Article 41(Deemed authorization and permission) #
(1) Where the Governor has approved an implementation plan or has approved the modification thereof pursuant to Article 40 (1), matters on which he or she has consulted with the head of the relevant administrative agency under paragraph (3) with regard to the following approval, permission, authorization, designation, determination, reporting, consultation, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have obtained the relevant authorization, permission, etc., and where the approval of an implementation plan or the approval of the modification thereof is publicly notified, the relevant authorization, permission, etc. shall be deemed to have been publicly notified or announced:
1. Building permission under Article 11 of the Building Act, notification of building construction under Article 14 of that Act, change to matters permitted and reported under Article 16 of that Act, permission and reporting on temporary buildings under Article 20 of that Act, and building consultation under Article 29 of that Act;
2. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
3. Change or repeal of use of public property under Article 11 of the Public Property and Commodity Management Act and permission for use and profit under Article 20 of that Act;
4. Approval of a tourist accommodation business plan under Article 15 (1) of the Tourism Promotion Act, permission, cancellation or reporting, etc. under each subparagraph of Article 16 (1) of that Act, and approval of a plan to develop a tourist destination or a tourism complex under Article 54 of that Act;
5. Decision on an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (only applicable to the infrastructures prescribed by Presidential Decree among the planning under subparagraph 4 (c) of Article 2 of that Act and the district unit planning zone and district unit planning under Article 51 (3) of that Act), approval of the topographic drawing under Article 32 (2) of that Act, decision on an urban/Gun management plan for the areas, other than the urban area, among the specific-use areas under Article 36 (1) of that Act, designation of a development promotion district under Article 37 (1) 7 of that Act, permission to engage in development acts under Article 56 of that Act, designation of an implementer of an urban/Gun planning facility project under Article 86 of that Act, and authorization of an implementation plan under Article 88 of that Act;
6. Cancellation of a dairy zone designated under Article 4 (1) of the Dairy Promotion Act;
7. Cancellation of an agricultural promotion area or a specific-use area under Article 31 of the Farmland Act, permission to divert farmland and consultation under Article 34 of that Act, reports on diversion of farmland under Article 35 of that Act, and permission and consultation to temporarily use farmland for other purposes under Article 36 of that Act, and approval of alteration of use under Article 40 of that Act;
8. Permission for and reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;
9. Permission to perform road works by a person other than the road management authority under Article 36 of the Road Act, permission to occupy and use a road under Article 61 of that Act, and consultation with or approval of the road management authority under Article 107 of that Act;
10. Advance consultation for development activities under Article 8 of the Baekdu-Daegan Protection Act;
11. Permission for lumbering, etc. under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of that Act;
12. Permission for and reporting on activities within forest conservation zones under Article 9 of the Forest Protection Act and cancellation of designation of forest conservation zones under Article 11 of that Act;
13. Permission for and reporting on felling standing timber, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
14. Permission for conversion of mountainous districts under Article 14 of the Mountainous Districts Management Act, reporting on conversion of mountainous districts under Article 15 of that Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of that Act, and permission for collecting earth or stone under Article 25 of that Act;
15. Formulation of action plans for maintaining small rivers under Article 8 of the Small River Maintenance Act, permission for implementation of small river works under Article 10 of that Act, and permission for or reporting on occupancy and use of small rivers, etc. under Article 14 of that Act;
16. Authorization for general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for private-use waterworks under Article 52 of that Act;
17. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
18. Revision or cancellation of designation of forestry promotion zones under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
19. Permission for reburial under Article 27 (1) of the Act on Funeral Services;
20. Authorization for or reporting on plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
21. Consultation on appropriateness of integrated energy supply under Article 4 of the Integrated Energy Supply Act;
22. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;
23. Permission to convert the use of grassland under Article 23 of the Grassland Act;
24. Approval of or reporting on the installation of waste treatment facilities under Article 29 (2) of the Wastes Control Act;
25. Authorization for the installation of a public sewerage system under Article 11 of the Sewage Act, permission to execute public sewerage system works under Article 16 of that Act, and permission to occupy and use a public sewerage system under Article 24 of that Act;
26. Permission to execute river works under Article 30 of the River Act, permission to occupy and use rivers under Article 33 of that Act, and permission to use river water under Article 50 of that Act.
(2) A project implementer who intends to obtain deemed authorization, permission, etc. under paragraph (1) shall submit the relevant documents prescribed by the relevant statutes when applying for approval of the implementation plan or approval of the modification thereof.
(3) Where the Governor intends to approve an implementation plan or approve the modification thereof, he or she shall consult in advance with the head of the relevant administrative agency on any matter falling under paragraph (1), and where the Governor has approved the implementation plan or approved the modification thereof, he or she shall notify the details to the head of the relevant administrative agency without delay.
(4) Where the Governor intends to approve an implementation plan or approve the modification thereof, he or she may hold a consultative council on deemed authorization and permission in which the relevant administrative agencies participate to handle authorization, permission, etc.
(5) The composition, function, operation of a consultative council on deemed authorization and permission under paragraph (4) and other necessary matters shall be prescribed by Provincial Ordinance.
(6) Where authorization, permission, etc. under other statutes are deemed to have been granted under paragraph (1), license tax, fees, etc. imposed under the relevant statutes shall be exempted.
(7) Except as provided in paragraphs (1) through (5), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to standards for and effects of deemed authorization, permission, etc.