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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Trends in Pre-service Science Teacher Education Research in Korea (우리나라 예비 과학교사 교육 연구의 동향)

  • Lee, Gyeong-Geon;An, Taesoo;Mun, Seonyeong;Hong, Hun-Gi
    • Journal of The Korean Association For Science Education
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    • v.42 no.1
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    • pp.127-147
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    • 2022
  • Pre-service science teacher education is important to elaborate the quality of science teaching and learning in schools. Therefore, many pre-service science teacher education researches have been done in Korea. However, almost no research has comprehensively reviewed those literatures including secondary teacher education context. This study reviewed 410 pre-service science teacher education researches in Korea, from 1995 to 2021 published by 17 journals in KCI. The trends were analyzed with respect to the number of article according to period, keyword frequency, and qualitative features. The qualitative features were coded in multiple aspects of pre-service teachers' type, major, subject-matter in research context, research approach, data type, and the number of participants. The results indicate that the number of research articles has increased by about 40 for every 5-year period. JKASE has published most articles, and the diversity of journals has increased since 2010. Keyword frequency revealed that scientific concepts, science teaching efficacy, nature of science, and other teaching and learning contexts were emphasized. In qualitative features, the most frequent pre-service type was secondary in 'general' science context. For research topic, 'pre-service teacher education program' and 'perception and cognitive domain' were the most frequent. Most of the articles have 'analyzed' the phenomena or consequence of educational issue. Most research was conducted with 11 to 30 participants. These patterns of qualitative features have differed according to period, and types of pre-service teacher. Suggestions for the future pre-service science teacher education research topic were explored, such as policy-administrative research, integrated science teacher education, teacher agency, and environmental education.

A Study on the Classification System of Cadastral Cultural Heritage : Focusing on LX museum collection (지적 문화유산 분류체계 연구 - LX국토정보박물관 소장품을 중심으로 -)

  • Kim, Ji-Hyun
    • Journal of Cadastre & Land InformatiX
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    • v.54 no.1
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    • pp.63-74
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    • 2024
  • The fundamental basis for revitalizing cultural resources and developing content is national heritage(cultural property). In national heritage, cultural heritage is a tangible cultural heritage that represents the uniqueness of history and tradition, identity, and changes in life. In the case of museums, the collections (a museum-owned cultural heritage) represent the unique characteristics of the institution. In South Korea, it is recommended that museum collections be registered and used in the Cultural Heritage Standard Management System so that cultural heritage can be managed and utilized in connection with academics, industry, and administration. However, due to a lack of awareness of modern and contemporary heritage, the thematic classification chronology of the system was set mainly before the Joseon Dynasty, and a cultural heritage classification system suitable for national land information has not been established. Therefore, this study aims to propose a classification system for cadastral cultural heritage, based on the modern era when cadastral terminology was first used, using the cultural heritage owned by the LX Museum. Cadastral cultural heritage is characterized by the fact that although it is a field of specialized technology, the surveying or the production of it is not done by specific individuals only, and that while the production is professional, there are many educational aspects in its use. Therefore, unlike other specialized museum collections that are classified based on the functional aspects of their production methods, intended use, and creators, the classification method for cadastral cultural artifacts should be based on the characteristics of the cadastral tools and the outputs. This classification follows a three-tier stages with reference to the items in the Cultural Heritage Standard Management System. This classification aims at the effective use of knowledge by categorizing concepts and systematizing the subjects of data into a series of orders. A safe conservation and management environment for cadastral cultural heritage can be established, and academic and socio-cultural interpretation of the collection is possible by this classfication. Moreover, It is also expected to serve the basis for the national land information as well as searching for the national land information research, planning a exhibition, and the field of education in museum.

