Article 15(Legal fiction as authorization or permission) #
(1) Where a project operator (excluding those referred to in subparagraphs 1 and 2 of Article 13) has obtained approval (including approval for modification) of a project implementation plan pursuant to Article 14 (1) and (2), or where a project operator referred to in subparagraphs 1 and 2 of Article 13 has formulated and publicly announced a project implementation plan pursuant to Article 14 (8), such project operator shall be deemed to have obtained permission, authorization, designation, approval, consultation, reporting, decision, etc. (hereinafter referred to as "authorization or permission") with respect to the matters consulted by the project approval authority with the heads of relevant administrative agencies under paragraph (3), and the public announcement of the project implementation plan under Article 14 (5) and (8) shall be deemed to constitute the public notification or announcement of such authorization or permission under the following statutes or regulations:
1. Permission to install discharge facilities under Article 11 of the Act on the Management and Use of Livestock Excreta;
2. Building permission under Article 11 of the Building Act, building reporting under Article 14 of that Act, modification of permitted or reported matters under Article 16 of that Act, permission for or reporting of temporary buildings under Article 20 of that Act, and building consultation under Article 29 of that Act;
3. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act;
4. Reporting on the commencement, modification, or completion of a project under Article 86 of the Act on the Establishment and Management of Spatial Information;
5. Permission for the occupation or use of public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of implementation plans for such occupation or use under Article 17 of that Act (excluding areas designated for reclamation under reclamation licenses), reclamation licenses under Article 28 of that Act, consultation or approval of reclamation implemented by the State under Article 35 of that Act, and approval of implementation plans for public water reclamation under Article 38 of that Act;
6. Permission for use or profit from public property under Article 20 of the Public Property and Commodity Management Act;
7. Approval of a project plan under Article 15 of the Tourism Promotion Act, designation of tourist destinations, etc. under Article 52 of that Act, approval of a development plan of tourist destinations etc. under Article 54 of that Act, and permission to implement a development project under Article 55 of that Act;
8. Decision on urban or Gun management plans (limited to subparagraph 4 d. and e. of Article 2) under Article 30 of the National Land Planning and Utilization Act, permission to divide or regrade land under Article 56 of that Act, designation of project operators for urban or Gun planning facility projects under Article 86 of that Act, and approval of implementation plans under Article 88 of that Act;
9. Permission for the use or profit from administrative property under Article 30 of the State Property Act;
10. Permission for road improvement by a person other than the head of a Gun under Article 5 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, designation of road routes under Article 9 of that Act, and permission for road occupation under Article 18 of that Act;
11. Permission to use agricultural production infrastructure under Article 23 of the Agricultural and Fishing Villages Improvement Act and approval of development plans for rural tourism and recreation complexes under Article 82 of that Act;
12. Permission or consultation on conversion of farmland under Article 34 of the Farmland Act, reporting on such conversion under Article 35 of that Act, and permission or consultation on temporary use of farmland for other purposes under Article 36 of that Act;
13. Determination of road zones under Article 25 of the Road Act, permission to implement road construction under Article 36 of that Act, and permission for road occupation under Article 61 of that Act;
14. Designation of project operators for urban development projects under Article 11 of the Urban Development Act, authorization of establishment of associations under Article 13 of that Act, and approval of implementation plans under Article 17 of that Act;
15. Approval of project implementation plans under Article 50 of the Act on the Improvement of Urban Areas and Residential Environments and Article 29 of the Act on Special Cases concerning Unoccupied Houses and Small-Scale Housing Improvement;
16. Designation of developers for logistics complex development projects under Article 27 of the Act on the Development and Management of Logistics Facilities and approval of development implementation plans for logistics complexes under Article 28 of that Act;
17. Prior consultation for development activities under Article 8 of the Baekdu-Daegan Protection Act;
18. Permission to build private roads under Article 4 of the Private Road Act;
19. Permission for felling and other activities under Article 14 of the Erosion Control Work Act and cancellation of designation of erosion control areas under Article 20 of that Act;
20. Permission or reporting for activities in forest protection zones (excluding forest genetic resource protection zones) under Article 9 (2) 1 and 2 of the Forest Protection Act and cancellation of designation of forest protection zones under Article 11 of that Act.
21. Approval or reporting of factory establishment, etc. under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act;
22. Permission for or reporting of conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for or reporting of temporary use of mountainous districts under Article 15-2 of that Act, and permission or reporting for felling of standing trees, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act;
23. Permission to implement small river construction works under Article 10 of the Small River Maintenance Act and permission for occupation of small rivers under Article 14 of that Act;
24. Authorization of general water supply business under Article 17 of the Water Supply and Waterworks Installation Act, authorization of industrial waterworks business under Article 49 of that Act, authorization of exclusive waterworks installation under Article 52 of that Act, and authorization of exclusive industrial waterworks installation under Article 54 of that Act;
25. Permission to implement harbor development projects under Article 23 of the Fishing Villages and Fishery Harbors Act;
26. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
27. Permission to relocate graves under Article 27 of the Act on Funeral Services; provided, the public notification procedure under that Article shall not be omitted;
28. Authorization or reporting of construction plans for private-use electrical installations under Article 8 of the Electrical Safety Management Act;
29. Consultation on the feasibility of supplying integrated energy under Article 4 of the Integrated Energy Supply Act;
30. Approval of business plans under Article 12 of the Installation and Utilization of Sports Facilities Act;
31. Approval of implementation plans for housing site development projects under Article 9 of the Housing Site Development Promotion Act;
32. Approval or reporting of installation of waste treatment facilities under Article 29 of the Wastes Control Act;
33. Authorization of installation of public sewerage under Article 11 of the Sewerage Act, permission to implement public sewerage construction works under Article 16 of that Act, permission for occupation of public sewerage under Article 24 of that Act, and reporting of drainage facility installation under Article 27 of that Act;
34. Consultation with or approval by the river management authority under Article 6 of the River Act, permission for river construction under Article 30 of that Act, permission for occupation of rivers under Article 33 of that Act, and reporting on temporary use of river water under Article 50-2 of that Act.
(2) A person who intends to obtain deemed authorization or permission under paragraph (1) shall submit the relevant documents required under the applicable statutes or regulations when applying for approval (including approval for modification) of a project implementation plan or requesting consultation with the project approval authority for the formulation of a project implementation plan.
(3) Where the project approval authority intends to approve (including approval for modification) a project implementation plan under Article 14 (1) and (2) or to provide an opinion on a project implementation plan for which consultation has been requested under Article 14 (8), and the project implementation plan includes any of the matters referred to in the subparagraphs of paragraph (1), the project approval authority shall consult in advance with the heads of relevant administrative agencies.
(4) Except as otherwise provided in paragraphs (1) through (3), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards and effects of deemed authorization or permission.