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Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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Protective Effects of Chaenomeles sinensis Koehne Extract on Ethanol-induced Liver Damage in Rat (에탄올에 의해 유발된 간독성에 대한 모과 추출물의 보호효과)

  • Lee, Yu-Mi;Lee, Jae-Joon;Shin, Hyoung-Duck;Lee, Myung-Yul
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.35 no.10
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    • pp.1336-1342
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    • 2006
  • This study was performed to investigate the effect of ethanol extract of Chaenomeles sinensis Koehne (CS) on alcohol-induced liver damage in rats. Male Sprague-Dawley rats weighing $135{\pm}10g$ were divided into 6 groups for 4 weeks; normal group (ND), alcohol (35%, 10 mL/kg/day) treated group (ET), CS ethanol extract 200 mg/kg/day treated group (ND-CSL), CS ethanol extract 400 mg/kg/day treated group (ND-CSH), CS ethanol extract 200 mg/kg/day and alcohol treated group (ET-CSL), and CS ethanol extract 400 mg/kg/day and alcohol treated group (ET-CSH). The body weight gain and food efficiency ratio were no differences between ND and ET. There were increases in the activities of serum alanine aminotransferase (ALT), asparate aminotransferase (AST), and alkaline phosphatase (ALP) in ET. On the other hand, the administration of CS decreased ALT, AST and ALP activities in serum. It was also observed that the hepatic activities of superoxide dismutase (SOD), catalase, glutathione peroxidase (GSH-Px) and xanthine oxidase (XO) increased by alcohol treatment were also markedly decreased in the CS administered groups as compared with ET. The activities of hepatic SOD, catalase, GSH-Px and XO were riot significantly different among the normal diet groups. Contents of thiobarbituric acid reactive substances (TBARS) were increased by the administration of alcohol, on the other hand, the administration of CS reduced TBARS value in the liver. In addition, the content of glutathione (GSH) in the liver was decreased by alcohol administration, however, GSH increased after administering CS. In conclusion, the administration of alcohol develops the hyperoxidation of liver lipids through tile increase in enzymes activity related to the lipid peroxiation, however, it was decreased after administring CS. Thus, CS may have a possible protective effect on ethanol-induced hepatotoxicity in rat liver.

Community Structures of Evergreen Broad-leaved Forest of Mt. Yeogwi in Jin-do Island (진도 여귀산 상록활엽수림의 군집구조)

  • Jang, Jeong Jae;Kim, Joon Sun
    • Journal of Korean Society of Forest Science
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    • v.94 no.6
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    • pp.410-419
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    • 2005
  • Community structure of evergreen broad-leaved forest of Mt. Yeogwi in Jin-do was investigated to secure sustainable conservation of evergreen broad-leaved forest. Twenty survey plots of $20m{\times}20m$ were established along the elevation from 200 m to 390 m above the sea level in the northwestern slope. The woody species were tallied at each plots. DBH distribution of the major evergreen broad-leaved trees was investigated to find out the spatial distribution. Cluster analysis was applied to a set of vegetation data, that is, importance value to classify the forest community. Species diversity, evenness and species correlation were analysed. Canonical correspondence analysis was also applied to vegetation data and soil environmental data. Cluster analysis showed that the forests of Mt. Yeogwi were classified into 2 community groups, such as Camellia japonica community group and Quercus acuta community group. C japonica community group was subdivided into C japonica- evergreen broad-leaved trees community, C. japonica-Neolitsea sericea community, and C. japonica-deciduous broad-leaved trees community. Q. acuta community group was subdivided into Q. acuta-C. japonica community, and Q. acuta community. C. japonica, Q. acuta, N. sericea, Machilus thunbergii and Illicium religiosum were dominant evergreen broad-leaved tree species, while Styrax japonica, Lindera erythrocarpa, Cornus kousa, Prunus sargentii, Albizzia julibrisin and Quercus acutissima were major deciduous tree species. Species diversity was greater in Q. acuta community group (0.8231 for Q. acuta-C. japonica community, and 0.8135 for Q. acuta community) than in C. japonica community group (0.7674 for C. japonica-evergreen broad-leaved trees community, 0.6164 for C. japonica-N. sericea community, and 0.7931 for C. japonica-deciduous broad-leaved trees community). DBH 2 cm~10 cm of major evergreen broad-leaved trees occupied 80% of all. C. japonica of less than DBH 5 cm tended to aggregate but distribute randomly or regularly with increasing DBH. Q. acuta distributed more aggregately than C. japonica and Machilus thunbergii for more than 15 cm of DBH. C. japonica correlated negatively with Q. acuta, I. religiosum and C. kousa, but positively with N. sericea. with significance at 1% level. Q. acuta correlated negatively with C. japonica, N. sericea and M. thunbergii but positively with l. religiosum. There were also negative correlation between N. sericea and C. kousa. CCA showed that forest communities were correlated with soil variables such as CEC, soil organic matter and soil pH. With increased soil organic matter and CEC, and decreased soil pH, C. japonica was dominant and forest community and Q. acuta and N. sericea tended to develop in the evergreen broad-leaved forest.

