Article 16(Legal fiction of authorization or permission when approval of business plans is granted) #
(1) When approval of a business plan is obtained in accordance with Article 15(1) or (2), the following permission, revocation, or reporting shall be deemed granted or made with respect to matters for which a prior consultation has been made between the head of the competent administrative agency and a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: <Amended on Dec. 27, 2007; Mar. 25, 2009; Apr. 15, 2010; May 31, 2010; Dec. 27, 2022; May 16, 2023>
1. Permission for diversion of farmland prescribed in Article 34(1) of the Farmland Act;
2. Permission for or reporting on conversion of a mountainous district prescribed in Article 14 and 15 of the Mountainous Districts Management Act, permission for or reporting on temporary use of mountainous districts prescribed in Article 15-2 of that Act, or permission for or reporting on felling standing timber, etc. prescribed in Article 36(1) or (5) or Article 45(1) or (2) of the Creation and Management of Forest Resources Act;
3. Revocation of designation as an area subject to erosion control prescribed in Article 20 of the Erosion Control Work Act;
4. Permission for diversion of grassland prescribed in Article 23 of the Grassland Act;
5. Permission for any river work, etc. or authorization for an implementation plan therefor prescribed in Article 30 of the River Act, or permission for occupation and use or authorization for an implementation plan therefor prescribed in Article 33 of the said Act;
6. Permission for occupation or use of the public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act or authorization for or reporting on implementation plans on occupation or use prescribed in Article 17 of the Act;
7. Permission for opening a private road prescribed in Article 4 of the Private Road Act;
8. Permission for any development activity prescribed in Article 56 of the National Land Planning and Utilization Act;
9. Reporting on reinterment of a grave prescribed in Article 8(3) of the Act on Funeral Services and permission for reinterment of a grave prescribed in Article 27 of the that Act.
(2) Whenever intending to grant approval for a business plan involving matters falling under any of subparagraphs of paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall have a prior consultation with the head of the competent administrative agency. <Amended on Jun. 5, 2008; Jun. 12, 2018; May 16, 2023>
(3) When intending to grant approval for a change of a business plan under Article 15(1) and (2), and if such change involves a change of purpose of a building, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall consult with the head of the competent administrative agency in advance. <Amended on Jun. 5, 2008; Jun. 12, 2018>
(4) A tourism business operator (applicable only to a tourist accommodation business) shall be deemed to have obtained permission or filed a report in relation to a change in the purpose of a building under the Building Act, if he or she has obtained approval for change to the relevant business plan in accordance with the latter part of Article 15(1).
(5) If approval for a business plan or change thereto has been granted pursuant to Article 15(1), Article 76(1) of the National Land Planning and Utilization Act shall not apply to tourist accommodation and amusement facilities within such facilities included in the business plan and located within the area designated as any of the following zones pursuant to that Act; provided, this shall apply to such facilities within a residential area only when the facilities involved conform to the guidelines for approval for a business plan, as prescribed by Presidential Decree, in an effort to protect the residential environment: <Amended on Aug. 8, 2023>
1. A commercial zone;
2. A residential, industrial, or green zone specified by Presidential Decree.
(6) Where a business plan formulated under Article 15(1) is approved, the proviso, with the exception of the subparagraphs, of Article 6(1) of the School Health Act shall not apply to the establishment of a tourism accommodation facility under such business plan located in an area prescribed by Presidential Decree as well as within a lineal distance of at least 75m from the gate of a school prescribed in Article 2 of the School Health Act or the gate of the scheduled site for a school. <Added on Dec. 22, 2015>
(7) Where a business plan formulated under Article 15(1) or change to such business plan is approved, Article 6(1)13 of the School Health Act shall not apply to a facility meeting the following subparagraphs, which is a tourism accommodation facility under the business plan: <Added on Dec. 22, 2015>
1. No act or facility in a tourism accommodation facility shall fall under any of the acts or facilities prescribed in Article 6(1)12, 14 through 16, or 18 through 20 of the School Health Act;
2. The tourism accommodation facility shall have at least 100 guest rooms;
3. The tourism accommodation facility shall be located in an area prescribed by Presidential Decree;
4. Communal space in the tourism accommodation facility shall be open-style structure, as prescribed by Presidential Decree;
5. The tourism accommodation facility shall be located beyond a lineal distance of at least 75m from the gate of a school under Article 2 of the School Health Act or the gate of the scheduled site for a school.
(8) A person who intends to establish a tourism accommodation facility without being governed by Article 6(1)13 of the School Health Act because he or she meets requirements prescribed in the subparagraphs of paragraph (7) shall undergo review from the building committee prescribed in Article 4 of the Building Act to determine whether the tourism accommodation facility interferes with educational environment. <Added on Dec. 22, 2015>
(9) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to approve a business plan (limited to a business plan of a person who intends to establish a tourism accommodation facility without being governed by Article 6(1)13 of the School Health Act because he or she meets requirements prescribed in the subparagraphs of paragraph (7)) under Article 15(1) or change to such business plan, he or she may attach conditions requiring the person who intends to establish a tourism accommodation facility to take measures to protect educational environment and traffic safety. <Added on Dec. 22, 2015; Jun. 12, 2018>
(10) Except as provided in paragraphs (1) through (4), Article 24 through 26 of the Framework Act on Administrative Affairs shall apply mutatis mutandis to the standards for and effects of the legal fiction under this Article. <Added on May 16, 2023>
[The amended provisions of Article 16(6) through (9) of the Act (Act No. 13594 promulgated on Dec. 22, 2015) shall be effective until March 22, 2021 under Article 2 of the Addenda to that Act]