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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Lower Limbs Muscle Comparative Research for Verification Effect of Rehabilitation Training Program of Total Hip Arthroplasty (재활운동 프로그램에 참가한 엉덩인공관절 수술자의 하지근력 변화에 대한 비교연구)

  • Jin, Young-Wan
    • Journal of Life Science
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    • v.20 no.4
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    • pp.543-548
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    • 2010
  • The purpose of this study was to examine the differences in kinetics between 6 months of rehabilitation training and 12 months of rehabilitation training after total hip arthroplasty. 10 unilateral THA participants performed kinetic tests. Three dimensional kinematics and hip flexors and abductors electromyography (EMG) were collected during each trial. T-test was used for statistical analysis (p<0.05). There was no significant difference in EMG data between the two groups, but the mean comparison EMG data was higher in the 12 months rehabilitation training group than the 6 months rehabilitation training group. The moment value was found with motion-dependent interaction analyzing method which was used by Feltner and Dapena. There was no significant difference between moment values of the two groups. There was no significant difference between ground reaction forces of the two groups; however, there were some differences shown in Fz (vertical reaction force) between the two groups ($892{\pm}104\;N$, $820{\pm}87\;N$). The first peak impact force was about 9% lower in the 12 months group compared to the 6 months group. The second peak active force was nearly equal between the two groups. More research is necessary to determine exactly what constitutes optimal rehabilitation training biomechanics for patients with total hip arthroplasty.

Scheme on Environmental Risk Assessment and Management for Carbon Dioxide Sequestration in Sub-seabed Geological Structures in Korea (이산화탄소 해양 지중저장사업의 환경위해성평가관리 방안)

  • Choi, Tae-Seob;Lee, Jung-Suk;Lee, Kyu-Tae;Park, Young-Gyu;Hwang, Jin-Hwan;Kang, Seong-Gil
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.12 no.4
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    • pp.307-319
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    • 2009
  • Carbon dioxide capture and storage (CCS) technology has been regarded as one of the most possible and practical option to reduce the emission of carbon dioxide ($CO_2$) and consequently to mitigate the climate change. Korean government also have started a 10-year R&D project on $CO_2$ storage in sea-bed geological structure including gas field and deep saline aquifer since 2005. Various relevant researches are carried out to cover the initial survey of suitable geological structure storage site, monitoring of the stored $CO_2$ behavior, basic design of $CO_2$ transport and storage process and the risk assessment and management related to $CO_2$ leakage from engineered and geological processes. Leakage of $CO_2$ to the marine environment can change the chemistry of seawater including the pH and carbonate composition and also influence adversely on the diverse living organisms in ecosystems. Recently, IMO (International Maritime Organization) have developed the risk assessment and management framework for the $CO_2$ sequestration in sub-seabed geological structures (CS-SSGS) and considered the sequestration as a waste management option to mitigate greenhouse gas emissions. This framework for CS-SSGS aims to provide generic guidance to the Contracting Parties to the London Convention and Protocol, in order to characterize the risks to the marine environment from CS-SSGS on a site-specific basis and also to collect the necessary information to develop a management strategy to address uncertainties and any residual risks. The environmental risk assessment (ERA) plan for $CO_2$ storage work should include site selection and characterization, exposure assessment with probable leak scenario, risk assessment from direct and in-direct impact to the living organisms and risk management strategy. Domestic trial of the $CO_2$ capture and sequestration in to the marine geologic formation also should be accomplished through risk management with specified ERA approaches based on the IMO framework. The risk assessment procedure for $CO_2$ marine storage should contain the following components; 1) prediction of leakage probabilities with the reliable leakage scenarios from both engineered and geological part, 2) understanding on physio-chemical fate of $CO_2$ in marine environment especially for the candidate sites, 3) exposure assessment methods for various receptors in marine environments, 4) database production on the toxic effect of $CO_2$ to the ecologically and economically important species, and finally 5) development of surveillance procedures on the environmental changes with adequate monitoring techniques.

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Metabolizing analysis according to the sawdust media of the known anticancer trees by Pleurotus ostreatuss (느타리버섯의 항암수목자원 배지속 함유성분의 분해능 평가)

  • Shin, Yu-Su;Yang, Bo-Hyun;Kang, Bo-Yeon;Kim, Hyun-Soo;Lee, Ji-Hyun;Hong, Yoon-Pyo;Lee, Sang-Won;Lee, Chan-Jung;Kim, Seung-Yoo
    • Journal of Mushroom
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    • v.9 no.4
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    • pp.186-189
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    • 2011
  • The transitivity of Chemical constituents by Pleurotus ostreatus cultivated in different raw sawdusts, which are Juglans mandchurica, Cudrania tricuspidata and Lindera glauca, was investigated. The HPLC chromatography patterns on the chemical constituents of P. ostreatus showed the similar chromatography patterns in all different raw sawdusts and control sawdust. The unknown chemical constituents of P. ostreatus cultivated in the 10%, 20% mixed medium added 10 %, 20% different raw sawdusts, respectively, were increased. But the significance results in the mixed medium added 50% different raw sawdusts were not showed. The chromatography patterns of mycelia grown in media added the 80% MeOH extracts of three tree species showed the similar patterns in comparison with control mycelia. In the results, the secondary metabolites of functional media were not degrade and changed to other derivatives compounds by P. ostreatus.

