• Title/Summary/Keyword: 증거개시

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Authorities and Duties of Arbitrators Under the Korean Arbitration Act and the American Arbitration Acts (한.미 중재법상의 중재인의 권한과 의무)

  • Park, Chul-Gyoo
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.315-341
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    • 2006
  • 이 논문은 1999년에 전면 개정된 한국의 중재법과 1925년에 제정된 미국의 연방중재볍 및 2000년에 제시된 개정통일중재법의 내용 중 중재인의 권한과 의무들에 관한 규정들을 비교 분석한 것이다. 우선, 미국 중재법의 기본법이라 할 수 있는 연방중재법은 1925년에 제정된 이래 중재 이슈에 관한 발전들을 담아내지 못한 채 진부한 과거의 법률을 그대로 유지하고 있다. 따라서, 중재인의 권한과 의무에 대해서도 중재판정과 같은 기본적인 권한 규정 외에 중재인의 임시적 처분이나 민사책임의 면제, 고지 의무등 새롭게 진전된 중재 환경의 변화나 논의들이 다루어지지 않고 있다. 그러나, 미국의 통일주법위원전미협의회가 주체가 되어 제시한 2000년의 개정통일중재법은 중재이론이나 케이스의 발전들을 반영하였을 뿐만 아니라, 중재인의 권한과 의무에 대해서도 훨씬 구체적인 규정들을 담아내고 있다. 개정통일중재법은 중재언의 권한을 개정 이전보다 훨씬 강화하는 대신, 보다 엄격한 윤리적 의무를 부과함으로써 균형을 유지하려 하고 있다. 특히, 중재인의 올바른 중재판정을 이끌어 내기 위해 증거 확보에 있어 보다 강한 절차적 권한을 부여하고 있는 것이 특정이다. 아울러, 중재인으로 하여금 임시적 처분을 내릴 수 있는 권한을 부여하고 있을 뿐만 아니라, 징벌적 배상을 결정할 수 있게까지 규정하고 있다. 그러나, 중재인의 절차적 권한의 강화는 동법이 의도한 바와는 달리 중재를 재판에 유사한 구조로 만듦과 동시에, 중재의 신속성과 최종성을 해치는 결과를 초래하는 것이 아닌가 하는 우려와 지적을 낳기도 한다. 한편, 한국의 중재법은 중재인의 임시적 처분권한과 고지의무를 규정하고 있지만, 미국의 개정통일중재법과 달리 민사적 책임면제 규정을 두고 있지는 않다. 특히, 한국 중재법에서 중재인은 증거를 수집하기 위하여 당사자의 임의적 협조에 의존하지만, 미국의 개정통일중재법에서는 증거개시제도까지 채택하고, 제 3 자도 소환할 수 있는 등 중재인의 절차적 권한이 훨씬 강하므로 한국 중재법에서 중재인의 절차적 권한은 미국의 개정통일중재법에서의 그것보다는 훨씬 제한적이다. 한국의 중재를 더욱 실효성 있게 하기 위해서는 중재법에서 중재인의 절차적 권한에 관한 규정을 보완해 주어야 할 것이다. 또 성공적인 중재를 위해서는 중재인의 전문성과 함께 윤리의식이 중요하므로 상사중 재원은 별도의 중재인 윤리규정을 제정해야 할 것이다.

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수컷 흰쥐 생식기관에서의 5-HT 수용체 아형의 유전자 발현과 조절

