Article 38(Legal fiction of authorization or permission) #
(1) When a management authority publicly announces an implementation plan pursuant to Article 37(4), any matters for which prior consultation has been held with the heads of the relevant administrative agencies regarding the following permission, authorization, license, approval, consultations, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed obtained such authorization, permission, etc. and public notice or public announcement of authorization, permission, etc. under relevant statutes shall be deemed given or made: <Amended on Dec. 27, 2016; Mar. 31, 2020; Dec. 27, 2022; May 16, 2023>
1. Permission for occupancy and use under Article 8 of the Public Waters Management and Reclamation Act; consultations or approval under Article 10 of the same Act; approval of an implementation plan under Article 17 of the same Act; a reclamation license under Article 28 of the same Act; consultations on, or approval of, reclamation conducted by the State, etc. under Article 35 of the same Act; and approval and public notice of, an implementation plan under Article 38 of the same Act;
2. Approval for a project under Article 20 of the Act on Acquisition of and Compensation for Land for Public Works Projects;
3. Permission to use administrative property under Article 30 of the State Property Act;
4. Permission for development activities under Article 56 of the National Land Planning and Utilization Act, designation of an implementer of an urban/Gun planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;
5. Permission to use the agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
6. Permission to implement road works 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 from, road management agencies under Article 107 of the same Act;
7. Permission to occupy and use urban parks under Article 24 of the Act on Urban Parks and Green Areas;
8. Permission to open private roads under Article 4 of the Private Road Act;
9. Permission for felling, 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;
10. Permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act; reporting on conversion of mountainous districts under Article 15 of that Act; permission for, and reporting on, the temporary use of mountainous districts under Article 15-2 of that Act; permission for, and reporting on, gathering soil and stones under Article 25 of that Act; permission for, and reporting on, felling of standing timber, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act; permission for, and reporting on, activities within forest conservation zones (excluding forest genetic resources protection zones) under Article 9(2)1 and 2 of the Forest Protection Act; and revocation of designation of a forest conservation zone under Article 11(1)1 of that Act;
11. Permission to execute small river construction 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;
12. Authorization for the installation of private-use waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
13. Permission to implement park projects and manage park facilities under Article 20 of the Natural Parks Act; permission to engage in activities under Article 23 of the same Act; consultation on changing the shape of a natural park under Article 26 of the same Act, and consultation with the park management agency under Article 71 of the same Act;
14. Approval of, or reporting on, plans for works for constructing electric installations for electric utility under Article 61 of the Electric Utility Act, and approval of, or reporting on, plans for works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act;
15. Permission to execute construction works under Article 16 of the Sewerage Act, permission for occupation and use under Article 24 of the same Act, and reporting on the installation of a drainage system under Article 27 of the same Act;
16. Permission to engage in activities, such as altering the form and quality of land under Article 21-2 of the Grassland Act, and permission for, reporting on, or consultation about, converting the use of grassland under Article 23 of the same Act;
17. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act.
(2) Where a management authority intends to formulate or modify an implementation plan or to approve an implementation plan pursuant to Article 37 (2), he or she shall first consult with the heads of related central administrative agencies if the implementation plan contains matters referred to in any subparagraph of paragraph (1). <Amended May 16, 2023>
(3) Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction of authorization, permission, etc. <Amended May 16, 2023>