Effects of Regular Exercise and L-Arginine Intake on Abdominal Fat, GH/IGF-1 Axis, and Circulating Inflammatory Markers in the High Fat Diet-Induced Obese Aged Rat (규칙적인 운동과 L-arginine의 섭취가 고지방식이 유도 비만 노화생쥐의 복부지방량, GH/IGF-1 axis 및 혈관염증지표에 미치는 영향)

  • Park, Sok;Sung, Ki-Woon;Lee, Jin;Lee, Cheon-Ho;Lee, Young-Jun;Yoo, Young-June;Park, Kyoung-Shil;Min, Byung-Jin;Shin, Yong-Sub;Kim, Jung-Suk;Jung, Hun
    • Journal of Life Science
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    • v.22 no.4
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    • pp.516-523
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    • 2012
  • The purpose of this study was to investigate the effect of exercise and/or L-arginine on abdominal fat, IGF-1 on GH/IGF-1 axis, fibrinogen, and PAI-1 in aged and obese rats. Male Sprague-Dawley rats were treated with a D-galactose aging inducing agent (50 mg/kg) given intraperitoneally for 12 weeks. Thirty-two male Sprague-Dawley rats were treated and divided into four groups: aging-high fat diet group (AG+HF), AG+HF with L-arginine intake group (AG+LA), AG+HF with exercise group (AG+EX), and AG+EX with L-arginine intake group (AG+LA+EX). The experimental rats underwent treadmill training (60 min/day, 6 days/week at 0% gradient) for 12 weeks. L-arginine was given orally (150 mg/kg/day) for 12 weeks. After the experiment, blood was collected from the left ventricle and abdominal fat was extracted. The results showed that GH was significantly increased in AG+EX and AG+AL+EX. IGF-1 was significantly increased in both the AG+AL+EX and AG+EX group ($p$<0.05), while fibrinogen and PAI-1 were not significantly different among the groups. Abdominal fat was significantly decreased in the AG+LA, AG+EX, and AG+LA+EX groups ($p$<0.05) compared with the AG+HF group. In conclusion, this study suggests that exercise alone or L-arginine alone or a combination not only increases the GH and IGF-1 concentration, but also decreases the abdominal fat mass.

Studies on Improvement of Quality of Round Bale Sliage Using Fresh Rice Straw (라운드 베일을 이용한 생볏짚 사일리지의 품질 향상에 관한 연구)

  • Kang, Woo Sung;Kim, Jong Geun;Chung, Eui Soo;Ham, Jun Sang;Kim, Jong Duk;Kim, Kyeong Nam
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.19 no.1
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    • pp.41-48
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    • 1999
  • This experiment was carried out to determine the effect of the silage additives on improvement of quality of fresh rice straw silage using round bale at the forage experimental field, grassland and forage crops division, National Livestock Research Institute, RDA, Suwon from 1997 to 1998. The experiment was arranged in a randomized block design with three replication. The treatments used in this study were consisted of different additives(control, formic acid, molasses, molasses+urea and inoculant). The rice straw silage with molasses+urea treatment resulted in high crude protein content and in vitro dry matter digestibility were increased with molasses of inoculant treatments compare with the control. The mean dry matter of formic acid treatment material was higher than with control but there was no significant difference in dry matter content among the additives treatments. The pH of molasses treatments significantly increased the proportion of lactic acid(P<0.05) and decreased the proportion of butyric acid. The total organic acid content of all treatments had low around 2%. Ammonia-N of molasses+urea treatment was significantly(P<0.05) higher than that of others, but formic acid or inoculant treatments was lower below 10% per total nitrogen. Over a 7d feeding period, the dry matter intake per cattle on the inoculant treatment was higher that on both the untreated round bale silage of fresh rice straw and rice straw hay. Producing cost per kilogram of round bale silage of fresh rice straw was decreased according to the increasement of harvesting area. It is suggested that application of round bale silage system to fresh rice straw with molasses or inoculant was the best treatment for improving preservation as silage, and that animal intake was enhanced by addition of inoculant to fresh rice straw.