Effects of Combination of Air Temperature and Soil Moisture Contents on Growth, Clove Initiation, Physiological Disorders, and Yield of Garlic (기온과 토양수분 함량에 따른 난지형 마늘의 생장, 인편분화, 생리장해 및 수량에 미치는 영향)

  • Lee, Hee Ju;Lee, Sang Gyu;Kim, Sung Kyeom;Mun, Boheum;Lee, Jin Hyoung;Lee, Hee Su;Kwon, Young Seok;Han, Ji Won;Kim, Cheol Woo
    • Journal of Bio-Environment Control
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    • v.27 no.3
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    • pp.191-198
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    • 2018
  • The objective of this study was to determine the effects of combination of air temperature and soil water contents on growth, physiological disorder rate, and yield of garlic. This experiments has been carried out in the typical plastic house (one side open and other side installed ventilation fans) which was maintained gradient air temperature (maximum different value of air temperature : $6^{\circ}C$). The excessive irrigation (EI) set at $0.34m^3/m^3$ soil moisture contents. The significant differences found in the growth parameters of garlics as affected by air temperature and soil moisture conditions. The plant height of garlic with combination of ambient $(A)+6^{\circ}C$ and optimal irrigation (OI; set at $0.22m^3/m^3$ soil moisture contents) treatments represented 47.4 cm/plant, which was the highest among all the tested treatments. The leaf length and width showed the greatest, which were 16.1 and 2.4 cm/plant, respectively, in $A+6^{\circ}C-OI$. The physiological disorder ratio was higher as 12.9% at $A+6^{\circ}C-OI$ and was not occurred at ambient temperature with EI compared with OI treatment. The bulb and clove weight were dramatically decreased at $A+6^{\circ}C$ temperature treatment. The yields were decreased by 51% in OI at $A+6^{\circ}C$ and $A+3^{\circ}C$ temperature treatment. Those results indicated that yields were decreased and ratio of physiological disorders was increased by high temperature treatments.

Effects of Low Storing Temperature on Respiration Rate and Internal Quality of Fresh Ginseng(Panax ginseng C. A. Meyer) (저온저장 온도가 수삼(Panax ginseng C. A. Meyer)의 호흡률 및 내적 품질에 미치는 영향)

  • Kim, Hee-Su;Hong, Seok-In;Jeong, Moon-Cheol;Kim, Gun-Hee;Kim, Dong-Man
    • Food Science and Preservation
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    • v.18 no.4
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    • pp.467-474
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    • 2011
  • As a serial study to investigate optimum storing temperature of fresh ginseng (Panax ginseng C. A. Meyer), the respiration rate and internal quality of the ginseng was compared during storage for 16 weeks at $-3^{\circ}C$, $-1.5^{\circ}C$ and $0^{\circ}C$. At initial storage period, respiration rate of fresh ginseng was lower at lower temperature, but thereafter it was negligible. Changes in the firmness of fresh ginseng were not significantly different by the storage temperature. The soluble solids content in fresh ginseng was rapidly increased in the early part of storage, and fresh ginseng stored at a lower temperature had a lower content of soluble solids. The iodine-stained color for starch of the main root was rapidly changed for 4 weeks, and L value of the color was the highest in the center, followed by the cambium and the cortex. pH were a little change depending upon the storage temperature, and as a whole, pH was the lowest at $-3^{\circ}C$, followed by $-1.5^{\circ}C$ and $0^{\circ}C$. Although the content of crude saponin tended to somewhat increased as the storage period passed, the effect of storage temperature on changes in the content was not clear. In the sensory evaluation of 'unique flavor' of fresh ginseng using 5 point scale, higher than 3 point was marked for 8 weeks at $-3^{\circ}C$, 14 weeks at $-1.5^{\circ}C$ and 16 weeks at $-0^{\circ}C$ during storage (p < 0.05).

