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'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.1
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    • pp.38-53
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    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

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Current status of dietary education in elementary, middle and high school in Gyeonggi province: Comparison according to school level and placement of nutrition teacher (경기도 초·중·고등학교의 식생활 교육 현황 : 학교급 및 영양교사 배치여부에 따른 비교)

  • Lee, Youngmi;Kwon, Soo Youn;Kim, Ji Hea;Kim, Ok Sun
    • Journal of Nutrition and Health
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    • v.50 no.6
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    • pp.645-654
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    • 2017
  • Purpose: The purpose of this study was to investigate the current status of dietary education carried out by dieticians or nutrition teachers at elementary, middle, and high schools in Gyeonggi province. We compared dietary education status not only among school level but also between dieticians and nutrition teachers. Methods: The survey using self-administered questionnaires was conducted by dieticians or nutrition teachers at 91 schools (43 elementary schools, 33 middle schools, and 15 high schools) in Gyeonggi province in December, 2015. The questionnaire consisted of questions regarding general characteristics of respondents, current status of dietary education, opinion about dietary education methods, and cooperation level of persons concerned. Results: The placement rate of nutrition teachers was 50.5% overall. Only 36 out of 91 schools conducted regular dietary education, and the percentage of schools conducting regular dietary education was significantly different according to school level with the lowest percentage in high schools, equivalent to 20% (p = 0.003). The average annual dietary education time was 12.4 hours, and it was very low in high schools (5.1 hours) and in schools without a nutrition teacher (1.6 hours). The levels of cooperation and support from principals, teachers, parents, and students were significantly lower in high schools than elementary and middle schools (all p < 0.001) and in schools without a nutrition teacher than schools with a nutrition teacher (all p < 0.05). Conclusion: The results show that the level of dietary education is not enough and needs to be improved, especially at middle and high schools and at schools without a nutrition teacher. Government support polices need to be implemented to encourage dietary educational activities.

A study on Restoration Plan of Cultural Forest and Change of $Pinus$ $densiflora$ Forest in Inwangsan(Mt.), Seoul (인왕산 소나무림의 경관변화와 문화경관림 복원방안 연구)

  • Cho, Jun-Soo;Lee, Kyong-Jae;Han, Bong-Ho;Ki, Kyong-Seok
    • Korean Journal of Environment and Ecology
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    • v.26 no.2
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    • pp.219-232
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    • 2012
  • The purpose of this study was to find characteristics of $Pinus$ $densiflora$ forests in previous records and cultural landscape regions and to establish a management method for recovery of $P.$ $densiflora$ landscape. A total of 16 landscape paintings were analyzed to study $P.$ $densiflora$ forests in Inwangsan(Mt.) shown in figure data. As a result of analyzing figure data, $P.$ $densiflora$ $forests$ were found to be distributed mainly in the ridge line of east slope side of Inwangsan(Mt.) from landscape paintings of Jung Seon, Jang Si Heung and Gang Hee Un. In order to analyze the landscape of $P.$ $densiflora$ forests shown in photograph data on Inwangsan(Mt.), photographs of Inwangsan(Mt.) since late 1800s were searched and a total of 24 photographs were used for analysis. As a result of photographic analysis, $P.$ $densiflora$ forests were found to be distributed mainly in the low area and ridge line of western slope side of Inwangsan(Mt.). As a result of analyzing the distribution status of 10 cultural heritages of Inwangsan(Mt.), cultural heritages in the mountain were mainly established with rocks and $P.$ $densiflora$ forests as the background and are establishing their landscape not only as a form of cultural heritage but also including the natural landscape in the background. A method of restoring cultural landscape of P. densiflora forests was necessary. As a result of analyzing 26 rock beds of Inwangsan(Mt.), most of $P.$ $densiflora$ forests were distributed nearby rock beds since the past. Among such regions, restoration and management of introduced species in the accumulated soil regions to $P.$ $densiflora$ forests were deemed necessary. As a result of analyzing current vegetation of $P.$ $densiflora$ forest areas of the past, 51.87% of areas maintained $P.$ $densiflora$ forest and 25.80% were changed to artificial forests. Most of low areas of the mountain were turned into urban area (10.16%). Management type for restoration of $P.$ $densiflora$ landscape of Inwangsan(Mt.) was classified into preservation, $P.$ $densiflora$ restoration and maintenance. Preservation management was configured as $P.$ $densiflora$ distribution and rocky area distribution. The targets of $P.$ $densiflora$ restoration were indigenous broad-leaf trees, vegetation areas with introduced species and damaged regions within the mountain. The targets of maintenance were urban area in the low area of Inwangsan(Mt.) and military base at the top of the mountain.

