Article 16(Authorization and permission deemed granted) #
(1) Where a project implementer formulates an implementation plan or obtains approval or approval for modification thereof under Article 12, if the Minister of Agriculture, Food and Rural Affairs had prior consultation with the heads of relevant administrative agencies regarding permission, authorization, designation, approval, consultation, cancellation, report, etc. falling under any of the following subparagraphs (hereinafter referred to as "authorization, permission, etc."), the project implementer shall be deemed to have received or completed such authorization, permission, etc.; and when the implementation plan is publicly notified, the public notice or public announcement of the authorization, permission, etc. under the following statutes shall be deemed to have been made: <Amended on Jan. 14, 2014; Jun. 3, 2014; Dec. 27, 2016; Feb. 11, 2020; Jul. 20, 2021; Jul. 25, 2023>
1. Building permission, building reports and the modification of matters permitted and reported under Articles 11,14 and 16 of the Building Act and permission for and reports on temporary buildings under Article 20 of the same Act and consultation on building under Article 29 of the same Act;
2. Permission to use administrative property under Article 30 of the State Property Act;
3. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act and permission to engage in development activities under Article 56 of the same Act;
4. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization or reporting of an implementation plan for occupancy or use under Article 17 of the same Act, a license to reclaim public waters under Article 28 of the same Act, consultation on or approval of reclamation conducted 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;
5. Permission for use and profit-making under Article 20(1) of the Public Property and Commodity Management Act;
6. Permission to implement road works, etc. by person(s) other than the road management authorities under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of the same Act and consultation with or approval by road management authorities under Article 107 of the same Act;
7. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act, nonuse of agricultural infrastructure under Article 24 of the same Act and approval of business plans for rural tourism and resort complexes under Article 82(2) of the same Act;
8. Permission to divert farmland and consultation under Article 34 of the Farmland Act;
9. Permission to build private roads under Article 4 of the Private Road Act;
10. 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;
11. Permission for and reporting of activities within forest conservation zones under Article 9 of the Forest Protection Act and cancellation of designation of forest conservation zones under Article 11 of the same Act;
12. Permission for and reporting of felling standing trees, etc. under Article 36 of the Creation and Management of Forest Resources Act;
13. Permission to convert mountainous districts and reporting of converting mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act and permission for and reporting of collecting earth and stones under Article 25 of the same Act;
14. Permission to implement small river 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;
15. Consultation on and authorization for waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for installation of private-use waterworks under Articles 52 and 54 of the same Act;
16. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
17. Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
18. Permission for alteration, etc. of the form and quality of land under Article 21-2 of the Grassland Act and permission to convert grasslands under Article 23 of the same Act;
19. Examination of publication of maps, etc. under Article 15(4) of the Act on the Establishment and Management of Spatial Data and reporting of the commencement, alteration or completion of projects under Article 86(1) of the same Act;
20. Approval for or reporting of the installation of waste treatment facilities under Article 29 of the Wastes Control Act;
21. Permission to implement construction of a public sewerage system under Article 16 of the Sewerage Act and permission to occupy and use a public sewerage system under Article 24 of the same Act;
22. Consultation with, or approval by, a river management agency under Article 6 of the River Act, permission to execute river works under Article 30 of the same Act and permission to occupy and use rivers under Article 33 of the same Act.
(2) When the Minister of Agriculture, Food and Rural Affairs intends to formulate or modify a business plan containing matters falling under any of the subparagraphs of paragraph (1) in accordance with Article 8, he or she shall have a prior consultation with the heads of relevant administrative agencies. <Amended Mar. 23, 2013; Jul. 25, 2023>
(3) Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the deemed authorization, permission, etc., except as provided in paragraphs (1) and (2). <Added on Jul. 25, 2023>