• Title/Summary/Keyword: Independent property

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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

A study on the prediction of korean NPL market return (한국 NPL시장 수익률 예측에 관한 연구)

  • Lee, Hyeon Su;Jeong, Seung Hwan;Oh, Kyong Joo
    • Journal of Intelligence and Information Systems
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    • v.25 no.2
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    • pp.123-139
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    • 2019
  • The Korean NPL market was formed by the government and foreign capital shortly after the 1997 IMF crisis. However, this market is short-lived, as the bad debt has started to increase after the global financial crisis in 2009 due to the real economic recession. NPL has become a major investment in the market in recent years when the domestic capital market's investment capital began to enter the NPL market in earnest. Although the domestic NPL market has received considerable attention due to the overheating of the NPL market in recent years, research on the NPL market has been abrupt since the history of capital market investment in the domestic NPL market is short. In addition, decision-making through more scientific and systematic analysis is required due to the decline in profitability and the price fluctuation due to the fluctuation of the real estate business. In this study, we propose a prediction model that can determine the achievement of the benchmark yield by using the NPL market related data in accordance with the market demand. In order to build the model, we used Korean NPL data from December 2013 to December 2017 for about 4 years. The total number of things data was 2291. As independent variables, only the variables related to the dependent variable were selected for the 11 variables that indicate the characteristics of the real estate. In order to select the variables, one to one t-test and logistic regression stepwise and decision tree were performed. Seven independent variables (purchase year, SPC (Special Purpose Company), municipality, appraisal value, purchase cost, OPB (Outstanding Principle Balance), HP (Holding Period)). The dependent variable is a bivariate variable that indicates whether the benchmark rate is reached. This is because the accuracy of the model predicting the binomial variables is higher than the model predicting the continuous variables, and the accuracy of these models is directly related to the effectiveness of the model. In addition, in the case of a special purpose company, whether or not to purchase the property is the main concern. Therefore, whether or not to achieve a certain level of return is enough to make a decision. For the dependent variable, we constructed and compared the predictive model by calculating the dependent variable by adjusting the numerical value to ascertain whether 12%, which is the standard rate of return used in the industry, is a meaningful reference value. As a result, it was found that the hit ratio average of the predictive model constructed using the dependent variable calculated by the 12% standard rate of return was the best at 64.60%. In order to propose an optimal prediction model based on the determined dependent variables and 7 independent variables, we construct a prediction model by applying the five methodologies of discriminant analysis, logistic regression analysis, decision tree, artificial neural network, and genetic algorithm linear model we tried to compare them. To do this, 10 sets of training data and testing data were extracted using 10 fold validation method. After building the model using this data, the hit ratio of each set was averaged and the performance was compared. As a result, the hit ratio average of prediction models constructed by using discriminant analysis, logistic regression model, decision tree, artificial neural network, and genetic algorithm linear model were 64.40%, 65.12%, 63.54%, 67.40%, and 60.51%, respectively. It was confirmed that the model using the artificial neural network is the best. Through this study, it is proved that it is effective to utilize 7 independent variables and artificial neural network prediction model in the future NPL market. The proposed model predicts that the 12% return of new things will be achieved beforehand, which will help the special purpose companies make investment decisions. Furthermore, we anticipate that the NPL market will be liquidated as the transaction proceeds at an appropriate price.

Characteristics of Environmental Solar Ultraviolet Irradiance

  • Sasaki, Masako;Oyanagi, Takehiko;Takeshita, Shu
    • Journal of Photoscience
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    • v.9 no.2
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    • pp.154-157
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    • 2002
  • Direct, continuous, and accurate measurements of solar ultraviolet irradiance (290-400 nm: UVR) have been carried out since 1990, by using both band-spectral ultraviolet-B (290-320 nm: UV-B) and ultraviolet-A (320-400 nm: UV-A) radiometers at Tokai University in Hiratsuka, Japan (35$^{\circ}$N, 139$^{\circ}$E). From our observations, the following findings are provided: 1) an increasing trend in solar UV -B from Oct. 1990 to Sept. 2000; 2) a regional comparison of solar UVR in Japan; 3) the distinct characteristics of UV-B and UV-A irradiance, such as diffuse property, daily and seasonal variation; and 4) human body protection against solar UVR. An increasing 10-year trend in global solar UV - B in Hiratsuka corresponded to a decrease in the total ozone amount measured at Tsukuba (36$^{\circ}$N, 140$^{\circ}$E), giving supportive evidence for a direct link between these two parameters. Furthermore, a strong correlation was found between solar UV-B and total ozone amount from results of UVR measurements at four Tokai University monitoring stations dispersed throughout Japan. Additional results revealed different diffuse properties in global solar UV and in global solar total (300-3000 nm: Total) irradiances. For example, in the global UVR, the diffuse component was dominant: about 80 % independent of weather, with more than 60 % of global UV-B, and more than 50% of global UV-A with even a cloudless clear sky. On the other hand, the portion of the diffuse in the global total irradiance was very low, less than 10 % on a cloudless clear day. Daily and seasonal variations of UV -B and UV -A irradiances were found to be quite different, because of the marked dependence of UV -B irradiance on the atmospheric ozone amount. Moreover, UV -B irradiance showed large daily and seasonal variations: the ratio between maximum and minimum irradiances was more than 5. In contrast, the variation in UV-A was small: the ratio between maximum and minimum was less than 2. Three important facts are proposed concerning solar UVR protection of the human body: 1) the personal minimal erythema dose (MED); 2) gender based difference in MED values; and 3) proper colors for UVR protective clothing.

