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불공정거래행위 규제에 대한 발전적 입법론에 대하여

  • An, Byeong-Han
    • Journal of Korea Fair Competition Federation
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    • no.150
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    • pp.14-29
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    • 2010
  • 비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

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Pornographic Animation's Sexuality through Japanese Sex Culture (일본의 성문화를 통해 본 포르노그래피 애니메이션의 선정성)

  • Choi, Eun-Hye;Oh, Jin-Hee
    • Cartoon and Animation Studies
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    • s.36
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    • pp.281-302
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    • 2014
  • Human beings have advanced to release instinctive desire. Among the human desires, sexual desire is classed as a basic desire with appetite and has been expressed in many ways from prehistoric times to present. Despite the social and ethical restriction, expression of sexual image has been evolved with change of time and medium's development. Thanks to inventing the photograph technique, Change of pornographic image has showed a dramatic aspect since early 20th century. The video which delivers message more directly than the picture boosted this change, and the animation has experimented the expression methods and techniques numerously exceeding the limit of realistic image which reappeared by the device. In this thesis, I want to discuss how human beings express sexual desire in animation based on society's sex culture, and analyzed Japanese pornographic animation as its obvious cases. Japanese pornographic animation should be interpreted as the result of culture and society system's history. Through Heian, Edo and early Meiji period, Japanese sex culture has been kept very openly and preposterously. Transformation, metamorphosis, pedophilia, tentacle sex and exposure of specific body parts that are frequently appear in Japanese animation can be interpreted by ancient Japanese open sex culture like Wakashu, polygamy, sleeping in mixed sex group and pederasty. These Japanese odd sex culture is hard to find elsewhere and settled as intrinsic sexual expression in Japanese animation. This situation was institutionally severed by European Modernization's force at the end of World War II in 20th century. However, it seems they have been keeping their influence in a proper form until now. In this study, I discussed that pornographic animation should be interpreted in a frame of cultural phenomenon by researching the series of procedure that ancient Japanese open sex culture has been changed by the system. Sexuality which is found in general Japanese animation was started from their history, and the dichotomous expression about women can be understood that it is bent by institutionally regulated sexual opinion. Japanese history and culture can be understood that it is transformed to the dichotomy that are simultaneously according freedom of eroticism to the pornographic animation, and the fear and irresistible temptation about the woman's body as the other.

Reactivity of Human Isolated Gastroepiploic Artery to Constrictor and Relaxant Agents (위대망동맥의 혈관 수축제 및 이완제에 대한 반응)

  • 이종태;이응배;박창률;김인겸;유완식;유영선
    • Journal of Chest Surgery
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    • v.31 no.9
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    • pp.884-892
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    • 1998
  • Background: The gastroepiploic artery is not only an alternative graft but also may be considered an important primary graft for coronary revascularization. However, the long-term patency of the gastroepiploic arterial graft is yet to be determined and the incidence of perioperative spasm and long-term patency of a coronary graft may be affected by the properties of the graft response to certain vasoactive substances. The reactivity of the gastroepiploic artery to vasoactive substances has not been studied extensively and the results of the studies are contradictory. Material and Method: This study was designed to test the reactivity of human gastroepiploic artery to four constrictors and four relaxants. The middle sections of the human gastroepiploic arteries were collected from the patients undergoing gastrectomy and the arterial rings with intact endothelium were suspended in organ baths for isometric tension recording. Result: Epinephrine, norepinephrine, and potassium chloride induced the maximum constriction to higher forces (7.0$\pm$1.1g, 6.6$\pm$0.9g, and 6.5$\pm$1.1g) than 5-hydroxytryptamine did (3.8$\pm$1.7g, p<0.05). Nitroprusside and histamine induced almost full relaxation in the gastroepiploic arteries preconstricted with norepinephrine. There was no significant difference between two relaxants regarding maximum relaxation force. Acetylcholine induced the maximum relaxation to weaker force when compared with nitroprusside and histamine (p<0.05), and isoproterenol was the weakest of the relaxants (p<0.05 compared with acetylcholine). Conclusion: The gastroepiploic artery has a strong capacity of endothelium-dependent relaxation which could have an important influence on long-term patency. The gastroepiploic artery exhibits a potent contractility to catecholamines and the enhanced contractility may facilitate vasospasm in the presence of high circulating levels of catecholamines. Nitroprusside, a potent relaxant in gastroepiploic artery, might be beneficial for the treatment of gastroepiploic arterial graft spasm. The gastroepiploic arterial graft with intact endothelium may respond weakly to beta-adrenoceptor agonist and 5-hydroxytryptamine.

