Article 8(Constructive Authorizations, Permits, etc. under Other Statutes) #
(1) If a person who intends to construct an urban railroad obtains approval for its business plan or any modification to such plan pursuant to Article 7 (1), as for the matters on which the Minister of Land, Infrastructure and Transport has consulted in advance with the heads of the competent administrative agencies regarding the following consultations, approvals, permits, authorizations, consent, cancellations, determinations, reports, designations, licenses, deliberations, etc. (hereinafter referred to as "authorizations, permits, etc."), the person shall be deemed to have obtained authorizations, permits, etc. and where a business plan is approved or an approval of modification is publicly notified, it shall be deemed that there has been a public notice or announcement of approval, permission, etc. pursuant to the relevant laws: <Amended on Jan. 14, 2014; Jan. 17, 2017; Mar. 31, 2020; Nov. 30, 2021; Dec. 26, 2022; Jan. 9, 2024>
1. Deliberation by the Construction Technology Deliberation Committee under Article 5 of the Construction Technology Management Act;
2. Deliberation by the Building Committee under Article 4 of the Building Act; a building permit granted under Article 11 of the Building Act; a building report submitted under Article 14 of the same Act; a building permit for erection of a temporary building under Article 20 of the same Act; and consultations on erection of a building for public use Article 29 of the same Act;
3. A permit to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; consultations or approval under Article 10 of the same Act; authorization of, or report on an implementation plan for occupancy or use under Article 17 of the same Act; or a reclaim license of public waters granted under Article 28 of the same Act; consultations or approval under Article 35 of the same Act; and approval of an implementation plan for reclamation under Article 38 of the same Act;
4. Determination of an urban/Gun management plan (limited to infrastructure as defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act) under Article 30 of the same Act; designation of the implementer of an urban/Gun planning facility project under Article 86 of the same Act; and authorization of the implementation plan of an urban/Gun planning facility project under Article 88 of the same Act;
5. A permit to enter a controlled protection zone, etc. under Article 9 (1) 1 of the Protection of Military Bases and Installations Act; and consultations on permission, etc. by administrative agencies under Article 13 of the same Act;
6. A permit to divert farmland or consultations thereon under Article 34 of the Farmland Act;
7. A permission to execute road works under Article 36 of the Road Act and permission to occupy and use road under Article 61 of the Act;
8. A permit to install, or report on installing, emission or discharge facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, or Article 8 of the Noise and Vibration Control Act;
9. A permit to open a private road under Article 4 of the Private Road Act;
10. A permit to cut trees or perform other activities on land treated for erosion or collapse control under Article 14 of the Erosion Control Work Act, or cancellation of designation of land treated for erosion or collapse control under Article 20 of the same Act;
11. Approval for establishment, etc. of factories (limited to factories for construction works directly necessary for a railroad construction project and established during the period for construction of the railroad) under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
12. A permit to convert a mountainous district under Article 14 of the Mountainous Districts Management Act; reporting on conversion of a mountainous district under Article 15 of the same Act; permission for or reporting on temporary use of a mountainous district under Article 15-2 of the same Act; or permission for or reporting on cutting standing timber, etc. under Article 36 (1) or (5) of the Creation and Management of Forest Resources Act;
13. Consent to building permits, etc. under Article 6 (1) of the Act on Installation and Maintenance of Firefighting Systems;
14. Authorization for installation of an exclusive water supply system under Article 52 of the Water Supply and Waterworks Installation Act, or authorization for installation of an exclusive industrial water supply system under Article 54 of the same Act;
15. Consultations with park management agencies under Article 71 (1) of the Natural Parks Act (limited to permits to engage in activities in the park area under Article 23 of the same Act);
16. A permission to relocate an unclaimed grave under Article 27 (1) of the Act on Funeral Services;
17. Approval for or reporting on a construction plan for electric installations for electricity utility business under Article 61 of the Electric Utility Act; or approval for or reporting on a construction plan for electric installations for private use under Article 8 of the Electrical Safety Management Act;
18. A permit to change the form and quality of grassland and to engage in activities referred to in the subparagraphs of Article 21-2 of the Grassland Act within grassland; or permission for, or consultations on conversion of grasslands under Article 23 of the Grassland Act;
19. Approval for, or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
20. A permit to execute a public sewerage project under Article 16 of the Sewerage Act, or a permit to occupy and use a public sewerage system under Article 24 of the same Act;
21. A permit to execute river works under Article 30 of the River Act; a permit to occupy and use a river under Article 33 of the same Act; or a permit to occupy and use river water under Article 50 of the same Act.
(2) Where any of the matters provided for in the subparagraphs of paragraph (1) is involved in approving a business plan or approving any modification thereof under Article 7 (1), the Minister of Land, Infrastructure and Transport shall first consult thereon with the heads of the relevant administrative agencies. <Amended on Jan. 9, 2024>
(3) Deleted. <Jan. 9, 2024>
(4) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall hold a general conference for consultations referred to in paragraph (2), as prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall require subordinate public officials to attend the general conference.
(5) Except as provided in paragraphs (1), (2), and (4), Articles 24 through 26 of the Framework Act on Administrative Affairs shall apply mutatis mutandis to the standards for and effects of legal fiction, such as authorizations, permits, etc. <Amended on Jan. 9, 2024>