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A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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The Change of the Fracture Risk by a Fracture Risk Factor in the FRAX Tool (FRAX Tool에서 골절위험인자에 따른 골절위험도의 변화)

  • Song, Hyeon-Seok;Lee, Hyo-Yeong;Yun, Jong-Jun;Lee, Hwa-Jin;Lee, Moo-Seok;Park, Sae-Yoon;Jeong, Ji-Wook
    • The Korean Journal of Nuclear Medicine Technology
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    • v.13 no.3
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    • pp.132-136
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    • 2009
  • Purpose: WHO(world health organization) announced the FRAX Tool(fracture risk assessment) of new software in the beginning of 2008. FRAX Tool was considered various risk factor, being different from existing fracture risk. In this study, we wanted to know the fracture risk of following the changing of the risk factor of fracture. Materials and Methods: A total of 50 women aged 50~60 were studied. We measured BMD at the part of femur neck which was based on the age, weight, height of individual with GE, Lunar-prodigy. The control group is fracture risk without considering fracture risk factor. The experimental group is previous fracture, parent fracture, current smoking, glucocorticoid, rheumatoid arthritis, secondary osteoporosis, alcohol. if each items makes one 'existence', others are all 'nothing'. and the results produced major osteoporotic region and hip fracture risk in 10-years. Statistics used t-test of SPSS 12.0. Results: The average rate of increment of major osteoporotic region between control group and experimental group, previous fracture-74% increase, parent fracture-96% increase, current smoking-2% increase, glucocorticoid-61% increase, rheumatoid arthritis-29% increase, alcohol-20% increase, secondary osteoporosis-0.18% decrease. The average rate of increment of hip region between control group and experimental group, previous fracture-84% increase, parent fracture-5% increase, current smoking-72% increase, glucocorticoid-84% increase, rheumatoid arthritis-40% increase, alcohol-52% increase, secondary osteoporosis-1.69% decrease. Conclusions: Each fracture risk factor has different rate of increment between major osteoporotic and hip region while in occasion of the second osteoporosis it has little relation because of low P-value. We could know that a contribution of the risk factor is different between major osteoporotic and hip region.

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The Influence of Manager's Wealth on Adopting Anitakeover Measures (경영자의 부가 기업의 반인수조치 선택에 미치는 영향)

