Article 15(Approval for Implementation of Projects) #
(1) A person who intends to obtain approval to implement a project under Article 13 (1) of the Act shall submit a project plan including the following matters to a project approval authority under Article 13 (1) of the Act (hereinafter referred to as "project approval authority") pursuant to paragraph (4) of that Article. In such cases, documents prescribed by relevant statutes or regulations, such as documents on environmental impact assessment under Article 27 of the Environmental Impact Assessment Act, shall be attached thereto: <Amended on Jul. 20, 2012>
1. Outline of the project (including the name and necessity of the project, the details and scale of the project, and the period of implementation of the project);
2. Location maps and related drawings of the project implementation area;
3. The scale of project expenses and financing methods;
4. Deleted; <Dec. 3, 2014>
5. Relevant documents under Article 14 (2) of the Act;
6. The location, lot number, land category, area of land, etc. to be expropriated or used under Article 15 (1) of the Act (hereinafter referred to as "land, etc."), the details of ownership and rights other than the ownership of such land, etc., and the name and domicile of the owner and right holder thereof;
7. Plans for the purchase, compensation, etc. of land, etc. located in project implementation areas and measures for the relocation of residents;
8. Plans to relocate and dismantle public facilities and plans to install substitute facilities.
(2) "Minor matters prescribed by Presidential Decree" in the proviso of Article 13 (3) of the Act means any of the following:
1. Where modifications are made within the scope of 10/100 of the area or expense of the project;
2. Where modifications are made within the scope of 10/100 of the installation area of facilities or equipment.
(3) A person who intends to obtain approval for project modifications under Article 13 (3) of the Act shall submit an application for approval for modification, including the relevant matters referred to in the subparagraphs of paragraph (1), to a project approval authority pursuant to paragraph (4) of that Article.
(4) A project approval authority who determines whether to grant approval under Article 13 (5) of the Act shall consider the following:
1. Investment capability:
(a) Feasibility of project implementation plans and investment plans;
(b) The current status of land ownership in the project area and the possibility of securing the right to develop and use the land;
2. Securing investment resources:
(a) The ratio of equity capital to the total amount of investments and the appropriateness of funding plans;
(b) Appropriateness of the ratio of equity capital, inflow capital, and debt ratio;
3. Measures to prevent environmental pollution:
(a) Appropriateness of measures to conserve the natural environment in project implementation areas and neighboring areas;
(b) Appropriateness of the restoration and recovery of the natural environment damaged by the implementation of the project;
4. Other matters:
(a) Matters regarding the restoration of development gains to the local community;
(b) Contribution to the employment of local residents and the promotion of related industries.
(5) Upon receipt of an application for approval or an application for approval for modification pursuant to paragraph (1) or (3), a project approval authority shall process the application within 20 days from the date of receipt of the application; provided, if any unavoidable cause exists, the period may be extended by up to 10 days.
(6) A project approval authority that intends to extend the period for processing an application for approval or an application for approval for modification pursuant to the proviso of paragraph (5) shall notify the applicant of such extension.
(7) A project approval authority that has granted approval for the implementation of a project under Article 13 (5) of the Act shall publicly notify a project implementation plan including the following matters in an official report pursuant to Article 13 (6) of the Act, and shall notify it on the website:
1. The name of the project;
2. The purpose and outline of the project;
3. The location and size of the project implementation area;
4. The name (in cases of a corporation, the name of the corporation and the name of its representative), and address of the project implementer;
5. Period for implementing the project;
6. Detailed list of land, etc.
(8) A project approval authority who has granted approval for project modifications pursuant to Article 13 (5) of the Act shall publicly notify the details of approval for modification in an official report and shall notify them on the website.
(9) Where a project implementer referred to in subparagraphs 1 and 2 of Article 12 of the Act has formulated a project implementation plan in consultation with a project approval authority pursuant to Article 13 (9) of the Act, he or she shall publicly notify the project implementation plan including the matters referred to in the subparagraphs of paragraph (7) in the official report issued by the project approval authority, and shall notify it on the website.