Article 18(Legal fiction of authorization and permission) #
(1) Where the Minister of Oceans and Fisheries or a Mayor/Do Governor has approved a plan for development project or approved a modification thereof pursuant to Article 16, the following permission, authorization, consultation, consent, approval, reporting, cancellation, etc. (hereafter in this Article referred to as "authorization, permission, etc."), with regard to which he or she has a prior consultation with the head of the relevant administrative agency in charge of authorization, permission, etc. shall be deemed granted, and where an approval of a plan for development project is publicly announced pursuant to Article 16(4), authorization, permission, etc. shall be deemed publicly notified or publicly announced in accordance with the relevant following statutes: <Amended on Feb. 29, 2008; Jun. 9, 2009; May 31, 2010; Aug. 4, 2011; Mar. 23, 2013; May 22, 2013; Jun. 3, 2014; Dec. 27, 2016; Jan. 29, 2020; Mar. 31, 2020; Jul. 20, 2021; Nov. 30, 2021; May 16, 2023>
1. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Management of Firefighting Systems;
2. Permission or consultation on diversion of farmland under Article 34 of the Farmland Act, reporting on diversion of farmland under Article 35 of the said Act, and permission or consultation on temporary use of farmland for other purposes under Article 36 of the said Act;
3. Permission for felling, etc. in land treated for erosion or collapse control under Article 14(1) of the Erosion Control Work Act and cancellation of the designation of land treated for erosion or collapse control under Article 20(1) of the said Act;
4. Permission for conversion of a mountainous district under Article 14 of the Mountainous Districts Management Act and reporting on conversion of a mountainous district pursuant to Article 15 of the said Act, permission or reporting on temporary use of a mountainous district under Article 15-2 of the said Act, permission for collecting earth or stone under Article 25 of the said Act;
5. Permission and reporting on felling of standing trees, etc. under Article 36 of the Creation and Management of Forest Resources Act and cancellation of the designation of a forest protection zone under Article 11(1)1 of the Forest Protection Act;
6. Permission, reporting, and consultation on diversion of grassland under Article 23 of the Grassland Act;
7. Approval for the performance of works in the protected waters under Article 47 of the Fishery Resources Management Act;
8. Authorization or reporting on a work plan under Article 8 of the Electrical Safety Management Act;
9. Permission for development acts under Article 56(1) of the National Land Planning and Utilization Act;
10. Permission for the performance of works on public sewerage under Article 16 of the Sewerage Act;
11. Permission for the opening of a private road under Article 4 of the Private Road Act;
12. Permission for the occupation and use or the use of public waters under Article 8(1) of the Public Waters Management and Reclamation Act, and approval or reporting on an implementation plan under Article 17 of the said Act;
13. Permission for the performance of harbor development projects under Article 9(2) of the Harbor Act and approval for an implementation plan for harbor projects under Article 10(2) of the said Act;
14. Permission for the use of agricultural infrastructure under Article 23(1) of the Rearrangement of Agricultural and Fishing Villages Act and approval for a plan for development project of a rural tourism and resort complex in agricultural and fishing villages under Article 82(2) of the said Act;
15. Permission or reporting on installation and permission for changed installation of waste-generating facilities under Article 11 of the Act on the Management and Use of Livestock Excreta;
16. Permission for the reburial of a grave placed on another person's land, etc. under Article 27 of the Act on Funeral Services;
17. Examination on the publication of maps, etc. under Article 15(4) of the Act on the Establishment and Management of Spatial Data.
(2) Where the Minister of Oceans and Fisheries or a Mayor/Do Governor intends to approve a plan for development project or any modification thereof, if the content subject to approval includes matters specified in any subparagrphs of paragraph (1), he or she shall have a prior consultation with the head of the relevant administrative agency. <Added on May 22, 2013; May 16, 2023>
(3) The relevant administrative agency in charge of authorization, permission, etc. shall submit his or her opinion within 20 days from the receipt of a request for consultation under paragraph (2), and may request the Minister of Oceans and Fisheries or a Mayor/Do Governor to extend the deadline for the submission of opinion if any unavoidable grounds exist, such as implementation of administrative procedures. In such cases, the Minister of Oceans and Fisheries or a Mayor/Do Governor may extend the deadline by up to 10 days, and if the head of a relevant administrative agency fails to submit an opinion by the due date, a consultation shall be deemed held. <Amended on May 16, 2023>
(4) Except as provided in paragraphs (1) through (3), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the criteria and effects of legal fiction of authorization, permission, etc. <Added on May 22, 2013; May 16, 2023>
(5) Deleted. <May 16, 2023>