Article 15(Legal Fiction as Authorization and Permission under Other Statutes) #
(1) When the State or any local government formulates an implementation plan pursuant to Article 14(1) or the approval authority for implementation plans approves an implementation plan pursuant to Article 14(2), the following approval, permission, authorization, decision, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted regarding matters on which the heads of relevant administrative agencies has consulted pursuant to paragraph (3); when the formulation or approval of an implementation plan is publicly announced pursuant to Article 14(4), the authorization, permission, etc. shall be deemed publicly notified or publicly announced pursuant to the following statutes: <Amended on Dec. 26, 2008; Jun. 9, 2009; May 31, 2010; Apr. 14, 2011; Aug. 4, 2011; Jan. 14, 2014; Dec. 27, 2016; Jan. 17, 2017; Aug. 9, 2017; Nov. 28, 2017; Nov. 30, 2021>
1. A decision on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to matters regarding constructing, improving or ameliorating infrastructure), permission to occupy and use a common duct under Article 44(4) of the aforesaid Act, permission for development acts under Article 56 of the aforesaid Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of the aforesaid Act, or approval of an implementation plan under Article 88 of the aforesaid Act;
2. Permission to occupy and use a public sewerage system under Article 24 of the Sewerage Act;
3. Permission to occupy and use a river under Article 33 of the River Act;
4. Permission to occupy and use a small river under Article 14 of the Small River Maintenance Act;
5. Permission to occupy and use a road under Article 61 of the Road Act;
6. Reporting of a road construction project under Article 69 of the Road Traffic Act;
7. Building permission granted under Article 11 of the Building Act, reporting of a building project under Article 14 of the aforesaid Act, permission for, or reporting of, constructing a temporary building under Article 20 of the aforesaid Act, consultation on construction of a public building under Article 29 of the aforesaid Act, or reporting of construction of a structure, such as a retaining wall, under Article 83 of the aforesaid Act;
8. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act;
9. Permission to use or profit from any administrative property or preserved property under Article 24 of the State Property Act;
10. Permission to use or profit from any administrative property under Article 20 of the Public Property and Commodity Management Act;
11. Permission for, or consultation about, converting farmland under Article 34 of the Farmland Act, reporting on converting farmland under Article 35 of the aforesaid Act, or permission for, or consultation about, the temporary use of farmland for any other purpose under Article 36 of the aforesaid Act;
12. Permission for using agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
13. Permission for, or reporting on, converting a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act and permission for, or reporting on, the temporary use of a mountainous district under Article 15-2 of the same Act;
14. Permission for, or reporting on, cutting trees, etc. under Article 36 of the Creation and Management of Forest Resources Act or permission for, or reporting on, acts within a forest conservation zone (excluding conservation zones for forest gene resources) under Article 9(1) and (2) 1 and 2 of the Forest Protection Act;
15. Permission to cut trees within an erosion control area under Article 14 of the Erosion Control Work Act;
16. Permission to divert grassland under Article 23 of the Grassland Act;
17. Consent to building permission, etc. under Article 6 of the Act on Installation and Management of Firefighting Systems;
18. Reporting of commencing a project for installing a fire-fighting system under Article 13 of the Firefighting System Installation Business Act;
19. Permission for occupation of urban parks under Article 24 of the Act on Urban Parks and Green Areas, permission for activities within urban natural park areas under Article 27 of the said Act, and permission for occupation of greenbelts under Article 38 of the said Act;
20. A decision on a measuring network installation plan under Article 6 of the Soil Environment Conservation Act;
21. A decision on a measuring network installation plan under Article 4 of the Clean Air Conservation Act;
22. A decision on a measuring network installation plan under Article 9-2 of the Water Environment Conservation Act;
23. A decision on a measuring network installation plan under Article 4 of the Noise and Vibration Control Act.
(2) Any project implementer who intends to obtain constructive authorization, permission, etc. (excluding the State and local governments) shall also submit the documents required under relevant statutes, when filing an application for approval of an implementation plan or any modification thereto.
(3) When the Minister of Land, Infrastructure and Transport (referring to where the State is a project implementer) or the head of a local government formulates an implementation plan pursuant to paragraph 14 (1) or the approval authority for implementation plans approves an implementation plan pursuant to paragraph 14 (2), he or she shall pre-consult with the head of a relevant central administrative agency, if the implementation plan includes any matter referred to in the subparagraphs of paragraph (1). In such cases, the head of the relevant central administrative agency shall present his or her opinion within the period prescribed by Presidential Decree after receipt of a request for consultation. <Amended on Mar. 23, 2013>