파산절차에서의 중앙관서의 장의 중요재산 처분 승인거부처분의 위법 여부 - 대법원 2024. 7. 11. 선고 2021두47974 판결을 중심으로 -

나상훈 법조협회 2024 法曹 Vol.73 No.4

보조사업자가 파산선고를 받아 그에 대한 파산절차가 진행되는 경우, 법원이 선임한 파산관재인은 관리처분권에 기하여 법원의 허가 하에 보조사업자가 보조금으로 취득한 부동산 등 중요재산을 임의매각하거나 별제권자 신청의 임의경매절차에 참가하여 배당금을 수령하는 등으로 그 부동산을 환가한다. 한편, 보조금 관리에 관한 법률 제35조 제3항은 보조사업자는 중앙관서의 장의 승인 없이 중요재산을 처분할 수 없도록 규정하고 있다. 여기서, 보조사업자가 파산선고를 받은 경우에도 위 보조금법 조항이 그대로 적용되어 파산관재인의 임의매각절차나 별제권자의 임의경매절차에서의 중요재산 매각에 중앙관서의 장의 승인이 필요한지, 위 승인이 필요하다면 중앙관서의 장이 보조금 반환금의 전액 환수가 이루어지지 않았다는 사유로 그 처분승인을 거부하는 것이 위법한 것은 아닌지 등이 문제된다. 첫 번째 쟁점에 대하여는 위 보조금법 조항의 입법취지, 유사사례에서의 기존의 대법원 판례의 입장, 파산법원의 허가와 보조금법상의 중앙관서의 장의 승인과의 관계 등에 비추어 중요재산의 처분시 파산법원의 허가 외에 위 보조금법 조항에 따른 중앙관서의 장의 승인도 필요하다고 본다. 두 번째 쟁점에 대하여 대상판결은, 보조금 반환금의 전액 환수를 위한 중앙관서의 장의 승인거부처분은 ① 재단부족시의 채무자회생법상의 재단채권의 변제방법에 위배한다는 점, ② 그로써 재단채권자 또는 별제권자 등 다른 채권자들의 이익을 침해한다는 점, ③ 파산절차의 진행 지연으로 인하여 채무자의 재산에 대한 신속․공정한 환가․배당이라는 파산제도의 목적에도 반하는 결과가 초래된다는 점, ④ 중앙관서의 장은 파산선고 전 체납처분에 따라 사실상 다른 재단채권자보다 우선변제받을 수 있어 보조금 환수 확보라는 공익이 크게 침해된다고 보기 어렵다는 점 등을 근거로, 그 재량을 일탈․남용한 것으로서 위법하다고 볼 여지가 많다라고 판시하였고, 이는 타당한 것으로 보인다. When a subsidy program operator is declared bankrupt and bankruptcy proceedings commence, the bankruptcy trustee appointed by the court has the authority to dispose of assets, including important properties acquired with subsidies, under the court's approval. The trustee may sell the property voluntarily or participate in a voluntary auction initiated by secured creditors to receive distribution proceeds. Meanwhile, Article 35, Paragraph 3 of the Subsidy Management Act stipulates that a subsidy program operator cannot dispose of important property without the approval of the head of the central government agency. The issues arising here include whether the above provision of the Subsidy Act still applies when the a subsidy program operator is declared bankrupt, thus requiring the approval of the central government agency head for the sale of important property in voluntary sales or auctions by the trustee or secured creditors. If such approval is required, another question is whether it is illegal for the head of the central government agency to refuse approval on the grounds that the full amount of the subsidy repayment has not been collected. Regarding the first issue, considering the legislative intent of the Subsidy Act, existing Supreme Court precedents in similar cases, and the relationship between the bankruptcy court's approval and the central government agency head's approval under the Subsidy Act, it is concluded that the sale of important property requires both the bankruptcy court's approval and the central government agency head's approval according to the Subsidy Act. For the second issue, the court ruling in the subject case states that the refusal of the head of the central government agency to approve the sale for the purpose of recovering the full amount of the subsidy repayment is likely to be unlawful. The court’s reasons include: ① it violates the repayment methods of estate claims under the Debtor Rehabilitation and Bankruptcy Act in case of insufficiency, ② it infringes on the interests of other creditors, including estate creditors and secured creditors, ③ it hinders the purpose of the bankruptcy system, which aims for the swift and fair liquidation and distribution of the debtor's assets, due to delays in bankruptcy proceedings, and ④ the head of the central government agency, in fact, can secure a preferential repayment over other estate creditors through pre-bankruptcy levy, thus the public interest of recovering subsidies is not significantly compromised. These points suggest that the discretion was excessively exercised or abused, making the refusal likely illegal. This conclusion seems reasonable.