  • Choo, Hyun-Tai
    • The Korean Journal of Financial Management
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    • v.12 no.1
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    • pp.167-186
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    • 1995
  • 기업인수합병(M&A) 시장의 활성화에 따라 적대적 공개매수를 방어하기 위한 반인수조치(Antitakeover Techniques)들에 관한 관심도 고조되고 있다. 지금까지 널리 알려져 있는 대표적인 반인수 조치들은 Fair Price Amendment(FPA), Classified Board Amendment(CBA)와 Poison Pills(PP) 등이다. 이들 대표적 세 반인수조치들 중에서 FPA와 CBA 채택의 경우는 주주들의 사전 승인이 요구되는데 반하여 PP는 주주들의 사전 승인없이 채택이 가능한 반인수조치이다. 이처럼 상이한 반인수조치들의 채택은 채택기업의 가치에 상이한 부의 효과를 미치는데, 이 분야의 많은 실증적연구 결과들이 보고되고 있다. 본 연구에서는 표본기업으로 현재까지 상호개별적으로 연구되어 왔던 두가지 반인수조치(FTA, CBA)에 PP와 비채택기업도 포함시키고 있다. 지금까지의 반인수조치 채택에 따른 기업가치에 미치는 부의 효과에 관한 연구결과를 확인해보고, 반인수조치 채택에 관한 경영자의 의사결정과 경영자의 부 사이에 체계적인 관계가 존재하는지를 실증분석하고자 한다. 여기서 경영자의 부는 기업내부자 지분율과 기업내 경영자를 위한 Golden Parachute의 존재 유무로 측정한다. 본 연구에서는 3개의 가설을 설정하였다. 가설1: 만일 경영자가 주주의 이익을 희생하면서 자신의 이익을 위한 반인수조치를 채택한다면, 반인수조치 채택의 공표는 평균적으로 기업가치에 부(-)의 효과를 보일 것이다. 가설2: 경영자의 내부지분율이 낮을때 경영자들은 주주에게 가장 해로운 반인수조치를 선택할 것이다. 가설3: Golden Parachute가 존재하지 않을때 경영자들은 주주에게 가장 해로운 반인수조치를 채택할 것이다. 본 연구의 대상기업들중에서 반인수조치 채택 기업들은 IRRC 1990년도판에서 수집되었고, 대칭표본 기업으로 반인수조치를 채택하지 않은 기업들은 CRSP 파일에서 기업규모, SIC 코드를 대응시켜 선정하였다. 임원, 관계이사들과 친인척을 포함하는 내부자의 지분과 Golden Parachute 존재 여부는 이 연구의 표본기업들의 Proxy Statement에서 수집하였다. 최종 표본기업은 FPA 채택기업, CBA 채택기업, PP채택기업, 그리고 비채택기업으로 4개의 상호 배타적인 기업 그룹으로 구성되었다. 본 연구는 Event Study와 Multinomial Logistic Regession의 두가지 실증분석 방법을 사용하였다. Event Study방법론은 반인수조치 채택 공표시 초과수익률을 조사하기 위해 사용하였다. Multinomial Logistic Regession은 선택된 반인수조치 종류와 설명 변수들(내부자 지분율, Golden Parachute)간에 체계적인 관계가 존재하는지를 검증하기 위해 사용되었다. 반인수조치들을 채택하는 기업들은 반인수조치를 채택하고 있지 않은 기업들에 비해 내부자 지분율이 낮게 나타났으며, 반인수조치 중 PP를 채택한 기업에서 가장 낮은 내부지분율을 보이고 있다. GP 채택을 보면 PP를 선택한 기업의 50%가 GP를 채택하였다. 본 연구에서 반인수조치 채택 발표일 하루 전후의 초과수익률을 조사한 결과는 반인수조치 미채택기업, CBA, FPA 채택기업들의 초과수익률은 통계적으로 의미가 없었으나, PP채택에 따른 초과수익률은 의미 있는 부(-)의 값을 나타냈다. 이와같이 CBA와 FPA채택기업들은 주주의 부를 감소시키지 않았으나 PP채택기업들은 주주의 부를 감소시켰다. 따라서 경영자는 주주의 이익을 희생시키면서 자신의 이익을 위해 PP를 선택하고 있음을 보여 주고 있다. 연구결과는 내부자 지분율의 크기가 경영자와 주주간의 이해를 효과적으로 일치시키고 있음을 제시하고 있다. 즉, 내부자 지분율이 큰 기업일수록 반인수조치를 채택하지 않거나 반인수조치 채택시에 주주의 이익에 반하지 않은 반인수조치를 선택하는 경향이 높다. Golden Parachute이 존재하는 기업은 FPA를 채택하거나 반인수조치를 채택하지 않는 것보다 PP나 CBA를 채택하는 경향이 더 높다. 한편 기업에서의 GP의 존재가 경영자의 가장 해로운 반인수조치 선택을 억제하지 못함을 보여주고 있는데, 이는 GP가 비효과적인 계약메카니즘임을 제기한다. GP가 경영자와 주주간의 이해를 일치시키도록하는 계약이라기 보다는 차라리 기업방어전략이 비효과적일때 경영자 자신의 안전판으로 제공되고 있음을 보여준다. 이 논문의 주요공헌은 기업내부자 지분율의 크기와 GP의 존재가 반인수조치 선택에 체계적인 영향을 미치고 있음을 보여준 것이다. 여기서 사용된 Multinomial Logistic모델은 내부지분을 크기와 GP의 존재가 PP또는 CBA가 채택될 것인지를 예측할 수 있게 한다.

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Watt, Who is he? (와트, 그는 누구인가?)

