Article 13(Authorization and Permission Deemed Granted under Other Acts) #
(1) For the following permission, authorization, license, approval, report, determination, consultation, etc. (hereinafter referred to as "authorization, permission, etc."), when a managing authority establishes or alters an implementation plan pursuant to Article 10 or permits persons other than managing authorities to implement construction works for small public facilities pursuant to Article 12, the matters on which he or she consults with the head of the relevant administrative agency pursuant to paragraph (3) shall be deemed to have obtained the authorization, permission, etc.; and when he or she makes a public announcement of an implementation plan and the details of permission for implementing construction works, it shall be deemed that he or she gives a public notice or makes a public announcement of the relevant authorization, permission, etc.: <Amended on Dec. 24, 2018; Dec. 27, 2022; Mar. 21, 2023; Aug. 8, 2023; Sep. 14, 2023; Feb. 6, 2024>
1. An occupancy or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act; consultation or approval under Article 10 of that Act; approval or report of implementation plans for occupancy or use under Article 17 of that Act; reclamation license under Article 28 of that Act; consultation or approval of reclamation conducted by the State, etc. under Article 35 of that Act; and approval of implementation plans for reclamation of public waters under Article 38 of that Act;
2. Approval of development plans or approval of revision to such plans under Article 54 of the Tourism Promotion Act;
3. Determination of urban or gun management plans under Article 30 of the National Land Planning and Utilization Act (only referring to the plan for infrastructure among the plans under subparagraph 4 (c) of Article 2 of that Act); permission for development activities under Article 56 of that Act; designation of implementers of urban or gun planning facility projects under Article 86 of that Act; and formulation and authorization of implementation plans under Article 88 of that Act;
4. Permission for changing land shape or quality under Article 111 of the Agricultural and Fishing Villages Improvement Act;
5. Permission to divert farmland under Article 34 of the Farmland Act; reports on diversion of farmland under Article 35 of that Act; and permission for and consultation on temporary use of farmland for other purposes under Article 36 of that Act;
6. Permission to change the current state of State-designated cultural heritage under Article 35 (1) 1 and 2 of the Cultural Heritage Conservation and Utilization Act, Permission to use State-owned cultural heritage and natural heritage under the proviso of Article 66 of that Act (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 63 of the Act on the Preservation and Utilization of Natural Heritage), reporting on the change of the current state of State-registered cultural heritage under Article 17 of the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage, permission under Article 17 (1) 1, 2, 4, and 5 of the Act on the Preservation and Utilization of Natural Heritage, and consultation under Article 8 of the Act on Protection and Inspection of Buried Heritage;
7. A permit to build a private road under Article 4 of the Private Road Act;
8. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act;
9. Permission to open private roads under Article 4 of the Private Road Act;
10. Permission for or reporting on activities within a forest conservation zone (excluding forest genetic resources protection zones) under Article 9 (1) and paragraph (2) 1 and 2 of that Article of the Forest Protection Act;
11. Permission for conversion of mountainous districts under Article 14 of the Mountainous Districts Management Act; reporting on conversion of mountainous districts pursuant to Article 15 of that Act; permission for and reporting on temporary use of mountainous districts under Article 15-2 of that Act; and permission, etc. for collecting earth or stone under Article 25 of that Act;
12. Authorization for installation of private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act; and authorization for installation of private-use industrial waterworks under Article 54 of that Act;
13. Permission for acts in the park area under Article 23 of the Natural Parks Act;
14. Permission for the implementation of road works by persons other than road management authorities under Article 36 of the Road Act; permission for occupation and use of roads under Article 61 of that Act; and consultation with or permission from road management authorities under Article 107 of that Act;
15. Formulation of action plans for maintenance of small rivers under Article 8 of the Small River Maintenance Act; and permission for the execution of construction works by persons other than managing authorities under Article 10 of that Act;
16. Permission for acts within grassland pursuant to Article 21-2 of the Grassland Act; and permission for, or reporting or consultation on, conversion of the use of grassland under Article 23 of that Act;
17. Permission to conduct construction works related to a public sewerage system under Article 16 of the Sewerage Act; and permission for occupation and use under Article 24 of that Act;
18. Establishment of a river works execution plan under Article 27 of the River Act; permission for the execution of river works by persons other than river management agencies under Article 30 of that Act; permission for occupation and use of rivers under Article 33 of that Act; and permission for activities in predetermined river land, etc. under Article 38 of that Act;
19. Permission to entry into controlled protection zones under Article 9 (1) 1 of the Protection of Military Bases and Installations Act; and consultation on permission, etc. by the administrative agency under Article 13 of that Act.
(2) Where a person other than managing authorities intends to receive authorization, permission, etc. deemed granted pursuant to paragraph (1), he or she shall submit the related documents prescribed by the relevant Acts when he or she applies for permission for implementing construction works for small public facilities under Article 12.
(3) Where a managing authority intends to establish or alter an implementation plan for small dangerous facilities maintenance projects pursuant to Article 10 or permit construction works for small public facilities implemented by persons other than managing authorities pursuant to Article 12, he or she shall consult with the head of the relevant administrative agency in advance where the matters under each subparagraph of paragraph (1) are included therein.
(4) For the matters on which a managing authority consults with the head of the relevant administrative agency pursuant to paragraph (6) regarding completion inspection, completion authorization, etc. following authorization, permission, etc. deemed granted under paragraph (1), the relevant completion inspection or completion authorization shall be deemed conducted or granted and the public notice following such completion inspection or completion authorization shall be deemed given, in any of the following cases:
1. Where the details of completion of construction works for small dangerous facilities are publicly notified pursuant to Article 10 (6);
2. Where the completion inspection is finalized and publicly notified pursuant to Article 12 (4).
(5) Where a person other than managing authorities intends to receive completion inspection, completion authorization, etc. deemed granted pursuant to paragraph (4), he or she shall submit the related documents prescribed by the relevant Acts when he or she applies for a completion inspection pursuant to Article 12 (4).
(6) Where a managing authority completes construction works pursuant to Article 10 (6) or conducts a completion inspection pursuant to Article 12 (4), he or she shall consult with the head of the relevant administrative agency in advance where there are matters corresponding to completion inspection, completion authorization, etc. following authorization, permission, etc. deemed granted pursuant to paragraph (1).