Article 22(Legal fiction as authorization or permission) #
(1) Where an implementation plan is approved under Article 21, the following approval, permission, authorization, determination, report, designation, license, consultation, cancellation, examination, etc., (hereinafter referred to as "authorization, permission, etc.") shall be deemed issued in relation thereto; and when the approval of an implementation plan is publicly notified, authorization, permission, etc., under the following Acts, shall be deemed publicly notified or announced: <Amended on Jan. 14, 2014; Jun. 3, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Mar. 31, 2020; Jul. 20, 2021>
1. Building permission under Article 11 of the Building Act, alteration to matters permitted and reported under Article 16 of the same Act, and building permission for, or reporting on the construction of, temporary buildings under Article 20 of the same Act;
2. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
3. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of the same Act; approval of, or reporting on, an implementation plan to occupy and use under Article 17 of the same Act; reclamation license of public waters under Article 28 of the same Act, consultation on, or approval of, reclamation performed by the State, etc., under Article 35 of the same Act; and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
4. Designation of tourist destinations under Article 52 of the Tourism Promotion Act, approval of a development plan under Article 54 of the same Act, and approval for implementation of a development project under Article 55 of the same Act;
5. Denial of permission for the establishment of mining rights under Article 24 of the Mining Industry Act, and revocation of mining rights or reduction of the mining area under Article 34 of the same Act;
6. Establishment of an implementation plan for intelligent transportation systems under Article 76 of the National Transport System Efficiency Act, and formulation and approval of an implementation plan under Article 79 of the same Act;
7. Permission to use administrative property under Article 30 of the State Property Act;
8. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the same Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;
9. Permission to entry into protection zones under Article 9(1)1 of the Protection of Military Bases and Installations Act, and consultation on permission, etc., to be granted by an administrative agency under Article 13 of the same Act;
10. Cancellation of a dairy zone designated under Article 4 of the Dairy Promotion Act;
11. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
12. Change and cancellation of an agricultural promotion area under Article 31(1) of the Farmland Act, permission to divert farmland and consultation thereon under Article 34 of the same Act, reporting on diversion of farmland under Article 35 of the same Act, and permission to temporarily use farmland for other purposes under Article 36 of the same Act;
13. Permission for and reporting on the installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;
14. Authorization for an implementation plan under Article 17 of the Urban Development Act;
15. Consultation with or approval from a road management authority under Article 107 of the Road Act (limited to consultation and approval concerning the designation and public notice of routes under Article 19 of the same Act; determination of road zones under Article 25 of the same Act; permission to execute road works by a person who is not a road management authority under Article 36 of the same Act; and permission to occupy and use roads under Article 61 of the same Act);
16. Permission to build private roads under Article 4 of the Private Road Act;
17. Permission for lumbering, etc., under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of the same Act;
18. Permission for and reporting on activities conducted in forest conservation zones under Article 9(2)1 and 2 of the Forest Protection Act; cancellation of designation of forest conservation zones under Article 11(1)1 of the same Act; reporting on afforestation, deforestation, etc., of state forests under Article 9(3) of the State Forest Administration and Management Act; and permission for and reporting on felling standing timber, etc., under Article 36 of the Creation and Management of Forest Resources Act;
19. Designation of operators of industrial complex development projects under Article 16 of the Industrial Sites and Development Act, and approval of implementation plans for national industrial complex development under Articles 17 and 18 of the same Act;
20. Approval for the establishment, etc., of factories under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act;
21. Change and cancellation of preserved mountainous districts under Article 6 of the Mountainous Districts Management Act, cancellation of the designation of restricted areas for conversion or temporary use of mountainous districts under Article 11 of the same Act, permission for conversion of mountainous districts under Article 14 of the same Act, reporting on conversion of mountainous districts under Article 15 of the same Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act, and permission for collecting earth or stones under Article 25 of the same Act;
22. Permission to execute small river conservation works under Article 10 of the Small River Maintenance Act, and permission to occupy and use small rivers under Article 14 of the same Act;
23. Designation and change of water-source protection areas under Article 7 of the Water Supply and Waterworks Installation Act, authorization for general waterworks business under Article 17(1) of the same Act, authorization for industrial waterworks business under Article 49 of the same Act, authorization for private-use waterworks under Article 52 of the same Act, and authorization for installation of private-use industrial waterworks under Article 54 of the same Act;
24. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
25. Designation of logistics complexes under Article 22 of the Act on the Development and Management of Logistics Facilities, and approval of or consultation on an implementation plan for the development of a logistics cluster under Article 28 of the same Act;
26. Permission to relocate graves under Article 27 of the Act on Funeral Services;
27. Approval for, or reporting on, plans for works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act;
28. Approval of project plans under Article 15 of the Housing Act;
29. Permission for use of administrative property and profiting therefrom under Article 20(1) of the Public Property and Commodity Management Act;
30. Examination for publication of maps, etc., under Article 15(4) of the Act on the Establishment and Management of Spatial Data and reporting on the commencement, alteration, or completion of a project under Article 86(1) of the same Act;
31. Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
32. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;
33. Permission for or consultation on converting the use of grassland under Article 23 of the Grassland Act;
34. Approval for or reporting on the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
35. Permission for the execution of public sewerage works under Article 16 of the Sewerage Act, permission for the occupation and use of a public sewerage system under Article 24 of the same Act, and reporting on the installation of a private sewage treatment facility under Article 34(2) of the same Act;
36. Consultation with or approval by a river management agency under Article 6 of the River Act, permission for the execution of river works and authorization of a river works execution plan under Article 30 of the same Act, and permission to occupy and use a river under Article 33 of the same Act;
37. Permission under Article 14(1).
(2) When a project implementer intends to be deemed to obtain authorization, permission, etc., he or she shall submit related documents prescribed by the relevant Act when filing an application for authorization of its implementation plan.
(3) In approving an implementation plan, the Administrator shall pre-consult with the head of a related administrative agency, if it contains any matter falling under any subparagraph of paragraph (1), and the head of the related administrative agency shall submit his or her opinion within 20 days from the date of receiving such request; and if no opinion is submitted within such period, he or she shall be deemed to have no opinion.
(4) Where any authorization, permission, etc., is deemed obtained under any other statute as prescribed in paragraph (1), registration and license tax, fees, use fees, etc., to be imposed on a license in return for the relevant authorization, permission, etc., under related statutes or ordinances of a Metropolitan City or Do, shall be exempted.
[This Article Wholly Amended on Jun. 11, 2014]