  • Choi, Jun-Seop;Yu, Jae-Young;Im, Mee-Ga
    • 대한공업교육학회지
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    • v.42 no.2
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    • pp.108-122
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    • 2017
  • This research paper is to examine James Watt who led the 1st industrial revolution successfully. His great work was called monumental achievement in the human history of civilization. Here, we looked over the Watts' educational environment during his infant, juvenile, and adolescence period and also, his learning attitude about his own field through literature review. The basic infra of soft and hard wares for the industrial revolution through the process of R & D on new developing steam engine resulted from the very industrial revolution and its R & D environment were to be investigated. The useful information and knowledge from this process of the research are able to give an appropriate educational guidance to bring up the development of creativity in schooling systems. And also a lesson from the past could be used to provide the desirable direction for the 4th industrial revolution which is just begun to start now. The main results from this study are as follows; First, Watts' parents positively guided him onto the technology of manual field because they recognized their son was interested in technology field. The parents' attitude stimulated and guided his sons' self-development, had been equal to the aims of education. Second, Watt made a chance of making friendships with professors of Glasgow University. He spontaneously had done self-directed learning for getting knowledge and technology, and thus he became an expert of practical engineer and theorist. Third, the Lunar society, which was jumping over one's social position in their society of the 18th century through new thinking way, leading new ages had been very good R & D social infra for Watt to open and connect new advanced level of science and technology in his age. This society provided a study environment fields for their members to exchange their ideas of scientific curiosity and freely inquiry, technology informations. They had discussed and understood the issues to be occurred in their own fields and accumulated necessary knowledge for problem-solving, respectively. Such as this R & D system environment will be also considered in the modern research group. Fourth, the entrepreneur such as Boulton, who understand technology and grasp its value in future, is needed. The system of 'grue of management' will support the researcher with financial support, which is necessary in R & D. And the researcher like Watt who takes pleasure in technology itself and study eagerly in his field without financial problems, that is, 'grue of technical expert' is essential when leading to success in the industrial revolution.

SysML-Based System Modeling for Design of BIPV Electric Power Generation (건물일체형 태양광 시스템의 전력발전부 설계를 위한 SysML기반 시스템 모델링)

  • Lee, Seung-Joon;Lee, Jae-Chon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.10
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    • pp.578-589
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    • 2018
  • Building Integrated Photovoltaic (BIPV) system is a typical integrated system that simultaneously performs both building function and solar power generation function. To maximize its potential advantage, however, the solar photovoltaic power generation function must be integrated from the early conceptual design stage, and maximum power generation must be designed. To cope with such requirements, preliminary research on BIPV design process based on architectural design model and computer simulation results for improving solar power generation performance have been published. However, the requirements of the BIPV system have not been clearly identified and systematically reflected in the subsequent design. Moreover, no model has verified the power generation design. To solve these problems, we systematically model the requirements of BIPV system and study power generation design based on the system requirements model. Through the study, we consistently use the standard system modeling language, SysML. Specifically, stakeholder requirements were first identified from stakeholders and related BIPV standards. Then, based on the domain model, the design requirements of the BIPV system were derived at the system level, and the functional and physical architectures of the target system were created based on the system requirements. Finally, the power generation performance of the BIPV system was evaluated through a simulated SysML model (Parametric diagram). If the SysML system model developed herein can be reinforced by reflecting the conditions resulting from building design, it will open an opportunity to study and optimize the power generation in the BIPV system in an integrated fashion.

Clinical Features of Benign Infantile Convulsions with Gastroenteritis (위장관염과 동반된 양성 영아 경련의 임상적 고찰)

  • Lee, Jung Sun;Kwon, Hae Oak;Jee, Young Mee;Chae, Kyu Young
    • Clinical and Experimental Pediatrics
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    • v.48 no.7
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    • pp.753-759
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    • 2005
  • Purpose : This study was performed to characterize clinical features of benign convulsions with gastroenteritis(CwG) in infants. Methods : We reviewed clinical features of 67 episodes in 64 patients with afebrile seizure accompanied gastroenteritis admitted to Dept. of Pediatrics Bundang CHA hospital from January 2001 to June 2004. Patients with meningitis, encephalitis/encephalopathy or apparent history of epilepsy were excluded. Results : There were 32 boys and 35 girls. The age of onset ranged from 1 to 42 months($18.5{\pm}6.1$ months). The number of children admitted to the hospital with acute gastroenteritis was 2,887 in the same period. The percentage of patients with CwG was 2.3. Seizure type was exclusively generalized tonic or tonic-clonic seizure. The average number of seizures during a single episode was 3.1 (range, 1-13). Two or more seizures occurred in 53(79.1%) of the 67 episodes. Antiepileptic drugs were administered for 42 episodes. Seizure did not cease after the administration of one kind of antiepileptic drug in 23 episodes(54.7%). The seizures were rather refractory to initial antiepileptic treatment. There were no abnormalities in serum biochemistry test including glucose and electrolytes. Cerebrospinal fluid was normal in all 54 episodes. Stool cultures were negative in 49 episodes. Rotavirus was positive in stools in 51(82.3%) of 62 episodes. Norovirus was positive in stools in 2 episodes and astrovirus in 1 of 18 episodes. CT and/or MRI were performed in 15 cases and demonstrated no neuroradiologic abnormalities. Of 73 Interictal EEG, initial 24 cases showed occasional spike or sharp wave discharges from the mid-line area during stage I-II sleep, which were apparently differentiated from vertex sharp transient or K-complexes. The mean follow-up period was 5.7 months(1-36 months). Three patients experienced a recurrence of CwG, but all patients exhibited normal psychomotor development at the last follow-up. Conclusion : Afebrile infantile convulsions with gastroenteritis are brief generalized seizure in cluster with normal laboratory findings and good prognosis. Therefore CwG is likely to be categorized as situation-related seizure of special syndrome. Recognition of this entity should lead to assurance of the parents and long-term anticonvulsant therapy is not usually warranted.