An Analytic Case Study on the Management of an Upper-level General Hospital(2010-2012)

  • Park, Hyun-Suk;Lee, Jung-Min;Baek, Hong-Suck;Lee, Jun-Ho;Park, Sang-Sub
    • Journal of Korean Clinical Health Science
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    • v.2 no.1
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    • pp.1-16
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    • 2014
  • Purpose. For a more efficient hospital management, this study aims to provide basic data so that the hospital management and staff in charge of hospital administration may systematically classify and collect hospital information, by analyzing the ordinary characters of an upper-level general hospital system and its common-type balance sheet, common-type profit and loss statement and financial ratio. Methods. By using information about an upper-level general hospital in C Province, provided by Alio(www.alio.go.kr), a public organization information provision site, Health Insurance Review & Assessment Service(www.hira.or.kr) and Ministry of Health and Welfare(www.mw.go.kr), this study analyzed 3 year's data from 2010 to 2012 and provided basic data by analyzing the ordinary characters of an upper-level general hospital system, and its common-type balance sheet, common-type profit and loss statement and financial ratio. Results. After analyzing the ordinary characters, common-type balance sheet, common-type proft and loss statement and financial ration of this general hospital, based on the 2010 to 2012 data, this study came to the following conclusions. Firstly, out of all the 1,069 hospital staff, there were 272 doctors working for 24 medical departments, out of whom the majority was 33 physicians. Most of the nurses were third-class ones, and about 2,000 outpatients and 600 inpatients on average were treated per day. Secondly, as a result of analyzing the common-type balance sheet, this study discovered that intangible assets out of fixed assets accounted for 41%, the majority, out of which usable and profitable donation asset buildings were of great importance, and the liquid assets increased more in 2012 than 2011. In the financial structure, the ratio of liquid liabilities was over 50% out of all the liabilities in 2012, and the ratio of purchase payables was high as well. The ratio of fixed liabilities reached up to 40%, out of which the retirement benefit appropriation fund was quite high. The capital was over 80%, but the surplus was in a deficit state. Compared to the capital, the ratio of total liabilities was about 90%, which indicates the financial structure of this general hospital was vulnerable. Thirdly, as a result of analyzing the common-type profit and loss statement, this study found out that the medical profits from inpatients were higher than profits from outpatients. The material cost was related to the medical quality of this general hospital, and it was as high as 30% out of the total costs and was about 45% of the labor cost. This general hospital showed 10% in the ratio of non-medical profits, and it seemed because of government subsidies. The ratios of medical profits and current net income were gradually changing for the better in 2012, compared to 2011. Lastly, as a result of analyzing the financial ratio, it was found that the liquidity ratio kept decreasing, from 110.7% in 2010 and 102.0% in 2011 to 77.2% in 2012. Besides, it was analyzed that the liquidity ratio and the net working capital ratio greatly decreased, while the quick ratio and the liquid ratio kept decreasing. Conclusions. 1. It is necessary to take the risk management into more consideration, and particularly, it is needed to differentiate and manage the levels of risk in detail. 2. By considering the fact that investments into hospital infrastructures were mostly based on liabilities, it is needed to deal with the scale of losses when evaluating risks. 3. By reflecting the character that investments into hospital infrastructures were based on liabilities, it is necessary to consider the ratio of ordinary profits as well as the ratio of operating profits to sales, and it is also important to consider sales productivity factors, such as the sales amount per a sickbed, by comparing them with other hospitals. As for limitations of this study, there may be some problems in terms of data interpretation because of the lack of information about the number of inpatients and the number of outpatients per year, which are needed for the break-even point analysis. Besides, to suggest a direction for the improvement of hospital management through analyses, non-financial factors should be reflected, such as the trend of economy, medical policies, and politic backgrounds. However, this study only focused on the common-type balance sheet, common-type profit and loss statement and financial ratio, so this study is actually limited to generalizing all the factors by analyzing public data only.

