Article 5(Legal fiction of authorization or permission) #
(1) Where an implementor of a facility project for the U.S. Armed Forces in Korea has obtained approval from the Minister of National Defense for the implementation plan for such facility project pursuant to Article 6 (1) or (2) of the Act on National Defense and Military Installations Projects, the implementor shall be deemed to have obtained the following authorizations, permissions, approvals, notifications, designations, licenses, consultations, consents, cancellations, deliberations, etc. (hereinafter referred to as “permissions, etc.”) for matters that the Minister of National Defense has consulted in advance with the heads of the competent administrative agencies for such permissions, etc. Where the Minister of National Defense has publicly announced approval of the implementation plan pursuant to Article 6 (4) of the Act on National Defense and Military Installations Projects, it shall be deemed that a public notice or announcement of permissions, etc. under the following statutes has been made: <Amended Mar. 31, 2005; Aug. 4, 2005; Jan. 26, 2007; Apr. 11, 2007; Apr. 27, 2007; May 17, 2007; Dec. 27, 2007; Feb. 29, 2008; Mar. 21, 2008; Dec. 31, 2008; May 21, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Jul. 25, 2011; May 22, 2013; Jan. 14, 2014; Jan. 19, 2016; Jan. 17, 2017; Mar. 31, 2020; Nov. 30, 2021; Dec. 27, 2022; Jan. 23, 2024>
1. The decision on an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to the infrastructure under subparagraph 6 of Article 2 of that Act); a permission to engage in development activities under Article 56 of that Act; the designation of the implementor of an urban planning facility project under Article 86 of that Act; the authorization for an implementation plan under Article 88 of that Act;
2. A permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; the approval or reporting of an implementation plan for the occupancy and use under Article 17 of that Act; the license to reclaim public waters under Article 28 of that Act; the consultation on, or the approval of, reclamation implemented by the central government or any other entity pursuant to Article 35 of that Act; or the approval of an implementation plan for the reclamation of public waters under Article 38 of that Act;
3. Deleted; <Apr. 15, 2010>
4. The consultation with, or the approval by, the competent management authorities under Article 6 of the River Act; a permission to implement a river project under Article 30 of that Act; or a permission to occupy and use a river under Article 33 of that Act;
5. A permission to execute road works issued to a person other than a road management office pursuant to Article 36 of the Road Act; a permission to occupy a road under Article 61 of that Act; and consultation with or approval by a road management office under Article 107 of that Act;
6. A permission to engage in activities in a park area under Article 23 of the Natural Parks Act or the consultation with the competent park management authorities under Article 71 (1) of that Act;
7. A permission to engage in, or the consultation on, the conversion of farmland under Article 34 of the Farmland Act;
8. A permission to fell trees, etc. under Article 14 of the Erosion Control Work Act or the cancellation of designation of an erosion control area under Article 20 of that Act;
9. A permission to fell, or the reporting on felling, standing trees under Article 36 (1) or (5) of the Creation and Management of Forest Resources Act; a permission to engage in, or the reporting on, activities in a reserved forest (excluding a gene resources protection forest) under Article 9 (1) or (2) 1 or 2 of the Forest Protection Act; or the cancellation of designation of a reserved forest under Article 11 (1) 1 of that Act;
10. A permission to divert a mountainous district under Article 14 of the Management of Mountainous Districts Act; the reporting on the diversion of a mountainous district under Article 15 of that Act; the permission for, or the reporting on, the temporary use of a mountainous district under Article 15-2 of that Act; or a permission to extract soil and rocks (limited to stone) under Article 25 (1) of that Act;
11. An authorization to execute a general waterworks project under Article 17 (1) of the Water Supply and Waterworks Installation Act or the authorization to execute an exclusive waterworks project under Article 52 or 54 of that Act;
12. A permission to implement a public sewerage project under Article 16 of the Sewerage Act; a permission to occupy a public sewerage under Article 24 of that Act; or the reporting on the installation of a private sewage treatment system under Article 34 (2) of that Act;
13. An authorization for, or the reporting on, a plan for works for establishing electric installations for electric utility business or for private use under Article 61 of the Electric Utility Act and Article 8 of the Electrical Safety Management Act;
14. A deliberation by the competent building committee under Article 4 of the Building Act; a building permission under Article 11 of that Act; the building report under Article 14 of that Act; a building permission for a temporary building under Article 20 (1) of that Act; or the consultation about building works under Article 29 of that Act;
15. A permission for, or the consultation on, the diversion of grassland under Article 23 of the Grassland Act;
16. A consent to a building permission, etc. under Article 6 (1) of the Act on Installation and Management of Firefighting Systems; the reporting on the installation of a firefighting system under Article 13 (1) of the Firefighting System Installation Business Act; or a permission to install a place of production, etc. under Article 6 (1) of the Safety Control of Dangerous Substances Act;
17. A permission to relocate an abandoned grave under Article 27 (1) of the Act on Funeral Services;
18. A permission to open a private road under Article 4 of the Private Road Act;
19. An approval for, or the reporting on, the installation of a waste disposal facility under Article 29 of the Wastes Control Act;
20. Deleted; <May 21, 2009>
21. A permission for, or the reporting on, the installation of a discharging facility under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, or Article 8 of the Noise and Vibration Control Act;
22. Deliberation by the Special Deliberation Committee on Construction Technology of the Ministry of National Defense under Article 5 (2) of the Construction Technology Promotion Act;
23. A permission to use administrative property under Article 30 of the State Property Act;
24. A permission for a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions.
(2) Where the Minister of National Defense approves an implementation plan under paragraph (1), if the implementation plan includes any matter falling under any subparagraph of paragraph (1), the Minister shall consult in advance with the head of the competent administrative agency. <Amended Jan. 23, 2024>
(3) Except for matters prescribed in paragraphs (1) and (2), the standards and effects, etc. of the deeming of permissions, etc. shall mutatis mutandis be governed by Articles 24 through 26 of the Framework Act on Administration. <Added on Jan. 23, 2024>