Article 29(Legal Fictions of Authorization and Permission) #
(1) Where a development project operator has obtained approval of an action plan or approval for the modification thereof under Article 28 (1), he or she shall be deemed to have obtained the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc.") for the matters for which the competent Mayor/Do Governor has a prior consultation with the head of the relevant administrative agency in charge of permission, etc., and where approval of the action plan is publicly notified under paragraph (5) of the same Article, the public notice or public announcement of permission, etc. under the following relevant statutes shall be deemed made: <Amended on Feb. 8, 2017; Jan. 29, 2020; Mar. 31, 2020; Jul. 20, 2021; Dec. 27, 2022; May 16, 2023>
1. Permission for the change of form and quality of land prescribed in Article 21-2 of the Grassland Act, and permission for the conversion of use of grassland prescribed in Article 23 of the same Act;
2. Permission for the conversion of use of mountainous districts and reporting on the conversion of use of mountainous districts prescribed in Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reporting on the temporary use of mountainous districts prescribed in Article 15-2 of the same Act, permission for the collection of earth and stone prescribed in Article 25 of the same Act, permission for and reporting on felling standing timber, etc. prescribed in Article 36 (1) and (5) of the Creation and Management of Forest Resources Act, permission for and reporting on acts in forest conservation zones (excluding forest genetic resources protection zones) prescribed in Article 9 (1) and paragraph (2) 1 and 2 of the same Article of the Forest Protection Act, and cancellation of designation of forest conservation zones prescribed in Article 11 (1) 1 of the same Act;
3. Change and cancellation of agricultural promotion areas, etc. prescribed in Article 31 of the Farmland Act, and permission for or consultation on the conversion of use of farmland prescribed in Article 34 of the same Act;
4. Approval for the use of agricultural infrastructure for purposes other than its purpose prescribed in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval of plans for rural tourism and resort complex development project prescribed in Article 82 (2) of the same Act;
5. Approval for the establishment, etc. of factories prescribed in Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;
6. Permission for the occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for implementation plans for occupancy or use (excluding predetermined land to be reclaimed for which a reclamation license is obtained) under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, public notice under Article 33 of the same Act, consultation on or approval for reclamation implemented by the State, etc. under Article 35 of the same Act, and approval for and public notice of implementation plans for reclamation of public waters under Article 38 of the same Act;
7. Authorization for the installation of public sewerage system (referring only to foul waste treatment facilities) under Article 11 of the Sewerage Act, permission for the construction of public sewerage system under Article 16 of the same Act, and permission for the occupancy of public sewerage system under Article 24 of the same Act;
8. Approval for or reporting on the installation of waste treatment facilities under Article 29 of the Wastes Control Act;
9. Authorization for general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act;
10. Authorization for or reporting on plans for works for setting up electric installations for private-use under Article 8 of the Electrical Safety Management Act;
11. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;
12. Approval of business plans under Article 15 of the Tourism Promotion Act, and approval for tourist destinations and tourism complexes development plans under Article 54 of the same Act;
13. Permission for the implementation of road works by persons who are not 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 from road management authorities under Article 107 of the same Act;
14. Determination of urban and Gun management plans under Article 30 of the National Land Planning and Utilization Act, public notice of topographic maps under Article 32 of the same Act, permission for the change of form and quality and the partition of land under Article 56 of the same Act, designation of urban and Gun planning facility project implementers under Article 86 of the same Act, and authorization for implementation plans under Article 88 of the same Act;
15. Permission for reburial of graves under Article 27 of the Act on Funeral Services, Etc.;
16. Permission for the implementation of harbor development projects under Article 9 (2) of the Harbor Act, and approval of harbor development project implementation plans under Article 10 (2) of the same Act;
17. Designation of urban development project implementers under Article 11 of the Urban Development Act, authorization for the establishment of associations under Article 13 of the same Act, and authorization for and public notice, etc. of implementation plans under Articles 17 and 18 of the same Act;
18. Approval for implementation plans for housing site development projects under Article 9 of the Housing Site Development Promotion Act;
19. Authorization for project implementation plans under Article 50 of the Act on the Improvement of Urban Areas and Residential Environments and under Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
20. Permission for building private roads under Article 4 of the Private Road Act;
21. Permission for felling trees, 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;
22. Approval for comprehensive plans for maintaining small rivers under Article 6 of the Small River Maintenance Act, permission for the maintenance of small rivers, etc. under Article 10 of the same Act, and permission for the occupancy and use of small rivers, etc. under Article 14 of the same Act;
23. Permission for the extraction of aggregate under Article 22 of the Aggregate Extraction Act;
24. Permission for the use of administrative property under Article 30 of the State Property Act;
25. Permission for the use and profit-making under Article 20 of the Public Property and Commodity Management Act;
26. Consultation on the appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
27. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
28. Approval for implementation plans for the development of a logistics complex under Article 28 of the Act on the Development and Management of Logistics Facilities;
29. Examination of publication of maps, etc. under Article 15 (4) of the Act on the Establishment, Management, etc. of Spatial Data, and reporting on the commencement, alteration, or completion of projects under Article 86 (1) of the same Act;
30. Deliberation of building committees under Article 4 of the Building Act, building permission under Article 11 of the same Act, permission for the construction and reporting on the construction of temporary buildings under Article 20 of the Building Act, and consultation on construction under Article 29 of the same Act;
31. Establishment registration of superstores under Article 8 of the Distribution Industry Development Act;
32. Designation of regional development project operators under Article 19 of the Regional Development Assistance Act, and approval for action plans under Article 23 of the same Act;
33. Approval of project plans in Article 15 of the Housing Act.
(2) Where a Mayor/Do Governor approves an action plan or approves the modification thereof under Article 28 (1), he or she shall consult with the heads of the relevant administrative agencies in advance if the action plan includes matters which fall under any of the subparagraphs of paragraph (1).
(3) Where it is considered to have obtained permission, etc. under other statutes pursuant to paragraph (1), fees imposed by the relevant statutes shall be exempted. <Amended on May 16, 2023>
(4) Except as provided in paragraphs (1) through (3), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of permission, etc. deemed granted. <Added on May 16, 2023>