Antibacterial and Therapeutic Effects of Houttuynia cordata Ethanol extract for Murine Salmonellosis (어성초 ethanol 추출물의 마우스 살모넬라 감염증에 대한 항균 및 치료효과 규명)

  • Kim, Dong-Hyeok;Lim, Jung-Ju;Lee, Jin-Ju;Jung, Won-Chul;Shin, Hyeon-Jin;Lee, Hu-Jang;Kim, Gon-Sup;Kim, Suk
    • Korean Journal of Environmental Agriculture
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    • v.27 no.2
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    • pp.156-162
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    • 2008
  • Salmonellosis is a major bacterial zoonosis that causes a variety of disease syndromes, self-limited enteritis to fatal infection in animals and food-borne infection and typhoid fever in humans. Recently, the emergence of multidrug resistant strains of Salmonella spp. causes more serious problems in environment and public health. The present study was investigated the antibacterial effect of Houttuynia cordata ethanol extract(HCEE) for murine salmonellosis. In the cytotoxic effect of HCEE on RAW 264.7 cells, there was no detectable effect with any concentrations between 25 and 100 ${\mu}g/ml$ after 8 h incubation. The bacteriocidal effect of HCEE was not showed on a Salmonella enterica serovar Typhimurium(S. typhimurium). HCEE makes morphological change of the RAW 264.7 cells, and there was significant decreased bacterial uptake and intracellular replication within Salmonella infected cells. And further nitric oxide(NO) production of Salmonella infected RAW 264.7 cells with HCEE was decreased comparing to RAW 264.7 cells without HCEE until 8 h post infection. Oral administration of HCEE showed a therapeutic effect for S. typhimurium infected BALB/c mice. The mortality of HCEE treated mouse was 80% until 12 days, while that of HCEE untreated mouse was 100 % until 8 days after lethal dose of S. typhimurium infection. These data suggested that HCEE has a potency treatment for intracellular replicative pathogen including salmonellosis, brucellosis, tuberculosis, listeriosis etc., and the application of HCEE makes new strategies for safety medicine development without antibiotic resistance bacterial appearance and residue problem in food and solves the public health problem from antibiotic mis- and over use.

Geology, Mineralization, and Age of the Pocheon Fe(-Cu) Skarn Deposit, Korea (한국 포천 철(-동) 스카른 광상의 지질, 광화작용 및 생성연대)

  • Kim, Chang Seong;Go, Ji Su;Choi, Seon-Gyu;Kim, Sang-Tae
    • Economic and Environmental Geology
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    • v.47 no.4
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    • pp.317-333
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    • 2014
  • The Pocheon iron (-copper) deposit, located at the northwestern part of the Precambrian Gyeonggi massif in South Korea, genetically remains controversial. Previous researchers advocated a metamorphosed (-exhalative) sedimentary origin for iron enrichment. In this study, we present strong evidences for skarnification and Fe mineralization, spatially associated with the Myeongseongsan granite. The Pocheon deposit is composed of diverse carbonate rocks such as dolostone and limestone which are partially overprinted by various hydrothermal skarns such as sodic-calcic, calcic and magnesian skarn. Iron (-copper) mineralization occurs mainly in the sodic-calcic skarn zone, locally superimposed by copper mineralization during retrograde stage of skarn. Age data determined on phlogopites from retrograde skarn stage by Ar-Ar and K-Ar methods range from $110.3{\pm}1.0Ma$ to $108.3{\pm}2.8Ma$, showing that skarn iron mineralization in the Pocheon is closely related to the shallow-depth Myeongseongsan granite (ca. 112 Ma). Carbon-oxygen isotopic depletions of carbonates in marbles, diverse skarns, and veins can be explained by decarbonation and interaction with an infiltrating hydrothermal fluids in open system ($XCO_2=0.1$). The results of sulfur isotope analyses indicate that both of sulfide (chalcopyrite-pyrite composite) and anhydrites in skarn have very high sulfur isotope values, suggesting the $^{34}S$ enrichment of the Pocheon sulfide and sulfate sulfur was derived from sulfate in the carbonate protolith. Shear zones with fractures in the Pocheon area channeled the saline, high $fO_2$ hydrothermal fluids, resulting in locally developed intense skarn alteration at temperature range of about $500^{\circ}$ to $400^{\circ}C$.

