Article 49(Approval or permission deemed granted under other statutes) #
(1) When the Minister of Climate, Energy and Environment approves a construction work plan pursuant to Article 22(1), with regard to matters concerning permission, authorization, approval, designation, consultation, report, or license (hereinafter referred to as "approval, permission, etc." in this Article) referred to in the following subparagraphs on which the Minister of Climate, Energy and Environment has consulted with the head of the relevant administrative agency pursuant to paragraph (2), a business entity shall be deemed to have been granted the relevant approval, permission, etc.: <Amended on Apr. 15, 2010; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Dec. 27, 2016; Oct. 1, 2025>
1. Permission for the occupation or use of the common utility duct pursuant to Article 44-3(2) of the National Land Planning and Utilization Act, permission for development pursuant to Article 56 of the same Act, designation of an implementer of an urban/Gun planning facilities project pursuant to Article 86 of the same Act, and approval of an execution plan pursuant to Article 88 of the same Act;
2. Permission granted to a person, other than the road management agency, to implement road works under Article 36 of the Road Act; permission to occupy and use a road under Article 61 of the same Act; or consultation with, or approval from, road management agencies under Article 107 of the same Act;
3. Permission to open a private road prescribed in Article 4 of the Private Road Act;
4. Authorization for industrial water supply service pursuant to Article 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of a private water supply facility pursuant to Article 52(1) of the same Act;
5. Permission for the occupation and use of public sewers pursuant to Article 24 of the Sewerage Act, and report on the installation of drainage facilities pursuant to Article 27 of the same Act;
6. Permission for the execution of river conservation works pursuant to Article 30(1) of the River Act, authorization for a plan for executing river works pursuant to Article 30(5) of the same Act, and permission for the occupation and use or any other act in a river area pursuant to Article 33(1) of the same Act;
7. Permission for the occupation and use of public waters pursuant to Article 8 of the Public Waters Management Act and approval or reporting of an execution plan pursuant to Article 17 of the same Act, and a license to reclaim the public waters pursuant to Article 28 of the same Act and approval of an plan for executing reclamation of the public waters pursuant to Article 38 of the same Act;
8. Deleted; <Apr. 15, 2010>
9. Permission for an act in a park zone pursuant to Article 23(1) of the Natural Parks Act;
10. Permission for the occupation and use of an urban park pursuant to Article 24(1) of the Act on Urban Parks, Greenbelts, etc. and permission for an act in an urban natural park zone pursuant to the proviso to Article 27(1) of the same Act;
11. Permission to divert farmland under Article 34(1) of the Farmland Act;
12. Permission for an act in grassland pursuant to Article 21-2 of the Grassland Act;
13. Permission for access to a restricted and protected area or such, under Article 9(1)1 of the Protection of Military Bases and Installations Act and consultation on permission or such, by an administrative agency under Article 13 of the same Act;
14. Approval of the use of fuel pursuant to Article 42 of the Clean Air Conservation Act;
15. Permission for an act in an urban development area pursuant to Article 9(5) of the Urban Development Act;
16. Permission for small river conservation work pursuant to Article 10 of the Small River Maintenance Act;
17. Permission for the use of agricultural infrastructure or water for a purpose other than their original purpose pursuant to Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
18. Approval for, or report on, the installation of a wastes disposal facility under Article 29(2) of the Wastes Control Act.
(2) Where the Minister of Climate, Energy and Environment intends to approve a business entity's construction work plan pursuant to Article 22, he or she shall consult with the head of the administrative agency concerned if the plan includes matters falling under any of the subparagraphs of paragraph (1). In such cases, the head of the administrative agency concerned shall submit his or her opinion within a period prescribed by Presidential Decree from the date on which he or she receives a request for consultation from the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Jan. 18, 2010]