Study on Amenity and Economical Efficiency of Multi-functionality on the Grassland (초지형 축산의 어메니티 및 경제성 평가에 관한 연구)

  • Cheon, D.W.;Lee, S.Y.;Park, M.S.;Park, H.S.;Hwang, K.J.;Yun, S.H.;Ko, M.S.
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.27 no.4
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    • pp.297-312
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    • 2007
  • This study is conducted to evaluate economical value of Jeju grassland and validity of its preservation, and draw up several measures to support. To measure its economical value, this study examined its environmental value and social and cultural value. For environmental value, this study used replacement method while it applied CVM method, a widely used method, to assess social and cultural value and two-level two-best choice selection method, which ask questions by assuming virtual circumstances to avoid reflecting some biased opinions. Jeju grassland has multiple functions-environmental functions such as preventing soil corrosion and flood, handling animal excrement, and purifying air, and social and cultural functions such as promoting physical and mental health and providing recreation places. From the results of the feasibility study, Jeju grassland's annual multiple functions are assessed to have a total $397,115{\sim}418,995$ million won worth. In addition, it is found that Jeju visitors recognize Jeju grassland for its functions to contribute to public interests. That is, they think it can provide attractive views and educational and recreational places and promote emotional development. Especially, many people presented their ideas that it be continuously preserved since it is worthwhile for us and our next generations. To preserve grassland's cultural resource, which create a huge economic value like this, the Government has to support a certain amount of financial aid for turning to a better grassland environment and its maintenance to realize environment-friendly livestock farming on Jeju Island and promote its tourism industry and consequently, add more value to Jeju.

Assessment of Consumer's Food Safety Perceptions and Practices (소비자의 식품안전 인지도와 안전행동 평가)

  • Park, Ji-Yeon;Choi, Eun-Hui;Choi, Jung-Hwa;Shim, Sang-Kook;Park, Hyung-Soo;Park, Ki-Hwan;Moon, Hye-Kyung;Ryu, Kyung
    • Journal of Food Hygiene and Safety
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    • v.24 no.1
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    • pp.1-11
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    • 2009
  • Consumers are very concerned about food safety as the risk with food increased. This study was conducted to evaluate the perceptions and practices of consumers on food safety in order to collect some information for the development of consumer education program. Total 500 consumers were asked to answer for survey constituted with 6 questions of generic information, 4 of food safety perceptions and 8 of food safety practices from June to July, 2006. More than half of respondents (51.8%) were unsatisfied with the food safety management of government while the individual practices on food safety were satisfactory. Especially, most respondents (98.7%) checked the expiration date of food when they purchased and 97% of respondents were washed hands before food preparation. The higher food safety perception, the better food safety practices of consumers. These results suggest that the systematic and continuous educations on food safety hazards and the principles of sanitation management are necessary for safe food handling and perception on food safety.

Development and Evaluation of Consumer Educational Contents on Safety Management of Imported Foods for Female College Students in Seoul (수입식품 안전관리에 관한 소비자 교육 컨텐츠 개발 및 교육효과 조사 - 서울시에 거주하는 여대생 중심으로 -)