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A Research on a Joined Project of Social Education and Village Secondary School Education for Raising The Number of Successors to Fishery (후계어민 육성을 위한 어촌지역 중등교육과 사회 교육의 연계방안)

  • 이현우;이경준
    • The Journal of Fisheries Business Administration
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    • v.19 no.2
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    • pp.1-58
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    • 1988
  • The purpose of this study is to investigate the relation between social education and secondary education of seaside and sea village schools for supporting the successors to fishery. Objects of the study were five groups; 321 fishermen, 107 staff members of a Fishery Guidance Center, 1, 001 students, 306 teachers of sea villages, 193 staff members of a Fishery Cooperative Association. The total number of people being object of this study was 1, 876 persons. The questionaire used for this study was made after preliminary counseling with fishermen in sea villages and teachers in seaside schools. The results of this study are as follow ; 1) About the value of Fishery and successors to Fishery There have been more positive responses than negative ones to the question on the value of fishery. The main reason for positive responses lies in the potentiality for development of fishery but the negative responses are because of the heavy work. 56.8% of the respondents expected an increasing number of successor to fishery, but 43.2% of the respondents had a negative foresight on that problem. The negative respondents stated that the fisherman that moved from the sea villages to the urban areas are responsible for the none increasing numbers of successors to fishery. Most of the respondents answered that government support is needed in order to increase the number of successors to fishery. 2) Social education for Fishermen Only 40% of fishermen know the Fishing Village Guidance Center as the main institute for social education. 94.17% of the respondents prefer plural institutes to single ones. 5.9% of the respondents answered with opposit opinions. 40.4% of the respondents answered that technical teachings has not often been practised. The reason why technical teaching does not often come into effect are as follows; lack of technical expertise, insufficient concern of staff members of the Guidance Center or the Cooperation Association. Also fishermen answered that the Fisherman Guidance Center does not often practise technical education. The Fishery Cooperation Association with its social education for fisherman takes the role of education for the economical way and carries out financial assistance. The relationship between the Fishery Cooperative Association and fishermen is presented satisfactory. However, the frequency of education is not satisfactory. Indifferences between staff members of the Fishery Cooperative Association does not carry out fishery education very often. Also loaned money matters were not satisfactory. 3) Secondary education for Fishery This study showed that it is desirable that the practical course of middle schools in islets and seaside villages take education on fishery ; however, a few schools only take the practical course fishery. Most of the fishery high schools want computer education as a new recommendable course. The students of fishery high schools want computer education as a new recommendable course. The students of fishery high schools have problems with scientific terms in the text books for the practical of fishery high schools have problems with scientific terms in the text books for the practical courses. Over 80% of the respondents agreed that the principals of schools in islets and sea side villages should be men having majored in fishery. 4) The connection between social education and secondary education for fishery a. It is desirable that the principal and vice principal of secondary schools in islets and sea side villages are men majored in fishery. b. It is recommendable that fishery courses are taken as practical courses in fishery village schools for it is helpful to relate between the vocation and the district's special character, as well as to built up relation between the middle school education and the fishery high school education. c. The teachers of fishery high schools and the officials of government offices which are related to fishery should work together to realize a program on teaching various kinds of techniques and give other useful informations to fishermen. d. During the vacations the fishery high school could be used for the social education of fishermen. Seminars on fishery technique and cultural aspects could be held. Especially a spiritual education which is needed for the improvement of the society of fishermen could be achieved by a cultural education. e. On the state level a financial support to raise the number of successors to fishery, a national policy for the betterment of the life of fishermen, as well as active publicity activities are necessary. f. A financial support of the government for raising the number of the successors to fishery is needed. For this purpose a fishery education performed on a state level would be desirable.

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What Factors Affect Mortality over the Age of 40? (40세 이후의 사망에 영향을 주는 요인에 관한 코호트내 환자-대조군 연구)

  • Park, Jong-Ku;Koh, Sang-Baek;Kim, Chun-Bae;Park, Kee-Ho;Wang, Seung-Jun;Chang, Sei-Jin;Sin, Soon-Ae;Kang, Myung-Guen
    • Journal of Preventive Medicine and Public Health
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    • v.32 no.3
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    • pp.383-394
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    • 1999
  • Objectives: This study was conducted to identify the factors influencing the mortality of Koreans over the age of 40 by a nested case-control study. Methods: The cohort consisted of the beneficiaries of Korea Medical Insurance Corporation for Government Employees & Private School Teachers and Staff(KMIC) who received health examinations of KMIC in 1992 and 1993 retrospectively. At that time, they were more than 40 years old. The cases were 19,258 cohort members who had died until December 31, 1997. The controls were 19,258 cohort members who were alive until December 31, 1997. Controls were matched with age and sex distribution of the cases. The data used in this study were the funeral expenses requesting files, and the files of health examinations and health questionnaires gathered in 1992 and 1993. To assess the putative risk factors of death, student t-test, chi-square test, multiple logistic regression analysis were used. Results : In multiple logistic regression analysis, independent risk factors of death were as follows; systolic blood pressure, diastolic blood pressure, blood glucose, AST, urine glucose, urine protein, alcohol drinking(frequency), cigarette smoking and perceived health status, intake of restoratives and blood transfusion showed positive associations with death; coffee consumption showed negative associations with death; and body mass index and serum total cholesterol showed J-shaped association with death. Conclusions: Regarding the direction of association, the result of analysis on the data restricted to '96-'97 was same as that of '93-'97. But in some variables such as obesity, serum cholesterol, the odds ratios of death in the data of '96-'97 were higer than those of '93-'94, which suggested that the data of '93-'94 was bearing effect-cause relationship. We concluded that it suggested further researches using long-term follow-up data to be needed in this area.

