• Korean Journal of Soil Science and Fertilizer
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• v.43 no.3
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• pp.315-321
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• 2010

Greenhouse soil cultivated with excessive compost and chemical fertilizer has been an issue to deteriorate soil and water quality in the environment. The objective of this study was to evaluate the nutrient outflow by desalting method, flooding soil surface, after vegetable cropping in greenhouse soils. Field experiment from July to September 2008, was conducted to quantify greenhouse locations, i.e. alluvial plain and local valley. The changes of desalinization in both locations were higher as the amounts of irrigated and drained water were increased. Particularly, the ratio of desalinization in alluvial plain was much higher (66.7%) than the one in local valley (45.6%). However, $NH_4$-N contents of local valley soil during the flooding were higher than in those of alluvial plain. This was caused by high total nitrogen and organic matter in local valley soil than those in alluvial plain soil. With comparing to the input and output loads of T-N and T-P in greenhouses with local valley and alluvial plain soils, the output loads of nutrients were larger than the input loads of nutrients. This result showed that the flooding soil surface can be a good treatment to desalinize greenhouse soils. However, this conclusion remained that the flooding water containing high N and P concentrations might cause the secondary effect on the quality of streams and groundwater since excessive nutrient concentrations can be the main cause of eutrophication problem in aquatic environment.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Journal of the Korean Institute of Landscape Architecture
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• v.44 no.2
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• pp.25-36
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• 2016

This paper discusses the character of communication among participating stakeholders in the Improving Alley Landscapes in Residential Neighborhoods project. The participation of diverse stakeholders in conventional urban redevelopment is considered to delay and complicate the progress of a project. However, in urban regeneration, a field-oriented operating system and collaboration between diverse stakeholders is considered critical to building a sustainable community. A stakeholder is defined as "a person or organization that can influence decision-making or be influenced by it." This paper uses a case study to examine what types of stakeholders participate and what communicative processes and ideas are shared among them. Six neighborhoods were selected out of a total of 26 of Seoul's 2014 Improving Alley Landscapes project. This research was developed through interviews and a review of the literature. The character of communication among stakeholders in the case study is as follows. Firstly, the administration initiated the project but did not show leadership. This was caused by a gap in understanding about the project between city and borough administrations, Further, the city administration lacked experience with projects that placed an emphasis on fieldwork. Tongjand and Banjang, at ancillary institutions, acted as spokespersons and helped people in the community to understand the administrative process. However, because they led communication and used personal relationships to ensure they communicated effectively, the communication process had limits from the perspective of democratic process. Diverse stakeholders expressed their opinions in the public sphere and communicated about them using diverse media. Finally, experts produced the output, facilitated communication, and mediated in conflicts. Because new experts acted as facilitators and mediators, there was a great deal of trial and error. This project has particular significance: Seoul's city government deals with urban space rather than parks and green space, which are limited by boundaries; and whether "green" can be used for urban renovation was tested by several landscape architects, who sought to identify a new role in urban renovation, namely, the role of landscape and landscape architecture. However, the project has some limitations, including an insufficiently detailed project plan, a lack of common understanding among stakeholders, and a short timeframe. A number of stakeholders overcame these limitations to a certain degree. Officials of the Borough and the Dong managed the project and resolved civil complaints. Experts provided special information, and contributed to the design and construction of improvements.

• Journal of the Korean Association of Geographic Information Studies
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• v.18 no.4
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• pp.81-99
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• 2015

The acceleration of global warming has required better understanding of carbon cycles over local and regional areas such as the Korean peninsula. Since forests serve as a carbon sink, which stores a large amount of terrestrial carbon, there has been a demand to accurately estimate such forest carbon sequestration. In Korea, the National Forest Inventory(NFI) has been used to estimate the forest carbon stocks based on the amount of growing stocks per hectare measured at sampled location. However, as such data are based on point(i.e., plot) measurements, it is difficult to identify spatial distribution of forest carbon stocks. This study focuses on urban areas, which have limited number of NFI samples and have shown rapid land cover change, to estimate grid-based forest carbon stocks based on UNFCCC Approach 3 and Tier 3. Land cover change and forest carbon stocks were estimated using Landsat 5 TM data acquired in 1991, 1992, 2010, and 2011, high resolution airborne images, and the 3rd, 5th~6th NFI data. Machine learning techniques(i.e., random forest and support vector machines/regression) were used for land cover change classification and forest carbon stock estimation. Forest carbon stocks were estimated using reflectance, band ratios, vegetation indices, and topographical indices. Results showed that 33.23tonC/ha of carbon was sequestrated on the unchanged forest areas between 1991 and 2010, while 36.83 tonC/ha of carbon was sequestrated on the areas changed from other land-use types to forests. A total of 7.35 tonC/ha of carbon was released on the areas changed from forests to other land-use types. This study was a good chance to understand the quantitative forest carbon stock change according to the land cover change. Moreover the result of this study can contribute to the effective forest management.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.28 no.4
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• pp.409-415
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• 2015

