Article 32(Legal Fiction of Authorization or Permission under Other Statutes) #
(1) Where a river management agency has established, and given a public notice on, an action plan for river works in accordance with Article 27, or where any person other than a river management agency has obtained authorization for an action plan for river works in accordance with Article 30 (5), any matters on which the Minister of Environment or a river management agency has consulted with the head of the relevant administrative agency under paragraph (3) with regard to following permission, authorization, license, approval, decision, cancellation, deliberation, report, consultation, disposition, etc. (hereafter in this Article referred to as "authorization, permission, etc.") shall be deemed granted the required authorization, permission, etc.; and where a public notice is made on an action plan for river works or the authorization of an action plan for river works of a person other than a river management agency, a public notice or a public announcement shall be deemed made regarding any of the following authorizations, permissions, etc. under relevant statutes: <Amended on Dec. 21, 2007; Dec. 27, 2007; Mar. 21, 2008; Dec. 31, 2008; Apr. 1, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Jan. 17, 2017; Dec. 24, 2018; Jun. 9, 2020; Dec. 31, 2020; Dec. 27, 2022; Aug. 8, 2023; Sep. 14, 2023>
1. Deliberation by the Building Committee pursuant to Article 4 of the Building Act; building permission pursuant to Article 11 of that Act; a building report pursuant to Article 14 of that Act, building permission for temporary structures pursuant to Article 20 (1) of that Act; and building consultations pursuant to Article 29 of that Act;
2. Permission to extract aggregate pursuant to Article 22 of the Aggregate Extraction Act;
3. Permission to occupy or use public waters pursuant to Article 8 of the Public Waters Management and Reclamation Act; consultation or approval pursuant to Article 10 of that Act; authorization of an implementation plan for occupancy or use pursuant to Article 17 of that Act; a license to reclaim public waters pursuant to Article 28 of that Act; consultation on or approval for reclamation executed by the State, etc. pursuant to Article 35 of that Act; and approval of an implementation plan for reclaiming public waters pursuant to Article 38 of that Act;
4. Deleted; <Apr. 15, 2010>
5. Decisions on urban/Gun management plans (limited to the infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act) under Article 30 of that Act, permission for development activities under Article 56 of that Act, designation of an implementer of urban/Gun planning facility projects under Article 86 of that Act, and authorization for implementation plans under Article 88 of that Act;
6. Permission to access a controlled protection zone, etc. pursuant to Article 9 (1) 1 of the Protection of Military Bases and Installations Act; and consultation on permission, etc. by an administrative agency pursuant to Article 13 of that Act;
7. Permission to change land shape or quality under Article 111 of the Agricultural and Fishing Villages Improvement Act;
8. Permission for or consultation on farmland conversion pursuant to Article 34 of the Farmland Act; and permission to temporarily use farmland pursuant to Article 36 of that Act;
9. Determination of a road zone under Article 25 of the Road Act, permission for a person, other than a road management authority, to conduct road works under Article 36 of that Act, permission to occupy and use a road under Article 61 of that Act, and consultation with or approval from a road management authority under Article 107 of that Act;
10. Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks and Green Areas permission to engage in acts in an urban natural park zone under Article 27 of that Act, or permission to occupy and use a green area under Article 38 of that Act;
11. Reporting on any change in the current state of the State-registered cultural heritage under Article 17 of the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage;
12. Permission to build private roads pursuant to Article 4 of the Private Road Act;
13. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act and revocation of designation as land for erosion control under Article 20 of that Act;
14. Permission to cut standing timber and reporting thereon under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act, and permission to engage in any activity within a forest protection zone (excluding a forest genetic resource protection zone) and reporting thereon under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act and cancellation of designation of a forest protection zone under Article 11 (1) 1 of that Act;
15. Permission for and report on the conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and report on the temporary use of mountainous districts under Article 15-2 of that Act, and permission for collecting earth and sand (limited to stones) as under Article 25 of that Act;
16. Authorization of exclusive waterworks under Article 52 of the Water Supply and Waterworks Installation Act and authorization of exclusive waterworks for industrial use under Article 54 of that Act;
17. Permission to engage in activities within park areas pursuant to Article 23 (1) of the Natural Parks Act;
18. Permission for moving graves under Article 23 (1) of the Act on Funeral Services;
19. Permission for development and use under Article 7 of the Groundwater Act;
20. Permission for, reports or consultation on grassland conversion under Article 23 of the Grassland Act;
21. Permission for the execution of public sewerage works under Article 16 of the Sewerage Act and permission for occupation of public sewers under Article 24 of that Act.
(2) Where any person, other than a river management agency, intends to obtain deemed authorization, permission, etc. under paragraph (1), he or she shall submit required documents as prescribed by the relevant statutes when filing an application for authorization for river works execution plan under Article 30 (5). <Amended on Jun. 9, 2020>
(3) Where the Minister of Environment or a river management agency intends to establish an action plan for river works in accordance with Article 27 (1) or to authorize an action plan for river works by any person, other than the river management agency, in accordance with Article 30 (5), he, she, or it shall have a prior consultation with the heads of relevant administrative agencies if the plan includes any matters under the subparagraphs of paragraph (1). <Amended on Jan. 17, 2017; Dec. 31, 2020>
(4) In any of the following cases, the matters on which the Minister of Environment or a river management agency has consulted with the heads of relevant administrative agencies under paragraph (6) with regard to the inspection and authorization of completion of works, etc. following the authorization, permission, etc. deemed granted by the Minister of Environment or the river management agency under paragraph (1) shall be deemed to have undergone the the inspection and authorization of completion of works and have been publicly notified: <Amended on Apr. 1, 2009; Mar. 23, 2013; Dec. 22, 2020; Dec. 31, 2020; Aug. 16, 2023>
1. Where the completion of river works is publicly notified in accordance with Articles 27 (8) and 28 (4);
2. Where the completion of river works is authorized in accordance with Article 30 (9);
3. Deleted. <Jan. 17, 2017>
(5) Where any person, other than a river management agency, intends to be deemed to have received completion inspection and authorization, etc. under paragraph (4), he or she shall submit required documents as prescribed by the relevant Act when applying for completion authorization in accordance with Article 30 (8). <Amended on Jun. 9, 2020; Dec. 22, 2020>
(6) If any matters exist that are subject to completion inspection or authorization, etc. following the authorization, permission, etc. deemed granted under paragraph (1) when performing the completion of works or granting authorization for completion of works in accordance with Articles 27 (8), 28 (4), and 30 (9), The Minister of Environment or the river management agency shall have a prior consultation with the heads of relevant administrative agencies. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020; Dec. 22, 2020; Dec. 31, 2020; Aug. 16, 2023>