Article 33(Legal fiction of authorization and permission) #
(1) Where a person who intends to operate a development project obtains approval for or hears opinions on the operation of the development project under Article 32, matters on which the Gwangju Metropolitan City Mayor has consulted in advance with the head of the relevant administrative agency of permission, etc. regarding the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc.") shall be deemed to have obtained the relevant permission, etc.: <Amended on Apr. 11, 2007; Dec. 27, 2007; Mar. 21, 2008; Jan. 30, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Mar. 13, 2015; Dec. 27, 2016; Feb. 8, 2017; Jan. 29, 2020 Mar. 31, 2020; May 16, 2023>
1. Permission to change the form, quality, etc. of land under Article 21-2 of the Grassland Act, and permission to convert grassland under Article 23 of that Act;
2. Permission for and report on converting mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and report on the temporary use of a mountainous district under Article 15-2 of that Act, permission to extract soil and stone under Article 25-1 of that Act, and permission to extract soil and sand under Article 25-2 of that Act;
3. Permission for and report on the cutting, etc. of standing timber under Article 36 of the Creation and Management of Forest Resources Act, and cancellation of designation of a forest protection zone under Article 11 (1) 1 of the Forest Protection Act;
4. Permission for or consultation about the diversion of farmland under Article 34 of the Farmland Act;
5. Permission for use of agricultural production infrastructure for purposes other than originally stated purposes under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval for a business plan for the development of an agricultural and fishing village tourism and recreation complex under Article 82 (2) of that Act;
6. Approval for the establishment, etc. of a factory under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;
7. Designation of an agro-industrial complex under Article 8 of the Industrial Sites and Development Act, designation of an operator of an industrial complex development project under Article 16 of that Act, and approval for an implementation plan for the development of an agro-industrial complex under Article 19 of that Act;
8. Consultation with or approval by a management agency under Article 6 of the River Act, permission for the implementation of river works under Article 30 of that Act, and permission for occupancy, use, etc. of a river under Article 33 of that Act;
9. Permission for occupancy and use of public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization of an implementation plan for occupancy or use (excluding a predetermined land to be reclaimed for which a reclamation license is granted) under Article 17 of that Act, reclamation license of public waters under Article 28 of that Act, announcement of a reclamation license under Article 33 of that Act, consultation about or approval for reclamation conducted by the State, etc. under Article 35 of that Act, and authorization and announcement of an implementation plan for reclamation of public waters under Article 38 of that Act;
10. Deleted; <Mar. 13, 2015>
11. Approval for or report on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
12. Consultation about and approval of waterworks under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and approval for the installation of waterworks for exclusive use under Article 52 of the that Act and approval for the installation of industrial waterworks for exclusive use under Article 54 of that Act;
13. License for electric generation business, electric transmission business, electric distribution business or electric sales business under Article 7 of the Electric Utility Act, and approval for or report on a plan of works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act;
14. Approval for a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
15. Approval for a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist resort and a tourism complex under Article 52 of that Act, and approval for a development plan under Article 54 of that Act;
16. Approval for a hot spring development plan under Article 10 of the Hot Spring Act;
17. Deleted; <Apr. 15, 2010>
18. Permission to conduct roadworks by a person who is not a road management agency under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of that Act, and holding consultations with or obtaining approval from a road management agency under Article 107 of that Act;
19. Determination of urban or Gun management plans under Article 30 of the National Land Planning and Utilization Act, permission for development acts under Article 56 of that Act, designation of the implementers of urban or Gun planning facility projects under Article 86 of that Act, and authorization for implementation plans under Article 88 of that Act;
20. Permission for implementation of works for the installation of a public sewerage system under Article 11 of the Sewerage Act (only applicable to foul waste treatment plants), permission for construction of a public sewage system under Article 16 of that Act, and permission for occupation and use of a public sewerage system under Article 24 of that Act;
21. Permission to open neglected graves under Article 27 (1) of the Act on Funeral Services;
22. Permission for implementation of harbor development projects under Article 9 (2) of the Harbor Act, and approval for plans for implementation of harbor development projects under Article 10 (2) of that Act;
23. Designation of the implementer of an urban development project under Article 11 of the Urban Development Act, authorization of establishment of an association under Article 13 of that Act, and authorization, announcement, etc. of an implementation plan under Articles 17 and 18 of that Act;
24. Approval of an implementation plan of a housing site development project under Article 9 of the Housing Site Development Promotion Act;
25. Authorization to implement a project plan 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 Redevelopment;
26. Permission for opening of private roads under Article 4 of the Private Road Act;
27. Permission for felling timber, etc. under Article 14 of the Erosion Control Work Act, and cancellation of designation of an erosion control area under Article 20 of that Act;
28. Permission for implementation of small river construction works under Article 10 of the Small River Maintenance Act, and permission for occupancy and use of a small river under Article 14 of that Act;
29. Permission for extraction of aggregate under Article 22 of the Aggregate Extraction Act;
30. Permission for use of any State property under Article 30 of the State Property Act;
31. Permission for using and benefiting from administrative property under Article 20 (1) of the Public Property and Commodity Management Act;
32. Building permit under Article 11 of the Building Act, report on building under Article 14 of that Act, permission under Article 16 of that Act, permission for or report on erection of a temporary structure under Article 20 of that Act, and consultation about construction under Article 29 of that Act;
33. Consultation about the feasibility of supplying integrated energy under Article 4 of the Integrated Energy Supply Act;
34. Consultation about a plan for use of energy under Article 10 of the Energy Use Rationalization Act;
35. Designation of a logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities and approval for an implementation plan for the development of a logistics complex under Article 28 of that Act;
36. Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act.
(2) Where a person seeking to obtain deemed permission, etc. under paragraph (1) intends to conduct a basic survey in accordance with Article 31, he or she shall submit the relevant documents prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Aug. 8, 2023>
(3) The Gwangju Metropolitan City Mayor shall consult in advance with the heads of relevant administrative agencies when he or she intends to formulate, modify or approve a development plan that contains any matters specified in the subparagraphs of paragraph (1). <Amended on Mar. 13, 2015; May 16, 2023>
(4) Where permission, etc. under other Acts is deemed granted in accordance with paragraph (1), usage fees and other charges imposed for such grant of permission, etc. shall be exempted pursuant to the relevant Acts or Municipal Ordinance of City/Do. <Amended on May 16, 2023>
(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>