For the design of Concrete-Filled Steel Tube(CFST) columns, the outside diameter D to the steel tube thickness t ratio(D/t ratio) is limited to prevent the local buckling of steel tubes. Each design code proposes the respective model to compute the maximum D/t ratio using the yield strength of steel $f_y$ or $f_y$ and the elastic modulus of steel E. Considering the uncertainty in $f_y$ and E, the reliability index ${beta}$ for the local buckling of a CFST section can be calculated by formulating the limit state function including the maximum D/t models. The resulted ${beta}$ depends on the maximum D/t model used for the reliability analysis. This variability in reliability analysis is due to ambiguity in choosing computational models and it is called as "modelling uncertainty." This uncertainty can be considered as "non-specificity" of an epistemic uncertainty and modelled by constructing possibility distribution functions. In this study, three different computation models for the maximum D/t ratio are used to conduct reliability analyses for the local buckling of a CFST section and the reliability index ${beta}$ will be computed respectively. The "non-specific ${beta}s$" will be modelled by possibility distribution function and a metric, degree of confirmation, is measured from the possibility distribution function. It is shown that the degree of confirmation increases when ${beta}$ decreases. Conclusively, a new set of reliability indices associated with a degree of confirmation is determined and it is allowed to decide reliability index for the local buckling of a CFST section with an acceptable confirmation level.

• Korean Journal of Ichthyology
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• v.19 no.4
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• pp.306-317
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• 2007

Reproductive cycle with the gonad developmental phases, first sexual maturity, spawning frequency, sex ratio of the dusky mud hopper, Periophthalmus modestus were investigated by histological observations. Monthly variations of the gonadosomatic index (GSI) began to increase in May and reached a maximum in June when the gonad was getting mature during the period of higher ground (water) temperature-long day length. Changes in the GSI showed a negative correlation to the HSI, but coincided with the fatness index. The reproductive cycle can be classified into five successive stages: in female, early growing stage (April to May), late growing stage (April to May), mature stage (May to June), ripe and spent stage (June to August), and recovery and resting stage (August to March); in males, growing stage (April to May), mature stage (May to June), ripe and spent stage (June to August), and recovery and resting stage (August to March); According to the frequency distributions of egg diameters during the breeding season, Periophthalmus modestus is presumed to be a summer breeder, asynchronous group and polycyclic species to spawn 2 times or more during the spawning season. Total eggs and mature eggs in absolute fecundity and relative fecundity (per cm) increased with the increase of body length. Total eggs and mature eggs in absolute fecundity and relative fecundity (per g) did not increase with the increase of body weight. Percentages of first sexual maturity of females and males ranging from 5.1 to 5.5 cm in body length are over 50%, and 100% for fish over 7.1 cm in body length. The sex ratios of females to males over 5.1 cm in body length were not significantly different from a 1 : 1 sex ratio.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.343-373
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• 2006

