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Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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Petrological Characteristics and Origin of Volcaniclasts within the Massive Tuff Breccia Formation from Dokdo Island, Korea (독도 괴상 응회질 각력암층에서 나타나는 화산암편의 암석학적 특성과 기원)

  • Shim, Sung-Ho;Im, Ji-Hyeon;Jang, Yun-Deuk;Choo, Chang-Oh;Park, Byeong-Jun;Kim, Jung-Hun
    • The Journal of the Petrological Society of Korea
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    • v.19 no.2
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    • pp.141-156
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    • 2010
  • Dokdo Island, Korea, is located in the East Sea belonging to back arc basin. In this study we examined petrology and geochemistry of massive tuffaceous breccia (MTB) from Dongdo (Eastern islet) and Seodo(Western islet), the two largest islands of Dokdo. Field studies and chemical analysis distinguish the MTB in Dongdo and Seodo. The Dongdo MTB (DMTB) is exposed up to 50 m on the ocean cliff and it has dominant basalt and trachybasalt with moderate amount of trachyte and scoria. On the other hand, Seodo MTB (SMTB), which is preserved between trachyte dike and trachyandesite, is composed of roughly equal amounts of basalt, trachybasalt and trachyte. The location of the islets were related to the source vent having in contact with underlying trachyte lava and differential pyroclastic deposits made them different characteristics. According to trace element analysis of trachytic volcanic clasts, the Ba concentration ranges from 66 to 103 ppm and Sr varies from 44 to 56 ppm in DMTB. However, Br and Sr in SMTB correspondingly showed relatively wide ranges: Br 785-1259 ppm and Sr 466-1230 ppm. These differential trends between DMTB and SMTB, along with the difference in P and Ti, indicate that the crystallization of alkali feldspar, feldspathoid, biotite, apatite and titanium took place differently. Nevertheless, DMTB and SMTB are similar in REE patterns and they are correspondingly characterized by high LREE, low HREE and similar $(La/Yb)_N$ values with 23.9-40.2 in DMTB and 27.4-32.9 in SMTB. These patterns suggest that Dongdo and Seodo might be originated from coeval magma suites. Dokdo island shows high concentrations of Ba, K and Rb. These signatures mark a result attributed to the mantle upwelling because the magma derived from the asthenosphere was metasomatized with subduction-related fluids.

The Recognition about Food Wastes Treatment at Yongin Area

  • Kim, Jeong-Hyun;Kang, Hee-Joo;Kim, Kyung-Tae;Kim, Hyun-Soo;Hwang, Seong-Hee;Kim, Yong-Chul;Kim, Pan-Gyi
    • Journal of Environmental Health Sciences
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    • v.30 no.4
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    • pp.329-343
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    • 2004
  • We conducted to investigate citizen's attitude to the treatment of food waste in Yongin city. The respondent of $41.81\%$ throws the food waste eliminate from home and store less than 1l in Yongin. When they dump the food waste, they speak out the inconvenience of damaged envelope by animals in case of home and store. This caused troubles for reason of sanitary. So a local autonomous entity must carefully consider of expand use specially designed container as like apartment house. They give an answer that the collecting time of food waste is suitable form dawn till morning. This answer shows the satisfaction of the period time to collect the food waste. They prefer to be appointed the exclusive place to collect food waste. The service interval of collect is suitable 1 time a day. They want to increase the number of washing of the collecting container. This is good method for sanitary condition, but the care of the period time to collect the food waste is more efficient than the care of the number of washing the collecting container. The care of the period time minimizes to incur the enmity of the people and to pollute in environment. The major of respondent handled the food waste after keeping the basket or a kit. This fact shows to us almost citizen doesn't feel the seriousness to remove the moisture of the food waste. Recently, many solutions which can be disposal efficiently are getting magnified and improved owing to increase utilities channel to loss in quantities and dry the food waste. We expect the reduction of food waste is solved getting easily step by step. The results of the awareness about the facility of food waste show citizen prefer recycling facility to the other facilities. If recycle facility and incineration facility are constructed, they were worried about bed smell. When some facility of the food waste is constructed, they have to maintain and to handle not to incur the enmity of the people. The spread rate of specially designed container already increased, the citizen set a high value on the use of specially designed container more than amount-rate vinyl envelope that people have used for several years. In the cost treatment about food waste, the major respondent answered the use cost of specially designed container is suitable price. So we can know the use charge is proper level. The majority of citizen more prefer autonomous plan which voluntary atmosphere creation and public information by mass media than levy system and rising treatment cost which forced plan. The citizens have pretty positive thinking of incineration, so the government needs more efforts for a public notice, which includes the incineration is no more than abandoned thing. Each of local self government has to sort the food waste and make kind of resource system related to collecting and carrying, constructing a suitable facility, proper disposal of the food waste and producing harmless in our surrounding in order to solve the invisible problems. To do above mentioned things, we have to analyze referred several problems till now. Also, to minimize the side effect, the government will have to improve through enforce the system.

