• Title/Summary/Keyword: Family court

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Pigments in the Letters of Hanging Boards of the Joseon Royal Court and Reproduction Experiments (조선왕실 현판 글자의 금색 안료와 재현 실험 연구)

  • LEE Hyeyoun;LEE Minhye;LEE Heeseung
    • Korean Journal of Heritage: History & Science
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    • v.56 no.3
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    • pp.118-135
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    • 2023
  • Hanging boards of the Joseon royal court are hung on buildings related to the royal family, such as palaces and Jongmyo Shrine, to show the hierarchy and character of the building. In addition, the manufacturing method and materials are recorded in the royal protocols of the Joseon Dynasty, so it is an important material for studying the manufacturing method and material changes at that time. However, the hanging boards were restored several times due to fire or war, and it is presumed that there is a change in the original form and material of the hanging boards. In particular, many hanging boards of the Joseon royal court were written with calligraphy by kings, so there are many forms consisting of gold letters on a black background. This study tried to analyze the pigments remaining in the letters of 44 of the Joseon royal hanging boards, which are presumed to be gold letters, and to find out the changes in the hanging board production method and materials by referring to the analysis results. The letters of the hanging boards studied were classified according to the current state of the gold pigment and the detected components. As a result of the analysis of character pigments, 24 embossing techniques and 5 intaglio techniques were mainly detected with gold (Au), but 15 embossing techniques were detected with brass (Cu, Zn). Only blue-green substances, not gold pigments, remain in some of the hanging boards in which brass components were detected. A reproduction experiment was conducted because the pigments of the brass component were not recorded in the literature and were not currently used as Dancheong pigments. In the reproduction experiment, it was difficult to confirm the application and use of brass pigments due to the limitations of materials, but it is judged that research on the timing and method of using brass pigments is needed in the future.

Proving Causation With Epidemiological Evidence in Tobacco Lawsuits (담배소송에서 역학적 증거에 의한 인과관계의 증명에 관한 소고)

  • Lee, Sun Goo
    • Journal of Preventive Medicine and Public Health
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    • v.49 no.2
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    • pp.80-96
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    • 2016
  • Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

Review of 2015 Major Medical Decisions (2015년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Lee, Dong Pil;Lee, Jung Sun;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.299-346
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    • 2016
  • There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

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A Study on Tea Culture and Manner: focused on the Blooming Lotus Pond Tea (차문화와 예절에 관한 연구: 연지화개기호차를 중심으로)

  • Lee Il Hee
    • Journal of Family Resource Management and Policy Review
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    • v.8 no.3
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    • pp.1-14
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    • 2004
  • This is a historical study of the tea culture and its manners after checking the origin of the tea culture in Korea. Also I created the Blooming Lotus Pond Tea which can be utilized in various meetings or at homes in connection with the tea culture and etiquette by studying good manners, clothing and light refreshments in 'Kyucongyogyul' by Lee-E, 'Karyejibramdo' by Kim Jang-Seng and other books of the Chosun Dynasty. I created the Blooming Lotus Pond Tea by referring to the tea-ceremonies described in the poems by Hong Inmo, his wife, Lady Suh, and her descendants. They can be better harmonized with the modem tea culture rather than the strict procedures of traditional court ceremonies or marriage, funeral, and other formal tea ceremonies. About the costumes of the nobilities, that is especially referred to Kyukmongyogyul by Lee-I of the Chosun Dynasty for the etiquette, also 'The Living Manners' by Professor Lee Gilpyo and Choi Baeyong. In addition, the tea-food is made based on 'the five elements'. The Blooming Lotus Pond Tea is made of frozen lotus flowers and prepared in the lotus formed broad-rimmed tea-utensils and supposed to be shared with family members or guests. It's recommended to hold a poetry-party with a tea-party. At present, this kind of daily tea ceremony is being developed at homes. It'll be desirable if it could recreate the traditional way as a ceremonial tea culture. In that case, it'll regain the quality of the traditional etiquette by harmonizing tea culture and manners. Such a tea culture can contribute to the quality of people's ordinary life and the identity of our country.