Comparison of physicochemical and microorganism characteristics between the air-dried and sun-dried red pepper in south Korea (열풍 건조와 태양 건조한 국내산 고추의 물리화학적 및 미생물학적 품질 특성 비교)

  • Ku, Kyung Hyung;Lee, Kyung-A;Koo, Minseon
    • Food Science and Preservation
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    • v.21 no.4
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    • pp.451-459
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    • 2014
  • The aim of this study was to provide useful information for making guide of quality index of Korean red pepper. The results of physicochemical characteristics analysis showed the moisture content of air-dried and sun-dried red pepper were 10.38~15.60% and 9.46~17.22%, which show that 50% of the 40 samples exceeded the 13% KS moisture standards of red pepper powder. The capsaicinoids content of the air-dried and sun-dried samples were 10.85~126.39 mg% (1,627~18,958 Scoville heat unit) and 0.43~164.09 mg% (64.5~24,613.5 Scoville heat unit). A wide distribution of ASTA values was observed: 49.12~154.69 and 70.08~182.13 for air-dried and sun-dried red pepper, respectively, with 9.29~23.10% free sugar, and 0~1,050 mg% of ascorbic acid. The total viable cells of the air-dried red peppers were 2.01~6.67 log CFU/g and of sun-dried red peppers, 1.74~5.77 log CFU/g. The contamination level of yeast in the samples were 1.03~4.12 log CFU/g of the air-dried samples and 1.05~6.10 log CFU/g of the sun-dried samples. Among the foodborne pathogens, Clostridium perfringens and Bacillus cereus were detected in many red pepper samples regardless drying method. In the principal component analysis, the first (PC1) and second principal components (PC2) accounted for 56.78 % of the total variances (38.47% and 18.31%, respectively). Ascorbic acid, ASTA, color value (L, a, b) were strongly correlated with the PC1, and quality characteristics such as moisture, microorganism, sample (drying method) showed a negative correlation with the PC1.

Comparison of quality characteristics between seasonal cultivar of salted-Kimchi cabbage (Brassica rapa L. ssp. Pekinesis) (계절별 절임배추의 품질 특성 비교)

  • Ku, Kyung Hyung;Choi, Eun Jeong;Jeong, Moon Cheol
    • Food Science and Preservation
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    • v.21 no.4
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    • pp.512-519
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    • 2014
  • This study was carried to investigate the physicochemical and microbiological characteristics of seasonal salted-Kimchi cabbage order to provide basic data for optimal salting and storage condition of seasonal Kimchi cabbage. Generally, fall season samples had slightly higher pH and acidity value than the other seasonal salted Kimchi cabbage. The soluble solids content of spring, summer, fall and winter samples were 5.95%, 6.18%, 6.29% and 7.76%, respectively. The salt content of all the seasonal salted Kimchi cabbage samples were insignificant. The number of microbial bacteria in the summer samples were generally much more significant than spring and winter samples. There was no significant difference in the color of seasonal salted Kimchi cabbage. As for the texture properties, the firmest samples in the surface rupture test were the spring samples (force: 4.92 kg), and the hardest samples in the puncture test were the summer samples (force: 11.71 kg). In the correlation analysis of the quality characteristics of seasonal samples, the soluble solids content and hardness of the seasonal salted Kimchi cabbage was significantly correlated at 1% significance level. Also, in the principal component analysis, F1 and F2 were shown to explain 27.28% and 35.59% of the total variance (62.87%), respectively. The hierarchical cluster analysis of the quality characteristics of seasonal samples, the samples were divided into three groups: spring cabbage group, summer cabbage group and fall and winter cabbage group.

Physicochemical and Microbiological Properties of Pork by Various Thawing Methods (해동 방법에 따른 돼지고기의 이화학적.미생물학적 특성)

  • Park, Mi-Hye;Kwon, Ji-Eun;Kim, Se-Ryoung;Won, Ji-Hye;Ji, Jung-Youn;Hwang, In-Kyeong;Kim, Mee-Ra
    • Journal of the East Asian Society of Dietary Life
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    • v.22 no.2
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    • pp.298-304
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    • 2012
  • This study was carried out to investigate the effects of various thawing methods on the physical and microbiological properties of frozen pork. The frozen pork was thawed using four methods: refrigerator, cold water, room temperature, and microwave oven. Changes in physicochemical properties of thawed pork were analyzed by measuring color, pH, thawing loss and thiobarbituric acid reactive substances (TBARS) values. Changes in the microbiological properties of thawed pork were analyzed by counting total aerobic bacteria and coliform group. L values of thawed pork were significantly increased by all thawing methods for normal thawing time except the uncooked portion of thawed pork via a microwave. However, the a value decreased in pork thawed by all thawing methods. pH values significantly increased in the pork thawed by microwave and by applying two times the normal thawing time. After thawing, thawing loss was highest in the pork thawed at room temperature for two times the normal thawing time. In addition, TBARS values also increased in the pork thawed in a refrigerator and at room temperature for two times the normal thawing time. The total aerobic bacteria count significantly increased in the case of microwave thawing for normal thawing time and it also increased in the pork thawed in a refrigerator and at room temperature for two times the normal thawing time. These results demonstrate that refrigeration and cold water thawing are the most suitable for frozen pork, and that excess thawing should be avoided.

