Article 12(Legal fiction of authorization or permission) #
(1) In cases where a project executor designated under Article 15 has obtained approval of an implementation plan or permission under Article 11(1) through (4), with respect to the matters on which the Administrator of Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has consulted in advance with the head of each relevant administrative agency relating to the following permission, authorization, approval, reporting, revocation, consent, decision, etc. (hereinafter referred to as "permission, etc."), the permission, etc. shall be deemed to have been granted: <Amended on Mar. 21, 2008; Dec. 31, 2008; Jun. 9, 2009; Jul. 21, 2011; Jan. 14, 2014; Mar. 27, 2015; May 29, 2016; Dec. 27, 2016; Feb. 8, 2017; Mar. 31, 2020; Dec. 27, 2022; May 16, 2023; Feb. 13, 2024>
1. Permission to change the form and quality of land under Article 21-2 of the Grassland Act or a permit to convert grassland under Article 23 of that Act;
2. Permission to fell standing timber, etc. or reporting thereon under Article 36(1) or (5) of the Creation and Management of Forest Resources Act; permission to engage in acts within a forest conservation zone (excluding a forest genetic resources protection zone) or reporting thereon under Article 9(1) or (2) 1 or 2 of the Forest Protection Act or the cancellation of the designation of a forest conservation zone under Article 11(1)1 of that Act;
3. Permission to convert farmland or consultation on under Article 34 of the Farmland Act or reporting on conversion of farmland under Article 35 of that Act;
4. Consultation with, or approval by, the competent river management authorities under Article 6 of the River Act; permission to implement a river project under Article 30 of that Act; permission to occupy and use a river under Article 33 of that Act; or permission to use river water under Article 50 of that Act;
5. Authorization for a waterworks project under Article 17, 49, or 50 of the Water Supply and Waterworks Installation Act or authorization for installation of an exclusive water supply system under Article 52 or 54 of that Act;
6. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
7. Determination of road zones under Article 25 of the Road Act, permission to implement road works by a person who is not a road management agency under Article 36 of that Act, permission to occupy and use roads under Article 61 of that Act, and consultation with or approval by the competent road management authorities under Article 107 of that Act;
8. Permission to implement a public sewerage project under Article 16 of the Sewerage Act; permission to occupy and use a public sewerage system under Article 24 of that Act; or reporting on installation of a discharging facility under Article 27 of that Act;
9. Establishment of a housing site development plan under Article 8 of the Housing Site Development Promotion Act or approval of the implementation plan for a housing site development project under Article 9 of that Act;
10. Permission to open a private road under Article 4 of the Private Road Act;
11. Permission to cut trees under Article 14 of the Erosion Control Work Act or revocation of the designation of an erosion control area under Article 20 of that Act;
12. Permission to implement a small river project under Article 10 of the Small River Maintenance Act or permission to occupy and use a small river under Article 14 of that Act;
13. Permission to engage in activities inside a park zone under Article 23 of the Natural Parks Act;
14. Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks and Green Areas or permission to occupy and use a greenbelt under Article 38 of that Act.
15. Permission for electric utility business under Article 7 of the Electric Utility Act, and authorization or reporting of plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
16. Approval of business plans under Article 15 of the Tourism Promotion Act, designation of tourist destinations and tourism complexes under Article 52 of that Act, and approval of a development plan under Article 54 of that Act;
17. Designation of an implementer of an urban/Gun planning facility project under Article 86 of the National Land Planning and Utilization Act and authorization of an implementation plan under Article 88 of that Act;
18. Permission to relocate a grave established on land, etc. owned by another person under Article 27 of the Act on Funeral Services;
19. Designation of an implementer of an urban development project under Article 11 of the Urban Development Act, authorization for the establishment of an association under Article 13 of that Act, and authorization of, and announcement of, implementation plans under Articles 17 and 18 of that Act;
20. Authorization for a project implementation plan under Article 50 of the Act on the Improvement of Urban Areas and Residential Environments and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
21. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
22. Building permission, reporting on building, and revision to permitted or reported matters under Articles 11,14, and 16 of the Building Act, permission for, and reporting on, temporary buildings under Article 20 of that Act, and approval for the use of a building under Article 22 of that Act;
23. Approval for, or reporting on, the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
24. A Permit to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a business plan for developing a tourism and resort complex in an agricultural and fishing village under Article 82 of that Act;
25. Permission to use any administrative property under Article 30 of the State Property Act;
26. Permission to use and make profits under Article 20(1) of the Public Property and Commodity Management Act.
(2) Deleted. <May. 16, 2023>
(3) Deleted. <May. 16, 2023>
(4) If there is an urgent necessity for the public interest and consultation (including de facto consultation) is held with respect to important matters for implementing a project among the matters set forth in the subparagraphs of paragraph (1), the Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may grant permission under Article 11(1) through (4), even if the consultation on all of the necessary matters is not completed, on condition of the completion of such necessary consultation. <Added on Jul. 21, 2011; May 29, 2016; May 16, 2023; Feb. 13, 2024>
(5) Except as provided in paragraphs (1) through (4), Articles 24 through 26 of the Framework Act on Administration shall apply to the standards, effects, etc. of legal fiction of permission, etc. and other relevant matters. <Added on May. 16, 2023>
[This Article Wholly Amended on Dec. 21, 2007]