  • Lee, Jong-Hwa;Lee, Gyeong-Yeop;Jeon, Yun;Lee, Seong-Ho
    • Proceedings of the Korean Society of Developmental Biology Conference
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    • 2003.10a
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    • pp.65-65
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    • 2003
  • Serotonin(5-hydroxytriptamine, 5-HT)은 biogenic amlne류 신경전달물질로써, 다양한 생리조절활성을 갖고있다. 생식과 관련된 5-HT 기능으로 최근 사정 기능의 조절 가능성이 제시되었는데, 항우울제로 흔히 사용되는 selective serotonin reuptake inhibitor(SSRI) 계 약물을 장기 투여할 때 Premature ejaculation이 개선된다는 임상적인 증거들이 보고되었다. 본 연구는 수컷 흰쥐를 사용하여 생식기관, 특히 사정과 관계되는 기관들에서의 5-HT 수용체 아형들의 유전자 발현 여부와 그 조절 기작을 조사하였다. 흰쥐 수컷의 생식장기들인 고환, 부정소, 정관, 정낭에서 사정현상에 관여하리라 추정되는 세로토닌 수용체 아형들(type 1A, 1B, 2C)의 유전자 발현을 RT-PCR과 Southern blot으로 확인하였다. SSRI(sertraline)을 흰쥐에 매일 투여하는 모델(25mg/개체, 2주간)에서 1A 아형의 발현의 경우 정낭에서는 감소하였으나 정관에서는 증가하였고, 1B 아형의 발현은 두 장기에서 공히 증가하였다. 고환 제거후 testosterone(T) 보충 실험 모델을 사용한 실험에서, 정낭에서의 1A와 1B 발현은 T 보충에 의해 감소하였고, 정관에서는 큰 변화가 없었다. 한편 고환, 정낭과 정관에서의 세로토닌 수용체 아형 1A와 1B의 발현은 사춘기의 개시와 함께 증가하였다가 이후 점차 감소하는 경향을 보였다. 본 연구 결과는 사정 현상에 있어서 말초성 세로토닌 시스템이 중요한 역할을 담당할 가능성을 시사하는 것으로써, (i) 고등 포유동물에서의 사정 기작의 조절에 대한 과학적인 이해를 증진시키고, (ⅱ) 세로토닌 수용체 아형간의 특이한 발현과 작용에 대한 이해를 통해 보다 효과적인 사정 부전 치료법 개발을 시도할 수있고, (ⅲ) ontogeny와 sex steroid 의존성에 관련된 연구 시도는 노화와 관련된 사정능력의 변화와 같은 남성과학 분야로의 접목을 기할 수 있다고 사료된다.

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Effect of Vinclozolin Administration on the Gene Expressions in Hypothalamus-Pituitary Axis of Immature Female Rats (미성숙 암컷 흰쥐 시상하부-뇌하수체 축 상의 유전자 발현에 미치는 Vinclozolin 투여 효과)

  • Lee, Woo-Cheol;Lee, Sung-Ho
    • Development and Reproduction
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    • v.12 no.1
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    • pp.97-105
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    • 2008
  • Vinclozolin (VCZ) is a systemic fungicide commonly used in fruits, vegetables and the wine industry. VCZ and its metabolites, butenoic acid (M1) and enanilide (M2) derivatives, act as anti-androgens through actions on the androgen receptor. Although there is growing body of evidence that VCZ's action as an endocrine disrupting chemical (EDC) in male reproductive physiology and pathphysiology, no evidence on the VCZ's EDC action in female is available yet. Previously we found that the prepubertal VCZ exposures could effectively delay the onset of puberty in female rats, suggesting the postponed or weakened activities of hypothalamus-pituitary-ovary (H-P-O) reproductive hormonal axis. The present study was performed to examine whether the VCZ administration affects the transcriptional activities of reproductive hormone-related genes in the same animal model. VCZ (10 mg/kg/day) was administered daily from postnatal day 21 (PND 21) through the day when the first vaginal opening (V.O.) was observed. To determine the transcriptional changes of reproductive hormone-related genes in hypothalamus and pituitary, total RNAs were extracted and applied to the semiquantitative reverse transcription polymerase chain reaction (RT-PCR). As a result, treatment with VCZ significantly lowered the transcriptional activity of nitric oxide synthase-2 (NOS-2) which is known to adjust gonadotropin-releasing hormone (GnRH) secretion in the hypothalamus (p<0.01). Similarly, the mRNA levels of KiSS-1, G protein-coupled receptor 54 (GPR54) and GnRH were significantly decreased in hypothalamus (p<0.01) from VCZ-treated group. As expected, the transcriptional activities of luteinizing hormone-${\beta}$ (LH-${\beta}$) and follicle stimulating hormone-${\beta}$ (FSH-${\beta}$) in the anterior pituitary from VCZ-treated group were also significantly lower than those from the control group. The present study indicates that(i) the inhibitory effect of VCZ exposure on the onset of puberty in immature female rats could be derived from the reduced transcriptional activities of gonadotropin subunits and their upstream modulators such as GnRH and KiSS-1 in hypothalamus-pituitary neuroendocrine axis, and (ii) these inhibitory effects could be mediated by NO signaling pathway.