Stage Costume Design for Performance Hamlet (II) - The Study on Pattern and Manufactured Product - (햄릿 공연을 위한 무대의상 디자인 (II) - 패턴 및 실물제작 -)

  • Kim, Soon-Ku;Hwang, Seong-Won
    • Fashion & Textile Research Journal
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    • v.6 no.1
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    • pp.41-50
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    • 2004
  • This research proposes the on-stage costumes for the play Hamlet of Shakespeare performed by Yunheedan Guhri Pae - the Street Theater Troupe. Stage costumes have an important role in displaying the characteristics of each characters to the audience and has big visual effects. However, in order to design the costumes in the object viewpoints of the audience, the survey on the images of the characters who had actually watched the performance was taken place and proposed the costume design according to the results of the survey. Hamlet a: This result was applied to propose a sweater in black color, black leather pants and vest. Hamlet b: This result was applied to propose hooded coat in purple in middle level of brightness and color spectrum and yellow coat. For free image, loose pants in blue and vest in the same color tone were proposed. Gertrude a: This result was applied to use purple (violet) with reddish tone to propose the formation of a dress applying tailored suit. Gertrude b: This result was applied to propose purple gown and the one-piece dress with black laces. Ophelia a: This result was applied to propose feminine white dress and cape in purple color tone. Ophelia b: This result was applied to propose dyed and weaved clothes. Through the surveys as above, the images of each character was driven in adjectives, and using the results driven from the brightness, coloration, and color, color images were proposed. Only one costume cannot make up for the stage costumes and because it exists as an element of stage production, it is true that costumes are limited in some areas. However, that limit can become the motive of the costume. There is a limit, which the designer cannot produce the costumes as he or she had designed but I believe it is the center of the on-stage customers to display the characteristics of the characters according to the given concept. The limit of this research is the fact that because the costumes were designed so they fit the conditions already given, thus it was difficult to regard the process of designing and producing the costume as a project done according to the interaction. And in the future, if it is possible, I wish for the joint research with the people responsible for stage art to take place as a practical stage art. It was possible to produce practical costume since they were produced for actual performance and the production of costumes considering the dance steps, line of flow, and acting, was able to reduce the trial and error on stage. Through this research, I felt that the understanding and smooth interaction on diverse other areas not limited to the costume design should be taken place and believe that this was a research that proposes new research method since there had been only a few previous research regarding the on-stage costumes for actual performances. Therefore, this research had depended on the surveys given to the audiences to endow objectivity, however, I wish this research can contribute to defining effective process and methods for the on-stage costumes with more active researches with diverse methods and in diverse areas. I am sorry that the costume production for all the characters and all the scenes in Hamlet couldn't be done due to many limitations. As the following research assignment, I am planning on designing the costumes for all the scenes.