지적재산권의 속지주의 원칙에 따라 전통적으로 지적재산권의 침해에 있어서 결과의 발생이 없는 행위지를 침해지로 인정하지 않았다. 어문과 예술작품을 보호하기 위해 1886년 체결된 베른협약(Berne Convention for the Protection of Literary and Artistic Works) 제5조 제1항은 저작자가 베른협약에 따라 보호되는 저작물에 관하여 본국 이외의 동맹국에서 각 법률이 현재 또는 장래에 자국민에게 부여하는 권리 및 이 협약이 특별히 부여하는 권리를 향유한다고 규정하여 내국민대우원칙을 천명하고 있다. 또한 베른협약 제5조 제2항은 저작권의 보호와 향유는 저작물의 본국에서 보호가 존재하는 여부와 관계가 없이, 보호의 범위와 저작자의 권리를 보호하기 위하여 주어지는 구제의 방법은 오로지 보호가 주장되는 국가의 법률의 지배를 받는다라고 규정하여 저작권 침해가 발행한 국가의 법률의 적용을 명시하고 있다. 인터넷과 무선통신 기술의 발달은 저작물을 디지탈 형식으로 실시간에 전세계에 배포하는 것을 가능하게 하였다. 특히 저작물의 인터넷상에서의 배포는 다국적 저작권 침해행위를 야기하여, 저작권자가 다수의 국가에서 저작권 침해소송을 제기하여 판결을 집행하는 것이 필요하게 되었다. 헤이그국제사법회의(Hague Conference on Private International Law)에서 1992년부터 논의되어 온 민사 및 상사사건의 국제재판관할과 외국판결에 관한 협약(Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters)에서 채택된1999년의 예비초안(preliminary draft) 및 2001년 외교회의에서 수정된 잠정초안(Interim text) (이하 헤이그 협약 )은 저작권자가 저작권침해행위가 발생한 각 국가에서 저작권 침해행위를 금지하는 소송을 제기할 필요없이, 동 협약의 한 가맹국가의 법원의 저작권침해금지판결을 다른 가맹국가에서도 집행할 수 있는 가능성을 제시해 주는데 의미가 있다. 헤이그 협약 제10조는 불법행위(torts)에 관한 일반적인 재판관할에 관한 규정을 두고 있으며, 저작권침해에 관한 분쟁은 동 조항의 적용을 받는다. 제10조에 의해 당사자는 가해행위지 국가의 법원 또는 결과발생지 국가의 법원에서 소송을 제기할 수 있다. 결과발생지의 경우 제10조 1항 (b)는 피고가 자신의 행위가 본국의 법규에 비추어 동일한 성격의 손해를 초래할 수 있다라고 합리적으로 예견할 수 없었던 경우에 본 조항의 적용을 배제하고 있다. 인터넷을 통한 저작권침해의 경우, 피고가 자신의 국가의 법규하에서 합법적으로 저작물을 웹사이트에 게시하였으나, 그 행위가 다운로딩이 행해진 국가에서 불법인 경우, 피고는 저작권침해를 예견할 수 없었으므로 이에 문제가 제기된다. iCrave TV사건에서, 피고인 캐나다회사가 미국 및 캐나다에서 방송되는 텔레비젼 방송 프로그램을 자신의 웹사이트에 게시하여 이용자들로 하여금 컴퓨터를 통하여 방송을 재시청 할 수 있도록 하였는데 이는 캐나다에서 합법인 반면에 미국에서는 저작권 침해에 해당한다. 피고는 방송 프로그램을 인터넷상에서 재방송하는 것은 캐나다법상 합법이므로 저작권침해를 예견할 수 없었다고 주장하면서, 해당 사이트에 오직 캐나다 거주자만의 접속을 허용하고 미국 거주자의 접속을 제한하는 일련의 Click-Wrap 계약과 스크린 장치를 제공하였다고 주장하였다. 본 사건 피고의 주장을 받아들인다고 가정할 때, 제10조 1항(b)에 의해 원고는 결과발생지인 미국법원의 재판관할을 강제할 수 없을 것이다. 지적재산권을 둘러싼 분쟁에 관한 재판관할과 국제법상의 판결의 승인 및 집행의 통일성을 기하기 위하여 2001년 1월 세계지적재산권기구(World Intellectual Property Organization)가 제안한 WIPO 협약초안(Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters)은 헤이그 협약이 재판관할과 판결의 승인 및 집행에 대한 일반적인 접근을 하고 있는 점에 반하여 지적재산권자의 보호라는 측면을 고려하여 지적재산권침해소송에 국제재판관할권을 규정하고 있다. WIPO 협약초안 제6조는 저작권자가 저작권 침해를 막기 위한 합리적인 조치를 취한 국가에서 저작권 침해소송을 피할 수 있다고 규정하고 있다. 따라서 본 조항에 의할 경우, iCrave TV사건의 피고는 미국에서의 저작권 침해소송을 회피할 수 있을 것이다. 이상과 같이 헤이그 협약이 외국판결의 승인 및 집행을 가능하게 하고 있음에도 불구하고, 외국법원의 판결이 다수의 가맹국가에서 집행되지 못하는 가장 큰 장애는 대다수의 국가들이 외국법원의 판결이 공서양속(Public Policy)에 반하는 경우 판결을 승인하지 않는 예외규정을 두고 있기 때문이다. 미국의 경우, Uniform Recognition Act와 Restatement(Third) of Foreign Relations에 따른 공서양속의 예외규정(Public Policy exception)은 외국법원의 판결의 승인을 부인하는 근거가 된다. Yahoo! 사건에서 Yahoo! Inc.의 옥션 사이트를 통해 독일 나치 소장물의 판매가 이루어졌는데, 프랑스 형법상 이는 범죄행위에 해당하므로, 프랑스 법원은Yahoo! Inc.에게 프랑스 이용자가 당해 옥션 사이트에 접속할 수 없도록 모든 가능한 조치를 취할 것을 명하였다. 이에 미국 법원은 프랑스 법원의 판결은 Yahoo! Inc.의 미국헌법 제1 수정(First Amendment)의 언론의 자유(freedom of speech)에 반하므로 판결의 집행을 거부하였는데 이는 공서양속의 예외규정을 보여주는 예이다. 헤이그 협약 제28조와 WIPO 협약초안 제25조 또한 공서양속의 예외규정을 두고 있다. 본 논문은 인터넷과 통신기술의 발달로 야기되는 다국적 저작권 침해사건에서 한 국가의 법원의 저작권 침해금지판결이 다수의 국가에서 승인 및 집행될 수 있는 능성을 헤이그 협약과 WIPO 협약초안 및 미국판결을 중심으로 살펴보았다. 국제적으로 통일된 저작권법이 존재하지 않고 외국 판결의 승인을 부인하는 예외조항과 외국판결의 집행에 관한 각국의 이해관계와 준거법의 해석이 다른 현시점에서 지적재산권의 속지주의를 뛰어넘어 외국법원의 판결을 국제적으로 집행하는 것은 다소 어려움이 있어 보이나 국제적인 집행가능성의 열쇠를 제시하는 헤이그 협약과 장래의 국제조약에 그 기대를 걸어볼 수 있겠다.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• Journal of Wetlands Research
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• v.18 no.4
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• pp.394-403
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• 2016

