재정비촉진계획의 소익과 기반시설 비용분담

허지인 사단법인 건설법학회 2019 건설법연구 Vol.- No.1

개발사업법상 공공시설의 개념

허지인 서울대학교 법학연구소 2022 서울대학교 法學 Vol.63 No.3

Public facilities are facilities necessary for the general public to lead their basic daily life, and are a concept used throughout public law related to the benefit provision activities of administrative body. In addition, it is used in a number of laws, such as the Development Project Law, the National/Local Property Law, and the Local Autonomy Law. As such, the term public facility is used in multiple ways in public law and positive law, so it is difficult to understand the concept. Meanwhile, the Development Project Law defines public facilities as roads, parks, railroads, water supply, and other public facilities prescribed by the Presidential Decree. The Development Project Law defines public facilities in a way that simply enumerates them, and believes that as long as the government determines some of the public facilities by the Presidential Decree, it will be included in the public facilities. Public facilities under the Development Project Law are a concept for determining the ownership of public facilities through devolving public facilities free of charge and transfer of public facilities free of charge, so public facilities determined by legislators must have corresponding conceptual indicators. Public facilities under the Development Project Law are a kind of public thing regulated by individual administrative laws, and many of the conceptual elements and characteristics of public thing are shared. On the one hand, in that it exists to regulate devolving public facilities free of charge and transfer of public facilities free of charge under the Development Project Law, it has original characteristics that are distinguished from other concepts such as infrastructure and urban planning facilities as well as public thing in terms of lectures. Considering both, public facilities under the Development Project Law are independent concepts with three conceptual indicators. The first indicator is that it is installed by attaching to the development project, the second indicator is that it is owned by an administrative body, and the third indicator is that it is provided for general public use. Such a theoretical concept of public facilities under the Development Projects Law serves as a basis for determining the scope of public facilities under the Development Projects Law, and works as a delegation limit, and it will help to clearly establish the rules of public facilities under the Development Projects Law. Furthermore, this will be the basis for maintaining the proportionality between the public interest of securing public facilities and the guarantee of property rights of the implementer of development project and the rational operation of the system related to public facilities under the Development Project Law. 공공시설은 일반 공중이 기본적인 일상생활을 영위하기 위해 필요한 시설로 행정주체의 급부제공 활동과 관련된 공법학 전반에서 사용되는 개념이다. 이는 개발사업법, 국⋅공유재산법, 지방자치법 등 다수의 법률에서도 사용되고 있다. 이처럼 공공시설이라는 용어는 공법학과 실정법에서 다의적으로 사용되고 있어서 그 개념을 이해하는 데 어려움이 있다. 한편 개발사업법은 공공시설을 도로, 공원, 철도, 수도, 그 밖에 대통령령으로 정하는 공공용시설이라 정하고 있다. 개발사업법은 공공시설에 해당하는 시설을 단순히 열거하는 방식으로 정의하면서 정부가 특정 공공용시설을 시행령으로 정하기만 하면 공공시설에 포섭된다고 보는 것이다. 그러나 개발사업법상 공공시설은 공공시설의 무상귀속과 무상양도 제도를 통해 그 소유권 귀속을 정하기 위한 개념이므로, 입법자가 열거하는 공공시설은 그에 부합하는 개념징표를 가지고 있어야 한다. 개발사업법상 공공시설은 개별 행정법상 규율되는 공물의 일종으로 공물의 개념요소나 특징을 많은 부분 공유하고 있다. 한편으로 이는 개발사업법상 공공시설의 무상귀속과 무상양도를 규율하기 위해 존재한다는 점에서 강학상 공물뿐만 아니라 기반시설, 도시계획시설 같은 다른 개념과 구별되는 본래적 특징을 가지고 있다. 이와 같은 사항을 모두 고려해 볼 때 개발사업법상 공공시설은 세 가지 개념징표를 가지는 독자적인 개념이다. 첫 번째 징표는 개발사업에 부수하여 설치된다는 것이고, 두 번째 징표는 행정주체의 소유라는 것이며, 세 번째 징표는 일반 공중의 이용에 제공된다는 것이다. 이와 같은 개발사업법상 공공시설의 이론적 개념은 개발사업법상 공공시설의 범위를 정하는 준거가 되어 위임한계로 작동하고, 개발사업법상 공공시설의 규율을 명확히 정립하는 데 도움이 될 것이다. 나아가 이는 개발사업법상 공공시설에 관한 제도가 공공시설 확보라는 공익과 사업시행자의 재산권 침해 사이에 비례성을 유지하며 합리적으로 운영되는 데 그 바탕이 될 것이다.

