as the loss of public functions of forests and increased risk of disasters.

The current Mountainous Districts Management Act requires obtaining permission for land use in forest areas. Violations are punishable by imprisonment of up to five years or a fine of up to 50 million won (for conservation forest areas).

Although the Korea Forest Service is conducting crackdowns on illegal land use in forest areas to prevent forest destruction in accordance with these regulations, Assemblyman Yoon pointed out that these efforts are insufficient to fundamentally resolve the issue.

In particular, inadequate enforcement and administrative gaps cause delays in detecting illegal land use in forest areas, which often results in offenders avoiding punishment due to the expiration of the statute of limitations.

Assemblyman Yoon cited a representative example: Yeduk Academy, where Baek Jongwon, CEO of The Born Korea, is listed as chairman. Yeduk Academy built a cafeteria, including on forested land, in the early 2000s without obtaining the required land use permit (illegal land use in forest areas).

This fact was belatedly revealed in October last year through a report to the National Sinmungo (public petition system). However, the investigation was closed in March of this year due to the expiration of the statute of limitations (no right of prosecution). Because of the delayed enforcement by the Korea Forest Service and local governments, the statute of limitations had expired, and thus no investigation was conducted.

The problem is that, as in the case of Yeduk Academy, cases where offenders could not be punished due to the expiration of the statute of limitations for illegal land use in forest areas have continued to occur recently.

Regarding this, Assemblyman Yoon stated, "Upon reviewing cases where offenders avoided punishment due to the expiration of the statute of limitations as a result of insufficient enforcement by the Korea Forest Service, an additional 24 cases were identified," adding, "This is the minimum number confirmed through delayed enforcement, and it is expected that there are more cases where illegal land use in forest areas continues due to enforcement gaps."

He continued, "Illegal land use in forest areas is a serious crime that goes beyond mere land use violations, as it increases the risk of disasters such as landslides and destroys the public functions of forests. It is urgent to strengthen enforcement capabilities and cooperation with local governments to detect illegal land use in a timely manner and to develop measures to minimize administrative gaps."