Characteristics of Radon Variability in Soils at Busan Area (부산광역시 일대의 토양 내 라돈 농도 변화 특성)

  • Kim, Jin-Seop;Kim, Sun-Woong;Lee, Hyo-Min;Choi, Jeong-Yun;Moon, Ki-Hoon
    • Economic and Environmental Geology
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    • v.45 no.3
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    • pp.277-294
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    • 2012
  • The characteristics of temporal spacial radon variation in soil according to parent rock type and affecting factors were studied in Busan, Korea. The concentration of $^{222}Rn$ in soils and their parent elements ($^{226}Ra$,$^{228}Ra$, U and Th) in rocks and soils were measured at 24 sites in Busan area. The distribution and transportation behavior of these parent elements were analyzed and their correlations to radon concentration in soil were determined. Topographic effects were also evaluated. Two in-situ radon measurement (soil probe and buried tube) methods were applied to measure radon concentration in soil and their accuracies were evaluated. The spatial variation of radon in soil generally reflected U concentration in the parent rock. Average radon concentrations were higher in plutonic rocks than in volcanic rocks and were decreased in the order of felsic>intermediate>mafic rock. However, the radon concentrations were significantly varied in soils developed from same parent rocks due to the disequilibrium of U and $^{226}Ra$ between rock and soil. As results, the correlation of these element concentrations between rocks and soils was very low and radon concentrations in soils had highly co-related to the concentrations of these elements in soils. Th and $^{228}Ra$ show complex enrichment characteristics, differing significantly with U, in soils developed from same parent rock because the geochemical behavior of these elements during weathering and soil developing process was different with U. The radon concentrations in the same depth of soil in slope area were also different according to positions. The radon concentrations in soils developed from same parent rocks (19 sites at Pusan National University) varied 6.8~29.8Bq/L range because of small scale topographic variation. The opposite seasonal variation pattern of radon were observed according to soil properties. It was determined that buried tube method is more accurate method than soil probe method and was very advantageous application for the analysis for the characteristics of temporal spacial radon variation in soil.

Geochemical Characteristics and Pollution Level of Heavy Metals of Asian Dust in Daejeon Area, 2007 (spring season) (2007년 봄철 대전지역에서 발생한 황사 및 대기부유물의 지구화학적 특성 및 중 금속의 오염도)

  • Lee, Pyeong-Koo;Youm, Seung-Jun;Bae, Beob-Geun
    • Economic and Environmental Geology
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    • v.45 no.3
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    • pp.217-235
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    • 2012
  • We evaluated the geochemical characteristics and their potential pollution of Asian Dusts in Daejeon, Korea during spring 2007. Compared with the chemical compositions of soils in source area of Asian Dust, those of aerosols in Daejeon were enriched with trace elements (ten to hundred fold), inferring that pollutants from China have affected on local environment in adjoining country such as Korea. Chemical analysis of aerosols during Asian dust showed that fine particles ($PM_{2.5}$) contained high contents of trace elements such as Cr, Cu, Pb, Zn, V, S, As, Cd, Co, Ni, Mo, Sb, Cs, Rb, Th, Sc and Y. In the case of TSP (Total Suspended Particle), Zr, Sr, Ba, Li, Th and U were contained much more than other trace elements. The contents of some elements (i.e. Li, Cs, Co, U, Cr, Ni, Rb, V, Th, Y, Sr and Sc) in aerosols collected in Asian Dust period, which are not likely enriched by air pollutants, were higher (2 - 4.2 fold) than those in Non Asian Dust period, indicating that these elements could be used as indicator elements for determining the occurrence of Asian Dust phenomena (especially, Sr, V, Cr & Li). In the case of Asian Dust coming through the big cities and/or industrial areas of China, the domestic aerosols had higher contents of trace elements (such as S, Cd, Zn, Pb, Cu, Mo and As) than those from Northeastern China via North Korea, indicating that the transportation courses of air mass are very important to determine the pollution degrees. Using the enrichment factors of trace elements in aerosols during Asian Dust and Non Asian Dust, we identified that some elements (i.e. S, Zn, Cu, Pb, As, Mo and Cd) were most problematic in terms of environmental hazard aspects, and these elements could affect adverse effects on human health as well as ecosystem and surface environment (soil and water) through long-lived precipitation.

