Article 21(Constructive Authorization and Permission under Other Statutes or Regulations) #
(1) Where an authority designating industrial complexes or the Minister of Oceans and Fisheries (hereinafter referred to as "authority approving implementation plans") approves an implementation plan under Article 17, 17-2, 18, 18-2, or 19 or approves an amendment thereto, with regard to matters about which it has first consulted with the head of the relevant administrative agency with regard to the following permission, determination, authorization, license, consultation, consent, approval, cancellation, disposition, etc. (hereinafter referred to as "authorization, permission, etc.") or for which it has first obtained approval pursuant to paragraph (2), the relevant authorization, permission, etc. shall be deemed obtained, and where approval of an implementation plan is publicly notified pursuant to Article 19-2, authorization, permission, etc. under the following relevant statutes shall be deemed publicly notified or publicly announced: <Amended on Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 27, 2016; Dec. 27, 2016; Jan. 17, 2017; Dec. 10, 2019; Jan. 29, 2020; Mar. 31, 2020; Jul. 20, 2021; Dec. 27, 2022>
1. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission to engage in development activities under Article 56 of the same Act, designation of the operator of an urban or Gun planning facility project under Article 86 of the same Act, authorization of an implementation plan under Article 88 of the same Act, designation of a project operator under Article 11 of the Urban Development Act, and authorization of an implementation plan under Article 17 of the same Act;
2. Authorization for a general waterworks project or industrial waterworks project provided for in Article 17 or 49 of the Water Supply and Waterworks Installation Act, and authorization for installation of exclusive waterworks or exclusive industrial waterworks provided for in Article 52 or 54 of the same Act;
3. Authorization for installation of public sewerage (only applicable to night soil treatment facilities) under Article 11 of the Sewerage Act, permission to perform public sewerage works under Article 16 of the same Act and a permission to occupy and use public sewerage under Article 24 of the same Act;
4. A permission to occupy and use or to use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for or reporting on an execution plan for occupation and use or use under Article 17 of the same Act, a reclamation license of public waters under Article 28 of the same Act, public notice of a reclamation license under Article 33 of the same Act, consultations on and approval for reclamation executed by the State, etc. under Article 35 of the same Act, and approval and public notice of a reclamation execution plan of public waters under Article 38 of the same Act;
5. An amendment (approval) of a master plan for harbors under Article 7 of the Harbor Act, permission to perform harbor works under Article 9(2) of the same Act, and approval of an implementation plan under Article 10(2) of the same Act;
6. Consultations with or approval from a river management authority under Article 6 of the River Act, amendment to a river master plan and implementation plan for river works under Articles 25 and 27 of the same Act, permission to perform river works and authorization of an implementation plan for river works under Article 30 of the same Act, a permission to occupy and use a river under Article 33 of the same Act, and a permission to use river water under Article 50 of the same Act;
7. Permission for a person other than a road management agency under Article 36 of the Road Act, to implement road works, permission to occupy and use a road under Article 61 of the same Act, and consultations with or approval from a road management agency under Article 107 of the same Act;
8. Cancellation of an agricultural promotion area under Article 31 of the Farmland Act, and permission to convert farmland or consultations thereon under Article 34 of the same Act;
9. Permission to convert a mountainous district or reporting on the conversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act, permission to temporarily use a mountainous district or reporting thereon under Article 15-2 of the same Act, permission to collect soil and stones under Article 25 of the same Act, permission for and reporting on logging, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act, permission to engage in conduct in a forest protection area (excluding a forest genetic resource protection area) 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 area under Article 11(1)1 of the same Act;
10. Permission for logging, etc. under Article 14 of the Erosion Control Work Act, and cancellation of the designation of a land erosion-control area under Article 20 of the same Act;
11. Permission to change the form, quality, etc. of land under Article 21-2 of the Grassland Act, and permission to convert grassland under Article 23 of the same Act;
12. Permission to construct a private road under Article 4 of the Private Road Act;
13. Examination on the publication of maps, etc. under Article 15(4) of the Act on the Establishment and Management of Spatial Data;
14. A disposition for disapproval under Article 24 of the Mining Industry Act, and a disposition to reduce a mining area or disposition to cancel a mining right under Article 34 of the same Act;
15. Permission to reinter an unclaimed grave under Article 27 of the Act on Funeral Services;
16. Permission to use agricultural production infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
17. Permission to use State property under Article 30 of the State Property Act, and disuse of administrative property under Article 40 of the same Act;
18. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act, and permission to use or profit from public property under Article 20 of the same Act;
19. Consultations with a management agency under Article 5 of the Small River Maintenance Act, an amendment to a master plan for small river maintenance or an implementation plan for small river maintenance under Article 6 or 8 of the same Act, permission to perform small river works under Article 10 of the same Act, and a permit to occupy and use a small river under Article 14 of the same Act;
20. Consultation on energy use programs under Article 10 of the Energy Use Rationalization Act;
21. Authorization of or reporting on a work plan for electrical installations for private use under Article 8 of the Electrical Safety Act;
22. Reporting on the commencement, alteration, or completion of a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data;
23. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
24. A permission under Article 11 of the Building Act, reporting under Article 14 of the same Act, amendment to permitted or reported matters under Article 16 of the same Act, permission for and reporting on a temporary building under Article 20 of the same Act, and consultations on construction under Article 29 of the same Act;
25. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
26. Approval to establish a factory, etc. under Article 13 of the Industrial Cluster Development and Factory Establishment Act (only applicable where a project operator provided for in Article 16(1)3 has included a plan to establish a factory, etc. he or she intends to use at the time he or she applies for approval of an implementation plan for developing an industrial complex);
27. Registration for opening of a superstore under Article 8 of the Distribution Industry Development Act;
28. Consultation on feasibility in supplying integrated energy under Article 4 of the Integrated Energy Supply Act;
29. Approval of a project plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
30. Formulation of a housing site development plan under Article 8 of the Housing Site Development Promotion Act and approval of an implementation plan for a housing site development project under Article 9 of the same Act;
31. Approval of a master plan for public wastewater treatment facilities under Article 49 of the Water Environment Conservation Act;
32. Altering and canceling designation of a forestry promotion district under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
33. Designation of a tourist destination and tourist complex under Article 52 of the Tourism Promotion Act, and formulation and approval of a plan to develop a tourist destination and tourist complex under Article 54 of the same Act;
34. Permission for the renunciation of rights to fundamental property of a school foundation prescribed in Article 28(1) of the Private School Act.
(2) Where an authority approving implementation plans intends to approve an implementation plan which includes matters referred to in the subparagraphs of paragraph (1), pursuant to Article 17, 17-2, 18, 18-2, or 19 or to approve an amendment thereto, he or she shall first consult with or obtain approval thereof from the head of the relevant administrative agency. In such cases, the head of the relevant administrative agency shall submit his or her opinion within 15 days after receipt of a request for consultations from the authority approving implementation plans.
(3) Where a project operator is deemed to have obtained authorization, permission, etc. under related statutes pursuant to paragraph (1), he or she shall be exempt from fees and usage fees imposed under the relevant statutes.
[This Article Wholly Amended on Aug. 4, 2011]