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Rheological Properties of Antiphlamine-S® Lotion (안티푸라민-에스® 로션의 레올로지 특성 연구)

  • Kuk, Hoa-Youn;Song, Ki-Won
    • Journal of Pharmaceutical Investigation
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    • v.39 no.3
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    • pp.185-199
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    • 2009
  • Using a strain-controlled rheometer [Advanced Rheometric Expansion System (ARES)], the steady shear flow properties and the dynamic viscoelastic properties of $Antiphlamine-S^{(R)}$ lotion have been measured at $20^{\circ}C$ (storage temperature) and $37^{\circ}C$ (body temperature). In this article, the temperature dependence of the linear viscoelastic behavior was firstly reported from the experimental data obtained from a temperature-sweep test. The steady shear flow behavior was secondly reported and then the effect of shear rate on this behavior was discussed in detail. In addition, several inelastic-viscoplastic flow models including a yield stress parameter were employed to make a quantitative evaluation of the steady shear flow behavior, and then the applicability of these models was examined by calculating the various material parameters. The angular frequency dependence of the linear viscoelastic behavior was nextly explained and quantitatively predicted using a fractional derivative model. Finally, the strain amplitude dependence of the dynamic viscoelastic behavior was discussed in full to elucidate a nonlinear rheological behavior in large amplitude oscillatory shear flow fields. Main findings obtained from this study can be summarized as follows : (1) The linear viscoelastic behavior is almostly independent of temperature over a temperature range of $15{\sim}40^{circ}C$. (2) The steady shear viscosity is sharply decreased as an increase in shear rate, demonstrating a pronounced Non-Newtonian shear-thinning flow behavior. (3) The shear stress tends to approach a limiting constant value as a decrease in shear rate, exhibiting an existence of a yield stress. (4) The Herschel-Bulkley, Mizrahi-Berk and Heinz-Casson models are all applicable and have an equivalent validity to quantitatively describe the steady shear flow behavior of $Antiphlamine-S^{(R)}$ lotion whereas both the Bingham and Casson models do not give a good applicability. (5) In small amplitude oscillatory shear flow fields, the storage modulus is always greater than the loss modulus over an entire range of angular frequencies tested and both moduli show a slight dependence on angular frequency. This means that the linear viscoelastic behavior of $Antiphlamine-S^{(R)}$ lotion is dominated by an elastic nature rather than a viscous feature and that a gel-like structure is present in this system. (6) In large amplitude oscillatory shear flow fields, the storage modulus shows a nonlinear strain-thinning behavior at strain amplitude range larger than 10 % while the loss modulus exhibits a weak strain-overshoot behavior up to a strain amplitude of 50 % beyond which followed by a decrease in loss modulus with an increase in strain amplitude. (7) At sufficiently large strain amplitude range (${\gamma}_0$>100 %), the loss modulus is found to be greater than the storage modulus, indicating that a viscous property becomes superior to an elastic character in large shear deformations.

