• The Korean Society of Law and Medicine
• /
• v.15 no.2
• /
• pp.367-397
• /
• 2014

Dans le contentieux m$\acute{e}$dical, il est difficile de prouver l'existence d'un lien de causalit$\acute{e}$ entre la faute m$\acute{e}$dicale et les pr$\acute{e}$judices subis par la victime. R$\acute{e}$partir bien de façon raisonnable la charge de la preuve du lien causal est alors une des questions pr$\acute{e}$occup$\acute{e}$es par la doctrine cor$\acute{e}$enne. La Cour supr$\hat{e}$me cor$\acute{e}$enne semble toutefois facilliter l'indemnisation des victimes dans les cas o$\grave{u}$ la responsabilit$\acute{e}$ du m$\acute{e}$decin a ${\acute{e}}t{\acute{e}}$ mise en cause, et cela en admettant des fois une solution op$\acute{e}$rant un renversement de la charge de la preuve du lien causal. Une telle attitude a ${\acute{e}}t{\acute{e}}$ m$\hat{e}$me affirm$\acute{e}$e dans un arr$\hat{e}$t rendu r$\acute{e}$cemment en cas de dommage caus$\acute{e}$ par le fait du produit de sant$\acute{e}$, notamment pour le cas de contamination virale par voie de transfusion. La Cour a $\acute{e}$galement reconnu que l'action se pr$\acute{e}$scrit $\grave{a}$ partir du moment de la consolidation du pr$\acute{e}$judice. Aux termes de cette $\acute{e}$tude, on pourra constater que le juge français reconna$\hat{i}$t aussi l'assouplissement de la charge de la preuve du lien de causalit$\acute{e}$ en mati$\acute{e}$re d'action m$\acute{e}$dicale. Il faudra toutefois souligner que le ph$\acute{e}$nom$\acute{e}$ne ne soit pas g$\acute{e}$n$\acute{e}$ralis$\acute{e}$ en droit français, d'autant plus que la pr$\acute{e}$somption de l'existence de la causalit$\acute{e}$ en la mati$\grave{e}$re a $\acute{e}$t$\acute{e}$ admise de mani$\grave{e}$re restrictive par la l$\acute{e}$gislation sp$\acute{e}$cifique. Tel $\acute{e}$tait notamment le cas pour les accidents de la contamination par le virus du sida ou de l'h$\acute{e}$patite C survenus apr$\grave{e}$s la transfusion. En d$\acute{e}$finitive, on peut dire qu'en droit français, le principe est maintenu en cas de manquement $\grave{a}$ une obligation de r$\acute{e}$sultat n$\acute{e}$e du contrat m$\acute{e}$dical, tandis que la Cour de cassation admet parfois en mati$\grave{e}$re de droit commun de la responsabilit$\acute{e}$ contractuelle la pr$\acute{e}$somption de causalit$\acute{e}$ en cas d'inex$\acute{e}$cution des obligations de r$\acute{e}$sultat. En fait, la pr$\acute{e}$somption de causalit$\acute{e}$ dans le contentieux m$\acute{e}$dical pourra mener les m$\acute{e}$decins $\grave{a}$ se diriger vers les traitements d$\acute{e}$fensifs. Cette situation peut m$\hat{e}$me conduire $\grave{a}$ emp$\hat{e}$cher le d$\acute{e}$veloppement de la science m$\acute{e}$dicale, enfin $\grave{a}$ une situation d$\acute{e}$savantageuse aux patients. Il y a alors lieu de se m$\acute{e}$fier des int$\acute{e}$r$\hat{e}$ts d$\acute{e}$s$\acute{e}$quilibr$\acute{e}$s entre le m$\acute{e}$decin et le patient. De ce point de vue, on peut estimer que le droit français donne des suggestions aux juristes cor$\acute{e}$ens dans la recherche des solutions plus ad$\acute{e}$quates en ce qui concerne la charge de la preuve du lien causal en mati$\acute{e}$re de responsabilit$\acute{e}$ m$\acute{e}$dicale.

