Article 10(Legal fiction of authorization or permission) #
(1) Where the Minister of National Defense has granted approval of an implementation plan or approval of modification thereto under Article 9(1), the following permission, authorization, designation, approval, consultation, reporting, cancellation, decision, determination, consent, formulation, modification, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, made, or obtained, and where approval of an implementation plan is publicly notified pursuant to that paragraph, authorization, permission, etc. under the following Acts shall be deemed publicly notified or announced; provided, subparagraph 16 shall be limited to national defense and military installations projects defined in subparagraph 1a through e of Article 2 of the Act on National Defense and Military Installations Projects:
1. Permission to occupy or use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, and approval for, or reporting on an implementation plan for occupation or use under Article 17 of that Act, or a license to reclaim public waters prescribed in Article 28 of that Act, and approval for a public water reclamation implementation plan prescribed in Article 38 of that Act;
2. Permission for the implementation of development projects under Article 6(2) of the Airport Facilities Act and approval of the implementation plan under Article 7(3) of that Act;
3. Permission for any development activity prescribed in Article 56 of the National Land Planning and Utilization Act;
4. Permission for, consultation on diversion of farmland under Article 34 of the Farmland Act and permission for or temporarily using farmland for other purposes under Article 36 of that Act;
5. Permission for, and reporting on, installation of emission facilities under Article 23 of the Clean Air Conservation Act;
6. Permission to execute road works prescribed in Article 36 of the Road Act; or permission to occupy and use a road prescribed in Article 61 of that Act;
7. Permission for, and reporting on, installation of discharging facilities under Article 33 of the Water Environment Conservation Act;
8. Permission to build private roads under Article 4 of the Private Road Act;
9. Permission to fell, etc. in lands for erosion control referred to in Article 14 of the Erosion Control Work Act and cancellation of designation of lands for erosion referred to in Article 20 of that Act;
10. Permission for and reporting on activities within forest conservation zones under Article 9(2) of the Forest Protection Act and cancellation of designation of forest conservation zones under Article 11 of that Act;
11. Permission for, or report on, felling, etc. of trees referred to in Article 36 of the Creation and Management of Forest Resources Act;
12. Change and cancellation of preserved mountainous districts under Article 6 of the Mountainous Districts Management Act, permission for diversion of mountainous districts under Article 14 of that Act, and permission for or reporting on temporary use of mountainous districts under Article 15-2 of that Act;
13. Permission for, and reporting on, installation of discharging facilities under Article 8 of the Noise and Vibration Control Act;
14. Permission to occupy and use small rivers under Article 14 of the Small River Maintenance Act;
15. Authorization to install private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act;
16. Permission for acts in park areas under Article 23 of the Natural Parks Act;
17. Permission for reburials of graves under Article 27 of the Act on Funeral Services;
18. Approval or reporting of plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
19. Permission for diversion of grassland prescribed in Article 23 of the Grassland Act;
20. Approval for or reporting on installation of a wastes disposal facility prescribed in Article 29 of the Wastes Control Act;
21. Permission for works for public sewerage system under Article 16 of the Sewerage Act; permission for occupation of public sewerage systems under Article 24 of that Act; or report on installation of a private sewage treatment facility under Article 34(2) of that Act;
