Article 37(Authorization and permission deemed granted under other statutes) #
(1) Where an implementation plan or an amendment to such implementation plan is approved under Article 35, the following approval, permission, authorization, decision, reporting, consultation, revocation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted or made; and where approval of an implementation plan is publicly notified, the authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following Acts: <Amended on Jan. 19, 2016; Dec. 27, 2017; Jan. 17, 2017; Oct. 24, 2017; Feb. 21, 2018; Mar. 24, 2020; Mar. 31, 2020; Dec. 27, 2022>
1. Permission for, or reporting on, conversion of mountainous districts under Article 14 or 15 of the Mountainous Districts Management Act; and permission for, or reporting on the temporary use of mountainous districts under Article 15-2 of the same Act;
2. Permission for, and reporting of, felling standing timber, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
3. Revision or revocation of the designation of a forestry promotion zone under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
4. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act; and cancellation of the designation of land for erosion control under Article 20 of the same Act;
5. A building permit under Article 11 of the Building Act; building reporting under Article 14 of the same Act; revision to a permit and reporting under Article 16 of the same Act; permission for, and reporting on, a temporary building under Article 20 of the same Act; and consultation on building under Article 29 of the same 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, the road management authority under Article 107 of the same Act;
7. A permit to open a private road under Article 4 of the Private Road Act;
8. Determination on an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to facilities defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act); permission for development activities under Article 56 of the same Act; designation of an implementer of urban or Gun planning facility projects under Article 86 of the same Act; formulation and authorization of implementation plans under Article 88 of the same Act;
9. Reporting on the commencement, alteration or completion of a project under Article 86 (1) of the Act on the Establishment and Management of Spatial Data;
10. Change and cancellation of an agricultural promotion area under Article 31 of the Farmland Act; and permission for, or consultation on, diversion of farmland under Article 34 of the same Act;
11. Permission for alterations, etc. to the form and quality of land under Article 21-2 of the Grassland Act; and permission for conversion of the use of grassland under Article 23 of the same Act;
12. Cancellation of a dairy zone designated under Article 4 (1) of the Dairy Promotion Act;
13. Permission to use agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
14. Non-permission for the establishment of mining rights under Article 24 of the Mining Industry Act; and revocation of mining rights or reduction of mining areas under Article 34 of the same Act;
15. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; consultation or approval under Article 10 of the same Act; approval for, or reporting on, an implementation plan for occupancy or use under Article 17 of the same Act; reclamation licenses of public waters under Article 28 of the same Act; public notice of reclamation licenses under Article 33 of the same Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of the same Act; and approval and public notice of an implementation plan for reclamation of public waters under Article 38 of the same Act;
16. Authorization for waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act; or authorization for the installation of private-use waterworks under Article 52 of the same Act;
17. Permission to implement construction works for 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;
18. Consultation on the appropriateness of integrated energy supply under Article 4 of Integrated Energy Supply Act;
19. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
20. Approval for, or reporting on, plans for works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act;
21. A permit for, and reporting on, installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;
22. Formulation of, and approval of, comprehensive plans for the maintenance of small rivers under Article 6 of the Small River Maintenance Act; formulation of plans for implementing the maintenance of small rivers under Article 8 of the same Act; permission to execute small river works under Article 10 of the same Act; and permission for, or reporting on, occupancy and use, etc. of small rivers under Article 14 of the same Act;
23. Consultations on disaster impact assessment, etc. under Article 5 of the Countermeasures against Natural Disasters Act in relation to a development project;
24. Permission to relocate unclaimed graves under Article 27 (1) of the Act on Funeral Services;
25. Approval for business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;
26. Approval for, or reporting on, the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
27. Permission to exercise use or benefit from State property under Article 30 of the State Property Act; and disuse of administrative property under Article 40 of the same Act;
28. Disuse of administrative property under Article 11 of the Public Property and Commodity Management Act; and permission for use of or profit-making from administrative property under Article 20 of the same Act;
29. Permission for a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions;
30. Designation of a natural recreation forest under Article 13 (1) through (3) of the Forestry Culture and Recreation Act; approval of a plan for creating a natural recreation forest under Article 14 (2) of the same Act; approval of a plan for creating a forest bath, etc. under Article 20 (2) and (3) of the same Act; and a feasibility assessment under Article 21-2 (1) of the same Act.
(2) Where the Minister of the Korea Forest Service intends to grant approval or approval for modification of an implementation plan that includes any of the matters under the subparagraphs of paragraph (1), he or she shall, in advance, consult with the heads of the relevant administrative agencies, along with relevant documents submitted by the project implementer. <Amended on Jul. 25, 2023>
(3) Where authorization, permission, etc. is deemed granted under other Acts pursuant to paragraph (1), an exemption from license tax, fees, user fees, etc. imposed under relevant Acts shall be granted.
(4) Except as provided in paragraphs (1) through (3) of this Article, Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards and effects, etc. of the legal fiction of authorization, permission, etc. <Added on Jul. 25, 2023>