• Korean Journal of Weed Science
• /
• v.15 no.1
• /
• pp.30-38
• /
• 1995

Soil-applied pre-emergence herbicide, pyrazolate(4-(2, 4-dichlorobenzoyl)-1, 3-dimethyl pyrazol-5-yl-p-toluene sulphonate) induced, twist effect of shoots of barnyardgrass under dry conditions, and etiolated leaf and stem of that under water condition. Plant height and root length of rice broadcast on soil surface were similar to the untreated control, but plant height of rice drilled in soil was more inhibited than root length as compared with the untreated control, while development of barnyardgrass seedling was severely inhibited at 20 days after application. The inhibition rate was much higher under water condition than under dry condition, but difference in rice and barnyardgrass did not abserve. However, growth of transplanted rice shown to increase to the untreated control. Shoot and root fresh weight of rice broadcast on soil surface was increase as compared with the untreated control, and that of rice drilled in soil was not affected whereas that of barnyardgrass was severely inhibited by 42% and 41%, respectively. Under dry condition at 20 days after pyrazolate application while root growth of rice broadcast on soil surface under water condition was deadly inhibited and development of barnyardgrass was almost completely inhibited. On the other hand, microscopic studies showed that constriction of mesophyll cell by destruction of chloroplast of barnyardgrass were occurred only under dry condition, whereas damage of rice and barnyardgrass under water and transplanting condition were not observed. Anatomical change in the meristernatic region of rice and barnyardgrass was not occurred, and similar to intact plant regardless of cropping patterns.

• Journal of Chest Surgery
• /
• v.39 no.11 s.268
• /
• pp.828-837
• /
• 2006

Background: Tissue hypoxia is characteristic of many human malignant neoplasm, and hypoxia inducible factor-1(HIF-1) plays a pivotal role in essential adaptive response to hypoxia, and activates a signal pathway for the expression of the hypoxia-regulated genes, resulting in increasing $O_2$ delivery or facilitating metabolic adaptation to hypoxia. Increased level of HIF-$1{\alpha}$ has been reported in many human malignancies, but in non-small cell lung carcinoma the influence of HIF-$1{\alpha}$ on tumor biology, including neovascularization, is not still defined. In present study the relationship of HIF-$1{\alpha}$ expression on angiogenetic factors, relationship between the tumor proliferation and HIF-$1{\alpha}$ expression, interaction of HIF-$1{\alpha}$ expression and p53, and relationship between HIF-$1{\alpha}$ expression and clinico-pathological prognostic parameters were investigated. Material and Method: Archival tissue blocks recruited in this study were retrieved from fifty-nine patients with primary non-small cell lung carcinoma, who underwent pneumonectomy or lobectomy from 1997 to 1999. HIF-$1{\alpha}$, VEGF(vascular endothelial growth factor), and p53 protein expression and Ki-67 labeling index in tumor tissues were evaluated, using a standard avidin-biotin-peroxidase complex(ABC) immunohistochemistry. Relationship between the HIF-$1{\alpha}$ expression and VEGF, p53 overexpression and correlation between the HIF-$1{\alpha}$ expresseion and Ki-67 index were analyzed. Clinico-pathologic prognostic parameters were also analyzed. Result: HIF-$1{\alpha}$ expression in cancer cells was found in 24 of 59 cases of non-small cell lung carcinoma(40.7%). High HIF-$1{\alpha}$ expression was significantly associated with several pathological parameters, such as pathological TMN stage(p=0.004), pT stage(p=0.020), pN stage (p=0.029), and lymphovascular invasion(p=0.019). High HIF-$1{\alpha}$ expression was also significantly associated with VEGF immunoreactivity(p<0.001), and aberrant p53 expression(p=0.040). but was marginally associated with Ki-67 labeling index(p=0.092). The overall 5-year survival rate was 42.3%. The survival curve of patients with a high HIF-$1{\alpha}$ expression was worse than that of patients with low-expression(p=0.002). High HIF-$1{\alpha}$ expression was independent unfavorable factors with a marginal significance in multivariate analysis performed by Cox regression. Conclusion: It is suggested that high HIF-$1{\alpha}$ expression may be associated with intratumoral neovascularization possibly through HIF-VEGF pathway, and high HIF-$1{\alpha}$ expression could be associated with lymph node metastasis and post operative poor prognosis in patients with non-small cell lung carcinoma.