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Evaluation of Image Quality Change by Truncated Region in Brain PET/CT (Brain PET에서 Truncated Region에 의한 영상의 질 평가)

  • Lee, Hong-Jae;Do, Yong-Ho;Kim, Jin-Eui
    • The Korean Journal of Nuclear Medicine Technology
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    • v.19 no.2
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    • pp.68-73
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    • 2015
  • Purpose The purpose of this study was to evaluate image quality change by truncated region in field of view (FOV) of attenuation correction computed tomography (AC-CT) in brain PET/CT. Materials and Methods Biograph Truepoint 40 with TrueV (Siemens) was used as a scanner. $^{68}Ge$ phantom scan was performed with and without applying brain holder using brain PET/CT protocol. PET attenuation correction factor (ACF) was evaluated according to existence of pallet in FOV of AC-CT. FBP, OSEM-3D and PSF methods were applied for PET reconstruction. Parameters of iteration 4, subsets 21 and gaussian 2 mm filter were applied for iterative reconstruction methods. Window level 2900, width 6000 and level 4, 200, width 1000 were set for visual evaluation of PET AC images. Vertical profiles of 5 slices and 20 slices summation images applied gaussian 5 mm filter were produced for evaluating integral uniformity. Results Patient pallet was not covered in FOV of AC-CT when without applying brain holder because of small size of FOV. It resulted in defect of ACF sinogram by truncated region in ACF evaluation. When without applying brain holder, defect was appeared in lower part of transverse image on condition of window level 4200, width 1000 in PET AC image evaluation. With and without applying brain holder, integral uniformities of 5 slices and 20 slices summation images were 7.2%, 6.7% and 11.7%, 6.7%. Conclusion Truncated region by small FOV results in count defect in occipital lobe of brain in clinical or research studies. It is necessary to understand effect of truncated region and apply appropriate accessory for brain PET/CT.

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Effect of Medium and Growth Regulators on Tuber Propagation by in vitro Culture of Yam (Dioscorea japonica TUNBERG) (산약(山藥)의 기내증식(器內增殖)에 미치는 배지(培地)와 생장조정제(生長調整濟)의 영향(影響))

  • Lee, Hyo-Sung;Ryu, Su-Nho;Lee, Jung-Il;Cho, Chae-Yun
    • Korean Journal of Medicinal Crop Science
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    • v.1 no.1
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    • pp.28-37
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    • 1993
  • The low seed propagation is one of the problem needed a lot of seed tuber for the propagation in yam. Therefore this experiment was carried out to understand the possiblility of seed tuber propagation by tissue culture of yam. In-vitro stem node of yam was cultured by concentration treatments of 1/2, 1/4 and 1/8 with MS medium additted with each concentration levels of IAA, NAA, IBA, kinetin and BA. Acorrding to the Iower concentration than MS medium, length of shoots was promoted, leaf emergence shoots and rooting shoots were increased at 1/8 MS medium during the culturing period of stem node in yam. Fixed IBA and kinetin under the concentration of MS mdeium was inhibited severely by the heigh concentration additted with lAA $1mg\;/\;{\ell}\;and\;NAA\;4mg\;/\;{\ell}$. But fixed IBA $5mg\;/\;{\el}l\;and\;kinetin\;2mg\;/\;{\ell}$ with concentration of 1/8MS medium was remarkably promoted leaf emergence shoots and rooting shoots by $1mg\;/\;{\ell}$ of additted lAA and NAA. Percentage of induced shoots was increased by combination treatments of lAA. $1.5mg\;/\;{\ell}\;and\;kinetin\;2mg\;/\;{\ell}$, also leaf emergence shoots and rooting shoots were promoted by combination treatments of lAA $1.5mg\;/\;{\ell}\;and\;kinetin\;2mg\;/\;{\ell}$.

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