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Effect of Intravenous Administration of Tramadol on the Minimum Alveolar Concentration of Isoflurane in Dogs (개에서 트라마돌의 정맥투여가 아이소플루란의 최소폐포농도에 미치는 영향)

  • Seok, Seong-Hoon;Park, Se-Jin;Lee, Seung-Yong;Jin, So-Young;Kim, Young-Ki;Hwang, Jae-Min;Lee, Hee-Chun;Yeon, Seong-Chan
    • Journal of Veterinary Clinics
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    • v.32 no.4
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    • pp.308-312
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    • 2015
  • This study was aimed to evaluate the effects of tramadol hydrochloride on the minimum alveolar concentration of isoflurane ($MAC_{ISO}$) in dogs. Six healthy, female German shepherd dogs (aged 1-2 years) were used in this study. Anesthesia was induced by mask induction and maintained with isoflurane in oxygen. Mechanical ventilation maintained the end-tidal $CO_2$ partial pressure ($P_{ET}CO_2$) from 35 to 45 mmHg throughout the study. A baseline $MAC_{ISO}$ ($MAC_{ISO}B$) was determined starting 45 minutes after induction of anesthesia by clamping a pedal digit until gross purposeful movement was detected. After $MAC_{ISO}B$ determination, dogs received a tramadol loading dose of 3 mg/kg followed by a continuous rate infusion (CRI) of 2.6 mg/kg/h. The determination of $MAC_{ISO}$ after administration of tramadol ($MAC_{ISO}T$) began 20 min after the start of the CRI. Arterial blood pressure and heart rate were recorded continuously and arterial blood samples for blood gas analysis were collected at the end of the equilibration period. Mean ${\pm}$ SD values for the $MAC_{ISO}B$ and $MAC_{ISO}T$ were $1.33{\pm}0.04%$ and $1.23{\pm}0.04%$, respectively. The $MAC_{ISO}B$ decreased significantly by $7.5{\pm}0.2%$ (P < 0.05) after administration of tramadol. The mean heart rate and arterial blood pressure of six dogs were not changed significantly after tramadol administration. The blood gas levels remained constant during the study. In conclusion, tramadol could significantly reduce $MAC_{ISO}$ without depression of cardiorespiratory function. Thus, the use of tramadol on inhalation anesthesia with isoflurane in dogs can improve the stability of anesthesia and the quality of recovery.

Microbial Hazard Analysis of Manufacturing Processes for Starch Noodle (당면의 제조공정별 미생물학적 위해요소 분석)

  • Cheon, Jin-Young;Yang, Ji Hye;Kim, Min Jeong;Lee, Su-Mi;Cha, Myeonghwa;Park, Ki-Hwan;Ryu, Kyung
    • Journal of Food Hygiene and Safety
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    • v.27 no.4
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    • pp.420-426
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    • 2012
  • The purpose of this study was to identify control points through microbiological hazard analysis in the manufacturing processes of starch noodles. Samples were collected from the ingredients, manufacturing processes, equipment and environment. Microbiological hazard assessments were performed using aerobic plate counts (APC), Enterobacteriaceae (EB), E. coli and five pathogens including B. cereus, E. coli O157:H7, L. monocytogenes, Salmonella spp., and S. aureus. The APC levels in raw materials were from 2.12 to 3.83 log CFU/g. The contamination levels after kneading were 4.31 log CFU/g for APCs and 2.88 log CFU/g for EB counts. APCs decreased to 1.63 log CFU/g and EB were not detected after gelatinization, but their levels slightly increased upon cooling, cutting, ripening, freezing, thawing, and separating. The reuse of cooling and coating water would be a critical source of microbial increase after cooling. After drying, APCs and EB counts decreased to 5.05 log CFU/g and 2.74 log CFU/g, respectively, and the levels were maintained to final products. These results suggest that the cooling process is a critical control point for microbiological safety, and the cooling water should be treated and controlled to prevent cross contamination by pre-requisite program.