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Quaternary Geology and Paleoecology of Hominid Occupation of Imjin Basin (임진강유역 구석기 공작의 고생태학적 배경)

  • Seonbok Yi
    • The Korean Journal of Quaternary Research
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    • v.2 no.1
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    • pp.25-50
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    • 1988
  • The survival of rich evidence of palaeolithic occupation found in the Imjin-Hant'an River basin was possible due to many fortuitous geological conditions provided there. Formation of the basalt plain in a narrow valley system which developed during the late Mesozoic insured the appearance of a basin of sedimentation in which archaeological sites would be preserved with relatively minor post-depositional disturbance. Geomagnetic and K-Ar dating indicates that lava flows occurred during the Brunes Normal Epoch. During and after the process of basin sedimentation, erosion of the plain was confined to the major channel of the present river system which developed along the structural joints formed by the lava flow. Due to characteristic columnar structure and platy cleavage of the basalt bedrock, erosion of the basalt bedrock occurred mainly in vertical direction, developing deep but narrow entrenched valleys cut into the bedrock. Consequently, the large portion of the site area remained intact. Cultural deposits formed on top of the basalt plain were left unmodified by later fluvial disturbances due to changes in the Hant'an River base-level, since they were formed about 20 to 40m above the modern floodplain. Sedimentological evidence of cultural deposits and palynological analysis of lacustrine bed formed in the tributary basin of the Hant'an River indicate that hominid occupation occurred in this basin under rapidly deteriorating climatic conditions. From three thermoluminescence dates, the timing of hominid occupation as represented by 'Acheulian-like' bifaces apparently occur sometime during 45,000 BP. Thus, deposition of cultural layers in this basin approximately coincides with the beginning of the second stadial of the final glacial, during which the Korean Peninsula must have had provided a sanctuary for prolonged human occupation.

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Role of Ghrelin in the Control of Reproductive Endocrine Function (포유류 생식 내분비 기능 조절에서 Ghrelin의 역할)

  • Lee, Sung-Ho
    • Development and Reproduction
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    • v.13 no.4
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    • pp.207-215
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    • 2009
  • Numerous factors can affect the activities of hypothalamus-pituitary-gonad (HPG) hormonal axis, resulting in alteration of reproductive capacity or status such as onset of puberty and menopause. Soon after the finding of leptin, a multifunctional hormone secreted from adipocytes, a close relationship between reproduction and body energy balance have been manifested. Ghrelin, another multifunctional hormone from gastrointestinal tract, is an endogenous ligand of growth hormone secretagogue receptor (GHSR), and is thought to be a counterpart of leptin in the regulation of energy homeostasis. As expected, ghrelin can also modulate the reproductive capacity through the modulation of activities of HPG axis. This paper summarizes the current knowledge on the discovery, gene structures, tissue distribution and roles of ghrelin and GHSRs in mammalian reproduction in particular modulation of reproductive hormone secretion in HPG axis. Like POMC gene expression in pituitary gland, preproghrelin gene can generate a complex repertoire of transcripts which further undergo alternative splicing and posttranslational modifications. Concerning the roles of preproghrelin gene products in the control of body physiology except energy homeostasis, limited knowledge is available so far. Several lines of evidence, however, show the interplay of ghrelin between metabolism and reproduction. In rat and human, the distribution of ghrelin receptor GHSRs (GHSR1a and GHSR1b) has been confirmed not only in the hypothalamus and pituitary which were originally postulated as target of ghrelin but also in the testis and ovary. Expression of the preproghrelin gene in the brain and gonads was also verified, suggesting the local role (s) of ghrelin in HPG axis. Ghrelin might play a negative modulator in the secretions of hypothalamic GnRH, pituitary gonadotropins and gonadal steroids though the action on pituitary is still questionable. Recent studies suggest the involvement of ghrelin in regulation of puberty onset and possibly of menopause entry. It is now evident that ghrelin is a crucial hormomal component in 'brain-gut' axis, and is a strong candidate links between metabolism and reproduction. Opposite to that for leptin, ghrelin signaling is likely representing the 'hunger' state of body energy balance and is necessary to avoid the energy investment into reproduction which has not a top priority in maintaining homeostasis. Further researches are needed to gain a deep insight into the more precise action mechanism and role of ghrelin in reproduction, and to guarantee the successful biomedical applications.