Management Plan for Humanistic and Ecological Characteristics of Suweol Village Forest in Tongyoung (통영 수월숲의 인문학적 특성 및 생태적 특성을 고려한 관리방안)

  • Lim, Eui-Jea;Lee, Soo-Dong;Kim, Mi-Jeong
    • Korean Journal of Environment and Ecology
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    • v.27 no.1
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    • pp.85-98
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    • 2013
  • In order to propose effective conservation management plan, this study verified ecological characteristics, humanities and Social characteristics. The research site is private property which is owned belonging to the Kim's of Gimhae that have long history. The study site is more than a thousand years old and was created for protecting from typhoon. There held the religious ritual what is called Dongsinje until 1960s. There have been protected and managed by the villagers. As the results of analysis, the area of windbreak are $12,392.69m^2$. The windbreak is dominated old years deciduous broad-leaved tree such as Zelkova serrata, Celtis sinensis, Aphananthe aspera. Around there were farmlands(52.1%), urbanized area(26.3%), forest area(16.6%). The vegetation communities of windbreak were classified by considering the dominant species and current status of forest. The forest types are following as; A. aspera community(I) which is using less pressure, Platycarya strobilacea-Carpinus coreana-Z. serrata community(II). Z. serrata community(III) which is using high pressure, Z. serrata-A. aspera community(IV), Z. serrata community(V) which is damaged under canopy trees. The windbreak was in good condition whereas, there were concerns the some wrong status was being undermined such as the wrong forest restoration projects in the past, the trails that is penetrating inside the forest, building up education facilities. Therefore, in order to restore the value of windbreak what is so called Suwol forest, we should improve the problems of forest ecosystem such as wrong management, forest fragmentation by facilities and decline in forest by lack of growing the next generation trees. In addition, we should remove excessive resting facilities and lead to passive use of forest. to improve the way of wrong management, moreover, we should close off he trails that is penetrating inside the forest for improving fragmentation. We should restore vegetation restoration and fostering the next generation trees for forest ecosystem. In order to restore unique of histo-cultural and ecological forest landscape, the next generation trees should be grown up that is the dominant species in Suwol forest. Moreover, as a results of comparing the between good vegetation communities and damaged vegetation communities, it is necessary to complementary planting for demeged vegetation communities, therefore there needs to 10.8 under canopy trees, 79.7 shrubs.

Optimization of Processing Conditions for the Production of Puffed Rice (팽화미 제조 공정조건의 최적화)

  • Cheon, Hee Soon;Cho, Won Il;Jhin, Changho;Back, Kyeong Hwan;Ryu, Kyung Heon;Lim, Su Youn;Chung, Myong Soo;Choi, Jun Bong;Lim, Taehwan;Hwang, Keum Taek
    • Culinary science and hospitality research
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    • v.21 no.1
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    • pp.77-89
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    • 2015
  • The objective of this study was to optimize processing conditions for the production of an instant puffed rice product using response surface methodology (RSM) and contour analysis. Sensory and texture qualities, and physical properties of the puffed rice were analyzed with various processing conditions related to drying and puffing temperature, and moisture content. Preference, color intensity, cohesiveness, rehydration ratio, density and lightness of the puffed rice product significantly varied depending on the processing conditions. The responses showed high $R^2$ values (0.623, 0.852, 0.735, 0.688, and 0.790) and lack-of-fit. Rehydration ratio was found to have a negative correlation with density in the condition of drying and puffing temperature. Lightness and preference scores of the puffed rice increased as the moisture content increased. According to RSM, the preference scores were very highly related to the moisture content, and the optimum processing conditions of the puffed rice product were at $40^{\circ}C$ of drying temperature, with 11.0% of moisture content, and at $232.7^{\circ}C$ of puffing temperature.