• The Korean Journal of Mycology
• /
• v.20 no.4
• /
• pp.337-346
• /
• 1992

Trichoderma spp. are an effective control agent for damping-off or other plant diseases. The interaction between. T. hamatum and Rhizoctonia solani on the rhizosphere or surface soil were examined to assess the possible roles of antibiosis or competition in the mechanisms of biological control agents as a basic research. In a proportional comparison, total bacteria, fungi, actinomycetes and Trichoderma spp were 65%, 8.8%, 25.9% and 0.28% respectively in their distribution in the soil. Among Trichoderma spp isolated, the 5 species of Trichoderma spp were indentified as T. koninggii, T. pseudokoninggii, T. aureoviridi, T. hamatum and T. viride respectively. In a mycoparasitic test, one isolate of T. hamatum strain Tr-5 showed an enzymatic ability to break fungal hyphae into piecies and infected on the R. solani hyphae showing a parasitism. Spore germination of the all isolates of Trichoderma spp showed a 1.7-7.3% of germination in natural soil conditions, but the percentage was high in sterile soil indicating all the natural soil were fungistatic on conidia of Trichoderma spp. In rhizosphere competent assay in pea plant, the antagonistic T. hamatum, T. viride, T. koninggii, T. pseudokoninggii showed a colonizing upper soil depth in rhizosphere around 1-3 cm in root zone, but the colonizing ability was much reduced along the deeper the soil depth. Propagule density was decreased in deeper the soil layer. Disease development rate treated alone with plant pathogens, Fusarium solani, Rhizoctonia solani, Cylindrocarpon destructans increased, but disease incidence rate reduced in treatment with combinations with antagonistic T. hamatum strain Tr-5.

• Korean Journal of Environmental Biology
• /
• v.32 no.3
• /
• pp.168-175
• /
• 2014

In order to understand the phytoplankton community structure based on their cell size duringlow water temperature periods, we studied 10 stations in the East Sea, Korea on March, 2012. The minimum standing crops of total phytoplankton were $3.4{\times}10^6cells\;L^{-1}$ at the station 5. The maximum values were $7.6{\times}10^6cells\;L^{-1}$ at the station 8, which is two times the amount of the minimum. The carbon mass at the station 4 ($6.3{\times}10^8pg\;L^{-1}$) was more than forty times higher compared with station 5 ($0.08{\times}10^8pg\;L^{-1}$). From these results, we found a significant difference between standing crops and carbon mass which might have caused due to their differences in community structure and cell size. Therefore, we considered the types of plankton biomass to estimate the primary product in the specific location and/or time. The phytoplankton communities were classified in 3 types: microplankton (> $20{\mu}m$), nanoplankton (< $20{\mu}m$) and picoplankton (< $2{\mu}m$). In the case of picoplankton, various morphological types were observed during the study period. These various picoplankton species were further classified as S (spherical), SF (spherical&flagella), O (oval), OF (oval&flagella) or R (rod) type, and we analyzed their community structure based on these categories. The picoplankton was found to be the most dominant type at 8 stations and S type as the most popular. The picoplankton seems to be the significant organism in the marine ecology during low water temperature periods in the coastal waters of East Sea. Therefore, picoplankton \;-with scientific surveys can be considered as the database for their identification. In conclusion, we suggest that cell size of the phytoplankton would be the best criteria to accurately analyze their community structure and to reveal groups having more ecological influence.

