Article 19(Authorization and Permission Deemed Granted) #
(1) Where the Minister of Oceans and Fisheries has publicly notified approval of an implementation plan or approval of amendment thereto pursuant to Article 17, the following authorization, permission, determination, licenses, consultation, consent, approval, reports, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed obtained, made, or held concerning matters on which he or she has consulted with the heads of relevant administrative agencies pursuant to paragraph (2); and authorization, permission, etc. under any of the following statutes shall be deemed publicly notified or announced: <Amended on Mar. 31, 2020>
1. Building permission under Article 11 of the Building Act; reporting on building construction under Article 14 of that Act; modification to matters permitted or reported under Article 16 of that Act; permission for and reporting on temporary buildings under Article 20 of that Act; or consultation on building construction under Article 29 of that Act;
2. Approval for an implementation plan for developing free economic zones formulated under Article 9 of the Special Act on Designation and Management of Free Economic Zones;
3. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
4. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan to occupy or use public waters under Article 17 of that Act; a reclamation license of public waters referred to in Article 28 of that Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of that Act; or approval of an implementation plan for reclamation of public waters under Article 38 of that Act;
5. Approval of a business plan under Article 15 of the Tourism Promotion Act;
6. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; permission to change the form and quality of land or to partition land under Article 56 of that Act; designation of an implementer of an urban or Gun planning facility project under Article 86 of that Act; or authorization for an implementation plan for an urban or Gun planning facility project under Article 88 of that Act;
7. Permission to use agricultural infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act; or approval of a business plan for a rural tourism and resort complex under Article 82 (2) of that Act;
8. Permission to divert farmland or consultation on farmland diversion under Article 34 of the Farmland Act;
9. Consultation with, or approval from, the competent road management authority under Article 107 of the Road Act (applicable only to designation and public notice of a road route prescribed under Article 19 of that Act; determination of a road zone under Article 25 of that Act; permission to perform road works for a person other than a road management authority under Article 36 of that Act; and permission to occupy and use roads under Article 61 of that Act);
10. Designation of an urban development zone under Article 3 of the Urban Development Act; formulation of an urban development project plan under Article 4 of that Act; designation of the implementer of an urban development project under Article 11 of that Act; or authorization for an implementation plan under Article 17 of that Act;
11. Permission to fell trees or bamboos or to collect soil, stone, tree roots, grass roots, etc. under Article 14 of the Erosion Control Work Act; or cancellation of the designation of land for erosion control under Article 20 of that Act;
12. Permission to perform, or reporting on, activities in a forest conservation zone (excluding forest genetic resources protection zones) referred to in Article 9 (1) or (2) 1 or 2 of that Article of the Forest Protection Act;
13. Permission to fell standing timber, etc. or reporting on timber felling, etc. under Article 36 (1) or (4) of the Creation and Management of Forest Resources Act;
14. Approval of an implementation plan for developing a national industrial complex under Article 17 of the Industrial Sites and Development Act; approval of an implementation plan for developing a general industrial complex under Article 18 of that Act; approval of an implementation plan for developing an urban high-tech industrial complex under Article 18-2 of that Act; or approval of an implementation plan for developing an agricultural and industrial complex under Article 19 of that Act;
15. Approval for the establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act; permission to construct a factory under Article 14 of that Act; approval for the use of a factory building under Article 14-2 of that Act; approval for the installation of manufacturing facilities under Article 14-3 of that Act; or approval for the establishment of a knowledge industry center under Article 28-2 of that Act;
16. Permission to convert a mountainous district under Article 14 of the Mountainous Districts Management Act; reporting on conversion of a mountainous district under Article 15 of that Act; and permission to temporarily use a mountainous district or reporting on the temporary use thereof under Article 15-2 of that Act;
17. Reporting on the installation of a fire-fighting system under Article 13 (1) of the Firefighting System Installation Business Act;
18. Permission to maintain a small river, etc. under Article 10 of the Small River Maintenance Act;
19. Authorization for a general waterworks business under Article 17 (1) of the Water Supply and Waterworks Installation Act; authorization for an industrial waterworks business under Article 49 of that Act; authorization for the installation of private-use waterworks under Article 52 of that Act; or authorization for the installation of private-use industrial waterworks under Article 52 of that Act, which is applicable mutatis mutandis pursuant to Article 54 of that Act;
20. Approval for the implementation of construction works on protected waters under Article 47 of the Fishery Resources Management Act;
21. Permission to build a factory, etc. under Article 6 (1) of the Act on the Safety Control of Hazardous Substances;
22. Consultation with a park management agency under Article 71 of the Natural Parks Act;
23. Authorization for, or reporting on, a plan for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
24. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
25. Approval of an implementation plan for a housing site development project under Article 9 of the Housing Site Development Promotion Act;
26. Permission to perform public sewerage system works under Article 16 of the Sewerage Act or permission to occupy and use a public sewerage system under Article 24 of that Act;
27. Permission to perform river works or authorization for a river works execution plan under Article 30 of the River Act, or permission to occupy and use a river under Article 33 of that Act;
28. Consent to building permission, etc. under Article 7 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems.
(2) Where the Minister of Oceans and Fisheries intends to approve an implementation plan or approve amendment thereto pursuant to Article 17, he or she shall pre-consult with the heads of relevant administrative agencies, if the implementation plan includes matters specified in the subparagraphs of paragraph (1). In such cases, the head of a relevant central administrative agency shall submit his or her opinion within 20 days after receipt of a request for consultation; and where the head of the relevant administrative agency fails to submit his or her opinion within such period, consultation shall be deemed held:
(3) Notwithstanding paragraph (2), the Minister of Oceans and Fisheries may approve an implementation plan or approve amendment thereto before completing consultation with the head of a relevant administrative agency, if necessary. In such cases, no authorization, permission, etc. under paragraph (1) shall be deemed granted until such consultation is complete.
(4) Where a project developer intends to obtain constructive authorization, permission, etc. under paragraph (1), he or she shall also submit relevant documents prescribed by relevant statutes, when applying for approval of an implementation plan or amendment thereto.