  • Jung, Ji-In;Kang, Eun-Jin;Cho, Mi-Young;Choi, Gye-Sun;Hong, Young-Pyo;Seo, Kab-Jong;Kim, Gun-Hee
    • Journal of Food Hygiene and Safety
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    • v.24 no.4
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    • pp.291-298
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    • 2009
  • This study was carried out to evaluate the consumer recognition with regard to the safety management for imported foods. In order to evaluate the effect of the prgram on consumer education, the program was practiced for 89 female college students in Seoul, Korea. The participants were given an instruction with materials on imported food safety, including the safety management of imported foods and their distribution. The results showed that the participants achieved a greater understanding of imported foods. In particular, they had firmly grasped the importance of expiration date in selecting imported foods. Before the instruction, 50.6% of total participants blamed the Korean government for the problems arising from imported foods; only 18.0% placed the blame on individuals or businesses importing from foreign countries. After the instruction, 39.3% had blamed the individuals or businesses importing from foreign countries. Furthermore, 36.0% had disapproved of the foods that are imported from China before the instruction, while 32.6% found objectionable the views on the illegally distributed foods; 29.2% criticized the junk foods that target children (after the instruction). In addition, the level of participant satisfaction via-a-vis imported foods safety supervision had improved from $2.76{\pm}1.59$(before the instruction) to $3.37{\pm}1.58$(after the instruction). The results indicate that consumers are concerned with the imported foods that contain adulterated or forbidden substances and the illegally distributed foods from foreign countries. Thus, consistent and informative educational programs on imported food safety could help consumers in choosing safer products, resulting in an improvement in the consumer confidence with respect to imported foods.

The Analysis of Cost Structure and Productivity in the Korea and Japan Railroad Industry (한국과 일본 철도산업의 비용구조와 생산성 분석)

  • Park, Jin-Gyeong;Kim, Seong-Su
    • Journal of Korean Society of Transportation
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    • v.24 no.2 s.88
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    • pp.65-78
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    • 2006
  • This paper investigates the cost structure ot the Korea and Japan railroad industry with respect to density, scale and scope economies as well as productivity growth rate using a generalized trans)og multiproduct cost function model. The paper then assumes that the Korea and Japan railway companies pi·educe three outputs (incumbent railway passenger-kilometers. Shinkansen passenger-kilometers, ton-kilometers of freight) using four input factors (labor, fuel, maintenance, rolling stock and capital). The specified cost function includes foul other independent variables: track lengths to reflect network effects, two dummies to reflect nation and ownership effects, and time trend as a proxy for technical change. The simultaneous equation system consisting of a cost function and three input share equations is estimated with the Zellner's iterative seemingly unrelated regression. The unbalanced panel data used in the paper, a total of 154 observations. are collected from the annual records of the Korea National Railroad (KNR) for the yews $1977{\sim}2003$, Japan National Railways (JNR) for the years $1977{\sim}1984$. seven Japan Railways (JR's) for the years $1987{\sim}2003$. The findings show that the Korean and Japanese railways exhibit product-specific and overall economies of density but product-specific diseconomies of scale with respect to incumbent railway passenger-kilometers, Shinkansen-kilometers and ton-kilometers. However, the railways experience mild overall economies of scale which result from economies of scope associated with the joint production of incumbent railway/Shinkansen and feight, freight/incumbent railway and Shinkansen except Shinkansen/incumbent railway and freight. In addition, the economies of density and scale in the KNR, JR east, JR central, and JR west companies at the point of the years $1990{\sim}2003$ average is generally analogous to the above results at the point of sample average. There also appear to be economies of ssope associated with the joint Production of the incumbent railway and Shinkansen in JR central but diseconomies of scope in JR East and JR West. The findings also indicate that the productivity growth rate of the privately-owned JR's is larger than that of the government-owned KNR.

A Comparative Analysis of the Level of Occupational Health : Before and After the Subsidiary Program on Health Care Management of Small Scale Industries (영세사업장 보건관리 지원사업 실시 전후의 산업보건수준 비교 분석)