Case Study on Determination of the Level of New RoHS II Substances in Domestic Electronic and Electrical Equipments (국내 전기전자 제품에 함유된 신규 RoHS II 물질 검출 사례 연구)

  • Song, Moon-Hwan;Son, Seung-Hwan;Cho, Young-Dal;Choe, Eun-Kyung
    • Clean Technology
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    • v.17 no.2
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    • pp.124-133
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    • 2011
  • In addition to six substances regulated in EU RoHS including lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE), priority substances are identified in new RoHS II as hexabromocyclododecane (HBCDD), dibutyl phthalate (DBP), butyl benzyl phthalate (BBP) and diethylhexyl phthalate (DEHP). In this study, 20 plastic samples were collected from 12 domestic electrotechnical companies and levels of four restricted substances were determined by gas chromatography-mass spectrometry, Among 20 parts that compose washer, refrigerator or microwave oven, HBCDD was detected in three samples of NBR material with the amount of 42~381 mg/kg while DBP and BBP was not detected in any samples collected respectively, implying that these substance may not be used widely in plastic materials for EEE. However, DEHP was detected in all samples of NBR, PP, PBT, EPDM and PVC materials with the amount of 42 up to 59,400 mg/kg that exceeds the limit value of 0.1 wt% (1,000 mg/kg). Presence of a restricted substance in polymer material makes a great negative influence on a number of final product. To cope with coming RoHS II as well as REACH, action not to use DEHP in plastic material or the relevant notification in case of REACH seems to be needed. Screening test of Arsenic compounds such as diarsenic pentaoxide, diarsenic trioxide, lead hydrogen arsenate, triethyl arsenate that are included in REACH SVHC was done by ICP measurement Arsenium was detected in four samples made of NBR and PBT materials in the level of 15~700 mg/kg. By considering the screening method used in this study, the amount of arsenium compounds in the thermistor made of PBT material has a high chance of exceeding the regulated limit value.

A Study on Researches of Resource-plants for Special Use or Purpose - Based on the Articles Published in the Journal of Korean Forestry - (특용자원식물(特用資源植物)의 연구(硏究) - 한국임학회지에 게재된 논문을 중심으로 -)

  • Yi, Jae-Seon;Kim, Chul-Woo;Song, Jae-Mo;Bae, Chan-Ho;Kang, Hyo-Jin;Hwang, Suk-In;Moon, Heung-Kyu
    • Journal of Forest and Environmental Science
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    • v.19 no.1
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    • pp.85-98
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    • 2003
  • The articles, published in the Journal of Korean Forestry from Number 1(1962) to Number 6, Volume 91(2002), were surveyed and investigated for the research trend analysis about resource-plants for special use or purpose, i. e., edible plants, medicinal plants, feed resource, landscape plants, fiber plants, industrial usuage, and bee plants. If the purpose or subject matter of the research was construction or furniture timber production, mushrooms and/or pulp and paper, such research was not included in this study. These articles were classified again depending on the content of research into 14 categories: habitat environment, ecology, physiology, propagation, silviculture (tending and culture), genetics and breeding, identification, insect and disease control, animal-related research, component analysis, vegetation survey, biotechnology, management, and review. Among the total 1.434 articles published, 396 ones (27.6%) were related with plants for special use or purpose. Vegetation survey was 60 (15.2%): physiology 56(14.1%) : genetics and breeding 56(14.1%): propagation 53(13.4%): and ecology 37(9.3%). Siviculture research field included 11 articles (2.8%), which indicates that the management of resource-plants is so far from economic income as seen in the low number of management research filed articles, i. e., only 6 reports (1.5%) Korean white pine was most popular for research and included 42 articles: Robinia pseudoacacia 23: Castanea crenata 14: and ginkgo tree 14. Research related with these species had focused mainly on propagation, physiology, genetics and breeding, ecology and pest control. Based on this survey and analysis, the followings are suggested: 1. More research is required on forest herbaceous plants. 2. Cooperative research work with other industrial and/or scientific area is recommendable for commercialization including medicine, cosmetics, and food etc. 3. Research on resource-plant conservation, which includes biology, social education and policy, should be supported for next generation. 4. Mutual correspondence and information exchange about the research results between researchers and institutes is more necessary than now.

