Article 32(Legal Fiction of Relevant Authorization and Permission) #
(1) When the head of a Si/Gun, etc. (referring to the Minister of Land, Infrastructure and Transport, where a public institution, etc. formulates an implementation plan, etc. in accordance with Article 50 (2); hereafter the same shall apply in this Article) intends to prepares or modifies an implementation plan, or grants authorization or authorization for modification in accordance with Article 30, it shall be deemed that he or she has received authorization, permission, etc. for matters he or she has consulted with the head of a relevant administrative agency in accordance with paragraph (3) on any details of the relevant implementation plan relating to permission, approval, evaluation, authorization, report, license, registration, consultation, designation, rescission, disposition, etc. (hereinafter referred to as "authorization, permission, etc."), and where an implementation plan is publicly notified in accordance with Article 31, authorization, permission, etc. under relevant statutes shall be deemed publicly notified or announced. <Amended on Dec. 27, 2022>
1. Authorization for waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for the construction of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act;
2. Authorization for installation of public sewerage under Article 11 of the Sewerage Act, permission to perform public sewerage works under Article 16 of the same Act, and a permission to occupy and use public sewerage under Article 24 of the same Act;
3. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan for occupancy and use under Article 17 of that Act; a license to reclaim public waters under Article 28 of that Act; consultation on, or approval of, reclamation performed by the State, etc. under Article 35 of that Act; and approval of an implementation plan for reclamation of public waters under Article 38 of that Act;
4. Consultation with, or approval of, the river management agency under Article 6 of the River Act, permission to implement a river project under Article 30 of the same Act, and permission to occupy and use a river under Article 33 of the same Act;
5. Permission for a person other than a road management agency under Article 36 of the Road Act, to implement road works, permission to occupy and use a road under Article 61 of the same Act, and consultations with or approval from a road management agency under Article 107 of the same Act;
6. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
7. Change and cancellation of an agricultural promotion area, etc. under Article 31 of the Farmland Act, permission to divert farmland or consultation thereon under Article 34 of the same Act, reporting on diversion of farmland under Article 35 of the same Act, permission to temporarily use farmland for other purposes under Article 36 of the same Act, and approval for alteration of use of a farmland under Article 40 of the same Act;
8. Permission for or reporting on the conversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act, permission for or reporting on the temporary use of a mountainous district under Article 15-2 of that Act, permission for the collection of earth and stone under Article 25 of that Act, and permission for or reporting on the cutting of standing trees, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
9. Permission to change the form and quality of land under Article 21-2 of the Grassland Act, and permission to divert grassland under Article 23 of the same Act;
10. Permission to lumber, etc. under Article 14 of the Erosion Control Work Act and the cancellation of designation of land treated for erosion control area under Article 20 of the same Act;
11. Examination for publication of maps, etc., under Article 15 (3) of the Act on the Establishment and Management of Spatial Data and reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the same Act;
12. Disposition of denial of permission under Article 24 of the Mining Industry Act, and disposition of reduction of a mining area or disposition of revocation of a mining right under Article 34 of the same Act;
13. Permission to reinter an unclaimed grave under Article 27 of the Act on Funeral Services;
14. Permission under Article 11 of the Building Act, report under Article 14 of the same Act, revision to a permission or report under Article 16 of the same Act, building permission for, or reporting on construction of, temporary buildings under Article 20 of the same Act, and consultation about construction of a building under Article 29 of the same Act;
15. Approval of a project plan under Article 15 of the Housing Act;
16. Approving a housing construction project plan under Article 35 of the Special Act on Public Housing;
17. Permission for the construction of private roads under Article 4 of the Private Road Act;
18. Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act;
19. Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act;
20. Designation of a general logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities (only applicable to logistics cluster is developed as part of an industrial area improvement plan) and approval for an implementation plan for the development of a logistics cluster under Article 28 of the same Act;
21. Determination of an urban or Gun management plan (limited to subparagraph 4 (c) and (e) of Article 2 of the same Act) under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the same Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;
22. Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act;
23. Consultation on the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
24. Consultation with a management authority or approval therefrom under Article 5 of the Small River Maintenance Act, permission for the implementation of a small river project under Article 10 of the same Act, and permission for the occupancy and use of small rivers under Article 14 of the same Act;
25. Approval for, or reporting on, plans for works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act;
26. Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act;
27. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act;
28. Approval for establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
29. Approval of a master plan for public wastewater treatment facilities under Article 49 of the Water Environment Conservation Act;
30. Altering and canceling designation of a forestry promotion district under Article 20 of the Forestry and Mountain Villages Development Promotion Act.
(2) A person who intends to obtain deemed authorization, permission, etc. pursuant to paragraph (1) shall apply for authorization for an implementation plan, along with the relevant documents required under the relevant statutes.
(3) When the head of a Si/Gun, etc. prepares or authorizes an implementation plan, it shall, in advance, consult with the head of the relevant administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included in the implementation plan. In such cases, the head of the relevant administrative agency shall present his or her opinion within 30 days from the date of receipt of such request for consultation, and if 30 days have passed without any opinions presented, it shall be deemed to have no opinion.
(4) Where the head of a Si/Gun, etc. deems it necessary for coordinating different opinions of the relevant administrative agencies in the course of consultation under paragraph (3) or for holding such consultation expeditiously, it may organize and operate a council with the relevant administrative agencies, as prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall permit affiliated public officials to attend the meetings of the council.