Article 106(Legal fiction of designation under other statutes) #
(1) Where a village improvement zone is designated and publicly notified pursuant to Article 101, matters on which consultations have been held in advance with the heads of relevant administrative agencies regarding the following designations, determinations, finalizations, etc. shall be deemed designated, determined, finalized, etc. as prescribed in a village improvement plan publicly notified pursuant to Article 101(8): <Amended on Apr. 14, 2011>
1. Designation of a tourist site and tourism complex prescribed in Article 52 of the Tourism Promotion Act;
2. Determination of an Urban/Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act, which designates or alters a planned control area that is not an urban area among special-purpose areas referred to in Article 36 or designates or alters a settlement district among special-purpose districts referred to in Article 37 of that Act (limited to where the requirements prescribed in Article 51(3) of that Act are met where a planned control area is designated or altered);
3. Determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act, by which any fishery-resource protection zone is altered and its designation as such is cancelled accordingly pursuant to Article 40 of the same Act;
4. Determination of an Urban/Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act, which designates a district-unit planning zone prescribed in Article 51 of that Act;
5. Formulation of a project plan under Article 6 of the Islands Development Promotion Act; or finalization of a project plan under Article 7 of the same Act;
6. Designating a general logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities;
7. Designation of an agro-industrial complex prescribed in Article 8 of the Industrial Sites and Development Act.
(2) Where the implementer of a rural improvement project obtains approval of a plan for the rural improvement project pursuant to Article 9, 58, 59, 82, 83 or 96, matters on which consultations have been held under paragraph (4) shall be deemed obtained permission, authorization, consultation, consent, licenses, cancellation, report or approval (hereinafter referred to as "authorization, permission, etc.") and when the plan for the rural improvement project is publicly notified, the public notice or announcement of authorization, permission, etc. prescribed in relevant statutes shall be deemed provided or made: <Amended on Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Feb. 17, 2012; Feb. 22, 2012; Jan. 14, 2014; Jan. 21, 2014; Jun. 3, 2014; Jan. 19, 2016; Mar. 31, 2020; Jul. 20, 2021; Nov. 30, 2021; Dec. 27, 2022; Mar. 21, 2023; Aug. 8, 2023; Feb. 6, 2024>
1. Building permission prescribed in Article 11 of the Building Act; building reporting under Article 14 of that Act; and permission for or reporting on a temporary building prescribed in Article 20 of that Act;
2. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act; or reporting on screening, washing, etc. of aggregate under Article 32 of the same Act;
3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval for, or reporting on, an implementation plan for occupation or use under Article 17 of the same Act; a license to reclaim land from public waters under Article 28 of the same Act; public notice on a license to reclaim land from public waters under Article 33 of the same Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of the same Act; or approval for, or public notice on, an implementation plan to reclaim land from public waters under Article 38 of the same Act;
4. Deleted. <Apr. 15, 2010>
5. Permission for usage or making profits pursuant to Article 20 of the Public Property and Commodity Management Act;
6. Approval of a resort condominium business plan prescribed in Article 15 of the Tourism Promotion Act;
7. Permission to use under Article 30 of the State Property Act;
8. Determination (excluding determination and alteration of special-purpose areas, special-purpose districts and special-purpose zones) of an Urban/Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act; determination of an Urban/Gun management plan to establish Urban/Gun planning facilities prescribed in Article 43 of that Act; permission to engage in development activities prescribed in Article 56 of that Act; designation of the implementer of an Urban/Gun planning facility project prescribed in Article 86 of that Act; and authorization of an implementation plan prescribed in Article 88 of that Act;
9. Permission to divert farmland prescribed in Article 34(1) of the Farmland Act and reporting on diversion of farmland prescribed in Article 35 of that Act;
10. Permission granted to a person who is not a road management agency to execute road works prescribed in Article 36 of the Road Act; permission to engage in activities in an area adjacent to a road prescribed in Article 40 of that Act; permission to occupy and use a road prescribed in Article 61 of that Act; and consultation with and approval of a road management agency prescribed in Article 107 of that Act;
11. Designation of the implementer of an urban development project prescribed in Article 11 of the Urban Development Act and authorization of the implementation plan of an urban development project prescribed in Article 17 of that Act;
12. Permission under Article 35(1)1 and 2 of the Act on Preservation and Utilization of Cultural Heritage, permission to use State-owned land under the proviso of Article 66 of the same Act (including cases to which the aforementioned provisions shall apply mutatis mutandis pursuant to Article 63 of the Act on Preservation and Utilization of Natural Heritage), and permission under Article 17(1)1, 2, 4, and 5 of the Act on Preservation and Utilization of Natural Heritage;
13. Permission to open a private road prescribed in Article 4 of the Private Road Act;