Intergrated Ecological Health Assessments in Cho River (초강의 통합적 생태건강성 평가)

  • Choi, Ji-Woong;An, Kwang-Guk
    • Korean Journal of Ecology and Environment
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    • v.39 no.3 s.117
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    • pp.320-330
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    • 2006
  • An integrated health of a lotic ecosystem, Cho River, was evaluated by various approaches such as conventional water quality analysis, physical assessments of Qualitative Habitat Evaluation Index (QHEI), and the bioassay of Index of Biological Integrity (IBI) durin August${\sim}$September 2005. The IBI model used in the study was based on original multivariate metric model and then modified the metric attributes of the model for the regional application. Physical habitat health, based on the QHEI, was estimated using eleven metrics. During the study, values of IBI model averaged 36, which was judged as 'fair' to 'good' conditions. Spatial variations in the model values were evident: the headwater site (S1) was estimated as 48, indicating an 'excellent' condition, and the other sites were estimated 32${\sim}$38, 'good' condition. Values of the QHEI in the all sites averaged 148, which is judged as a good condition. The QHEI values varied from 120 (fair condition) to 199 (excellent condition) depending on the location of the stream. Site 5 (S5) was estimated as 'fair${\sim}$good' condition, while Site 7 (S7) was estimated as 'excellent' condition. The biological health, based on the IBI, reflected the habitat health. However, chemical conditions in terms of pH, turbidity, electric conductivity, dissolved oxygen (DO) did not make a difference in the biological health because of minor chemical differences among the locations.

A Study on Characteristics of Vegetation Distribution according to Revetment Techniques of Riverbank in Han River, Korea (한강 하천제방 호안공법에 따른 식생분포 특성 연구)

  • Kim, Won-Sik;Kwak, Jeong-In;Lee, Kyong-Jae;Han, Bong-Ho
    • Korean Journal of Environment and Ecology
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    • v.25 no.1
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    • pp.17-30
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    • 2011
  • This study has analyzed the vegetation composition in the areas using different slope revetment techniques of riverbanks, in a way to improve the vegetation induction in the future considering the ecological aspects of the induction in Garaeyoul Village, Gangdong-gu, Seoul. The result of the vegetation distribution in each different slope revetment technique was analyzed, that the naturalized herb was dominant in the pole block accounting for 70.7%, while native herb was dominant in the lawn block occupying 48.5% and in the crib block occupying 55.7%. The vegetation coverage measured by different slope revetment techniques was highest in the crib block(average 97.5%), followed by the lawn block(average 95.3%) and pole block(average 27.9%). The vegetation base area was the most wide in the crib block and the most narrowest in the pole block. The result of community analysis in areas using different slope revetment techniques, dry herbs and vine herbs were dominated and the coverage was very poor in the pole block. In the lawn block, the barb was fragmented into narrow areas due to the blocks, which prevented the creation of large-scale plant communities. In the crib block, Miscanthus sacchariflorus, Fescue arundinacea and Aster pilosus, which also consisted of large-scale communities. Average dry weight was also measured by each slope revetment technique. The weight was heaviest in the crib block with $187.63g/m^2$, followed by the lawn block($137.65g/m^2$) and pole block($6.75g/m^2$). The soil moisture contents in the crib block and lawn block was 16.3% and 15.2%, respectively, while that of the pole block was 4.7%, which revealed the highly dry condition of the pole block soil. The analysis result of soil chemical property showed that there was little difference in soil texture, soile acidity(pH), and exchangeable ion content, however, the soil organic matter(OM) content and available $P_2O_5$ were highest in the pole block. In the future, in order to induce more vegetation into river banks and walls, a proper construction method should be applied so that the vegetation area can be expanded as much as possible, considering the safety of the banks.