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A Study on the Function of Mats the Banquet space in the Joseon Dynasty (궁궐 연향 공간의 지의(地衣) 연구)

  • Seok, Jin-Young
    • Journal of architectural history
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    • v.29 no.6
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    • pp.79-88
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    • 2020
  • During the Joseon Dynasty, the rituals that were celebrated in the palaces were mainly held inside the palace and in the courtyard of the palace. Mats were spread on the floor of the place where the ritual was held. The mats spread in the Joseon Dynasty rituals divided the space in various ways, and in particular, they were spread in a certain form in the spaces of royal wedding, customs, and court banquet. Mats were the primary physical element that divided the royal ritual space of the Joseon Dynasty, and functioned to elevate the general space to the ritual space. In the ritual space, mats were spread inside the palace, and divided the courtyard of the palace into left and right in a symmetrical form to distinguish the hierarchy of the participants. Mats with special and white patterns were spread in the external ceremonial space and mats with flower and colorful patterns were spread in the internal ceremonial space. This was the subdivision of the Confucianism's male-female division through the mat. The pattern of the mat that divided the space of the royal family elders also meant longevity to reflect the filial thoughts of the Confucianism through the mat. Mats were a physical element for subdividing the royal family and the participants in the hierarchy of the space where the ritual is held, and it also performed a subdividing function between the royal participants. In other words, in the Joseon Dynasty ritual space, mats were temporarily spread while the ritual is being celebrated and functioned to elevate the space to a ritual space. It is confirmed that the fact that the mats were temporarily spread to divide the space into the hierarchies according to the status and were subdivided into colors and patterns to perform the function to reflect the subdivision of the royal family according to Confucianism and the statue of filial piety in the ritual.

Death with Dignity and the Right to Decide (생명권과 자기결정권, 그리고 의사의 진료의무)

  • Yoo, Seung-Ryong
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.11-52
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    • 2008
  • Based on foreign examples and past debates, the minimal conditions for passive euthanasia can be suggested as following; (1) The patient is incurable by modem medical practice and his death is impending (less than 6 months), (2) Euthanasia is practiced solely to relieve physical pain of the patient, (3) If the patient can express his will, there should be a clear and sincere request or consent, (4) More than 2 doctors including doctor in charge should consent, (5) Euthanasia should be practiced in ethical way, (6) Patient family should agree(when the patient will is assumed.) It is hard to resolve issues regarding euthanasia based on past rulings and cases without concrete law. As in United States and Germany, clear and objective provisions of euthanasia and definitive method for patient's advanced directive should be legislated to resolve medical conflict and to relieve patient and family from agony. And death with dignity debate will not be able to proceed if it is only substantively approached because of unclear definition of euthanasia and benefit comparison way of thinking. Thus it is important to establish definitive process to decided legislation of euthanasia act and resolving conflicts arising from each step of the process among interested parties exchanging medical/ethical opinions.

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Jang(Fermented Soybean) in Official and Royal Documents in Chosun Dynasty Period (조선조의 공문서 및 왕실자료에 나타난 장류)

  • Ann, Yong-Geun
    • The Korean Journal of Food And Nutrition
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    • v.25 no.2
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    • pp.368-382
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    • 2012
  • This paper investigated the system that is relevant to Jang(fermented soybean paste or solution), the relief of hunger-stricken people by Jang, 33 kinds of Jang, and its consumption in the documents, such as the annals of the Chosun Dynasty, Ihlseong-document, Seungjeongwon daily, Uigwe(record of national ceremony), official documents on the basis of Kyujanggak institute for the Korean studies and data base of Korean classics. There are lots of Jang named after the place of particular soybean's production from the ancient times. Jang, soybean, salt and Meju(source of Jang), during the Dynasty, were collected as taxation or tribute. In the 5th year of Hyeonjong(1664), the storage amount of soybean in Hojo(ministry of finance) was 16,200 $k{\ell}$, and its consumption was 7,694 $k{\ell}$ a year. In the 32nd year of Yongjo(1756), the 1,800 $k{\ell}$ of soybean was distributed to the people at the time of disaster, and in his 36th year(1756), the 15,426 $k{\ell}$ of soybean was reduced from the soybean taxation nationwide. The offices managing Jang are Naejashi, Saseonseo, Sadoshi, Yebinshi and Bongsangshi. Chongyoongcheong(Gyeonggi military headquarters) stored the 175.14 $k{\ell}$ of Jang, and the 198 $k{\ell}$ of Jang in Yebinshi. There are such posts managing Jang as Jangsaek, Jangdoo, and Saseonsikjang. In the year of Jeongjong(1777~1800), the royal family distributed the 3.6 $k{\ell}$ of Meju to Gasoon-court, Hygyeong-court, queen's mother-court, queen's court, royal palace. The 13.41 $k{\ell}$ of Gamjang(fermented soybean solution) was distributed to the Gasoon-court, 17.23 $k{\ell}$ to Hegyeong-court, 17.09 $k{\ell}$ to the queen's mother-court, and the 17.17 $k{\ell}$ to the queen's court each. There are 112 Jang-storing pots in the royal storages, and the 690 are in Namhan-hill, where the 2.7 $k{\ell}$ of fermented Jang was made and brought back by them each year. At the time of starvation, Jang relieved the starving people. There are 20 occasions of big reliefs, according to the annals of the Chosun Dynasty. In the 5th year of Sejong(1423), the 360 $k{\ell}$ of Jang was given to the hunger-stricken people. In his 6th year(1424), the 8,512.92 $k{\ell}$ of rice, bean, and Jang was provided and in the 28th year(1446), the 8,322.68 $k{\ell}$ of Jang was also provided to them. In the Dynasty, Jang was given as a salary. In case that when they were bereaved, they didn't eat Jang patiently for its preservation. They were awarded for their filial piety. In the annals of the Chosun Dynasty, there are 19 kinds of Jang. They are listed in the order of Jang(108), Yeomjang(90), Maljang(11), Yookjang(5), Gamjang(4), and etc.,. In Seungjeongwon daily, there are 11 kinds of Jang. Jang(6), Cheongjang (5), Maljang(5), and Tojang(3) are listed in order. In the Ihlseong-document, there are 5 kinds of Jang. They are listed in Jang(15), Maljang(2), Gamjang(2), and etc.,. There are 13 kinds of Jang in Uigwe, and the official documents, in the order of Gamjang(59), Ganjang(37), Jang(28), Yeomjang(7), Maljang(6), and Cheongjang(5). In addition, shi are Jeonshi(7), and Dooshi(4). All these are made of only soybean except, for Yookjang. The most-frequently recorded Jang among anthology, cookbook, the annals of the Chosun Dynasty, Ihlseong-document, Seoungjeongwon daily, Uigwe, or official document is Jang(372), and then Yeomjang(194), Gamjang(73), Cheongjang(46), Ganjang(46), Soojang(33), and Maljang(26), which were made of soybean. Jang from China in cookbook is not in anthology and royal palace documents. Thus, traditional Jang made of soybean was used in the daily food life in the royal court, and in the public during the Chosun period.