A Study on the Development of Evaluation Indicators for the Korea Government-Sponsored Program Fostering Aviation Personnel (우리나라 항공인력양성 사업의 평가지표 개발에 관한 연구)

  • Choi, Mi-Seon;Kim, Hyung-Seong
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.167-192
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    • 2012
  • Aviation industry is known as the knowledge-based one and as an advanced nations' exclusive property having a large capacity for creating job and added value. Considering the current status of the aviation industry as aforesaid, it is natural for all countries to turn their attention to such promising aviation industry. At the time of rapid growth in aviation market, the importance of securing managerial experts and technicians is being under the spotlight as the aviation profession is increasingly in demand. To meet such dire needs that have already become an ever-greater part of the industry, collaboration among governmental, educational and industrial parties has formed in preparation for putting us into so-called an era of globalization. Having recognized the significance of the program, carried forward by The Ministry of Land, Transport and Maritime Affairs, fostering human resources in civil aviation, the objective of this study lies on deloping indicators for the programofficially designed to produce men of expertise in international air transport, the market of which forms nowadays a large part of national economy, and the technology of which develops so quickly. In this paper, an effort is made to develop the appraisal indicators and to set up standards thereof in order for the program to be systematically and expertly assessed on the basis of Quinn and Rohrbaugh's the competing values model. Firstly, this paper designs appraisal indicators, taking into account the peculiarity and environment of air transport industry, for developing human resources in civil aviation by utilizing advanced research on educational assessment in general due to the absence of applicable preceding studies regarding the development of human resources in civil aviation. Secondly, investigations into the necessity and validity of the appraisal are committed by analyzing answers from 100 respondents to questionaires and oral surveys in order to verify appraisal indicators designed in accordance with the competing values model. Lastly, the paper analyzes in a demographical way discrepancy in the recognitions among institutions for which the respondents work, on the basis of the outcome of the survey. As a result, the discrepancy is found not significant, which indicate that the aviation experts favour the indicators as appraisal standards. Prospective studies on the same issue may need an in-depth analysis, empowered by sufficient sampling in balance, of correlation between independent variables, then hopefully serve as a momentum for advancement of study in civil aviation.

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Soil Chemical Properties of Reclaimed Tide Lands Under Government Management in Korea: Results of 4-years monitoring (한국의 국가관리 간척지 토양의 화학성 변동: 4년 모니터링 결과)

  • Ryu, Jin-Hee;Lee, Su-Hwan;Oh, Yang-Yeol;Lee, Jeong-Tae
    • Korean Journal of Environmental Agriculture
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    • v.38 no.4
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    • pp.273-280
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    • 2019
  • BACKGROUND: The reclaimed lands for agricultural use managed by the Korean government is consisted of 17,145 hectares of lands under construction and 13,384 hectares of completed lands. In order to utilize these reclaimed lands as competitive agricultural complexes, the government is preparing to develop comprehensive development plans for multiple purposes. For rational land-use planning and soil management, information of the soil chemical properties is necessary. METHODS AND RESULTS: From 2013 to 2016, soil samples were collected from 85 representative sampling sites of the reclaimed lands and analyzed for soil chemical properties including electric conductivity (EC), pH, soil organic matter (SOM), and nutrients. The annual mean soil EC ranged from 5.1 to 8.3 dS m-1 and have continued to decrease over the years (estimation equation with EC as dependent and year as independent variable was y =0.0736x2 - 1.4985x + 9.8305, R2 = 0.9753). The pH ranged from 7.3 to 7.6, which was higher than the optimum range (5.5~7.0) for agricultural soils. Soil organic matter (8 to 11 g kg-1) was lower level than the optimum range (20~30 kg-1). Available silicate (Av.SiO2) ranged from 169 to 229 mg kg-1, which was close to the minimum content (≥157 mg kg-1) for rice paddy field. Available phosphate (Av.P2O5) content (24~39 mg kg-1) was lower than the optimum range (80~120 mg kg-1) for rice paddy field. CONCLUSION: For efficient agricultural use of reclaimed lands under government management, our results suggest that the application of organic matter and supplying deficient nutrients as well as desalinization is required.

Chronological Trends of Fashion and Make-up in 1990s for the Next Millennium (밀레니엄을 맞이하는 1990년대 패션과 메이크업의 경향)

