Article 14(Legal fiction of relevant authorization and permission) #
(1) In approving an implementation plan or a modification thereto pursuant to Article 12(1), if the Minister of Land, Infrastructure and Transport has consulted with the heads of relevant administrative agencies pursuant to paragraph (3) with regard to the permission, authorization, designation, approval, consultation, report, etc. (hereinafter referred to as "authorization, permission, etc.") in each of the following for the implementation plan, the relevant authorization, permission, etc. shall be deemed obtained for such matters, and if the implementation plan is published pursuant to Article 12(5), the authorization, permission, etc. under the Acts in each of the following shall be deemed publicly notified or publicly announced: <Amended on Apr. 11, 2007; Dec. 27, 2007; Feb. 29, 2008; Mar. 21, 2008; Jan. 30, 2009; Jun. 9, 2009; May 31, 2010; Apr. 14, 2011; May 30, 2011; Feb. 22, 2012; Mar. 23, 2013; Jan. 14, 2014; Jun. 3, 2014; Jul. 24, 2015; Jan. 19, 2016; Dec. 27, 2016; Jan. 29, 2020; Jun. 9, 2020; Jul. 20, 2021; Dec. 27, 2022>
1. 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 operators of urban or Gun planning facility projects under Article 86 of that Act, and authorization of implementation plans under Article 88 of that Act;
2. Authorization of implementation plans for urban development projects under Article 17 of the Urban Development Act;
3. Approval of business plans under Article 15 of the Housing Act;
4. Approval of housing site development plans under Article 8 of the Housing Site Development Promotion Act and approval of housing site development implementation plans under Article 9 of that Act;
5. 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 that Act, approval of, or reporting on, an implementation plan to occupy and use under Article 17 of that Act, reclamation license of public waters under Article 28 of that Act, consultation on, or approval of, reclamation performed by the State, etc., under Article 35 of that Act, approval of an implementation plan for reclamation of public waters under Article 38 of that Act, and approval for change of purpose of reclamation under Article 49 of that Act;
6. Deleted; <Apr. 15, 2010>
7. Permission to perform harbor development projects under Article 9(2) of the Harbor Act and approval of a plan to implement harbor development projects under Article 10(2) of that Act;
8. Designation of logistics complexes under Article 22 of the Act on the Development and Management of Logistics Facilities and approval of logistics complex development implementation plans under Article 28 of that Act;
9. Permission for use of agricultural infrastructures under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and approval of a business plan for a rural tourism and resort complex under Article 82(2) of that Act;
10. Designation of operators of industrial complex development projects under Article 16 of the Industrial Sites and Development Act and approval of an implementation plan for industrial complex development under Articles 17, 17-2, 18, 18-2, and 19 of that Act;
11. Approval of a business plan under Article 15 of the Tourism Promotion Act, designation of a tourist destination and tourism complex under Article 52 of that Act, approval of a development plan for a tourist destination and tourism complex under Article 54 of that Act, and approval for the execution of a development project under Article 55 of that Act;
12. Designation of a Jeju investment promotion zone under Article 162 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and approval for the execution of a development project under Article 147 of that Act;
13. Permission for use of any State property under Article 30 of the State Property Act;
14. Permission to use and make profits under Article 20 of the Public Property and Commodity Management Act;
15. Permission to rebury under Article 27 of the Act on Funeral Services;
16. Obtaining permission or an agreement on the conversion of farmland under Article 35 of the Farmland Act;
17. Permission to change, etc. to land shape and quality under Article 21-2 of the Grassland Act and permission for, reporting or consultation on the conversion of grassland under Article 23 of that Act;
18. Permission to implement road works for a person other than road management authorities under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of that Act, and consultation with or approval from the relevant road management authority under Article 107 of that Act;
19. Permission for the construction of private roads under Article 4 of the Private Road Act;
20. Permission for logging, etc. under Article 14 of the Erosion Control Work Act, and cancellation of the designation of a land erosion-control area under Article 20 of that Act;
21. Permission to divert a mountainous district under Article 14 of the Mountainous Districts Management Act, reporting on the diversion of a mountainous district under Article 15 of that Act, permission for, reporting on the temporary use of a mountainous district under Article 15-2 of that Act, and permission to collect earth or stone under Article 25 of that Act;
22. Permission for and reporting of cutting, etc. of standing timbers under Article 36(1) and (5) of the Creation and Management of Forest Resources Act and rescission of designation of forest conservation zones under Article 11(1)1 of that Act; provided, this shall not apply to forests for seed collection and experiment under the Creation and Management of Forest Resources Act and conservation zones for forest genetic resources under the Forest Protection Act;
23. Permission under Article 11 of the Building Act, reporting under Article 14 of that Act, modification of permitted or reported matters under Article 16 of that Act, permission for and reporting on a temporary building under Article 20 of that Act, and consultations on construction under Article 29 of that Act;
24. Approval for establishment, etc. of factories under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act;
25. Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act;
26. Permission for implementation of construction over small rivers under Article 10 of the Small River Maintenance Act and permission for occupation, use, etc. of small rivers under Article 14 of that Act;
27. Consultation with or approval from the river management agency under Article 6 of the River Act, permission to implement river works and authorization for a river works execution plan under Article 30 of that Act, and permission for occupation, use, etc. of a river under Article 33 of that Act;
28. Authorization for general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of that Act;
29. Authorization for the installation of a public sewerage system (limited to waste treatment plants) under Article 11 of the Sewerage Act, permission for the execution of public sewerage system construction work under Article 16 of that Act, and permission for the occupation and use of a public sewerage system under Article 24 of that Act;
30. Reporting on commencement, alteration, or completion of a project under Article 86(1) of the Act on the Establishment and Management of Spatial Data;
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. Examination of publication of maps, etc. under Article 15 (4) of the Act on the Establishment and Management of Spatial Data;
34. Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act;
35. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
36. Deleted; <May 30, 2011>
37. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act.
(2) Where a project operator who intends to be deemed granted authorization, permission, etc. under paragraph (1) files an application for approval of an implementation plan or any modification thereto, he or she shall submit relevant documents prescribed by relevant statutes, along with such application. <Amended on Jun. 9, 2020>
(3) In approving an implementation plan or a modification thereto in accordance with Article 12(1), the Minister of Land, Infrastructure and Transport shall consult in advance with the head of a relevant administrative agency if a matter falling under any subparagraph of paragraph (1) is included in the implementation plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020>
(4) Upon receipt of a request for consultation from the Minister of Land, Infrastructure and Transport in accordance with paragraph (3), the head of a relevant administrative agency shall submit his or her opinion within 20 days from his or her receipt of such request for consultation. In such cases, if the head of a relevant administrative agency fails to submit his or her opinion within such period, he or she shall be deemed to have no opinion. <Amended on Feb. 29, 2008; Jan. 17, 2012; Mar. 23, 2013>
(5) Where a project operator intends to be deemed granted authorization, permission, etc. under paragraph (1), when documents, such as a permit for and a report on construction, are required to be submitted as a result of the accompaniment of the construction of buildings, etc., such documents may be substituted by drawings attached to documents related to building permission, etc. under paragraph (1)23.
(6) Where authorization, permission, etc. under other statutes are deemed to have been granted in accordance with paragraph (1), license tax, fees, usage fees, etc. (excluding usage fees or rents for permission to use or lease national property) imposed in return for the authorization, permission, etc. shall be exempted, as prescribed by relevant statutes or municipal ordinances of a Metropolitan City, Do, or Special Self-Governing Province. <Added on Mar. 22, 2013>