지구단위계획과 공공기여의 산정

허지인,김종보 행정법이론실무학회 2022 행정법연구 Vol.- No.67

In order for the owner to build a building on the relevant land, he/she must comply with the urban plan already established and determined by the administrative agency. However, there are cases where large-scale idle land is developed in combination for urban development or the area needs to be newly developed due to the relocation of urban planning facilities. In this case, the implementer of development project can proceed with the development project accordingly only when the administrative agency first changes to an urban plan that includes matters necessary for development. And this change in urban plan generates enormous development profits for implementers of development project. Therefore, through pre-negotiation and district-unit plans, the administrative agency changes it to an appropriate urban plan for development projects such as floor space index incentive, and in return, imposes the payment of land or money for public facilities on the implementer of development project. In this way, the obligation imposed by the administrative agency to the implementer of development project to recover the development profits from the change in urban plan is called “public contribution”. Since public contribution is a structure in which implementers of development project provide public facilities to relax the floor space index, it is often recognized and used similarly to “floor space index incentive according to the provision of new public facilities” among legal system for public facilities under the Development Project Law. Public contribution can be seen as a flexible transformation of the legal principles based on the legal system for public facilities under the Development Project Law. If so, public contribution needs to be interpreted and operated according to the characteristics distinguished from the legal system for public facilities under the Development Project Law. In particular, the key part that needs to establish standards for interpretation according to the conceptual purpose of public contribution is the calculation of public contribution. Public contribution has limitations in public law that cannot exceed the increase in land value due to changes in urban plan. In addition, the calculation of public contribution shall be in line with the public interest and shall not violate the principle of proportionality. Specific methods of the calculation of public contribution can be determined according to the principle and characteristic of public contribution. First, in order to reflect the actual increase in land value, the calculation of public contribution is evaluated by classifying the current value and future value of the target land. Such property appraisal is conducted at the time of pre-negotiation and included in the district-unit plan through the public contribution plan. In addition, since the amount of public contribution is a part of the development profits that the implementer of development project must bear, it is calculated based on the future value reflecting the development profits. Specific legislation is needed in the future for the criteria for the calculation of public contribution and means for securing the performance of public contributions to implementers of development project.

백굴채 추출물의 항산화 활성과 기전

허지인,김정현,이정민,임순성,김성찬,박재봉,김재봉,이재용 韓國藥用作物學會 2013 한국약용작물학회지 Vol.21 No.2

Chelidonium majus (CM) contains several isoquinoline alkaloids that have been reported to have various biological activities such as anti-inflammatory, antimicrobial, antioxidant, immune-modulatory, and antitumoral. It has been reported that the extract of CM had an antioxidant potential, however the mechanism has not been verified. In this study, we found that CM extract activated FOXO3a. FOXO3a is a transcription factor that involved in various biological processes such as cell cycle arrest, apoptosis, DNA repair, and ROS detoxification. Transcriptional activities of FOXO3a were regulated by post-translational modifications including phosphorylation, acetylation, and ubiquitination. Protein level of FOXO3a was increased by CM extract. Promoter activities of FOXO-transcriptional target genes such as MnSOD, p27 and GADD45 were activated by CM extract in a dose dependent manner. In addition, protein level of MnSOD, major antioxidant enzyme, was increased by CM extract. Thereby ROS level was decreased by CM in old HEF cells. These results suggest that CM extract has an antioxidant activity through FOXO activation.

좌훈(坐薰)과 소주천(小周天) 수련의 상관성에 관한 연구

허지인,이재흥,최형일,이계승,Huh, Ji-In,Lee, Jae-Heung,Choi, Hyeong-Il,Lee, Gye-Seung 대한의료기공학회 2009 醫療氣功 Vol.11 No.1

objectives : This research aimed to study the similar effects between Jwahun and Sojucheon_practice, as both Induces to SooSengg-HwaGang(the coordination of water and fire). methods : 141 recipients of the survey was conducted in the Jwahun room of Korean medicine Hospital, which contained to body reaction between the moment of the Jwahun and after the Jwahun. And the result of them compared with the body's response of Sojucheon_practice results : 1. In a survey, 78% of the patients had responses that were sweating. The area sweating a lot in the survey is the face, abdomen, chest and was, in this order, the ratio was high. About feeling of warmth and coolness, survey of those who felt the warmth ratio was 79%, those who did not feel the coolness ratio was 77%, most of the responses were warm bodies. 46% of patients replied that feels warm in the belly. It said the fact that Jwahun directly to the lower body is to warm. 2. Symptoms of congestion of the head on the survey, 78% of investigators did not appeal. Other investigators were responding they were dizzy. Research on pain and itching, but no response was at 84%. Among the responses to the itchiness, itching perineum was 11% of the respondents. The rest was weak. 3. Associated with defecation in the survey, the investigators found that 33% of respondents said fart. Urine is 22% of respondents said. Abdominal reactions, 33% of respondents answered was taking a tone in the abdomen. In response to the whole body reaction, the most relaxing 39% of the respondents said, 22% of respondents replied that the body feel lighter. 4. After Jwahun, belly is warm and cathartic reactions were the most responsive. This said that Jwahun even after, in the lower abdomen lasting warmth as can be seen. Smooth bowel movements disproves the abdominal organs is a good move. It will also be seen in the same context of bowel movements, abdominal response when just doing Jwahun. conclusions : Jwahun activate the meridians and through the perineum stimulation induced imdokmaek(任督脈) SooSengg-HwaGang(水升火降) to enable the training and some Sojucheon can have similar effects.

