Article 29(Legal fiction of authorization or permission) #
(1) Where a project implementer has obtained approval of an implementation plan or approval of modification of such plan pursuant to Article 27 (1), the project implementer shall be deemed to have obtained, completed, or filed the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") if the Mayor/Do Governor has consulted in advance with the heads of administrative agencies related to authorization, permission, etc.; where the approval of an implementation plan is publicly notified pursuant to Article 28 (1), the authorization, permission, etc. under the relevant statutes in the following subparagraphs shall be deemed publicly notified or publicly announced: <Amended on Jan. 14, 2014; May 28, 2014; Aug. 11, 2015; Dec. 27, 2016; Feb. 8, 2017; Mar. 31, 2020; Jun. 9, 2020; Dec. 27, 2022; Jan. 23, 2024>
1. Permission for changing the form and quality of land prescribed in Article 21-2 of the Grassland Act or permission for diversion of grassland under Article 23 of the aforesaid Act;
2. Permission for, or reporting on, the diversion of a mountainous district, or permission for, or reporting on, the temporary use of a mountainous district, under Article 14, 15, or 15-2 of the Management of Mountainous Districts Act; permission for, or reporting on, the cutting of standing trees under Article 36 (1) or (5) of the Creation and Management of Forest Resources Act; permission for, or reporting on, acts in a forest conservation zone (excluding forest genetic resources protection zones) under Article 9 (1) or (2) 1 or 2 of the Forest Protection Act; and the cancellation of designation of a forest conservation zone under Article 11 (1) 1 of that Act;
3. Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act;
4. Permission for use of agricultural production infrastructure prescribed in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a plan for a rural tourism and resort complex development project prescribed in Article 82 (2) of the aforesaid Act;
5. Approval for, or reporting on, the establishment of a factory under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;
6. Consultation with, or approval from, a river management agency under Article 6 of the River Act; permission for the implementation of a river project under Article 30 of the aforesaid Act; and permission to occupy and use a river under Article 33 of the aforesaid Act;
7. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of an implementation plan for occupation or use under Article 17 of the aforesaid Act (excluding a site to be reclaimed with a reclamation license granted); a reclamation license of public waters under Article 28 of the aforementioned Act; consultation on, or approval for, reclamation implemented by the State or other entity prescribed in Article 35 of the aforementioned Act; and approval of an implementation plan for reclamation of public waters under Article 38 of the aforementioned Act;
8. Approval for, or reporting on, the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
9. Authorization for a general waterworks project or an industrial waterworks project under Articles 17 or 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of exclusive waterworks or exclusive industrial waterworks under Article 52 or 54 of the aforementioned Act;
10. Authorization for or reporting on a plan for works for electric installations for private use pursuant to Article 8 of the Electrical Safety Management Act;
11. Approval of a project plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
12. Approval of a development plan of a tourist destination or tourism complex under Article 54 of the Tourism Promotion Act;
13. Permission for a road project implemented by a person other than a road management agency under Article 36 of the Road Act; permission for the occupation and use of the roads under Article 61 of the same Act; and consultation with, and approval from, a road management agency under Article 107 of the same Act;
14. Determination of an urban/Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act; permission for development acts under Article 56 of the aforementioned Act; designation of a project implementer for the construction of an urban/Gun planning facility under Article 86 of the aforementioned Act; and authorization for an implementation plan under Article 88 of the aforesaid Act;
15. Authorization for installation of a public sewerage system (applicable only to night soil treatment facilities) under Article 11 of the Sewerage Act; permission for the implementation of a public sewerage project under Article 16 of the aforesaid Act; and permission to occupy and use a public sewerage system under Article 24 of the aforementioned Act;
16. Permission for relocation of a grave under Article 27 of the Act on Funeral Services;
17. Designation of an urban development zone under Article 3 of the Urban Development Act; formulation of an urban development project plan under Article 4 of the aforesaid Act; designation of the implementer of an urban development project under Article 11 of the aforementioned Act; authorization for, or reporting on, the establishment of an Association under Article 13 of the aforementioned Act; and authorization of an implementation plan under Article 17 of the aforesaid Act;
18. Designation of a housing site development zone under Article 3 of the Housing Site Development Promotion Act; approval of a housing site development plan under Article 8 of the aforementioned Act; and approval of an implementation plan for a housing site development project under Article 9 of the aforementioned Act;
19. Authorization for project implementation plans under Article 50 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
20. Permission for opening a private road under Article 4 of the Private Road Act;
21. Permission for lumbering, etc. under Article 14 of the Work against Land Erosion or Collapse Act or cancellation of designation of an erosion control area under Article 20 of the aforementioned Act;
22. Permission for implementation of small river construction works under Article 10 of the Small River Maintenance Act;
23. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
24. Permission for use of State property under Article 30 of the State Property Act;
25. Permission for use or benefitting from public property under Article 20 of the Public Property and Commodity Management Act;
26. Consultation on the validity of the integrated energy supply under Article 4 of the Integrated Energy Supply Act;
27. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;
28. Approval of an implementation plan for the development of a logistics complex under Article 28 of the Act on the Development and Management of Logistics Facilities;
29. Designation of an implementer of an industrial complex development project under Article 16 of the Industrial Sites and Development Act; approval of an implementation plan for the development of a national industrial complex under Article 17 of the aforesaid Act; an amendment to an implementation plan for the development of a national industrial complex under Article 17-2 of the aforementioned Act; approval of an implementation plan for the development of a general industrial complex under Article 18 of the aforementioned Act; approval of an implementation plan for the development of an urban high-tech industrial complex under Article 18-2 of the aforementioned Act; and approval of a renovation implementation plan under Article 39-7 of the aforementioned Act.
(2) Where the Mayor/Do Governor approves an implementation plan or a revision to such plan under Article 27 (1), he or she shall consult thereon with the heads of the related administrative agencies in charge of authorization, permission, etc. if the implementation plan includes any of the matters specified in the subparagraphs of paragraph (1). <Amended on Jan. 23, 2024>
(3) The heads of the related administrative agencies in charge of authorization, permission, etc. who are requested to consult pursuant to paragraph (2) shall submit their opinions within the period prescribed in Article 24 (4) of the Framework Act on Administration. <Amended on Jan. 23, 2024>
(4) Where the heads of the related administrative agencies in charge of authorization, permission, etc. fail to submit their opinions by the deadline prescribed in paragraph (3), it shall be deemed that the consultation is made on the day immediately following the deadline. <Amended on Jun. 9, 2020; Jan. 23, 2024>
(5) Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administrative Affairs shall apply mutatis mutandis to the standards, effects, etc. of constructive authorization, permission, etc. <Added on Jan. 23, 2024>
[This Article Wholly Amended on Jan. 26, 2012]
[Title Amended on Jun. 9, 2020]