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Proposal for Amendment of the Basic Environmental Policy Act ('BEPA') Article 31 (환경정책기본법 제31조 무과실책임규정의 개정방안)

  • Koh, Moon-Hyun
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.125-147
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    • 2009
  • The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

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Science Curricula from the Time of Establishment of Educational System(1895) to 1910 and People in Charge of Science Education at Public Schools (학제제정(1895)부터 1910년까지의 과학교육과정과 관.공립학교에 있어서의 과학교육담당자)

  • Song, Min-Young
    • Journal of The Korean Association For Science Education
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    • v.18 no.4
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    • pp.493-502
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    • 1998
  • Science curricula of public and government institution schools from 1895 to 1910 in Korea were studied And through tracing people in charge of science education actual status was researched. The result of the study showed that 'physics, chemistry, nature' in the regular course for normal schools and 'department of science' in the short course were used for in the curriculum. Subject of nature were educated by SaitoKinji. 'Science' was educated by MatsumotoSoji in Department of Japanese Language at Foreign Language School and 'science of nature' by Hase in Department of German Language. 'Nature' and 'physics and chemistry' were taught by ShideharaTahira at Hansung Middle School which was established in 1899. MoriTamejo was in charge of subject of nature at Hansung High School which was a new name since 1906. It was also revealed that'physics and chemistry'were taught at Industrial Professional Institute. In short during the era of Taihan (Korea) Empire science education at public and government institution schools were entirely performed by Japanese. Furthermore the first time when professionals majored in natural science began to assume responsibility for science education was during late part of Taihan Empire and before that time tradition of science education was maintained by'non-professionals'like ShideharaTahira.

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Recent Developments in Space Law (우주법(宇宙法)의 최근동향(最近動向))

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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A Study on UAV and The Issue of Law of War (무인항공기의 발전과 국제법적 쟁점)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.3-39
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    • 2011
  • People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

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U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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Jet Lag and Circadian Rhythms (비행시차와 일중리듬)

  • Kim, Leen
    • Sleep Medicine and Psychophysiology
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    • v.4 no.1
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    • pp.57-65
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    • 1997
  • As jet lag of modern travel continues to spread, there has been an exponential growth in popular explanations of jet lag and recommendations for curing it. Some of this attention are misdirected, and many of those suggested solutions are misinformed. The author reviewed the basic science of jet lag and its practical outcome. The jet lag symptoms stemed from several factors, including high-altitude flying, lag effect, and sleep loss before departure and on the aircraft, especially during night flight. Jet lag has three major components; including external de synchronization, internal desynchronization, and sleep loss. Although external de synchronization is the major culprit, it is not at all uncommon for travelers to experience difficulty falling asleep or remaining asleep because of gastrointestinal distress, uncooperative bladders, or nagging headaches. Such unwanted intrusions most likely to reflect the general influence of internal desynchronization. From the free-running subjects, the data has revealed that sleep tendency, sleepiness, the spontaneous duration of sleep, and REM sleep propensity, each varied markedly with the endogenous circadian phase of the temperature cycle, despite the facts that the average period of the sleep-wake cycle is different from that of the temperature cycle under these conditions. However, whereas the first ocurrence of slow wave sleep is usually associated with a fall in temperature, the amount of SWS is determined primarily by the length of prior wakefulness and not by circadian phase. Another factor to be considered for flight in either direction is the amount of prior sleep loss or time awake. An increase in sleep loss or time awake would be expected to reduce initial sleep latency and enhance the amount of SWS. By combining what we now know about the circadian characteristics of sleep and homeostatic process, many of the diverse findings about sleep after transmeridian flight can be explained. The severity of jet lag is directly related to two major variables that determine the reaction of the circadian system to any transmeridian flight, eg., the direction of flight, and the number of time zones crossed. Remaining factor is individual differences in resynchmization. After a long flight, the circadian timing system and homeostatic process can combine with each other to produce a considerable reduction in well-being. The author suggested that by being exposed to local zeit-gebers and by being awake sufficient to get sleep until the night, sleep improves rapidly with resynchronization following time zone change.