Review on the Justifiable Grounds for Withdrawal of Meaningless Life-sustaining Treatment -Based on a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009)- (무의미한 연명치료 중단 등의 기준에 관한 재고 - 대법원 2009.5.21 선고 2009다17417사건 판결을 중심으로 -)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.309-341
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    • 2009
  • According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

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Measurement of Skin Dose Distribution for the Mobile X-ray Unit Collimator Shielding Device (이동형 X선 장치 차폐도구 제작을 통한 표면선량 분포 측정)

  • Hong, Sun-Suk;Kim, Deuk-Yong
    • Korean Journal of Digital Imaging in Medicine
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    • v.12 no.1
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    • pp.5-8
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    • 2010
  • Opened a court in February 10, 2006, a rule of safety management of the diagnosis radiation system was promulgated for safety of the radiation worker, patients and patients' family members. The purpose of this rule is to minimize the risk of being exposed to radiation during the process of handling X-ray. For this reason, we manufactured shielding device of mobile X-ray unit collimator for diminution of skin dose. Shielding device is made to a thickness of Pb 0.375mm. For portable chest radiography, we measured skin dose 50cm from center ray to 200cm at intervals of 20cm by Unfors Xi detector. As a result, a rule of safety management of the diagnosis radiation system has been strengthened. But there are exceptions, such as ER, OR, ICU to this rule. So shielding device could contribute to protect unnecessary radiation exposure and improve nation's health.

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Advanced Practice Nurse System and Unlicensed Medical Practice (전문간호사 제도와 무면허 의료행위 - 대법원 2010.3.25. 선고, 2008도590 판결 중심으로 -)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.173-198
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    • 2010
  • There is a system in Korea named "Advanced Practice Nurse System" qualified by the Minister of Health, Welfare and Family Affairs for Advanced Practice Nurse besides nurse licence. Medical practice is, in today's medical law, understood as a general concept colligating medical practice, nursing practice and midwife practice and so on, for it is defined as a deed of medical technique practiced by medical personnel. Referring to the fact that the Supreme Court recognizes medical personnel as people who have medical expert knowledge, nursing practice can be recognized as a region of medical business and therefore it is not necessary to prescribe nursing practice separately from the definition of medical practice on a precedent, because nurse belongs to medical personnel. According to the precedent regarding 'Unlicensed Medical Practice of Advanced Practice Nurse for Anesthesia' recently sentenced by the Supreme Court, the medical practice is only allowed a doctor because it is 'in need of special knowledge and experience because of high danger on human body' and it is judged to be an unlicensed medical practice prohibited in medical law if it is to be done by a nurse. When considering the actual situation that System for Advanced Practice Nurse for Anesthesia is established under the circumstance that an anesthetist is in want and therefore the operation has not been performed on time, and that it is being expected an anesthetist to be in need, it is necessary to legislate for the range of medical practice of Advanced Practice Nurse so that Advanced Practice Nurse System can be practically legalized, for the role of Advanced Practice Nurse has the great possibility of shrinking because the precedent has considered Advanced Practice Nurse for Anesthesia doing anesthetic operation in clinic today as a potential wrongdoer.

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