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Current Trend of European Competition Damage Actions (유럽 경쟁법상 손해배상 청구제도의 개편 동향과 그 시사점)

  • Lee, Se-In
    • Journal of Legislation Research
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    • no.53
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    • pp.525-551
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    • 2017
  • This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

Effect of Di(2-ethyl hexyl)phthalate(DEHP) on the Onset of Puberty in Female Rat (암컷 흰쥐의 사춘기 개시에 미치는 di(2-ethyl hexyl)phthalate(DEHP)의 효과)

  • Lee, Kyeung-Yeup;Lee, Sung-Ho
    • Development and Reproduction
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    • v.10 no.2
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    • pp.147-154
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    • 2006
  • Phthalates such as di(2-ethyl hexyl)phthalate(DEHP) are industrial chemicals with wide-ranging human exposures because of their use in plastics and other common consumer products. Consequently, their adverse effects as endocrine disruptor in the reproductive physiology of both laboratory rodents and human have been studied extensively. The present study was undertaken to examine whether prepubertal exposure to DEHP affects on the onset of puberty and the associated reproductive parameters such as hormone receptor expressions in female rats. DEHP(100mg/kg/day) was administered daily from postnatal day 25(PND 25) through the day when the first vaginal opening(VO) was observed, and the animals were sacrificed on the next day. Gross anatomy and weight of reproductive tissues were compared to test the DEHP's effects on the cell proliferation. Furthermore, histological studies were performed to assess the structural alterations in the tissues. Specific radioimmunoassay was carried out to measure serum LH levels. To determine the transcriptional changes in progesterone receptor(PR), total RNAs were extracted and applied to the semi-quantitative reverse transcription polymerase chain reaction(RT-PCR). As a result, delayed VO was shown in the DEHP group(PND $37.3{\pm}0.7$) compared to the control group(PND $35.3{\pm}0.7$; p<0.05). DEHP treatment significantly decreased the wet weight of ovaries and uteri compared to the control group(p<0.05). Interestingly, elevation of serum LH levels was shown in the DEHP group(p<0.05). Graafian follicles and corpora lutea were observed only in the ovaries from the control animals. Numerous primary, secondary follicles and small atretic follicles were observed in the ovaries from DEHP-treated animals. Similarly, hypotrophy of luminal and glandular uterine epithelium was found in the DEHP-treated group. These effects were probably due to the inhibitory effects of DEHP on the synthesis and secretion of estrogen from granulosa cells. In the semiquantitative RT-PCR studies, the transcriptional activities of PR in both ovary(p<0.05) and uterus(p<0.01) from DEHP-treated animals were significantly lower than those from the control animals. The present studies demonstrated that the acute exposure to DEHP during the critical period of prepubertal stage could inactivate the reproductive system resulting delayed puberty in female rats.

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Determinants of the Ownership Structure of Franchise Systems: Theory and Evidence (프랜차이즈 시스템의 소유구조 결정요인: 이론과 증거)

  • Lim, Young-Kyun;Byun, Sook-Eun;Oh, Seung-Su
    • Journal of Distribution Research
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    • v.16 no.3
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    • pp.33-75
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    • 2011
  • The ownership structure of a franchise system is determined by the franchisor's strategic choice. A close look at the extant theories and perspectives in economics and management such as resource scarcity theory, agency theory, transaction cost analysis, and mixed ownership theory reveals that firms choose their ownership structure for the sake of economic efficiency, profit potentials, the chance of survival, and other strategic concerns. The present study, on the basis of strategic choice perspective, reviews the divergent theories of a franchise system's ownership structure and its determinants, thus providing a theoretical framework for comparing the contradictory arguments along the several critical dimensions. We also developed and tested the conflicting hypotheses regarding key determinants of ownership structure including firm's age, size, transaction-specific investments, uncertainty, and risk-sharing propensity. Using a FDD (Franchise Disclosure Document) data set of 543 Korean franchisors, we found that the years in business, the total number of employees, days of training, the inverse of the years of franchising, and the requirement of royalty payment have positive relationships with the proportion of company-owned outlets to total number of outlets. On the other hand, the proportion of company-owned outlets was found to have negative relationships with the total number of outlets and the extent of geographic dispersion of outlets, but to have no significant relationships with the initial investment required and the inverse of contract length. Based on the findings, we provide several theoretical and managerial implications for studying ownership structure of franchise systems.