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Financial Analysis of Vegetation Control for Sustainable Production of Songyi (Tricholoma matsutake) in Korea (송이생산(生産)을 지속가능(持續可能)하게 하기 위한 소나무림내(林內) 식생정리(植生整理) 작업(作業)의 경제성(經濟性) 분석(分析))

  • Koo, Chang Duck;Bilek, E.M.
    • Journal of Korean Society of Forest Science
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    • v.87 no.4
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    • pp.519-527
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    • 1998
  • An economic study of vegetation control to increase production of Songyi (Korean name far pine mushroom, matsutake, Tracholoma matsutake (S. Ito & Imai) Sing.) in red pine (Panes densiflora) stands in Korea was undertaken. In Korea, Songyi grows only in red pine stands. Harvest of this mushroom provides a significant income source to rural people in Korea yielding exports of US$20 million to US$80 million per year. However, hypogeous Songyi colonies and the mushroom production are declining, partly because shade tolerant species are succeeding the shade intolerant red pine. Past research says that it is possible to deep Songyi production increasing by controlling under-story vegetation. But few people are wilting to invest in the necessary control. Our analysis found that the economics of vegetation control appear to be quite favorable, showing an internal rate of return (IRR) of 20.7 percent in 15 years. However, positive returns do not occur for at least eight years and even then, the returns may not appear to the landowner to be a result of vegetation control efforts only because the mushroom production has been greatly variable depending on weather conditions. In a sensitivity analysis, it was found that the number of circular mushroom colonies was critically important for the cash flow. Results of this analysis are also sensitive to assumptions about annual growth length(0.16m radial growth=1.0m/circular length growth) of Songyi colony. However, the primary goal of vegetation control should be to keep the young colonies growing. Further research in the behavior of hypogeous Songyi colonies after vegetation control would help to improve our confidence in the results.

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Appling Nursing Theory to Clinical Practice of Home Health Care (가정간호실무에 적용가능한 이론적틀)

  • Woo, Seon-Hye
    • Journal of Home Health Care Nursing
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    • v.11 no.1
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    • pp.5-13
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    • 2004
  • The home health care industry has grown rapidly and can be expected to continue to grow in the foreseeable future. Home health care refers to the practice of nursing applied to clients with a health condition in the clients place of residence. clients and their designated care givers are the focus at home health nursing practice. The goal of care is to initiate. manage and evaluate the resources needed to promote the clients optimal level of well-being and function. Nursing activities necessary to achieve this goal may warrant preventive maintenance and restorative emphases to prevent potential problems from developing. Many project program were suggested home health care model for Korea's health care system and policy direction for expansion and establishment of home health care .But the aim of this paper is to provide on overview for theoretical frame work in home health care. Theories and conceptual frameworks or models are important nursing because they define and guide the boundaries of professional practice and identify key nurse-patient-caregiver relationships that emerge with caring. Following is the research with an investigation of the literature review in the University of Arizona international medline database, In conclusion, are as followers: First, many nursing theorists have had a tremendous impact on nursing practice. the following highlights those nursing theorists that are particularly helpful in understanding home health care. 1. Florence Nightingale : Our earliest theoretical legacy. Nightingale's believes are reflected in basic infection control practice such as hand washing and infectious waste disposal and are key nursing interventions in home care. 2. Martha Roger's :Science of unitary human beings theory. Rorger's believed that the focus of shared. non invasive healing modelities is the human environmental field rather than direct physical care. These modelities continue to evolve as our awareness (reflecting greater diversity, faster rhythms, motions, and ways of knowing) transcends time and space, allowing individuals to get in touch with their integral nature of unbroken wholeness. On people as ever changing energy fields have special relevance in home care especially with hospice and palliative care applications. 3. Madeline Leininger's; Transcultural nursing theory. Home care nurses move through a variety of communities and often care for patients from different cultural back grounds. Therefore Leininger's work has a good that with home care because home care nursing practice is very culturally focused. 4. Dorothea Orem's : Self care deficit theory. Orem's theory views care as something to be performed by both nurses and patients. The role of the nurse is to provide education and support that help patients acquire the necessary activities to perform self-care. Orem's theory is foundational to have care because it begins to truly acknowledge the role of the patient in managing his or her own health. which is referred to as self-care. 5. Margaret Neuman's; Health as expending consciousness theory. Neuman believes that health compasses disease and reflects an underlying pattern of person-environment interaction. A key application of 'Neuman's work to home care is for nurses to understand that health and illness do not necessarily exist at opposite ends of a continuum. 6. Jean Watson's: Theory of human caring. Watson's theory of human caring in nursing proposes human caring as the moral ideal of nursing. Nurses participate human caring to protect, enhance and preserve humanity by assisting individuals to fing meaning in illness. pain and existence and to help others gain self knowledge. self control. and self healing such thinking lends richness to theory development. as well as clinical practice in home care. Second, Robin Rice : Dynamic self determination for self care. (A theoretical framework for home care) Dynamical self determination for self care can be useful to home care nurses in a variety of ways. As research tool it can be reflected in the interview process when the home visit. The home care nurse's role is that of facilitator of patient self-determination for self care through numerous strategies. including patient education and case management.