22. Permission to occupy and use rivers under Article 33 of the River Act.
(2) Where the Minister of Land, Infrastructure and Transport formulates or approves the modification of the implementation plan pursuant to Article 9(2), it shall be deemed that the following approval, permission, authorization, determination, designation, license, consultation, agreement, deliberation or cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") has been made; and where the Minister of Land, Infrastructure and Transport publicly notifies the formulation or approval of the implementation plan pursuant to that Article, it shall be deemed that the public notification or public announcement of authorization, permission, etc., under the following statutes has been made:
1. Deliberation by the Construction Technology Deliberative Committee under Article 5 of the Construction Technology Promotion Act;
2. Deliberation by the Building Committee under Article 4 of the Building Act, building permits under Article 11 of that Act, building reports under Article 14 of that Act, permits and reports on change of use under Article 19 of that Act, permission to construct temporary structures under Article 20(1) of that Act, and reports under paragraph (3) of that Article, and consultation with the permitting authority under Article 29 of that Act;
3. Approval of the implementation plan referred to in Article 9 of the Special Act on Designation and Management of Free Economic Zones;
4. Permission to extract aggregate referred to in Article 22 of the Aggregate Extraction Act;
5. Permission to occupy or use public waters and public notice of permission to occupy or use public waters referred to in Article 8 of the Public Waters Management and Reclamation Act, approval of or report on an implementation plan for occupancy or use of public waters referred to in Article 17 of that Act, reclamation license for public waters referred to in Article 28 of that Act, public notice of reclamation license referred to in Article 33 of that Act, consultation with the reclamation license agency or approval of such agency referred to in Article 35 of that Act, and approval of the implementation plan for reclamation of public waters referred to in 38 of that Act;
6. Determination of urban or Gun management plans referred to in Article 30 of the National Land Planning and Utilization Act, permission to engage in development activities referred to in Article 56 of that Act, designation of implementers of urban or Gun planning facility projects referred to in Article 86 of that Act, authorization for implementation plans referred to in Article 88 of that Act, and public notice of an implementation plan referred to in Article 91 of that Act;
7. Consultation on permission, etc. of an administrative agency referred to in Article 13 of the Protection of Military Bases and Installations Act;
8. Permission for or consultation about conversion of farmland under Article 34 of the Farmland Act;
9. Permission for, or report on, the establishment of emission facilities referred to in 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;
10. Consultation with or approval of the road management agency referred to in Article 107 of the Road Act (only referring to those regarding the designation and public notice of road routes referred to in Article 19 of that Act, determination of road zones referred to in Article 25 of that Act, permission to implement road construction for persons other than the road management agency referred to in Article 36 of that Act, and permission to occupy roads referred to in Article 61(1) of that Act);
11. Permission to occupy urban parks referred to in Article 24 of the Act on Urban Parks and Green Areas;
12. Submission and review of statements of traffic impact assessment referred to in Article 16 of the Urban Traffic Improvement Promotion Act;
13. Approval of urban railroads project plan referred to in Article 7 (1) of the Urban Railroad Act and license for urban railroads transport projects referred to in Article 26(1) of that Act;
14. A permit to cut trees or perform other activities on land treated for erosion or collapse control under Article 14 of the Erosion Control Work Act, or cancellation of designation of land treated for erosion or collapse control under Article 20 of that Act;
15. Cancellation of designation of forest conservation zones under Article 11 of the Forest Protection Act;
16. Permission for, or report on, felling, etc. of trees referred to in Article 36(1) and (5) of the Creation and Management of Forest Resources Act;
17. Designation of the implementer of industrial complex development projects referred to in Article 16 of the Industrial Sites and Development Act and approval for implementation plans for national industrial complex development referred to in Article 17 of that Act;
18. Approval of, and report on, construction, etc. of a factory referred to in Article 13 of the Industrial Cluster Development and Factory Establishment Act;
19. Change or cancellation of preserved mountainous districts under Article 6 of the Mountainous Districts Management Act, cancellation of designation of restricted areas for diversion or temporary use of mountainous districts under Article 11 of that Act, permission for diversion of mountainous districts under Article 14 of that Act, and reporting on diversion of mountainous districts under Article 15 of that Act;
20. Report on firefighting installation referred to in Article 13(1) of the Firefighting System Installation Business Act;
21. Consent to building permission, etc. under Article 6(1) of the Act on Installation and Maintenance of Firefighting Systems;
22. Authorization for general waterworks business referred to in Article 17(1) of the Water Supply and Waterworks Installation Act and authorization for building private-use waterworks and private-use industrial waterworks referred to in Article 52 and 54 of that Act;
23. Permission to build factory, etc. referred to in Article 6(1) of the Act on the Safety Control of Hazardous Substances;
24. Consultation with a park management agency referred to in Article 71(1) of the Natural Parks Act (only referring to consultation on the permission for acts in park areas referred to in Article 23 of that Act);
25. Permission for reburials of unclaimed graves under Article 27(1) of the Act on Funeral Services;
26. Permission for, report of, or consultation on the diversion of grassland under Article 23 of the Grassland Act;
27. Approval for, or report on, the installation of waste treatment facilities referred to in Article 29(2) of the Wastes Control Act;
28. Permission to construct or maintain public sewerage referred to in Article 16 of the Sewerage Act, permission for occupation and use regarding the acts of occupation and use referred to in Article 24 of that Act, and report on establishment, etc. of private sewage treatment facilities referred to in Article 34(2) of that Act;
29. Consultation with, or approval of, the river management agency referred to in Article 6 of the River Act (only referring to those regarding the permission to implement river works referred to in Article 30 of that Act, permission to occupy and use rivers and public notice of permission for occupation and use referred to in Article 33 of that Act, and permission to use permits for river water referred to in Article 50 of that Act).
(3) Articles 24 through 26 of the Framework Act on Administration shall apply to the effects, procedures, etc. of authorization, permission, etc. and the legal fiction of authorization, permission, etc. under paragraphs (1) and (2).