A Study on the Application of Bushings Fire Prevent Structure to Prevent Fire Spread of Transformer (변압기의 화재확산 방지를 위한 부싱 방화구조체 적용에 관한 연구)

  • Kim, Do-Hyun;Cho, Nam-Wook;Yoon, Choung-Ho;Park, Pil-Yong;Park, Keun-Sung
    • Fire Science and Engineering
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    • v.31 no.5
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    • pp.53-62
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    • 2017
  • Electric power which is the energy source of economy and industries requires long distance transportation due to regional difference between its production and consumption, and it is supplied through the multi-loop transmission and distribution system. Prior to its actual use, electric power flows through several transformations by voltage transformers in substations depending on the characteristics of each usage, and a transformer has the structure consisting of the main body, winding wire, insulating oil and bushings. A transformer fire that breaks out in substations entails the primary damage that interrupts the power supply to houses and commercial facilities and causes various safety accidents as well as the secondary economic losses. It is considered that causes of such fire include the leak of insulating oil resulting from the destruction of bottom part of bushings, and the chain reaction of fire due to insulating oil that reaches its ignition point within 1 second. The smoke detector and automatic fire extinguishing system are established in order to minimize fire damage, but a difficulty in securing golden time for extinguishing fire due to delay in the operation of detector and release of gas from the extinguishing system has become a problem. Accordingly, this study was carried out according to needs of active mechanism to prevent the spread of fire and block the leak of insulating oil, in accordance with the importance of securing golden time in extinguishing a fire in its early stage. A bushings fireproof structure was developed by applying the high temperature shape retention materials, which are expanded by flame, and mechanical flame cutoff devices. The bushings fireproof structure was installed on the transformer model produced by applying the actual standards of bushings and flange, and the full scale fire test was carried out. It was confirmed that the bushings fireproof structure operated at accurate position and height within 3 seconds from the flame initiation. It is considered that it could block the spread of flame effectively in the event of actual transformer fire.

The Study On Quality Control of Magnetic Resonance Imaging System (자기공명영상장치의 정도관리에 관한 연구)

  • Jeong, Cheon-Soo;Lim, Cheong-Hwan
    • The Journal of the Korea Contents Association
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    • v.9 no.6
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    • pp.178-186
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    • 2009
  • The quality control is needed to ensure the accuracy of medical information and achieved by evaluating the performance of and maintaining the system and practicing various measurements and evaluations. The Korean Institute for Accreditation of Medical Image, therefore, have held educational program for quality control of special medical equipments. The major of programs participants, however, are radiology specialists with only small number of radiological technologists from some hospitals, furthermore, the follow-up education and the share of information between participants and non-participants are insufficient in general, thus, the knowledge level of radiological technologists, regardless of their participation, is relatively low. This study carried out the questionnaire research for the 500 radiological technologists registered in Korean Society of MRI Technology, on the basis of 2008, and performed analysis for five months from May to Oct., 2008. The questionnaires were delivered by post to each radiological technologists and the response rate was 36%(n=180). The results of this revealed that the 86.7% of respondents felt the necessity of inspection on quality management, while only the 27.8% completed the educational program for manager of special medical equipment. and only the half(53.9%) had the knowledge about inspection on quality management. The completion of educational program had no correlations with sex, age, size of occupying hospital, the number of radiological technologists in occupying site and MRI laboratory, career year of general radiologist and in MRI laboratory, and the presence of biomedical engineering department in occupying hospital. The 78.0% of participants at the educational program for quality management held by the Korean Institute for Accreditation of Medical Image had the knowledge about inspection on quality management(p<.05) whereas the 43.9% of the hospitals held such program and the 54.4% of radiological technologists from those hospitals had related knowledge, which indicated that such programs held by hospitals had not effects on the knowledge level of radiological technologists. This indicates also that the contents, methods, and other conditional factors of educational programs are important for the outcome of them.

Clinical Effects of an Improved Pump Reaction Rate and Automatic Occlusion Sensing System in Phacoemulsification (수정체유화장치의 초음파 출력속도 및 자동막힘감지 기능 향상의 술 후 임상결과 비교)

  • Kim, You Na;Lee, Jin Ah;Kim, Jae Yong;Kim, Myoung Joon;Tchah, Hung Won
    • Journal of The Korean Ophthalmological Society
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    • v.59 no.11
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    • pp.1017-1023
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    • 2018
  • Purpose: A recently introduced phacoemulsification system, the WhiteStar $Signature^{(R)}$ PRO, has demonstrated improved nucleus followability and cutting efficiency via an improved pump regulator with a higher reaction response and an automatic occlusion sensing system. In this study, we compared various phacoemulsification parameters between the new system and an older version of the device. Methods: A total of 80 eyes of 68 patients with cataracts who had undergone phacoemulsification by a single surgeon were included in this study. Forty eyes of patients underwent phacoemulsification using the older $Signature^{(R)}$ system (WhiteStar); these patients were classified as the control group. Another 40 eyes of patients underwent phacoemulsification with the newer enhanced system, the WhiteStar $Signature^{(R)}$ PRO; these patients were assigned to the experimental group. During the operation, operative parameters, including the effective phaco time (parameter of effective phaco time with a specific coefficient for the transversal movement expressed in seconds, EFX), ultrasound time (seconds [s]), effective phacoemulsification time (EPT, s), average phacoemulsification power (AVG, %), and balanced salt solution usage, were measured to determine the performance enhancement offered by the updated system. Central corneal thickness was measured before and after surgery to compare corneal edema. The relationships between the two groups were analyzed using an independent t-test. Results: The Signature $PRO^{(R)}$ system showed a lower EFX (p < 0.001), a shorter EPT (p < 0.001), and a smaller AVG (p < 0.001). Postoperative corneal thickness did not differ significantly between the two groups. Conclusions: Comparing the efficacy of the improved reaction speed of the device and automatic occlusion sensing system in performing phacoemulsification, the updated Signature $PRO^{(R)}$ system demonstrated superior followability and cutting efficiency regardless of nuclear cataract hardness.