This study was carried out to verify change and relationship between the concentration of chlorophyll-a and environmental factors including weather, water quality and discharge at before & after Gangcheon and Ipoh weir construction at Namhan river, based on the weather and water quality data provided by the measuring network. We classified the period of before & after weir construction by the cluster analysis with Ward's method, and also through the correlation analysis between the concentration of chlorophyll-a and environmental factors, the influence factors related with algae occurrence(Chlorophyll-a) were analyzed. The result by cluster analysis based on data of the total 12 factors (water temperature, rainfall, daylight, pH, DO, BOD, COD, T-N, $NH_3-N$, $NO_3-N$, T-P, $PO_4-P$) from 2005 to 2015 indicated a clear classification into two periods, before(2006-2007) & after (2012-2013) weir construction. After weir construction, class of BOD at Gangcheon weir was better than before, changed from II class to Ia class, and likewise class of BOD at Ipoh weir was improved from II-III class to Ia-IIclass. Also T-P and T-N concentration also were to be improved in general after weir construction. Concentraion of Chlorophyll-a afterGangcheon and Ipoh weir construction was to be decreased. However, frequency of algae warning was increased from 9 to 15 after Ipoh weir construction due to increasing of HRT and water temperature. After weirs construction, the result of correlation analysis between weather, water quality and discharge and concentration of chlorophyll-a indicated a positive correlation, order of BOD(0.579) > COD(0.413) > temperature(0.237), and a negative correlation, order of $NO_3-N$(-0.344) > T-N(-0.293) at Gangcheon weir. And there were likewise positive correlation, order of BOD(0.795) > pH(0.581) > Water temperature(0.422), and negative correlation, order of $NO_3-N$(-0.457) > T-N(-0.371) > $NH_3-N$(-0.326) > $PO_4-P$(-0.288) > Discharge(-0.213) after Ipoh weir construction. Although water quality after Ipoh weir construction was generally improved, increase of frequency of algae warning occurrence was influenced by change of water conditions such as reduction of the velocity, increase of HRT and water temperature, etc impacted strongly by change of the stream flow more than change of water environments after weir construction.

• Analytical Science and Technology
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• v.14 no.2
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• pp.159-166
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• 2001

A humic acid(HA, Aldrich Co) sample was subjected to ultrafiltration for molecular size fractionation and three fractions of different nominal size($F_1$: 1,000-10,000 daltons; $F_2$: 10,000-50,000 daltons; $F_3$: 100,000-300,000 daltons) were obtained. The structural characteristics of the size-fractionated HA were analyzed using their IR and solid state C-13 NMR spectral data, and the carboxylate group contents of the humic acids were determined using their pH titration data. The $^7F_0-{^5}D_0$ excitation spectra of Eu(III) complexes of the size-fractionated mgHA in aqueous solution were acquired($[Eu(III)]=1.0{\times}10^{-4}mol\;L^{-1}$, $(HA)=470-970mg\;L^{-1}$) at pH 5.0 using a pulsed tunable laser system, in which metal binding properties of the size-fractionated HA were elucidated and compared on another. Characterization of the IR and C-13 NMR spectral data indicated that the fraction($F_3$) with molecules of larger size were primarily aliphatic, while the fractions($F_1$, $F_2$) with smaller molecules of less than 50,000 daltons were predominantly aromatic. Titration data were consistent with an increase in the number of carboxylate groups per unit mass as molecular size became smaller. The $^7F_0-{^5}D_0$ excitation spectral data of Eu(III)-humate complexes showed that the peak maxima on these spectra were shifted toward lower energies with increasing molecular size of HA, indicating the higher degree of bindings of the Eu in the molecules of larger size. We also discussed the relationship of the lower energy shifts of the maximum peaks with increasing the molecular size of HA with the structural differences of the size-fractionated HA.