경관평가 방법에 관한 연구

나상훈 서강정보대학 2002 論文集 Vol.21 No.-

This is a basic research for the suggestion of reasonable methods of an estimation research of views. For this purpose, many foreign and domestic researches related to view estimation have been studied, and thereby, by noting periodical trends, approach methods, individual researchers' ways, experiment and variables, common methods of measurements and analyzation have come to be arranged. And also based upon this, a frame of view estimation method has been structured.

Effects of Physical Activity and Aerobic Exercise Capacity on Aortic Stiffness in Patients With Untreated Hypertension

나상훈,김용석,배준호,나득영,김영권,이명묵,김혜영,이무용 대한심장학회 2009 Korean Circulation Journal Vol.39 No.2

Background and Objectives: High aerobic exercise capacity and sport-related physical activity are reported to be inversely associated with arterial stiffness in healthy young adults. However, it is unknown whether increased physical activity and/or high aerobic exercise capacity attenuate arterial stiffness in patients with untreated hypertension. Subjects and Methods: We studied subjects with never-treated hypertension {n=84 (55 males); mean age±SD, 49±7 years; age range, 36-65 years}. We excluded subjects with a history of diabetes, angina, myocardial infarction, major arrhythmia, or cerebrovascular diseases and those who were taking any cardiovascular medications, including lipid-lowering agents. Carotid intima-media thickness (IMT) and heart-femoral pulse wave velocity (hfPWV) were measured before exercise testing was performed. Physical activity was estimated using a modified Baecke questionnaire. Aerobic exercise capacity was measured with maximal cardiopulmonary exercise testing (maximum oxygen uptake, Vo2max). Results: Linear regression analysis showed a significant inverse correlation between sport-index and hfPWV (r=-0.404; p<0.001), which multiple linear regression analysis showed to be independent of the individual variables of age, gender, body mass index, mean arterial pressure, total cholesterol, fasting blood glucose, and heart rate (beta=-0.277; p=0.004). However, the work- and leisure-indices and Vo2max were not associated with hfPWV (p>0.05). Carotid IMT was not associated with physical activity indices or Vo2max. Conclusion: In patients with untreated hypertension, increased sport activity was associated with lower aortic stiffness, but high aerobic exercise capacity was not. These results suggest that regular daily exercise, but not exercise capacity, is an important determinant of aortic stiffness in patients with untreated hypertension.

Specific Activity Types at the Time of Event and Outcomes of Out-of-Hospital Cardiac Arrest: A Nationwide Observational Study

나상훈,신상도,노영선,Eui Jung Lee,송경준,박창배,김주영 대한의학회 2013 Journal of Korean medical science Vol.28 No.2

This study aimed to describe the characteristics of out-of-hospital cardiac arrest (OHCA)according to specific activity types at the time of event and to determine the association between activities and outcomes according to activity type at the time of event occurrence of OHCA. A nationwide OHCA cohort database, compiled from January 2008 to December 2010 and consisting of hospital chart reviews and ambulance run sheet data, was used. Activity group was categorized as one of the following types: paid work activity (PWA),sports/leisure/education (SLE), routine life (RL), moving activity (MA), medical care (MC),other specific activity (OSA), and unknown activity. The main outcome was survival to discharge. Multivariate logistic analysis for outcomes was used adjusted for potential risk factors (reference = RL group). Of the 72,256 OHCAs, 44,537 cases were finally analyzed. The activities were RL (63.7%), PWA (3.1%), SLE (2.7%), MA (2.0%), MC (4.3%), OSA (2.2%), and unknown (21.9%). Survival to discharge rate for total patients was 3.5%. For survival to discharge, the adjusted odds ratios (95% confidence intervals) were 1.42 (1.06-1.90) in the SLE group and 1.62 (1.22-2.15) in PWA group compared with RL group. In conclusion, the SLE and PWA groups show higher survival to discharge rates than the routine life activity group.

