개발사업법상 공공시설의 개념

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.