A Study about Development of Environment Printing Technology and $CO_2$ (환경 인쇄 기술의 발전과 인쇄물의 $CO_2$ 발생량에 관한 연구)

  • Lee, Mun-Hag
    • Journal of the Korean Graphic Arts Communication Society
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    • v.30 no.3
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    • pp.89-114
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    • 2012
  • For as to world, the concern about the environment problem is enhanced than any other time in the past because of being 21 century. And the environment problem is highlighted as the world-wide issue. The time of the environment problem intimidates the alive of the mankind and presence of an earth over the time. It becomes the essentiality not being selection in the personal living or the economical viewpoint now to prepare for the climatic modification. As to the company management, the green growth period which it excludes the environment management considering an environment, cannot carry on the company the continued management comes. That is, in the change center of the management paradigm, there is the environment management. Nearly, the greenhouse gas which the publication industry is the environmental toxic material like all industries is generated. The greenhouse gas is ejected in the process of running the manufacturing process and print shop of the various kinds material used as the raw material of the book. Particularly, the tree felling for getting the material of the paper is known to reach the direct influence on the global warming. This study does according to an object it considers and organizes the environment parameter based on this kind of fact as to the publication industry. And it is determined as the reference which is used as the basic materials preparing the case that carbon exhaust right transaction(CAP and TRADE) drawing are enforced in all industries and is sustainable the management of the publication industry and reduces the environmental risk among the company many risk management elements and plans and enforces the publication related policy that there is a value. In the printing publication industry, this study tried to inquire into elements discharging the environmental pollutant or the greenhouse gas. Additionally, in the printed publication production process, it tried to inquire into the effort for an environment-friendly and necessity at the printing paper and the printers ink, regarded as the element discharging the greenhouse gas all kinds of the printing materials, operation of the print shop and all kinds of the machines and recycle process, and etc. These considerations make these industrial field employees aware of the significance about a conservation and environmental protection. They try to give a help in the subsequent study producing quantitatively each environmental parameter emission of green house gas. This makes the calculation of the relative $CO_2$ output reproached ultimately possible. Meanwhile, in a sense, many research protects and improving an environment in connection with the contents of research at the printing publication industrial field is in progress. There will be the voluntary human face that it has to protect an environment but this can not do by the outside factor according to all kinds of environment related law and regulation. Anyway, because of acting on company management as the factor of oppression, the increase of this environment-related correspondence cost could know that the research that the environment loading relates with a procurement and development, environment management system introduction, quality control standard, including, normalizing including a material, and etc. through the part of the effort to reduce the cost low was actively in progress. As to the green growth era, as follows, this paper prescribed the subject and alternative of the print publication industry. It is surrounded by the firstly new digital environment and the generation of the subject. And secondly the printing industry is caused by the point of time when the green growth leaves by the topic which is largest in the global industry and it increases. The printing publication industry has to prepare the bridgehead for the environment-friendly green growth as the alternative for this resolution with first. The support blown in each industry becomes the obligation not being selection. Prestek in which the print publishing was exposed to spend many energies and which is known as the practice of the sustainable print publishing insisted that it mentioned importance of the green printing through the white pages in 2008 and a company had to be the green growth comprised through the environment-friendly activity. The core management for the sustainable printing publication industry presented from Presstack white pages is compacted to 4 words that it is a remove, reduce, recover, and recycle. Second, positively the digital printing(POD) system should be utilized. In the worldwide print out market, the digital printing area stops at the level of 10% or so but the change over and growth of the market of an analog-to-digital will increase rapidly in the future. As to the CEO Jeff Hayes of the Infoland, the offset print referred to that it of the traditional method got old and infirm with the minor phase of the new printing application like the customer to be wanted publication and the print of the digital method led the market. In conclusion, print publishers have to grasp well the market flow in the situation where a digitalization cannot be generalized and a support cannot avoid. And it keeps pace with the flow of the digital age and the recognition about the effort for the development and environment problem have to be raised. Particularly, the active green strategy is employed for the active green strategy.

A Study on Legal Issues with Airline Over-booking Practice (항공권 초과예약의 법률적 문제에 관한 연구)

  • Jeong, Jun-Sik;Hwang, Ho-Won
    • 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.