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The study of Essay Writing Education in Home Economics Education Through Practical Philosophy Curriculum Analysis in Germany (독일의 실천철학교과 분석을 통한 가정과 교육에서의 논술교육 연구)

  • Kim, Eun-Jeung
    • Journal of Korean Home Economics Education Association
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    • v.19 no.4
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    • pp.233-245
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    • 2007
  • The purpose of this study is to investigate the appropriate way of essay writing education which helps the learners perceive and express a stream of knowledge through Home Economics education curriculum by themselves. While one-way type, which teachers just give instructions to students and students just learn from them, has dominated the education, new education focuses on interactive and reciprocal way in thinking and researching together. This new stream requires appropriate and various education method as well as the new concept of education curriculum. This study applies the curriculum of the German practical philosophy that recently has been a debated topic in Home Economics education. The purpose of the curriculum pursuits improving students' practical and critical thinking competence and essay writing is the center of it. In the curriculum learners write essays by asking and answering the questions through seven areas which students can experience based on three angles such as individual, social, and idealogical viewpoints. In this process learners don't remain in the individual angles and are able to be trained as intellectuals who can lead the social and cultural change as well as the individual growth by getting an insight into the idealogical angles. The Germany curriculum what is mentioned in advance presents one possibility that essay education can be introduced in Home Economics education that has accessed the education process by the practical inference based on the practical philosophy. That is, Home Economics education shares the context with essay education whose purpose is the intellect enlightenment because the former is the curriculum to make students build the abilities to access in many-sided angles not just one point, to deal with problems wisely, and to deduce the solutions. Therefore, students are expected to participate in the class dynamically by being satisfied intellectually abreast of practical essay education that helps learners read the stream of knowledge through Home Economics education. In this manner the category of Home Economics education will enlarge by making efforts to diversify the education methodology not staying only one method.

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Clarifying the concept of praxis in Family and Consumer Science Education -In focusing of the concept of phronesis in Aristotle's Nicomachean Ethics- (아리스토텔레스의 덕론에 기초한 가정과교육에서의 실천 개념 고찰을 위한 시론 (I) -실천적 지혜(phronesis)와 다른 덕과의 관계에 대한 논의를 중심으로-)

  • Yoo, Tae-Myung
    • Journal of Korean Home Economics Education Association
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    • v.19 no.2
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    • pp.13-34
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    • 2007
  • This study approached the concept of practical or praxis in Family and Consumer Science based on the review of the concept of phronesis in Aristotle's Nicomachean Ethics. Aristotle divided human soul into rational part and irrational part. A virtue related with rational part is intellectual virtue and a virtue related with irrational part is moral virtue. Rational part is divided into calculative part and scientific part. Phronesis is one of an intellectual virtue in calculative part of soul. Aristotle defines phronesis as a state of soul that issues in praxis. Phronesis in narrow sense is a virtue which leads to praxis and it is differ from either sophia or techne. Phronesis in broad sense it includes both praxis and poiesis. Phronesis is closely related with moral virtue. Because moral virtues are habits according to right reason, hence right reasons should be considered, and this is intellectual virtue. It is called for attention that what the concept of practical or praxis in Family and Consumer Science Education should be for the determination of the relation with Practical Arts and Technology. This study proposed a tentative conceptualization of praxis and phronimos in context of Family and Consumer Science Education.clothing planning and the most categories(83.3%) had connections of repetitions. In the clothing material section, categories evaluated as gaps and developments were 55.6% and 44.4%. The clothing construction.

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