Article 18(Authorization and Permission Deemed Granted) #
(1) Where approval of an implementation plan or amendment thereto has been granted under Article 17, the following approval, permission, authorization, determination, report, consultation, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, filed, or held regarding the implementation plan or amendment thereto; and where an implementation plan has been publicly notified under Article 17 (3), public notice or public announcement of authorization, permission, etc. under relevant statutes shall be deemed given or made: <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. Reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the Act on the Establishment and Management of Spatial Data;
3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; consultation or approval under Article 10 of that 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; public notice of a reclamation license under Article 33 of that Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of that Act; or approval and public notice of an implementation plan for reclamation of public waters under Article 38 of that Act;
4. Abolition of the use of administrative property under Article 11 of the Public Property and Commodity Management Act; or permission to use or profit under Article 20 of that Act;
5. Designation of a tourist destination or tourism complex under Article 52 of the Tourism Promotion Act; approval of a development plan for a tourist destination or tourism complex under Article 54 of that Act; or permission to execute a development project under Article 55 of that Act;
6. Permission to use State property under Article 30 of the State Property Act; or abolition of the use of administrative property under Article 40 of that Act;
7. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to facilities defined in subparagraph 6 of Article 2 of that Act); permission to engage in development activities 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 formulation of and authorization for an implementation plan under Article 88 of that Act;
8. Change or cancellation of an agricultural promotion area under Article 31 of the Farmland Act; or permission to divert farmland or consultation under Article 34 of that Act;
9. Permission to install emission facilities or reporting on such facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, or Article 8 of the Noise and Vibration Control Act;
10. Permission to perform road works under Article 36 of the Road Act; permission to occupy and use roads under Article 61 of that Act; or consultation with, or approval from, the competent road management authority under Article 107 of that Act;
11. Designation of an implementer under Article 11 of the Urban Development Act; formulation of, and authorization for, an implementation plan under Article 17 of that Act; submission of a supply plan for developed land, etc. under Article 26 of that Act; permission to use developed land, etc. prior to completion under Article 53 of that Act; or permission to enter a third person’s land under Article 64 (2) of that Act;
12. Permission for a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions;
13. Building permit for a private road under Article 4 of the Private Road Act;
14. Permission to fell trees, 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;
15. 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; permission to perform, or reporting on, activities in a forest conservation zone referred to in Article 9 (2) 1 or 2 of the Forest Protection Act; or cancellation of designation of a forest conservation zone under Article 11 (1) 1 of that Act: Provided, That this shall not apply to forests for collecting seeds and experimental forests prescribed in the Creation and Management of Forest Resources Act and forest genetic resources protection zones designated under the Forest Protection 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; or permission for, or reporting on, temporary use of a mountainous district under Article 15-2 of that Act;
17. Formulation and approval of a comprehensive plan for maintaining small rivers under Article 6 of the Small River Maintenance Act; formulation of an action plan for maintaining small rivers under Article 8 of that Act; permission to maintain a small river, etc. under Article 10 of that Act; or permission for, or reporting on, occupancy, use, etc. of a small river, etc. under Article 14 of that Act;
18. Authorization for a waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act; or authorization for the installation of private-use waterworks under Article 52 of that Act;
19. Permission to implement a fishery harbor development project under Article 23 of the Fishing Villages and Fishery Harbors Act;
20. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
21. Revision or revocation of designation of a forestry promotion zone under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
22. Permission to perform acts under Article 23 of the Natural Parks Act;
23. Consultation on disaster impact assessment for a development project under Article 4 of the Countermeasures against Natural Disasters Act;
24. Permission for reburial under Article 27 (1) of the Act on Funeral Services;
25. 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;
26. Permission to alter the form and quality of land, etc. under Article 21-2 of the Grassland Act; or permission to convert the use of grassland under Article 23 of that Act;
27. Approval for, or reporting on, the installation of waste treatment facilities under Article 29 of the Wastes Control Act;
28. 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;
29. Permission to implement a harbor development project under Article 9 (2) of the Harbor Act; or approval of an implementation plan for a harbor development project under Article 10 (2) of that Act;
30. Authorization for an implementation plan under Article 16 of the Development and Management of Deep Sea Water Act; or permission for, or reporting on, manufacturing deep sea drinking water under Article 27 of that Act.
(2) A person who intends to obtain constructive authorization, permission, etc. shall submit relevant documents prescribed by the relevant statute when applying for approval of an implementation plan.
(3) Where the Minister of Oceans and Fisheries intends to approve an implementation plan containing matters specified in the subparagraphs of paragraph (1), he or she shall pre-consult with the heads of relevant administrative agencies on such plan, including relevant documents submitted by the relevant project implementer. In such cases, the heads of the relevant administrative agencies shall present their opinions within 30 days after receipt of a request for consultation, unless there is a compelling reason not to do so.
(4) Where authorization, permission, etc. under other statutes are deemed obtained under paragraph (1), an exemption from license tax, fees, usage fees, etc. imposed under relevant statues and regulations shall be granted.