Evaluation of Local Flow Conditions in Jailed Side Branch Lesions Using Computational Fluid Dynamics

나상훈,구본권,김정철,양한모,박건우,강현재,김효수,오병희,박영배 대한심장학회 2011 Korean Circulation Journal Vol.41 No.2

Background and Objectives: Lesions of vascular bifurcation and their treatment outcomes have been evaluated by anatomical and physiological methods, such as intravascular ultrasound and fractional flow reserve (FFR). However, local changes in flow dynamics in lesions of bifurcation have not been well evaluated. This study aimed at evaluating changes in the local flow patterns of bifurcation lesions. Materials and Methods: Eight (n=8) representative simulation-models were constructed: 1 normal bifurcation, 5 main-branch (MB) stenting models with various side-branch (SB) stenoses (ostial or non-ostial 75% diameter stenosis with 1- or 2-cm lesion lengths, ostial 75% diameter stenosis caused by carina shift), and 2 post-kissing models (no or 50% SB residual stenosis). Pressure, velocity, and wall shear stress (WSS) profiles around the bifurcation sites were investigated using computational fluid dynamics. Results: Post-stenting models revealed significant pressure drop in the SB (FFR <0.75), excluding the carina shift model (FFR=0.89). In the post-kissing models, there was no significant pressure drop. All post-stenting models revealed eccentric low velocity flow patterns and areas of low WSS, primarily in the lateral wall on distal MB. Post-kissing angioplasty improved pressure drop in the SB but resulted in alteration of flow distribution in the MB. In the carina shift model, kissing ballooning resulted in deteriorated local flow conditions due to increased area of low velocity and WSS. Conclusion: This study suggests that the most commonly used bifurcation intervention strategy may cause local flow disturbances, which may partially explain high restenosis and event rates in patients with bifurcation lesions.

初等學敎의 建築的 特性에 관한 硏究

나상훈,김유곤 서강대학 지역발전연구소 1999 지역발전연구 : 서강전문대 Vol.5 No.2

This study based upon theoretical contemplation has tried to analyze the composition of open school spaces of the elementary schools in Kwang-ju whose designs have been chosen by competition since 1990, and thereby to suggest both its problems and basic materials necessary for the construction of new type of school buildings. The results of this study are as follows: The school buildings are usually separated and arranged according to higher classes and lower classes, special classrooms and general classrooms, and classrooms and control offices. But there are usually pilots on the first floor, the other floors are connected directly and often there are arranged special rooms in connecting passages. School buildings, a gymnasium, and a play ground are common factors in every school. And there are small play grounds for lower class students or kindergarteners who have some difficulty in using play grounds, and these spaces are separated and arranged for higher class students, lower class students, and kindergarteners each. In many schools, the size of a unit classroom is the standard size of 67.5㎡. But it seems that a size of each unit classroom must be enlarged to utilize small spaces and to provide some spaces for open education.

The Letters Exchanged between Yi I (Yulgok) and Song Ikp’il (Kubong) Concerning the Kyŏngmong yogyŏl/ Materials in Translation

나상훈 서울대학교 규장각한국학연구원 2019 Seoul journal of Korean studies Vol.32 No.2

The purpose of this translation is to introduce the letters exchanged between Yi I and his friend Song Ikp’il concerning the Kyŏngmong yogyŏl 擊蒙要訣 (Essential instructions on rectifying folly), thereby identifying the role Song Ikp’il played in the making of this text. Most previous translators and researchers have been unaware that the Kyŏngmong yogyŏl circulated in a draft version that Yi I revised after intensive review by his close friend Song Ikp’il. This fact is evidenced by letters exchanged between the two in which they discuss the work. I provide translations of these letters to inform readers of the issues raised in the letters and call attention to the differences between the first draft and the published work.

실시간 홀로그래픽 간섭법을 이용한 삼차원적 미소변형의 측정

나상훈,정해양 경희대학교 자연과학종합연구원 1995 자연과학논문집 Vol.1 No.-

Three dimensional deformation of a cantilever steel plate under the bending stress is measured quantitatively by a real time holographic interferometric system using liquid gate. Quantitative data were taken by the interference fringe order counting in conjunction with the computer image processing. The experimental data show good agreement in comparison with theoretical analysis.

읍성의 공간체계에 관한 硏究

나상훈,김순곤 서강대학 지역발전연구소 1996 지역발전연구 : 서강전문대 Vol.2 No.-

A cultural background study on its historical view is essential to understand the Korean traditional architecture. We can analyze the implied meanings and symbolic features of the building more easily and clearly through its proper interpretation. Some of the important research findings are summarized below: 1. Composition of village space in Nak-An Eup-Sung, shows formation of a space ward axis influenced by the Shamanstic elements. Consequently, we can recongnize that the village was formed by a shamanstic space ordering system. 2. Theideologic system in Shamanism, which influenced space composition in natural villages, provides elements, such as centrality, territoriality, and directionality of the space through the process of sanctifying villagers own living spaces. we can realize that village space has accordingly systemized in order by these elements.

실시간 홀로그래피 간섭법을 이용한 미소변형의 삼차원적 측정 ( Measurement of Three Dimensional Deformation by Real-time Holographic Interferometry )

나상훈,정해양,김상혁,조재철 한국통신학회 1995 한국통신학회 기타 간행물 Vol.- No.-