14. A permission for lumbering under Article 14 of the Erosion Control Work Act and the cancellation of designation as land of erosion control area Article 20 of the aforesaid Act;
15. Permission for or reporting on felling standing timber under Article 36(1) or (5) of the Creation and Management of Forest Resources Act and permission for or reporting on activities within a forest protection area (excluding forest genetic resources protection zone) under Article 9(1) and (2)1 or 2 of the Forest Protection Act;
16. Permission to change land shape, quality, etc. in an industrial complex prescribed in Article 12 of the Industrial Sites and Development Act;
17. Change and cancellation of preserved mountainous districts under Article 6 of the Mountainous Districts Management Act, cancellation of the designation of restricted areas for conversion or temporary use of mountainous districts under Article 11 of the same Act, permission for conversion of mountainous districts under Article 14 of the same Act, reporting on conversion of mountainous districts under Article 15 of the same Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act, and permission for collecting earth or stones under Article 25 of the same Act;
18. Consent to building permission, etc. prescribed in Article 6 of the Act on Installation and Management of Firefighting Systems;
19. Permission for implementation of construction over small rivers pursuant to Article 10 of the Small River Maintenance Act and permission for occupation, use, etc. of small rivers pursuant to Article 14 of the same Act;
20. Approval of general waterworks under Article 17 of the Water Supply and Waterworks Installation Act and approval of waterworks for exclusive use under Article 52 of the same Act;
21. Approval to perform construction works within protected waters prescribed in Article 47(2) of the Fishery Resources Management Act;
22. Permit to engage in acts in a park area under Article 23 of the Natural Parks Act;
22-2. Permission under Article 17(1) of the Act on Preservation and Utilization of Natural Heritage;
23. Permission to relocate an unknown person's grave prescribed in Article 27 of the Act on Funeral Services;
24. Authorization of or reporting on a plan for electric facility installation works for electric business prescribed in Article 61 of the Electric Utility Act, and authorization for or reporting on a plan for private-use electric facility installation works prescribed in Article 8 of the Electrical Safety Management Act;
25. Approval of a project plan under Article 15 of the Housing Act;
26. Permission to build and operate youth training facilities prescribed in Article 11 of the Youth Activity Promotion Act;
27. Approval for a business plan prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act;
28. Permission to change land shape and quality prescribed in Article 21-2 of the Grassland Act and permission for, or reporting or consultation on grassland conversion prescribed in Article 23 of that Act;
29. Examination to publish maps, etc. prescribed in Article 15(4) of the Act on the Establishment and Management of Spatial Data, and reporting on commencement, change or completion of works prescribed in Article 86(1) of that Act;
30. Approval for, or reporting on, the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
31. Consultation on and approval of a sewerage improvement master plan; authorization for installation of public sewerage; permission to perform works; permission to occupy; reporting on installation of draining facilities; and reporting on installation of private-use sewerage prescribed in Articles 6, 11, 16, 24, 27 and 34 of the Sewerage Act;
32. Consultation with or approval by river management authorities prescribed in Article 6 of the River Act; permission to perform river improvement works prescribed in Article 30 of that Act; permission to occupy and use a river prescribed in Article 33 of that Act; permission to engage in activities within a flood control zone prescribed in Article 38 of that Act; permission to use river water prescribed in Article 50 of that Act; and concession of a desolate riverbed, etc. prescribed in Article 85 of that Act.
(3) Where a person who intends to operate a rural tourism and resort site business pursuant to Article 85(1) files a report on a rural tourism and resort site business operator with the head of a Si/Gun/Gu, matters on which consultation has been held under paragraph (4) shall be deemed to have been reported on as follows: <Amended on Jul. 25, 2023>
1. Reporting on business prescribed by Presidential Decree among sports facilities business requiring reporting under the Installation and Utilization of Sports Facilities Act;
2. Reporting on accommodation or public bathhouse business prescribed in the Public Health Control Act;
3. Reporting on business prescribed by Presidential Decree among food service businesses prescribed in the Food Sanitation Act.
(4) Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the head of a local government formulates or approves an implementation plan for a rural improvement project or where the head of a Si/Gun/Gu accepts a report on a rural tourism and resort site business operator, he or she shall consult in advance with the heads of relevant administrative agencies if the implementation plan or report includes matters falling under the subparagraphs of paragraph (1), (2) or (3). <Amended on Dec. 24, 2018>
(5) The heads of relevant administrative agencies shall express their opinions within 30 days from the date they receive a request for consultation prescribed in paragraph (4); provided, where there are unavoidable grounds, the period may be extended by up to 10 days. <Added on Dec. 24, 2018>
(6) Except as provided in paragraphs (1) through (5), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction under this Article. <Added on Jul. 25, 2023>
[Title Amended on Jul. 25, 2023]