• Archives of design research
• /
• v.2 no.1
• /
• pp.43-62
• /
• 1989

The luxury is the expression of human being's ornament instinct. In this study, in order to grasp the moulding system of the Korean's personal ornaments, the process of luxury prohibition was reviewed to search for to which direction the ornaments developed in the frame of the prohibited style connected closely to the character of the personal ornaments. The proiod was fixed from the old society to the late Chosun dynasty era. The beginning of the luxury in Korea seems to be the start of the luxury burial at the time of funeral in the age of Koguryo., In the era of Koguryo, 10th year of King Dongmyung (B. C. 28), in the era of Baekje, 27th year of King Koi(260), the prohibition of dress regulation and the style of dress were conducted. The prohibition of personal ornaments in Silla was started from King Bup:Heung, and in the 9th year of King Heung-Duk, the prohibition was conducted in order to correct the luxury of the nobles and set up the social discipline. In the 11 th of King Il-Sung-Ni-Sa-Kum, the use of gold, silver and jade was prohibited in the civilian circles. The prohibition of Silla was succeeded to Koryo era, and in the 7th year of King Kwangjong(956), the system of Baekgwan Gongbok(uniform for government officials) was set up, and the system of Sasek Gongbok(four color official uniform) was set up in the 11 th year of the same King, and the prohibition of the personal ornaments such as crown and band is considred to have been conducted. The prohibition of gold and silver was conducted in the first year of King Sungjong(982), and in the 4th year of King Chungryul(l260), the order of wearing the dress and hat in accordance with the Yusan dynasty and the Mongolian customs were widely circulated in the royal court and vivilian circles. The strong influence of Mongolia made the taste of the traditional personal ornaments laste. The personal ornaments were used for the nobles until the age of the Unified Sillar but even the common people could use them in case they were rich, and such a circumstances made the use of foreign goods inflated. The prohibition of Koryo era was aimed at the prohibition of the foreign goods of luxury, and the classification of the social status.In the age of Chosun Dynasty, the production of gold and silver was feeble indeed but the oute reason of the prohibition was to eradicate the luxurious tendency, elevate the custom of eradicate the luxurious tendency, elevate the custom of thrift, and moreover, the gold, silver and jade were no the products of Korea and the prohibition was conducted but the true reason was afor the tribute tt China and the classification of status. The prohibition of Chosun dynasty was conducted first in the June of the 3rd year of King Taejo The major contents of prohibition was no use of gold, silver and jade, coral, agate, amber, etc. of th, wives of the Dang-Sang-Kwan (Court Nobleman) or their sons and daughters, and the same pheno menon was common even at the time of marriage. The people engaged in the secret trade there of wert beheaded. The personal ornaments in the prohibition were the pendent trinket, Binyo (crossbar) ceremonial ornamental hat, ring, earring, ornamental knife, hat string, hat ornament, belt, etc. Thl luxurious marriage expenses out of the luxury was severe, and lose of the marriageable age because 0 non-preparing the marriage goods was the national evil. The prohibition oC luxury was hard to bt kept to the nobles or rich people, the same as old days and present days. The prohibition of th{ luxury and personal ornaments of Korea had nothing to do with the commons, and it was limited tc the nobles and rich people. The prohibition was aimed to cultivating the custom of frugality by eradicating the luxurious atmosphere, but it was chiefly due to the tribute to the China and tht discrimination of the. status. We can say that the recent personal ornament was the flower of handi craft industry bloomed in the prohibition and regulation.

• Journal of The Korean Society of Grassland and Forage Science
• /
• v.25 no.3
• /
• pp.151-158
• /
• 2005

This experiment was conducted to evaluate forage production and quality, and soil improvement of three legumes at Cheonan Yonam College. The three legumes used in the experiment were crimson clover (Trifolium incarnatum L.) red clover(Trifolium pratense L.) and chinese milk vetch(Astragalus sinicus L.). Flowering stage was observed on the 20th of April for chinese milk vetch and on the 30th of April for crimson clover, but the red clover did not produce flower until harvest time. The dry matter(DM) content of crimson clover was the highest among the three legumes. In terms of DM yield, crimson clover has the highest yield, the highest yield in crude protein(CP) and total digestible nutrients(TDN) was red clover. In terms of forage quality, the highest CP content was red clover, while the chinese milk vetch was the lowest for both neutral detergent fiber(NDF) and acid detergent fiberr(ADF). Red clove. and chinese milk vetch were highest fur TDN content, and the chinese milk vetch has the highest for relative feed value(RFV). Assessment of the chemical properties of soil after harvest showed that the nitrogen content of soil increased in all legumes. The organic matter(OM) content of soil in both crimson and red clover increased, while the chinese milk vetch decreased. The available $P_2O_5$ decreased in all three legumes, but the biggest decrease was in the chinese milk vetch. The exchangeable potassium in the soil for both crimson and red clover increased, but in chinese milk vetch it decreased. Based on the results of this study, the chinese milk vetch was superior in terms of forage quality, but crimson and red clover are excellent in forage yield and in maintaining soil quality in upland.