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Genesis and Characteristics of the Soil Clay Minerals Derived from Major Parent Rocks in Korea II. Physical and Chemical Properties of the Whole Soils (한국(韓國)의 주요(主要) 모암(母岩)에서 발달(發達)된 토양점토광물(土壤粘土鑛物)의 특성(特性)과 생성학적(生成學的) 연구(硏究) II. 토양(土壤)의 이화학적(理化學的) 특성(特性))

  • Um, Myung-Ho;Kim, Tai-Soon
    • Korean Journal of Soil Science and Fertilizer
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    • v.24 no.2
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    • pp.79-85
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    • 1991
  • This study reports on the physical and chemical properties of the whole soils (<2mm) derived from five major rocks of granite, granite-gneiss, limestone, shale, and basalt in Korea. The properties were considered from the kind and frequency distribution of rock-forming minerals in the parent rocks. In particle size distribution, sand fractions were high in the soils from granite-gneiss, silt fractions mainly, in the residual soils from limestone, shale, and basalt. And clay fractions were particularly high in the colluvial soil from limestone and the old alluvial soil from basalt. pH, extractable Ca and Mg, and cation exchange capacity of the soils derived from limestone might be considered to be high due to the presence of sand and/or silt-sized calcite and dolomite inherited from the parent rocks. However, the soils derived from granite and granite-gneiss, being abundant in feldspars, quartz, and micas, showed a tendency to the contrary. A soil from shale composing of high quartz tended to have pH. extractable Ca, base saturation, and low exchangeable Al. In total element analysis, the soils derived from parent rocks with high contents of (i) orthoclase and micas, (ii) biotite, primary chlorite, and augite, and (iii) carbonate minerals and plagioclase as a rock-forming mineral showed a tendency to decrease the contents of $K_2O$, $Fe_2O_3$ and MgO, and CaO in comparison with those of their parent rocks.

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Assessment of Contamination and Geochemical Dispersion by Heavy Metals in Roadside Tree Leaves of Platanus occidentalis and Soils in the City of Seoul (서울시 가로수목 중 플라타너스 잎과 토양의 중금속 원소에 대한 지구화학적 분산과 오염평가)

  • Choo, Mi Kyung;Lee, Jin-Soo;Lee, Jeonghoon;Kim, Kyu-Han
    • Economic and Environmental Geology
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    • v.47 no.4
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    • pp.405-420
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    • 2014
  • To investigate geochemical characteristics of soil and atmospheric environments by anthropogenic source, we have analyzed and determined heavy metal concentrations of the surface soils beneath roadside trees and leaves of Platanus occidentalis from 52 points in Seoul during autumn 2001. For comparison of the contents of heavy metal for the soil and leaf, we have analyzed heavy metal contents of the surface soils beneath roadside trees and leaves from 2 points in rural area of Yesan during the same time period. The composition of heavy metals of soils are relatively high for Cd, Co, Cr and Ni in industrial area (IA, Industrial Area) and high for Cu, Pb and Zn in heavy traffic area (HTA, Heavy Traffic Area). The heavy metal contents of rural area in Seoul are higher than those in Yesan. The differences of chemical compositions between the washed and unwashed leaves are high for Cd, Cu, Pb and Zn in the HTA. The element couples of Cd-Co, Cr-Ni and Pb-Zn for the soils had shown a good correlation and their contamination sources could be similar. The relationship for Pb-Cu and Cu-Zn showed good correlation in Platanus leaves. The relationship between soils and unwashed leaves show a good correlation for Cr, Cu, Pb and Zn but low correlation for Cd, Co, Fe, Mn and Ni. It is thought that the Cr, Cu, Pb and Zn were derived from contaminants of soils, whereas Cd, Co, Fe, Mn and Ni were originated from atmospheric source. From the spatial variations of elements for soils and leaves, Ni and Cr were dominant in the soils of IA and Cd, Cu and Zn were dominant in those of HTA. The Contamination by Cd-Pb and Cu-Zn in unwashed leaves were analyzed to show similar patterns. Using the enrichment factors (EF) of heavy metals in unwashed leaves, the EF sequences were to be Cu, Zn, Pb, Mn, Co, Ni, Cd and Cr. We identified that Cu, Zn, Pb and Mn were most problematic of environmental hazard in Seoul.