Article 8(Legal fiction of authorization or permission) #
(1) Where the Minister of Land, Infrastructure and Transport formulates or approves the implementation plan referred to in Article 7(1) and (3), with respect to matters consulted in advance with the head of the administrative agency related to approval, permission, authorization, determination, designation, license, consultation, agreement, deliberation or rescission, etc. (hereinafter referred to as "authorization, permission, etc.") of the following subparagraphs, the relevant authorization, permission, etc. shall be deemed to have been obtained; and where the Minister of Land, Infrastructure and Transport publicly notifies the implementation plan or the approval of the implementation plan referred to in Article 7(6), it shall be deemed that the public notice or public announcement of authorization, permission, etc., under the following laws has been made: <Amended on Jan. 17, 2017; Oct. 31, 2017; Jan. 29, 2020; Nov. 30, 2021; Jun. 10, 2022; Dec. 27, 2022; Jan. 9, 2024>
1. Deliberation of the Construction Technology Deliberative Committee referred to in Article 5 of the Construction Technology Promotion Act;
2. Deliberation of the Building Committee referred to in Article 4 of the Building Act, building permits under Article 11 of that Act, building reports referred to in Article 14 of that Act, permits and reports on change of use referred to in Article 19 of that Act, permission to construct temporary structures referred to in Article 20(1) of that Act, and reports referred to in paragraph (3) of that Article, and consultation with the permitting authority under Article 29 of that Act;
3. Approval of the implementation plan referred to in Article 9 of the Special Act on Designation and Management of Free Economic Zones;
4. Permission to extract aggregate referred to in Article 22 of the Aggregate Extraction Act;
5. Permission to occupy or use public waters and public notice of permission to occupy or use public waters referred to in Article 8 of the Public Waters Management and Reclamation Act, approval of or report on an implementation plan for occupancy or use of public waters referred to in Article 17 of that Act, reclamation license for public waters referred to in Article 28 of that Act, public notice of reclamation license referred to in Article 33 of that Act, consultation with the reclamation license agency or approval of the reclamation license agency referred to in Article 35 of that Act, and approval of the implementation plan for reclamation of public waters referred to in 38 of that Act;
6. Determination of urban or Gun management plans referred to in Article 30 of the National Land Planning and Utilization Act, permission to engage in development activities referred to in Article 56 of that Act, designation of implementers of urban or Gun planning facility projects referred to in Article 86 of that Act, authorization for implementation plans referred to in Article 88 of that Act, and public notice of an implementation plan referred to in Article 91 of that Act;
7. Consultation on permission, etc. of administrative agency referred to in Article 13 of the Protection of Military Bases and Installations Act;
8. Permission for, or consultation on, diversion of farmland referred to in Article 34 of the Farmland Act;
9. Permission for, or report on, the establishment of emission facilities referred to in 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;
10. Consultation with or approval of the road management agency referred to in Article 107 of the Road Act (only referring to those regarding the designation and public notice of road routes referred to in Article 19 of that Act, determination of road zones referred to in Article 25 of that Act, permission to implement road construction for persons other than the road management agency referred to in Article 36 of that Act, and permission to occupy roads referred to in Article 61(1) of that Act);
11. Permission to occupy urban parks referred to in Article 24 of the Act on Urban Parks and Green Areas;
12. Submission and review of statements of traffic impact assessment referred to in Article 16 of the Urban Traffic Improvement Promotion Act;
13. Approval of urban railroads project plan referred to in Article 7(1) of the Urban Railroad Act and license for urban railroads transport projects referred to in Article 26(1) of that Act;
14. Permission to fell, etc. in lands for erosion control referred to in Article 14 of the Erosion Control Work Act and cancellation of designation of lands for erosion referred to in Article 20 of that Act;
15. Permission for, or report on, felling, etc. of trees referred to in Article 36(1) and (5) of the Creation and Management of Forest Resources Act;
16. Designation of the implementer of Industrial complex development projects referred to in Article 16 of the Industrial Sites and Development Act and approval for implementation plans for national industrial complex development referred to in Article 17 of that Act;
17. Approval of, and report on, construction, etc. of factory referred to in Article 13 of the Industrial Cluster Development and Factory Establishment Act;
18. Permission to divert mountainous districts referred to in Article 14 of the Mountainous Districts Management Act and report on diversion of mountainous districts referred to in Article 15 of that Act;
19. Report on firefighting installation referred to in Article 13(1) of the Firefighting System Installation Business Act;
20. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Maintenance of Firefighting Systems;
21. Authorization for general waterworks business referred to in Article 17(1) of the Water Supply and Waterworks Installation Act and authorization for building private-use waterworks and private-use industrial waterworks referred to in Article 52 and 54 of that Act;
22. Permission to build factory, etc. referred to in Article 6(1) of the Act on the Safety Control of Hazardous Substances;
23. Consultation with a park management agency referred to in Article 71(1) of the Natural Parks Act (only referring to consultation on the permission for acts in park areas referred to in Article 23 of that Act);
23-2. Permission for reburials of unclaimed graves under Article 27(1) of the Act on Funeral Services;
24. Permission for, report or consultation on diversion of grassland referred to in Article 23 of the Grassland Act;
25. Approval for, or report on, the installation of waste treatment facilities referred to in Article 29(2) of the Wastes Control Act;
26. Permission to construct or maintain public sewerage referred to in Article 16 of the Sewerage Act, permission for occupation and use regarding the acts of occupation and use referred to in Article 24 of that Act, and report on establishment, etc. of private sewage treatment facilities referred to in Article 34(2) of that Act;
27. Consultation with, or approval of, the river management agency referred to in Article 6 of the River Act (only referring to those regarding the permission to implement river works referred to in Article 30 of that Act, permission to occupy and use rivers and public notice of permission for occupation and use referred to in Article 33 of that Act, and permission to use permits for river water referred to in Article 50 of that Act);
28. Permission for, or report on, the implementation and management of navigation aids under Article 9(6), 13, or 14 of the Navigational Aids Act;
29. Permission for the implementation of a harbor project under Article 9(2) of the Harbor Act and approval of the implementation plan for a harbor project under Article 10(2) of that Act.
(2) Where the Minister of Land, Infrastructure and Transport intends to formulate or approve the implementation plan pursuant to Article 7(1) or (3), if matters falling under any subparagraph of paragraph (1) are included in the implement plan, he or she shall, in advance, consult with the head of a relevant administrative agency on whether the implementation plan is appropriate for statutes under each subparagraph of paragraph (1).
(3) Except as provided in paragraphs (1) and (2), Article 24 through 26 of the Framework Act on Administrative Affairs shall apply mutatis mutandis to the standards for and effects of legal fiction, such as authorizations, permits, etc. <Amended on Jan. 9, 2024>