• The Journal of the Korea Contents Association
• /
• v.8 no.8
• /
• pp.285-292
• /
• 2008

This study was initiated to evaluate the Phosphorus(P) leaching potential in the putting green soils and P uptake by the turfgrass in the golf course using the P fertilizers. The turfgrass, Floradwarf bermudagrass(Cynodon dactylon L. PERS,) was planted and grown in the mixture of sand and peat moss in this lysimeter study. Five representative P fertilizers, such as, ammonium polyphosphate (APP), monopotassium phosphate (MKP), MAP(monoammonium phosphate), 0-20-20(liquid), and concentrated superphosphate(CSP, solid) were used in this study. Based on the total P quantity of leachate collected during the whole 12 weeks, MKP and APP are the first group of P fertilizers contributing to the leaching of P, then MAP and 0-20-20 are the second group of P fertilizers causing the P leaching. Finally, CSP is the third group of P fertilizer resulting in the P leaching. However, most of P applied and collected in the lysimeter were leached during the first period of two and four weeks, compared to that of P leached during the second period of six, eight, ten, and twelve weeks. Applications of MAP, APP and CSP, MKP and 0-20-20 in order produced the largest amount of total dry matter. However, APP, MKP and MAP, CSP and 0-20-20 in order showed the largest amount of P uptake. Therefore, based on the data of P leaching, dry matter production, and plant P uptake, it appears that CSP, 0-20-20, and MAP are the environmentally sound fertilizers recommended in the turfgrass putting green soil of golf course.

• Tuberculosis and Respiratory Diseases
• /
• v.46 no.4
• /
• pp.564-573
• /
• 1999

Background: With variable symptoms and nonspecific radiographic appearances, pulmonary embolism (PE) is a frequent and often undiagnosed cause of mortality and morbidity. The Prospective Investigation of Pulmonary Embolism Diagnosis (PIOPED) study suggested that the majority of patients undergoing ventilation-perfusion (V-Q) scan would require additional studies to establish or to exclude the diagnosis of PE. Pulmonary angiography has been regarded as gold standard for diagnosis of PE. However, it is an invasive procedure that may be associated with significant notable morbidity and mortality. Thus, availability of an accurate, noninvasive screening examination is highly desirable. Method: From October 1994 to February 1997, twenty patients (male 13, female 7, range 23-91 years, median 58 years) who were suspected as pulmonary embolism on the basis of clinical evidence and underwent the spiral volumetric computed tomography (spiral CT), were studied retrospectively to evaluate the effectiveness of spiral CT as a diagnostic tool in PE. Results: PE could be excluded with spiral CT in 4 patients ; diagnoses of these patients were lung cancer, pneumonia with lung abscess, bilateral pleural effusion due to congestive heart failure, nonspecific pulmonary abnormality retrospectively. One patient who disclosed high probability in V/Q scan, could be diagnosed as pneumonia with lung abscess and underlying emphysema with spiral CT. Among 4 patients who showed intermediate and low probability in V/Q scan, 3 patients could be confirmed as PE with spiral CT. Spiral CT was helpful in 3 patients, in whom V/Q scan could not be performed due to other reasons (e.g. night time, mechanical ventilation) to confirm the diagnosis of PE. Spiral CT could demonstrate embolus above lobar artery level in 11 patients, and up to segmental artery level in 5 patients. Conclusion: This study demonstrated that spiral CT could allow accurate demonstration of thrombotic clots in centrally localized embolism. Spiral CT could be effective, specific, noninvasive and useful diagnostic screening modality for the diagnosis of pulmonary embolism.

• Applied Biological Chemistry
• /
• v.20 no.1
• /
• pp.88-94
• /
• 1977

A laboratory study was made of liming on the extractability of phosphate added to the uncultivated acid soils differing in clay content. The experiments were conducted with different rates of calcium carbonate and triple superphosphate at field capacity and 50% field capacity. The concentration of extractable phosphate was greatly reduced by simultaneous addition of calcium carbonate in the loam soil. When samples of the loam soil were preincubated for ranging from 0 to 50 days in the presence of calcium carbonate prior to phosphate application, the extractable phosphate concentration increased with preincubation time, and more phosphate was extracted from the soil maintained at 50% field capacity during the incubation. However, the extractable phosphate concentration in the sandyloam soil did not change with preincubation time and was not affected by moisture status. It may be concluded that the extractability of added phosphate was influenced by not only liming time but physical properties of soil.