Introduction and Application for Advanced Group Underwriting Skill (단체보험 언더라이팅 선진기법 도입방안)

  • Kim, C.N.;Back, J.K.;Lee, S.H.;An, J.W.;Chung, S.W.;Lee, S.M.;Jang, J.H.
    • The Journal of the Korean life insurance medical association
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    • v.22
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    • pp.139-169
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    • 2003
  • 국내 보험 산업은 경제발전에 따라 많은 성장을 이루어왔으나 단체보험은 보험 회사의 외부적 또는 내부적 환경으로 인해 활성화가 미흡한 상황이다. 개인보험시장의 포화, 해외시장에서 단체보험의 지속적인 성장, 사회보험 민영화 논의, 방카슈랑스와 보험시장의 개방 등 급격한 변화를 겪고 있는 보험영업환경을 고려한다면 향후 확대될 기업복지시장에서의 성공적 역할수행을 위해서는 단체보험 영업과 지원시스템의 보완이 시급한 과제라고 할 수 있다. 특히 언더라이팅 기법은 단체보험의 핵심역량이며 회사의 경쟁력 강화와 사차익 안정화를 위해서는 단체보험 인수기법의 선진화가 필수요건이다. 단체보험은 대수의 법칙, 수지상등의 원칙 등 보험의 기본원리라는 측면에서는 개인보험과 다른 점이 없지만 하나의 계약을 통해 집단의 피보험자에게 보장을 제공하기 때문에 가지게 되는 역선택 축소, 비용절감, 기업에 의한 1차선택 등 몇 가지 특성들은 인수기법에서의 차이를 필요로 한다. 하지만 국내의 단체보험 언더라이팅은 기본개념조차 제대로 정립되어 있지 못한 초기단계로 단체보험의 특성을 제대로 반영할 수 있는 위험평가를 위해서는 선진기법의 도입이 절실하다. 첫째, 자유보장한도(FREE COVER LIMIT)의 도입이다. 자유보장한도는 단체에 대한 위험과 피보험자 개인의 위험을 구분하는 기준으로 자유보장한도내의 피보험자에 대해서는 고지나 의적 검사를 요구하지 않고 개인별 언더라이팅을 하지 않으며 거절체나 표준하체이더라도 자유보장한도 금액까지는 나머지 정상 피보험자들과 동일한 보장을 제공하는 것을 말한다. 이는 피보험자별 위험을 중심으로 심사하고 있는 현재의 국내 단체보험 인수방법에서 발생되는 고객측 불만과 심사의 비효율성을 개선할 수 있는 방안이다. 둘째, 단체별 특성에 따른 보험요율 차등화이다 단체는 산업의 종류, 피보험자의 직무, 지역적 위치, 크기(피보험자수), 성별구성비 등 여러 가지 특성들을 가지고 있으며 이런 특성들은 보장급부에 따라 발생위험에 영향을 미칠 수 있다. 하지만 현재 나이와 성별에 따라서 피보험자별로 정해지는 요율체계만으로는 이런 위험들을 적절하게 반영하지 못하고 단체별 형평성에도 문제가 생긴다. 따라서 정확한 data 구축을 통해 단체 특성별로 어떤 보장에 어느 정도로 위험 발생에 영향을 미치는지를 분석하여 보험요율을 차등부과 할 수 있는 체계를 갖추어야 한다. 셋째, 경험을 활용한 보험료 산정기법이다. 이것은 개인보험과 구분되는 가장 큰 단체보험만의 특성이라 할 수 있는데 해당 단체의 과거 경험 data 즉 청구로 인한 지급금액을 토대로 당해 계약 보험료를 결정하는 방법이다. 이를 위해서는 과거 경험 data가 얼마나 신뢰할 수 있는 지의 정도(신뢰도)를 측정하는 것이 필요하다. 과학적이고 효율적인 단체보험 인수를 위해서 경험율의 활용은 반드시 이루어져야 할 선결과제이다. 넷째, 관련규정의 정비가 필요하다 단체보험의 특성을 갖기 위해서는 가입가능한 피보험자들의 자격규정(eligibility), 활동적근무 조건(actively at work)이 요구되어야 하며 참여비율(가입비율)과 보장수준의 구성방법에 대해서도 가이드라인 설정을 통해 역선택을 최소화 할 수 있는 제도적 보완이 마련되어야 한다. 이런 선진인수기법의 도입과 함께 단체보험 언더라이터의 필요역량을 개발하고 향상시키는 노력도 병행되어야만 종합금융화, 대형화가 진전되면서 대경쟁의 구도로 바뀌고 있는 국내 보험시장에서의 경쟁력 확보가 가능할 것이다.

