Article 23(Legal fiction as authorization and permission) #
(1) When the implementer has publicly notified an implementation plan under Article 22(3) and (4), and if the implementer has had a prior consultation regarding the following permission, authorization, decision, license, consultation, consent, approval, report, cancellation, etc. (Hereafter in this article referred to as "authorization, permission") with the head of the relevant administrative agency having authority over the authorization, permission, etc., the relevant authorization, permission, etc., shall be deemed granted for the matters subject to the prior consultation, and the authorization, permission, etc. under each relevant Act shall be deemed publicly notified or announced: <Amended on Mar. 31, 2020; Nov. 30, 2021; Dec. 27, 2022; May 16, 2023>
1. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Management of Firefighting Systems, reporting on fire-fighting system installation under Article 13(1) of the Fire-Fighting System Installation Business Act, and permission for the installation of a manufactory, etc. under Article 6(1) of the Act on the Safety Control of Hazardous Substances;
2. Permission for use of agricultural infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act;
3. Permission to divert farmland under Article 34 of the Farmland Act;
4. Permission for lumbering standing trees, etc. in land for erosion control under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of the same Act;
5. Permission for and reporting on conversion of mountainous districts, permission for and reporting on temporary use of mountainous districts under Articles 14,15, and 15-2 of the Mountainous Districts Management Act, permission for collecting earth and stone under Article 25 of the same Act, permission for and reporting on felling standing timber, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act, permission for and reporting on activities in the forest conservation zone (excluding forest genetic resources protection zones) under Article 9 of the Forest Protection Act, and cancellation of designation of a forest conservation zone under Article 11(1)1 of the same Act;
6. Permission for altering the form and quality of land under Article 21-2 of the Grassland Act, and permission for, or reporting or consultations on, conversion of the use of grassland under Article 23 of the same Act;
7. Approval of commencement of a construction in the protected waters under Article 47(2) of the Fisheries Resources Management Act;
8. Authorization or reporting of constructions plans for electronic equipment for electric business under Article 61 of the Electric Utility Act, and authorization or reporting of plans for works for electric installations for private-use under Article 8 of the Electrical Safety Management Act;
9. Permission for development activities under Article 56 of the National Land Planning and Utilization Act, and designation of implementers of Si/Gun planning facility projects under Article 86 of the same Act, and authorization of implementation plans under Article 88 of the same Act;
10. Permission for installation of a facility or structure under Article 24 of the Sewerage Act;
11. Permission for road works by persons other than the 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, the road management authorities under Article 107 of the same Act;
12. Building permit to build a private road or others under Article 4 of the Private Road Act;
13. Occupancy or use permit of public waters under Article 8 of the Act for Management and Reclamation of Public Waters, consultations on, or approval of, occupancy or use of public waters under Article 10 of the same Act, authorization or reporting of an implementation plan for occupancy or use of public waters under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation on or approval of reclamation by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
14. Permission for maintenance works of small rivers under Article 10 of the Small River Maintenance Act;
15. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
16. Reburial permission of graves under Article 27(1) of the Act on Funeral Services, Etc.;
17. Consultation on permission, etc. by an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
18. Permission to occupy and use urban parks under Article 24 of the Act on Urban Parks, Green Areas, Etc.
(2) Where the implementer formulates or modifies an implementation plan that includes any of the above matters in paragraph (1), the implementer shall consult with the heads of related central administrative agencies in advance.
(3) Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction of authorization, permission, etc. <Added on May 16, 2023>