Impacts of the Natural Heritage Act on the overlapping legal designation and conservation management of protected species in Korea
This study analyzed the overlapping legal designations of protected species and the resulting conflicts in management systems among government ministries following the enactment of the Natural Heritage Act. It also proposed institutional improvements to enhance the effectiveness of species conservation. The analysis specifically focused on endangered wildlife designated by the Ministry of Climate, Energy and Environment, marine protected species designated by the Ministry of Oceans and Fisheries, specially protected forest species designated by the Korea Forest Service, and natural monuments and related natural heritage systems administered by the Korea Heritage Service. Based on relevant statutes and prior policy studies, the study evaluated inter-legal conflicts, the overlap in management instruments, and the heritage eligibility of natural monuments. Heritage eligibility was assessed using two criteria: land attachment and human contribution. The results revealed that 51 taxa were subject to overlapping legal designation between protected species and natural monuments. Although the Natural Heritage Act did not directly inherit the principle of preserving original form, it maintained or expanded the regulatory structure of the former Cultural Heritage Protection Act in several areas, including investigation, protection, permitting, penalties, propagation and restoration, and genetic resource conservation. Heritage eligibility was found to be relatively high for breeds, old trees, village groves, habitats, growth sites, and natural protected areas. However, wild species themselves were difficult to classify as national heritage. Therefore, the study concludes that wild species should primarily be managed under environmental legislation, while the Natural Heritage Act should concentrate on place-based protection systems such as habitats and natural protected areas.