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The research for the yachting development of Korean Marina operation plans (요트 발전을 위한 한국형 마리나 운영방안에 관한 연구)

  • Jeong Jong-Seok;Hugh Ihl
    • Journal of Navigation and Port Research
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    • v.28 no.10 s.96
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    • pp.899-908
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    • 2004
  • The rise of income and introduction of 5 day a week working system give korean people opportunities to enjoy their leisure time. And many korean people have much interest in oceanic sports such as yachting and also oceanic leisure equipments. With the popularization and development of the equipments, the scope of oceanic activities has been expanding in Korea just as in the advanced oceanic countries. However, The current conditions for the sports in Korea are not advanced and even worse than underdeveloped countries. In order to develop the underdeveloped resources of Korean marina, we need to customize the marina models of advanced nations to serve the specific needs and circumstances of Korea As such we have carried out a comparative analysis of how Austrailia, Newzealand, Singapore, japan and Malaysia operate their marina, reaching the following conclusions. Firstly, in marina operations, in order to protect personal property rights and to preserve the environment, we must operate membership and non-membership, profit and non-profit schemes separately, yet without regulating the dress code entering or leaving the club house. Secondly, in order to accumulate greater value added, new sporting events should be hosted each year. There is also the need for an active use of volunteers, the generation of greater interest in yacht tourism, and the simplification of CIQ procedures for foreign yachts as well as the provision of language services. Thirdly, a permanent yacht school should be established, and classes should be taught by qualified instructors. Beginners, intermediary, and advanced learner classes should be managed separately with special emphasis on the dinghy yacht program for children. Fourthly, arrival and departure at the moorings must be regulated autonomically, and there must be systematic measures for the marina to be able, in part, to compensate for loss and damages to equipment, security and surveillance after usage fees have been paid for. Fifthly, marine safety personnel must be formed in accordance with Korea's current circumstances from civilian organizations in order to be used actively in benchmarking, rescue operations, and oceanic searches at times of disaster at sea.

Novel LTE based Channel Estimation Scheme for V2V Environment (LTE 기반 V2V 환경에서 새로운 채널 추정 기법)

  • Chu, Myeonghun;Moon, Sangmi;Kwon, Soonho;Lee, Jihye;Bae, Sara;Kim, Hanjong;Kim, Cheolsung;Kim, Daejin;Hwang, Intae
    • Journal of the Institute of Electronics and Information Engineers
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    • v.54 no.3
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    • pp.3-9
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    • 2017
  • Recently, in 3rd Generation Partnership Project(3GPP), there is a study of the Long Term Evolution(LTE) based vehicle communication which has been actively conducted to provide a transport efficiency, telematics and infortainment. Because the vehicle communication is closely related to the safety, it requires a reliable communication. Because vehicle speed is very fast, unlike the movement of the user, radio channel is rapidly changed and generate a number of problems such as transmission quality degradation. Therefore, we have to continuously updates the channel estimates. There are five types of conventional channel estimation scheme. Least Square(LS) is obtained by pilot symbol which is known to transmitter and receiver. Decision Directed Channel Estimation(DDCE) scheme uses the data signal for channel estimation. Constructed Data Pilot(CDP) scheme uses the correlation characteristic between adjacent two data symbols. Spectral Temporal Averaging(STA) scheme uses the frequency-time domain average of the channel. Smoothing scheme reduces the peak error value of data decision. In this paper, we propose the novel channel estimation scheme in LTE based Vehicle-to-Vehicle(V2V) environment. In our Hybrid Reliable Channel Estimation(HRCE) scheme, DDCE and Smoothing schemes are combined and finally the Linear Minimum Mean Square Error(LMMSE) scheme is applied to minimize the channel estimation error. Therefore it is possible to detect the reliable data. In simulation results, overall performance can be improved in terms of Normalized Mean Square Error(NMSE) and Bit Error Rate(BER).