Article 48(Deemed authorization and permission and relaxation of regulation) #
(1) Where the Mayor/Do Governor grants approval of an implementation plan or approval for modification thereof pursuant to Article 47 (1), matters that were consulted on with the heads of relevant administrative agencies under paragraph (3) with respect to the approval, permission, authorization, designation, determination, report, consultation, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") specified in the following subparagraphs shall be deemed granted the authorization, permission, etc. concerned; and where an approval of an implementation plan or an approval for modification thereof is publicly notified, public notice or public announcement of the relevant authorization, permission, etc. shall be deemed given:
1. Permission for installation of discharge facilities under Article 11 of the Act on the Management and Use of Livestock Excreta, and permission for and reporting on modification thereof;
2. Building permits under Article 11 of the Building Act, building notifications under Article 14 of that Act, modifications of permitted or notified matters under Article 16 of that Act, building permits for or notifications of temporary buildings under Article 20 of that Act, and building consultations under Article 29 of that Act;
3. Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act;
4. Approval of business plans pursuant to Article 15 of the Tourism Promotion Act and approval of tourist destination and tourism complex development plans pursuant to Article 54 of that Act;
5. Determination of an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to facilities prescribed by Presidential Decree among plans under subparagraph 4d of Article 2 thereof, and designation of a district unit planning zone and a district unit plan under Article 51 thereof among plans under item e of that subparagraph); approval of topographic drawings under Article 32(2) of that Article; designation of a planned management area among non-urban areas under Article 36 of that Act (limited to cases subject to deliberation by an urban planning committee under Article 30(3) thereof); designation of a development promotion district under Article 37 thereof (limited to cases subject to deliberation by an urban planning committee under Article 30(3) thereof); permission for development activities under Article 56 thereof; designation of an implementer of an urban/Gun planning facility project under Article 86 thereof; and authorization of an implementation plan under Article 88 thereof;
6. Designation of a rural tourism resort complex pursuant to Article 82(1) of the Agricultural and Fishing Villages Improvement Act;
7. Modification or revocation of an agricultural promotion area under Article 31 of the Farmland Act, permission for, or consultation on, farmland conversion under Article 34 of that Act, reports on farmland conversion under Article 35 of that Act, permission for or consultation on temporary use of farmland for other purposes under Article 36 of that Act, and approval of change of use under Article 40 of that Act;
8. Permission for, or report on, installation of discharge facilities under Article 23 of the Water Environment Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of the Noise and Vibration Control Act;
9. Permission for road construction by a person other than the road management authorities under Article 36 of the Road Act, permission for road occupation under Article 61 of that Act, and consultation or approval with the road management authorities under Article 107 of that Act;
10. Authorization of the project implementation plan pursuant to Article 50 of the Act on the Improvement of Urban Areas and Residential Environments;
11. Permission for felling, etc. within land for erosion control under Article 14(1) of the Erosion Control Work Act; and revocation of designation of the land for erosion control under Article 20 of the Act;
12. Permission for or report on acts within a forest protection zone (excluding forest genetic resource protection zones) under Article 9(1) and Article 9(2)1 and 2 of the Forest Protection Act; and revocation of designation of a forest protection zone under Article 11(1)1 of the Act (limited to forest protection zones damaged by the mega-wildfirs in Gyeongbuk, Gyeongnam, and Ulsan, excluding national forests under the jurisdiction of the Korea Forest Service);
13. Permission for and reporting on felling of standing trees, etc. pursuant to Article 36(1) and (5) of the Creation and Management of Forest Resources Act;
14. Approval of an implementation plan for development of a national industrial complex under Article 17 of the Industrial Sites and Development Act; approval of an implementation plan for development of a general industrial complex under Article 18 of the Act; and approval of an implementation plan for development of an urban high-tech industrial complex under Article 18-2 of the Act;
15. Permission for or reporting on conversion of forest land under Articles 14 and 15 of the Mountainous Districts Management Act; permission for or reporting on temporary use of forest land under Article 15-2 of the Act; and permission for extraction of earth and rocks under Article 25 of the Act;
16. Formulation and approval of comprehensive plans for small river maintenance and formulation of implementation plans for small river maintenance under Articles 6 and 8 of the Small River Maintenance Act; permission for maintenance of small rivers, etc. under Article 10(1) of that Act; and permission for or reporting on the occupation of small rivers, etc. under Article 14 of that Act;
17. Authorization of general waterworks business and industrial waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization of the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of that Act;
18. Modification of designation and revocation of forestry promotion zones under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
19. Approval of business plan under Article 15 of the Housing Act;
20. Approval of business plan under Article 12 of the Act on the Installation and Utilization of Sports Facilities Act;
21. Permission for changes in land shape, etc. under Article 21-2 of the Grassland Act and permission for conversion of grassland under Article 23 of that Act;
22. Approval or report of installation of waste treatment facilities under Article 29 of the Wastes Control Act;
23. Authorization for the installation of public sewerage (limited to excreta treatment facilities) under Article 11 of the Sewerage Act; permission for public sewerage business under Article 16 of that Act; permission for the occupation of public sewerage under Article 24 of that Act; and reporting on the installation of private sewerage treatment facilities under Article 34(2) of that Act;
24. Consultation with or approval from a river management agency under Article 6 of the River Act; permission for the execution of river works and authorization of implementation plans for river works under Article 30 of that Act; permission for the occupation of rivers, etc. under Article 33 of that Act; and permission for the use of river water under Article 50 of that Act.
(2) The State, etc. may relax regulations on overlapping regulatory areas such as wetland protection areas pursuant to Article 8 of the Wetland Conservation Act, within the scope specified in the following subparagraphs:
1. Restrictions on actions in wetland protection areas pursuant to Article 13 of the Wetland Conservation Act;
2. Other relaxation of regulation prescribed by Presidential Decree.
(3) Where the Mayor/Do Governor intends to receive deemed authorization, permission, etc. under paragraph (1), and an implementation plan includes matters specified in any subparagraph of paragraph (1), he or she shall submit relevant documents prescribed by the applicable Acts in advance to the heads of relevant administrative agencies and consult therewith. In such cases, the head of the relevant administrative agency who has received a request for consultation shall submit his or her opinion within 30 days from the date of receipt thereof; if no opinion is submitted within such period, consultation shall be deemed completed.
(4) Where authorization, permission, etc. under other Acts are deemed to have been granted pursuant to paragraph (1), any license tax or fees, etc. imposed under the relevant Acts shall be exempted.
(5) The deemed authorization, permission, etc. and relaxation of regulation under paragraphs (1) and (2) shall apply for 5 years from the enforcement date of this Act; provided, such period may be extended within 3 years upon deliberation by the State Council.
(6) Detailed standards for relaxation of regulation referred to in paragraph (2) shall be prescribed by Presidential Decree.