Article 47(Legal fiction of authorization or permission related to establishment of factories) #
(1) Where a plan to establish factories is approved pursuant to Article 45(1), with respect to matters on which the head of a Si/Gun/Gu has a consultation with the head of another administrative agency under paragraph (4) for the following permission, authorization, license, approval, designation, determination, reporting, cancellation, or abolition of use (hereafter in this Article referred to as "permission, etc."), such permission, etc. shall be deemed granted: <Amended on Dec. 27, 2022>
1. Approval for factory establishment, etc. under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act;
2. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act or cancellation of the designation of land for erosion control prescribed in Article 20 of that Act;
3. Permission for occupancy and use of public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan for occupancy or use under Article 17 of that Act, a license for reclamation of public waters under Article 28 of that Act;
4. Permission for river works under Article 30 of the River Act or permission for occupancy and use under Article 33 of that Act;
5. Permission for conversion of mountainous districts under Article 14 of the Mountainous Districts Management Act, reporting on conversion of mountainous districts under Article 15 of that Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of that Act, approval for change of use under Article 21 of that Act, and permission for and reporting on felling standing timber, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act;
6. Permission for building private roads under Article 4 of the Private Road Act;
7. Permission for development activities under Article 56(1) of the National Land Planning and Utilization Act, designation of an implementer of urban or Gun planning facilities projects under Article 86 of that Act, and formulation and authorization of implementation plans under Article 88 of that Act;
8. Permission for diversion of farmland under Article 34(1) of the Farmland Act, reporting on diversion of farmland under Article 35(1) of that Act, and approval for alteration of use under Article 40(1) of that Act;
9. Permission for or reporting on conversion of grassland under Article 23 of the Grassland Act;
10. Permission for use of administrative property under Article 30 of the State Property Act, and abolition of use of roads, rivers, ditches, or dikes under Article 40 of that Act;
11. Permission for occupancy and use of roads under Article 61(1) of the Road Act;
12. Consultation on mini environment impact assessment under the Environmental Impact Assessment Act;
13. Permission for use of agricultural infrastructure under the main clause of Article 23(1) of the Agricultural and Fishing Villages Improvement Act;
14. Permission for reburial of graves installed on another person's land under Article 27(1) of the Act on Funeral Services;
15. Permission for use of or profit-making from administrative property under Article 20(1) of the Public Property and Commodity Management Act or abolition of use of administrative property under Article 11 of that Act;
16. Permission for land transaction contracts under Article 11 of the Act on Report on Real Estate Transactions;
17. Permission for occupancy and use of small rivers under Article 14 of the Small River Maintenance Act;
18. Consultation on disaster impact assessment under Article 4 of the Countermeasures against Natural Disasters Act.
(2) Where building permission is granted under Article 11 of the Building Act with respect to factories for which approval of a plan for their establishment is obtained under Article 45(1), for matters on which the head of the competent Si/Gun/Gu has a consultation with the head of another administrative agency under paragraph (4) for the following permission, authorization, approval, consent, review, or reporting (hereafter in this Article referred to as "approval, etc."), such approval, etc. shall be deemed obtained: <Amended on Dec. 28, 2021>
1. Permission for occupancy and use of roads under Article 61(1) of the Road Act;
2. Permission for occupancy and use under Article 24 of the Sewerage Act and reporting on the installation of drainage systems under Article 27(3) and (4) of that Act;
3. Reporting on the installation of private sewerage treatment facilities under Article 34(2) of the Sewerage Act;
4. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Management of Firefighting Systems, reporting on firefighting system installation under Article 13(1) of the Firefighting System Installation Business Act, and permission for construction of factories, etc. under Article 6(1) of the Act on the Safety Control of Hazardous Substances;
5. Permission for or reporting on the installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, Article 8 of the Noise and Vibration Control Act, and Article 11 of the Act on the Management and Use of Livestock Excreta;
