Article 14(Legal fiction of authorization or permission granted pursuant to other statutes) #
(1) Where the Minister of Climate, Energy and Environment has publicly notified an installation plan for hydrological investigation facilities or any amendment to such plan in accordance with Article 13(3) and (4), any matter on which the Minister of Climate, Energy and Environment has consulted with the head of a relevant administrative agency in accordance with paragraph (2) regarding permission, authorization, license, approval, determination, cancellation, deliberation, reporting, consultation, disposition, etc. (hereafter in this Article referred to as "authorization or permission") referred to in any of the following shall be deemed to have been authorized or permitted and publicly notified or publicly announced: <Amended on Jun. 8, 2018; Dec. 24, 2018; Dec. 27, 2022; Aug. 8, 2023; Sep. 14, 2023; Oct. 1, 2025>
1. Deliberation by the Building Committee pursuant to Article 4 of the Building Act; building permission pursuant to Article 11 of that Act; a building report pursuant to Article 14 of that Act, building permission for temporary structures pursuant to Article 20(1) of that Act; and building consultations pursuant to Article 29 of that Act;
2. Permission to extract aggregate pursuant to Article 22 of the Aggregate Extraction Act;
3. Permission to occupy or use public waters pursuant to Article 8 of the Public Waters Management and Reclamation Act; consultation or approval pursuant to Article 10 of that Act; authorization of an implementation plan for occupancy or use pursuant to Article 17 of that Act; a license to reclaim public waters pursuant to Article 28 of that Act; consultation on or approval for reclamation executed by the State, etc. pursuant to Article 35 of that Act; and approval of an implementation plan for reclaiming public waters pursuant to Article 38 of that Act;
4. Determining an urban/Gun management plan pursuant to Article 30 of the National Land Planning and Utilization Act (limited to the infrastructure defined in subparagraph 6 of Article 2 of that Act); permission to engage in development activities pursuant to Article 56 of that Act; designation of an implementer of an urban or Gun planning facility project pursuant to Article 86 of that Act; and authorization of an implementation plan pursuant to Article 88 of that Act;
5. Permission to access a controlled protection zone, etc. pursuant to Article 9(1)1 of the Protection of Military Bases and Installations Act; and consultation on permission, etc. by an administrative agency pursuant to Article 13 of that Act;
6. Permission to change land shape and quality, or to conduct other activities pursuant to Article 111 of the Rearrangement of Agricultural and Fishing Villages Act;
7. Permission for or consultation on farmland conversion pursuant to Article 34 of the Farmland Act; and permission to temporarily use farmland pursuant to Article 36 of that Act;
8. Determining road zones pursuant to Article 25 of the Road Act, permission to execute roadwork by a person, other than the road management agency pursuant to Article 36 of that Act; permission to occupy and use roads pursuant to Article 61 of that Act; and consultation with or approval from the road management agency pursuant to Article 107 of that Act;
9. Permission to occupy and use urban parks pursuant to Article 24 of the Act on Urban Parks and Green Areas, permission to engage in activities within urban natural park areas pursuant to Article 27 of that Act; and permission to occupy and use green areas pursuant to Article 38 of that Act;
10. Reporting on any change in the current state of the State-registered cultural heritage under Article 17 of the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage;
11. Permission to build private roads pursuant to Article 4 of the Private Road Act;
12. Permission for lumbering, etc. pursuant to Article 14 of the Erosion Control Work Act, and cancellation of designation as land for erosion control pursuant to Article 20 of that Act;
13. Permission for and reporting on activities within a forest conservation zone (excluding any conservation zone for forest gene resources) pursuant to Article 9(1) and (2)1 and 2 of the Forest Protection Act; and cancellation of designation as a forest conservation zone pursuant to Article 11(1)1 of that Act;
14. Permission for and reporting on felling standing timber, etc. pursuant to Article 36(1) and (5) of the Creation and Management of Forest Resources Act;
15. Permission for and reporting on the conversion of mountainous districts pursuant to Article 14 and 15 of the Mountainous Districts Management Act; permission for and reporting on the temporary use of mountainous districts pursuant to Article 15-2 of that Act; and permission for collecting earth and stones (limited to building stones) pursuant to Article 25 of that Act;
16. Authorization for private-use waterworks pursuant to Article 52 of the Water Supply and Waterworks Installation Act; and authorization for private-use industrial waterworks pursuant to Article 54 of that Act;
17. Permission to engage in activities within park areas pursuant to Article 23(1) of the Natural Parks Act;
18. Permission to relocate graves pursuant to Article 27(1) of the Act on Funeral Services;
19. Permission to develop and utilize groundwater pursuant to Article 7 of the Groundwater Act;
20. Permission for or reporting or consultation on conversion of the use of grassland pursuant to Article 23 of the Grassland Act;
21. Permission to execute public sewerage works pursuant to Article 16 of the Sewerage Act; and permission to occupy and use public sewers pursuant to Article 24 of that Act;
22. Consultation on or approval for matters subject to permission by the river management agency pursuant to Article 6 of the River Act; permission to execute river works pursuant to Article 30 of that Act; permission to occupy and use rivers pursuant to Article 33 of that Act; and permission to use river water pursuant to Article 50 of that Act.
(2) Where the Minister of Climate, Energy and Environment intends to formulate an installation plan for hydrological investigation facilities in accordance with Article 13(2), the Minister shall have prior consultation with the heads of relevant administrative agencies if the plan includes any matters under each subparagraph of paragraph (1). <Amended on Jun. 8, 2018; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment has publicly notified the completion of hydrological investigation facilities in accordance with Article 13(5), the matters on which the Minister of Climate, Energy and Environment has consulted with the heads of relevant administrative agencies in accordance with paragraph (4) in connection with inspection of work completion and authorization for work completion following the authorization or permission that is deemed to have been granted in accordance with paragraph (1) shall be deemed to have been publicly notified and the completed work deemed to have been inspected and authorized. <Amended on Jun. 8, 2018; Oct. 1, 2025>
(4) Where matters subject to inspection of work completion and authorization for work completion following authorization or permission that is deemed to have been granted in accordance with paragraph (1) exist in completing the works under Article 13(5), the Minister of Climate, Energy and Environment shall have prior consultation with the heads of relevant administrative agencies. <Amended on Jun. 8, 2018; Oct. 1, 2025>
(5) Except as provided in paragraphs (1) and (4), Articles 24 through 26 of the Framework Act on the Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction of authorization, permission, etc. <Added on Jan. 30, 2024>