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Dynamic Response of Tension Leg Platform (Tension Leg Platform의 동적응답에 관한 연구)

  • Yeo, Woon Kwang;Pyun, Chong Kun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.5 no.1
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    • pp.21-30
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    • 1985
  • The tension leg platform (TLP) is a kind of compliant structures, and is also a type of moored stable platform with a buoyancy exceeding the weight because of having tensioned vertical anchor cables. In this paper, among the various kinds of tension leg structures, Deep Oil Technology (DOT) TLP was analyzed because it has large-displacement portions of the immersed surface such as vertical corner pontoons and small-diameter elongated members such as cross-bracing. It also has results of hydraulic model tests, comparable with theorectical analysis. Because of the vertical axes of symmetry in the three vertical buoyant legs and because there are no larger horizontal buoyant members between these three vertical members, it was decided to develop a numerical algorithm which would predict the dynamic response of the DOT TLP using the previously developed numerical algorithm Floating Vessel Response Simulation (FVRS) for vertically axisymmetric bodies of revolution. In addition, a linearized hydroelastic Morison equation subroutine would be developed to account for the hydrodynamic pressure forces on the small member cross bracing. Interaction between the large buoyant members or small member cross bracings is considered to be negligible and is not included in the analysis. The dynamic response of the DOT TLP in the surge mode is compared with the results of the TLP algorithm for various combinations of diffraction and Morison forces and moments. The results which include the Morison equation are better than the results for diffraction only. This is because the vertically axisymmetric buoyant members are only marginally large enough to consider diffractions effects. The prototype TLP results are expected to be more inertially dominated.

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Genetic Alteration of Tumor Suppressor Gene and Microsatellite in Nonsmall Cell Lung Cancer (비소세포폐암에서 종양억제유전자와 극소위성 변이에 관한 연구)

  • Shin, Tae-Rim;Hong, Young-Sook;Kim, Jhin-Gook;Chang, Jung-Hyun
    • Tuberculosis and Respiratory Diseases
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    • v.49 no.4
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    • pp.453-465
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    • 2000
  • Background : Lung carcinogenesis is a multistage process involving alterations in multiple genes and diverse pathway. Mutational activation of oncogenes and inactivation of tumor suppressor genes, and subsequent increased genetic instability are the major genetic events. The p53 gene and FHIT gene as tumor suppressor genes contribute to the pathogenesis of lung cancer, evidenced by mutation, microsatellite instability(MI) and loss of heterozygosity(LOH). Methods : We analysed genetic mutations of p53 and FHIT gene in 29 surgical specimens of nonsmall cell lung cancer using PCR-single strand conformation polymorphism, DNA sequencing and RT-PCR. MI and LOH were analyzed in loci of D3S1285, D9S171, and TP53. Results : In 2 cases, point mutation of p53 gene was observed on exon 5. MI of 3 times and LOH of 14 times were observed in at least one locus. In terms of the location of microsatellite, D3S1285 as a marker of FH1T was observed in 5 cases out of 26 specimens; D9S171 as a marker of p16 in 5 out of 17; and TP53 as a marker of p53 in 7 out of 27. In view of histologic type, squamous cell carcinoma presented higher frequency of microsatellite alteration, compared to others. Mutation of FHIT gene was observed in 11 cases and 6 cases of those were point mutation as a silent substitution on exon 8. FHIT mRNA expression exhibited deletion on exon 6 to 9 in 4 cases among 15 specimens, presenting beta-actin normally. Conclusion : Our results show comparable frequency of genetic alteration in nonsmall cell lung cancer to previous studies of Western countries. Microsatellite analysis might have a role as a tumor marker especially in squamous cell carcinoma. Understanding molecular abnormalities involved in the pathogenesis could potentially lead to prevention, earlier diagnosis and the development of novel investigational approaches to the treatment of lung cancer.

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