  • Jung, Hye Sun
    • Korean Journal of Occupational Health Nursing
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    • v.4
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    • pp.58-83
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    • 1995
  • The small scale industries which have less than 30 employees occupy 86.5% of total number of industries in Korea. And though they have higher accident rate and lower environmental condition than big industries, it has been not mandatory to appointing health care manager at factory. So, from 1993, government subsidizes to the health care management of small industries. The purpose of this study is to identify the real feature of health care status in small industries, and to evaluate the level of health care management, before and after the subsidiary program. 65 small plating industries which have been managed by the same health care management support institution in 1993 were selected for study. Of the 65 industries, 3 which have not taken both environmental evaluation and health screening in 1994, and 9 which have closed were excluded from study sample. And the remaining 53 were analyzed by using the results of environmental evaluation and health screening, reported to the Ministry of Labor, before and after the subsidiary program, the analysis was done by the comparison of the two year paired data of the same industry. Over-permissible-limit rate, health screening implementation rate, above grade C rate were calculated and compared. The status of health care management ; 1. Of the sample industries, 96.9% provide protective equipment and 80.0% set up ventilating system. Protective gloves (89.2%) and protective clothing (80.0%) are widely provided, but ear plugs (4.6%) are rarely provided. 21.5% of the protective equipment are well put on, and 40.4% of the ventilating systems function well. 2. In 1993, 35 industries, 53.8% of the sample, checked working environment twice. Over-permissible-limit rates of heavy metal (12.2%), suspended particle (11.1%), noise (5.5%) were high. To put on protective equipment and to set up local ventilating system were pointed out by the examiners. 3. General health screening was done at 63.1% of the sample industries and 35.3% of total workers were examined. Specific health screening was done at 93.8% of the sample industries and 75.4% of workers were examined. 15.5% of workers was provided to be above grade C and to have digestive system disease (43.3%), circulatory disease (18.9%), and hematopoietic disease (14.2%), etc. 4. In 1993, the subsidiary program of health care management was provided in forms of health education, health counseling, and rounding check of working field. And 61.5%, 83.0%, 55.4% of sample industries respectively received it. The average visit per industry was 1.8. Comparisons of the level of occupational health before and after the subsidiary program ; 1. Over-permissible-limit rates of hazardous factors of 1993 and that of 1994 were compared. The rates of suspended particle, noise, organic solvent of 1994 (37.5%, 13.4%, 24.2% respectively) were higher than that of 1993 (25.0%, 6.0%, 6.3% respectively). In the case of acid, there was no difference between the rate of 1993 and that of 1994. Only the rate of heavy metal decreased from 12.9% in 1993 to 3.0% in 1994. 2. General health screening was done at 38.7% of the sample industries in 1993 and at 44.6% in 1994. But the implementation rate of specific health screening decreased from 72.4% in 1993 to 64.6% in 1994. 3. The implementation rate of specific health screening was analyzed by some health factors. The rate of suspended particle increased from 61.8% in 1993 to 91.2% in 1994. But the rates of the others-noise, organic solvent, heavy metal, specific chemical substances-decreased. 4. Above grade C rate in health screening increased from 27.8% in 1993 to 35.5% in 1994. But that of endocrine disorders and pulmonary disease decreased.

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Survey on the High-Caffeine Energy Drink Consumption Status of University Students in Seoul (서울 지역 대학생의 고카페인 에너지음료 소비 실태 조사)

  • Yoo, Hyun Suk;Sim, Ki Hyeon
    • Journal of the East Asian Society of Dietary Life
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    • v.24 no.3
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    • pp.407-420
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    • 2014
  • A survey was carried out regarding university students' recognition of high-caffeine energy drinks in an effort to identify and improve problems as well as provide basic data. Most of the subjects had previous experience of energy drink consumption. Studies showed that most students consumed energy drinks when studying. Regarding frequency of energy drink consumption, most students' responded "1~6 times a year"; female students showed lower frequency of energy drink consumption than male students. Both male and female students used convenience stores to purchase energy drinks. In most cases, students became aware of energy drinks through advertisements on TV, radio, newspapers, and magazines. The most important factor affecting their energy drink purchase and consumption status was taste. The most frequent adverse effect they experienced after drinking an energy drink was unusual heart-pounding, whereas the biggest problem caused by energy drink consumption was addiction. This study indicates that students should have a better understanding of the problems associated with excessive and prolonged high-caffeine intake. In addition, instructions for proper purchasing and consumption of high-caffeine energy drinks should be provided as well as education and campaigns concerning symptoms caused by high-caffeine energy drink consumption so that students may refrain from excessive consumption. Further, civil organizations and the government need to devise effective measures for proper regulation of high-caffeine energy drink consumption.