Article 13(Legal fiction of authorization and permission under other Acts) #
(1) Where the Minister of Environment or the Mayor/Do Governor has consulted with the heads of relevant administrative agencies in advance when he or she formulates, modified, or approves a master plan in accordance with Article 11(1), (2), and (5), the area under Article 11(1)12 shall be deemed designated as a regional development project zone under Article 11 of the Regional Development Assistance Act; and where such master plan is publicly notified in accordance with Article 11(4), the designation of a regional development project zone shall be deemed publicly notified. In such cases, the Regional Development Assistance Act apply to regional development project zones, except as otherwise provided in this Act. <Amended on Jan. 30, 2024; Oct. 1, 2025>
(2) When the Minister of Climate, Energy and Environment or the Mayor/Do Governor formulates, modifies, or approves an implementation plan in accordance with Article 12(1), (2), or (4), the permission, reporting, cancellation, consultation, approval, authorization, designation, etc. referred to in the following subparagraphs (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, or obtained; when such implementation plan is publicly notified in accordance with Article 12(3), the public notice or public announcement of authorization, permission, etc. referred to in the following subparagraphs shall be deemed given or made: <Amended on May 30, 2011; Mar. 23, 2013; Jan. 14, 2014; Dec. 2, 2016; Dec. 27, 2016; Jun. 8, 2018; Jun. 15, 2021; Dec. 27, 2022; Jan. 30, 2024; Oct. 1, 2025>
1. The permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; the license to reclaim public waters under Article 28 of that Act; or the approval of an implementation plan to reclaim public waters under Article 38 of that Act;
2. The determination of an urban management plan under Article 30 of the National Land Planning and Utilization Act (only limited to facilities defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act); the permission to engage in development activities under Article 56 of that Act; the designation of the implementer of an urban planning facility project under Article 86 of that Act; or the authorization for an implementation plan under Article 88 of that Act;
3. The consultation on the permission, etc. by an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
3-2. The permission to maintain and improve a road under Article 5 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, and permission to occupy and use a road under Article 18 of that Act;
4. The permission to use infrastructure for agricultural production under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
5. The permission to consult on, divert farmland under Article 34 of the Farmland Act;
6. The permission to implement road works under Article 36 of the Road Act or the permission to occupy and use a road under Article 61 of that Act;
7. The permission to open a private road under Article 4 of the Private Road Act;
8. The permission to cut trees, etc. under Article 14 of the Erosion Control Work Act or cancellation of the designation of an erosion control area under Article 20 of that Act;
9. The permission for, or the reporting of, the diversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act; the permission for, or the reporting of, the temporary use of a mountainous district under Article 15-2 of that Act; the permission for gathering rocks and soil (limited to building stones) under Article 25 of that Act; the permission for, or the reporting of, cutting standing timber under Article 36(1) or (5) of the Creation and Management of Forest Resources Act; or the permission for, or the reporting of, activities in a reserved forest (excluding a conservation zone for forest gene resources under Article 9(1) and (2)1 or 2 of the Forest Protection Act;
10. The permission to occupy and use under Article 14 of the Small River Maintenance Act;
11. The permission to engage in acts under Article 23 of the Natural Parks Act;
12. The permission to relocate graves under Article 27(1) of the Act on Funeral Services, etc.;
13. The permission to develop grassland under Article 5 of the Grassland Act or the permission to divert grassland under Article 23 of that Act;
14. The approval for, or the reporting of, the installation of a waste disposal facility under Article 29 of the Wastes Control Act;
15. The permission to implement a public sewerage system (limited to facilities for the treatment of excreta) under Article 11 of the Sewerage Act; the permission to implement a public sewerage project under Article 16 of that Act; or the permission to occupy and use under Article 24 of that Act;
16. The consultation on, or the approval for, matters subject to permission by the competent river management authorities under Article 6 of the River Act; the permission to implement a river project under Article 30 of that Act; the permission to occupy and use a river under Article 33 of that Act; or the permission to use water from a river under Article 50 of that Act.
(3) Where the Minister of Climate, Energy and Environment or the Mayor/Do Governor intends to formulate, modify, or approve a master plan including matters under Article 11(1)12 or an implementation plan including matters falling under any subparagraph of paragraph (2), he or she shall consult with the heads of relevant administrative agencies in advance. <Amended on Jan. 17, 2012; Mar. 23, 2013; Jun. 8, 2018; Jun. 15, 2021; Jan. 30, 2024; Oct. 1, 2025>
(4) Except as provided in paragraphs (1) through (3), Article 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction under this Article. <Added on Jan. 30, 2024>
[This Article Wholly Amended on May 30, 2011]
[Moved from Article 9; previous Article 13 moved to Article 17 <Jun. 15, 2021>]