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Embryology of Jeffersonia dubia Baker et S. Moore (Berberidaceae) and comparison with allied genera (깽깽이풀의 발생과 근연속간 비교)

  • Ghimire, Balkrishna;Heo, Kweon
    • Korean Journal of Plant Taxonomy
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    • v.42 no.4
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    • pp.260-266
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    • 2012
  • Because the embryological features of Jeffersonia dubia are poorly understood, we conducted the first embryological study comparing it to other related genera of Berberidaceae. Important embryological features of J. dubia are as follows: the anther is tetrasporangiate, anther wall formation confirms basic type, glandular tapetum cells are two nucleate, the epidermis persistent, and the endothecium develops fibrous thickenings, anther dehiscence by two valves, meiosis in a microspore mother cell is accompanied by simultaneous cytokinesis, microspore tetrads are usually tetrahedral, pollen grains two cells at the time of anthesis. The ovule is bitegmic, anatropous and crassinucellate, archesporium single celled, development of the embryo sac Polygonum type, a mature embryo sac is ellipsoidal in shape. Endosperm formation is of Nuclear type and embryogeny Onagrad type. Seeds are arillate and seed coat exotestal type. Embryological comparisons showed that Jeffersonia resemble to Epimedium and Vancouveria rather than Berberis and Mahonia in some features, like as number of tapetal cells, cytokinesis in meiosis, and thickness of exotesta. It also resembles to Gymnospermium in mode of anther wall formation, number of tapetal cells, formation of nucellar cap, and nature of antipodal cells. Nevertheless, Jeffersonia and Gymnospermium differ from several other embryological features and molecular data too. Therefore, embryological evidences support that Jeffersonia is closely related with Epimedium and Vancouveria.

Anti-cancer Properties and Relevant Mechanisms of Cordycepin, an Active Ingredient of the Insect Fungus Cordyceps spp., (동충하초 유래 cordycepin의 항암 활성 기전 최근 연구 동향)

  • Jeong, Jin-Woo;Choi, Yung Hyun
    • Journal of Life Science
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    • v.25 no.5
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    • pp.607-614
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    • 2015
  • Cancers are the largest cause of mortality and morbidity all over the world. Cordycepin, an adenosine analog, is a major functional component of the Cordyceps species, which has been widely used in traditional Oriental medicine. Over the last decade, this compound has been reported to possess many pharmacological properties, such as an ability to enhance immune function, as well as anti-inflammatory, antioxidant and anti-cancer effects. Recently, numerous studies have reported interesting properties of cordycepin as a chemopreventive agent as well. There is an accumulating body of experimental evidences suggesting that cordycepin impedes cancer progression by promoting apoptosis, inducing cell cycle arrest, modulating intracellular signaling pathways, and inhibiting invasion and metastasis of cancer cells. In many cancer cell lines, cordycepin inhibits growth and cell cycle progression by inducing arrest of the G2/M phase, resulting from the inhibition of retinoblastoma protein phosphorylation and induction of cyclin-dependent kinase inhibitors. To induce apoptosis, cordycepin activates the extrinsic and intrinsic pathways, which promotes reactive oxygen species generation and the downstream activation of kinase cascades. Cordycepin also can activate alternative pathways to cell death such autophagy. In addition, cordycepin can inhibit the pro-metastatic processes of cancer cell detachment, migration, and invasion through a variety of mechanisms, including the nuclear factor-kappa B and activated protein-1 signaling pathways. In this review, we summarized the variety of action mechanisms by which cordycepin may mediate chemopreventive effects on cancer and discussed the potential of this natural product as a promising therapeutic inhibitor of cancer development.