Physical properties of Collagen/PVA hydrogel for wound dressing application

허지인,장윤호,정효정,조진희,김재경 한국공업화학회 2006 한국공업화학회 연구논문 초록집 Vol.2006 No.1

The role of tonicity responsive enhancer sites in the transcriptional regulation of human hsp70-2 in response to hypertonic stress

허지인,이미숙,김정현,이재선,김재봉,박재봉,이재용,한정아,김종일 생화학분자생물학회 2006 Experimental and molecular medicine Vol.38 No.3

The inducible 70 kDa heat shock proteins (Hsp70) in mice are encoded by two almost identical genes, hsp70.1 and hsp70.3. Studies have found that only hsp70.1 is induced by hypertonic stress while both hsp70.1 and hsp70.3 genes are expressed in response to heat shock stress. It is unclear if the human counterparts, hsp70-2 and hsp70-1, are differentially regulated by heat shock and osmotic hsp70-2 was induced by hypertonic stress in human embryonic kidney epithelial cells and fibroblasts, while heat shock stress induced both hsp70-1 and hsp70-2. The human hsp70-2 promoter region contains three TonE (tonicity-responsive enhancer) sites, which were reported to play an important role in the response to hypertonicity. When the reporter plasmids contain-ing different parts of the 5' flanking region of hsp70-2 were transfected into human embryonic kidney epithelial cells or fibroblasts, one TonE site at -135 was found to play a key role in the response to hypertonicity. The inactivation of the TonE site using of induction by hypertonicity, which demonstrates the essential role of the TonE site. This suggests that the TonE site and the TonEBP (TonE binding protein) are the major regulators for the cellular response against high osmolarity in human kidney tissue.

Butyrate-induced differentiation of PC12 cells to chromaffin cells involves cell adhesion and induction of extracellular proteins and cell adhesion proteins

허지인,오수진,고윤정,김정현,강홍준,박성훈,김현석,신종연,이성영,김민주,민본홍,김성찬,박재봉,김재봉,이재용 한국통합생물학회 2010 Animal cells and systems Vol.14 No.4

PC12 cells were differentiated into the cells of chromaffin phenotype by butyrate treatment. Cells were aggregated and formed tight cell adhesion. To investigate the molecular change in this differentiation, we examined expression levels of cell adhesion proteins and extracellular proteins during butyrate induced-differentiation of PC12 cells. Integrin β1, integrin α7, E cadherin, VCAM, collagen-I, fibronectin, desmoglein and connexin were increased during differentiation. The levels of clusterin and secreted clusterin were also increased. These increased levels of cell adhesion proteins and extracellular proteins appear to induce cell aggregation and tight cell adhesion. The levels of p21, p27 and p16 were increased probably because of differentiation-related growth arrest during differentiation. Prolonged incubation of butyrate up to 1 day was required for differentiation. Signal transduction pathways for this differentiatiom could not be identified since various inhibitors had no effect. The results showed that butyrateinduced differentiation of PC12 cells

Physical properties of Collagen/ Poly vinyl acetate (PVAc) membranes

허지인,장윤호 한국공업화학회 2006 한국공업화학회 연구논문 초록집 Vol.2006 No.-

도시계획의 변경으로 인한 개발이익 환수 — 용도지역 상향을 중심으로 —

허지인 행정법이론실무학회 2023 행정법연구 Vol.- No.71

The country needs to flexibly adjust land use through changes in urban planning according to social development and industrial changes. When building permits are newly granted or building permit requirements are eased due to changes in urban planning, the objective use value of the land increases. It has become a subject of social debate whether it is reasonable for the development gains generated by this to belong only to the landowner. As a result, the contents of the subject, method, standard the return of development gains were determined through legislative policy. Korea has various development gains return systems under the public law. They are public contribution, development levy, and reconstruction levy. Each system is operated individually, so there is a certain limit to the systematic return of development gains resulting from urban planning changes. In particular, in view of the gradual increase in demand for up-zoning, it is urgent to reorganize the system to properly return the development gains resulting from urban planning change. Under the current public law, the development gains return system recognizes a mutually complementary relationship in each phase and is similar in nature, so it is necessary to unify the conceptual system of development gains and link and reorganize each system. The return of development gains due to urban planning changes is determined at the urban planning change phase in the case of public contribution and at the project completion phase in the case of development levy. In addition, the nature of development levy and reconstruction levy can be seen to be similar, considering that the development gains to be returned are derived from development of land, that is, the change in urban planning. If so, the concept of development gains under the Development Gains Return Act is defined as the increase in land use value that belongs to the landowner or implementer of development project due to a change in urban planning or implementation of the development project for the target land. This is a reasonable adjustment of the conceptual elements of development gains. Based on this conceptual system, the concept of development gains returned as public contribution and reconstruction levy can also be determined and operated in an integrated manner. This will help to increase the effectiveness of the development gains return system by establishing a simple, consistent and dense return network. Landowners can also get opportunities for various development projects that can be more easily accepted by society through the return of development gains.