  • 김수진;한명숙
    • The Research Journal of the Costume Culture
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    • v.7 no.6
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    • pp.129-139
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    • 1999
  • This paper analyzes the trend of fashion and make-up in 1990s and their relevancy to each other. Based on the chronological analysis, we propose a new category for the fashion and make-up trend in 1990s, which is 1) traditional ecology period(1990∼1994), 2) versatile trial or decadent period(1995∼1997), and 3) soft landing period based on the minimal neo-ecology and romanticism(1998∼2000). Between 1990 and 1994, there was no differentiation in seasons. It appeared that spring/summer and fall/winter trend have had no big differences. At the beginning in 1990s, it was basically based on ecology concept that emphasizes the natural image. However after 1995, seasonal differences in trend are appeared and there were various make-up designs. The trends of spring/summer in 1996 could be named as color revolution period that emphasized the unique and individual expression of each person. In 1997, black, pastel, and brown colors were the result of reinterpreting the classic and sexy images of 1960s to natural and modernistic image of 1997. Purple color started to be introduced to us. In 1998, pastel tone, pink, and purple color expresses the glamorous look based on the romantic feminism. S/S of 1999 is mainly represented by minimalism and avant garde. For fall/winter trends, brown color lines make-up comes to mix with romantic image and developed into wine, orange, neon colors in 1995 and 1996. These colors were the symbol of property and sentiment. Gold make-up emphasizing the eye area was the tendency of that period. In 1997, the fear of coming end of century was expressed as decadent image. At that time, ethnic and romantic image appeared with vivid color lines, gold, red and violet. In 1998, romanticism was popular again with modernism and ethnic mood. It expressed the romantic elegant image. The trend has returned to the ecology mood again in 1999. This ecology is somewhat different from the previous ecology. It adds a sofistaiced feeling and sportic fashion. To express natural and sportic image, they choose pink blush. In coming 2000 as a new millennium, the yellow color will be main the stream to express vision, dream, and happiness in both fashion and make-up as an accent color. The minimal design and minimal tools will be used for the design and make-up, respectively. In addition, the fusion concept will dominate the fashion and make-up industry in the globalized and boundariless age. Through this paper, we hope that make-up can be accepted as a part of total fashion in its relationship with other elements such as shoes, clothes and accessory and that it can be considered as a independent art that has direct influence on people and industry.

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Estimates of Regional Flood Frequency in Korea (우리나라의 빈도홍수량의 추정)

  • Kim, Nam-Won;Won, Yoo-Seung
    • Journal of Korea Water Resources Association
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    • v.37 no.12
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    • pp.1019-1032
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    • 2004
  • Flood frequency estimate is an essential index for determining the scale of small and middle hydraulic structure. However, this flood quantity could not be estimated directly for practical design purpose due to the lack of available flood data, and indirect method like design rainfall-runoff method have been used for the estimation of design flood. To give the good explain for design flood estimates, regional flood frequency analysis was performed by flood index method in this study. First, annual maximum series were constructed by using the collected data which covers from Japanese imperialism period to 1999. Wakeby distribution recommended by WMO(1989) was used for regional flood frequency analysis and L-moment method by Hosking (1990) was used for parameter estimation. For the homogeneity of region, the discordance and heterogeneity test by Hosking and Wallis(1993) was carried for 4 major watersheds in Korea. Physical independent variable correlated with index flood was watershed area. The relationship between specific discharge and watershed area showed a type of power function, i.e. the specific discharge decreases as watershed area increases. So flood quantity according to watershed area and return period was presented for each watershed(Han rivet, Nakdong river, Geum river and Youngsan/Seomjin river) by using this relation type. This result was also compared with the result of point frequency analysis and its regionalization. It was shown that the dam construction couldn't largely affect the variation of peak flood. The property of this study was also examined by comparison with previous studies.

Relationship between DNA ploidy and Survival Time in Small Cell Lung Cancer (소세포 폐암에서 DNA 배수성과 생존 기간과의 관계)

  • Song, Joong-Ho;Yang, Se-Hoon;Jung, Byung-Hak;Jeong, Eun-Taik
    • Tuberculosis and Respiratory Diseases
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    • v.42 no.3
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    • pp.314-321
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    • 1995
  • Background: Flow cytometric study has been used to measure the DNA content of solid tumors for the last decade. DNA ploidy is an important property commonly measured by flow cytometry. The possibility to study archival paraffin-embedded tumors has hastened an appreciation of prognostic utility of this method. The aim of this study is to look for biologic prognostic indicator for survival time of patients with small cell carcinoma of lung in addition to the well known clinical prognostic factors. Method: DNA ploidy was measured by flow cytometric method using tumor cells isolated from paraffin embedded tissue. To evaluate the prognostic significance, DNA ploidy of small cell lung cancer was analysed in 42 patients who died after receiving anticancer chemotherapy. Results: 1) Mean survival time of all patients was 190(${\pm}156$) days. Survival time was shortened, when TNM stage and PS scale were advanced. 2) 62% of all patients was DNA aneuploidy. DNA ploidy had nothing to do with advance of TNM stage and PS scale. 3) Mean survival time of aneuploid tumor was significantly shorter($138{\pm}90$ days) than that of diploid tumors($272{\pm}197$ days).(p<0.001) 4) To exclude the influence of clinical prognostic factors such as TNM stage and PS scale, the analysis was restricted to subgroups of identical stage. We were able to find the same tendency. Conclusion: DNA ploidy is an independent prognostic factor in small cell lung cancer.

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