Assessment of Refuge Safety in Accomodations According to Awareness and Usability of Descending Life Lines and Simple Descending Life Lines (완강기 및 간이완강기의 인지·사용능력에 따른 숙박시설의 피난안전성 평가)

  • Han, Dong-Gew;Kong, Ha-Sung
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.4
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    • pp.11-21
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    • 2019
  • The purpose of this study is to evaluate the awareness and usability of descending life lines and simple descending life lines for fire situations in the accommodation of the public officials who are responsible for supervising the installation and maintenance of descending life lines and simple descending life lines. The main results of the study are summarized as follows. First, in comparison of the ability to distinguish between descending life lines and simple descending life lines, the majority of female public officers in general administrative services do not have the ability to distinguish between descending lifelines and simple descending life lines, so they should be able to improve their ability to distinguish descending life lines. Also, institutional strategies are needed to regularly receive education through the Safety Experience Center in order to prevent safety accidents such as falling in emergency situations. Second, as a result of verifying reusability of simple descending life lines by gender and occupation, most public officers with the exception of half of the firefighting officers were analyzed as having no ability to reuse the simple descending life lines. Therefore, it is necessary to change the relevant laws so that only the installation of descending life lines which can be used continuously is permitted, except for the simple descending life lines among the evacuation instruments to be additionally installed in each room of the accommodation. Third, in terms of the ability to perceive the maximum load of the descending life lines according to occupation, the perception ability of the rescuers was the highest and the perception ability of the fire service personnel was the lowest. In order to improve the perception abilities of the fire service personnel, it is necessary to strengthen the theoretical and practical education of descending life lines in collective education such as the command-enhancing training which is regularly carried out in fire service academy. Lastly, it is believed that it is more effective to conduct the experience training of the descending life lines by imagining the fire in accomodations rather than other facilities, because it is the location where fires are actually seen the most.

Effect of Physical Control Technology on Aspergillus ochraceus Reduction (물리적 제어기술이 Aspergillus ochraceus 저감화에 미치는 영향)

  • Lee, Eun-Seon;Kim, Jong-Hui;Kim, Bu-Min;Oh, Mi-Hwa
    • Journal of Food Hygiene and Safety
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    • v.36 no.5
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    • pp.447-453
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    • 2021
  • In this study, the effectiveness of physical control technology, a combined light sterilization (LED, UV) and hot water treatment in reducing Aspergillus ochraceus for food production environment was investigated. In brief, 1 mL aliquot of A. ochraceus spore suspension (107-8 spore/mL) was inoculated onto stainless steel chips, which was then dried at 37℃, and each was subjected to different physical treatment. Treatments were performed for 0.5, 1, 2, 5, 8, and 11 hours to reduce the strains using a light-emitting diode, but no significant difference was confirmed among the treatments. However, a significant reduction was observed on the chips treated with UV-C exposure and hot water immersion. After being treated solely with 360 kJ/m2 of UV-C on stainless steel chip, the fungi were significantly reduced to 1.27 log CFU/cm2. Concerning the hot water treatment, the initial inoculum amount of 6.49 log CFU/cm2 was entirely killed by immersion in 83℃ water for 5 minutes. Maintaining a high temperature for 5 minutes at the site is difficult. Thus, considering economic feasibility and usability, we attempted to confirm the appropriate A. ochraceus reduction conditions by combining a relatively low temperature of 60℃ and UV rays. With the combined treatments, even in lukewarm water, A. ochraceus decreased significantly through the increases in the immersion time and the amount of UV-C irradiation, and the yield was below the detection limit. Based on these results, if work tools are immersed in 60℃ lukewarm water for 3 minutes and then placed in a UV sterilization device for more than 10 minutes, the possibility of A. ochraceus cross-contamination during work is expected to be reduced.