6. Approval for or reporting on the installation of waste treatment facilities under Article 29(2) of the Wastes Control Act;
7. Authorization for the installation of private-use waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
8. Authorization for or reporting on plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
9. Permission for the installation of explosives storage facilities under Article 25(1) of the Act on the Safety Management of Guns, Swords, and Explosives;
10. Building permission under Article 11(1) of the Building Act, reporting on building construction under Article 14(1) of that Act, permission for or reporting on the construction of temporary buildings under Article 20(1) and (3) of that Act, and reporting on the erection of structures under Article 83(1) of that Act;
11. Reporting on the installation of specified facilities subject to the control of soil contamination under Article 12 of the Soil Environment Conservation Act;
12. Permission for gas appliance manufacturing business under Article 5 of the Safety Control and Business of Liquefied Petroleum Gas Act and permission for building liquefied petroleum gas storage facilities under Article 8 of that Act;
13. Permission for the production of high-pressure gas and permission for the establishment of storage places under Article 4 of the High-Pressure Gas Safety Control Act, registration of manufacturing of containers, refrigerators, and specified equipment under Article 5(1) of that Act, or reporting on the use of specified high-pressure gas under 20(1) of that Act;
14. Review of hazard prevention plans under Article 42(4) of the Occupational Safety and Health Act and review of process-safety reports under Article 45(1) of that Act.
(3) Where the use of buildings is approved under Article 22 of the Building Act with respect to factories for which approval of a plan for their establishment is obtained under Article 45(1), for matters on which the head of the competent Si/Gun/Gu has a consultation with the head of another administrative agency under paragraph (4) for the following inspection, reporting, consent, or application (hereafter in this Article referred to as "inspection, etc."), such inspection, etc. shall be deemed completed: <Amended on Dec. 28, 2021>
1. Completion inspections of private sewage treatment facilities under Article 37 of the Sewerage Act;
2. Consent to permission for use under Article 6(1) of the Act on Installation and Management of Firefighting Systems, completion inspections of firefighting system installation under Article 14 of the Firefighting System Installation Business Act, and completion inspections of facilities, etc. under Article 9 of the Act on the Safety Control of Dangerous Substances;
3. Reporting on the commencement of use of waste treatment facilities under Article 29(4) of the Wastes Control Act;
4. Reporting on the commencement of operation of emission facilities, etc. under Article 30(1) of the Clean Air Conservation Act and Article 37 of the Water Environment Conservation Act;
5. Completion inspections under Article 43 of the Act on the Safety Management of Guns, Swords, and Explosives;
6. Conditional permission for the business of manufacturing drinking spring water, etc. under Article 23(1) of the Drinking Water Management Act;
7. Pre-use inspections of electric installations for private use under Article 9 of the Electrical Safety Management Act;
8. Completion inspections of storage facilities and gas appliance manufacturing facilities under Article 36(2) of the Safety Control and Business of Liquefied Petroleum Gas Act;
9. Completion inspections of works to build facilities for manufacturing or storing high-pressure gas or facilities for manufacturing containers, etc. under Article 16(3) of the High-Pressure Gas Safety Control Act and completion inspections of facilities for using specified high-pressure gas under Article 20(4) of that Act;
10. Completion inspections under Articles 62(1) and 98(2) of the National Land Planning and Utilization Act;
11. Applications for registration of land alteration, etc. Article 64(2) of the Act on the Establishment and Management of Spatial Data.
(4) Where the head of a Si/Gun/Gu grants approval of a plan to establish factories under Article 45, building permission under Article 11(1) of the Building Act, or approval for use under Article 22(1) of that Act and any matter falling under paragraphs (1) through (3) included in the details of such approval or permission is under the authority of another administrative agency, he or she shall have a consultation thereon with the head of the relevant administrative agency, who, upon receipt of a request for the consultation, shall submit his or her opinion within the period prescribed by Presidential Decree. In such cases, where the head of another administrative agency fails to submit his or her opinion within such period, no opinion shall be deemed submitted.