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A Study on the Availability of Chinese Internal Arbitration Institution by the Company invested from Korea (중국 투자기업의 중국 국내중재기구 이용 가능성에 관한 연구)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.49-97
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    • 2014
  • This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

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Domestic and International Experts' Perception of Policy and Direction on STEAM Education (융합인재교육(STEAM)의 정책과 실행 방향에 대한 국내외 전문가들의 인식)

  • Jung, Jaehwa;Jeon, Jaedon;Lee, Hyonyong
    • Journal of Science Education
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    • v.39 no.3
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    • pp.358-375
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    • 2015
  • The purposes of this study were to investigate the value, necessity and legitimacy of STEAM Education and to propose practical approaching methods for STEAM Education to be applicable in Korea through a variety of literature review, case studies and collecting suggestions from domestic and international educational experts. The research questions are as follows: (1) To investigate the perception, understanding and recognitions of domestic and foreign professionals in STEAM education. (2) To analyze policy implications for an improvement in STEAM. The following aspects of STEAM were found to be challenges in our current STEAM policy after analyzing multiple questionnaires with the professionals and case studies including their experiences, understanding, supports and directions of the policy from the governments. The results indicate that (1) there was a lack of precise and conceptual understanding of STEAM in respect to experience. Training sessions for teachers in this field to help transform their perception is necessary. Development of practical programs with an easy access is also required. It is important to get the aims of related educational activities recognized by the professionals and established standards for an evaluation. The experts perceived that a theme-based learning is the most preferred and effective approaching method and the programs that develop creative thinking and learning applicable to practice are required to promote. (2) The results indicate that there was a lack of programs and inducements for supporting outstanding STEAM educators. It is shown that making an appropriate environment for STEAM education takes the first priority before training numbers of teachers unilaterally, thus securing enough budget seems critical. The professionals also emphasize on developing specialized teaching materials that include diverse inter-related subjects such as science technology, engineering, arts and humanities and social science with diverse viewpoints and advanced technology. This work requires a STEAM network for teachers to link up and share their materials, documents and experiences. It is necessary to get corporations, universities, and research centers participated in the network. (3) With respect to direction, it is necessary to propose policy that makes STEAM education ordinary and more practical in the present education system. The professionals have recommended training sessions that help develop creative thinking and amalgamative problem-solving techniques. They require reducing the workload of teachers and changing teachers' perspectives towards STEAM. They further urge a tight cooperation between departments of the government related with STEAM.

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The Prognostic Role of B-type Natriuretic Peptide in Acute Pulmonary Thromboembolism (급성 폐혈전색전증 환자에서 예후 인자로서 혈중 BNP의 의의)

  • Lee, Su Jin;Lee, Jae Hyung;Park, Ji Young;Jo, Woo Sung;Kim, Ji Eun;Kim, Ki Uk;Park, Hye Kyung;Kim, Yun Seong;Lee, Min Ki;Park, Soon Kew
    • Tuberculosis and Respiratory Diseases
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    • v.60 no.5
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    • pp.540-547
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    • 2006
  • Background : Vital stability and right side heart failure are major prognostic factors of acute pulmonary thromboembolism. While it is important to recognize right side heart failure, it is often difficult in real practice. Recently, several studies have described early diagnostic tools for detecting right side heart failure including echocardiography and biochemical markers. This study, we evaluated the prognostic role of the B-type natriuretic peptide (BNP) in an acute pulmonary thromboembolism. Methods : Thirty-four patients with a diagnosis of acute pulmonary thromboembolism were enrolled in the study. The BNP levels were measured and echocardiography was performed at the Emergency Department. Data on the prognostic factors including ventilatory support, vital stability, pulmonary artery pressure, degree of tricuspid valve regurgitation, complications and death was collected from the patients' medical records. The patients with an acute pulmonary thromboembolism were divided into two groups based on the vital stability and the BNP level and the cutoff values and prognostic factors of the two groups were compared. Results : The predictors of the vital stability that influence the prognosis of patients with acute pulmonary thromboembolism were the BNP level, ventilatory support and death. The plasma BNP levels showed a strong correlation with the vital stability, ventilatory support, thrombolytic therapy and death. When the BNP cutoff level was set to 377.5 pg/dl in a ROC curve, the sensitivity and the specificity for differentiating between the groups with stable or unstable vital signs was 100% and 90%, respectively. Conclusion : This study indicates that a measurement of the plasma BNP levels may be a useful prognostic marker in patients with an acute pulmonary thrombo-embolism.

Recent Progress in Air Conditioning and Refrigeration Research -A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2000 and 2001- (공기조화, 냉동 분야의 최근 연구 동향 -2000년 및 2001년 학회지 논문에 대한 종합적 고찰 -)

  • 강신형;한화택;조금남;이승복;조형희;김민수
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.14 no.12
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    • pp.1102-1139
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    • 2002
  • A review on the papers published in the Korean Journal of Air-Conditioning and Refrigerating Engineering in 2000 and 2001 has been done. Focus has been put on current status of research in the aspect of heating, cooling, ventilation, sanitation and building environment. The conclusions are as follows. (1) Most of fundamental studies on fluid flow were related with heat transportation of facilities. Drop formation and rivulet flow on solid surfaces were interesting topics related with condensation augmentation. Research on micro environment considering flow, heat, humidity was also interesting for comfortable living environment. It can be extended considering biological aspects. Development of fans and blowers of high performance and low noise were continuing topics. Well developed CFD technologies were widely applied for developing facilities and their systems. (2) Most of papers related with heat transfer analysis and heat exchanger shows dealt with convection, evaporation, and channel flow for the design application of heat exchanger. The numerical heat transfer simulation studies have been peformed and reported to show heat transfer characteristics. Experimental as well as numerical studies on heat exchanger were reported, while not many papers are available for the system analysis including heat exchanger. (3) A review of the recent studies on heat pump system shows that performance analysis and control of heat pump have been peformed by various simulations and experiments. The research papers on multi-type heat pump system increased significantly. The studies on heat pipe have been examined experimently for change of working characteristics and strut lure. Research on the phase change has been carried out steadily and operation strategies of encapsulated ice storage tank are reported experimentally in several papers. (4) A review of recent studies on refrigeration/air conditioning system have focused on the system performance and efficiency for new alternative refrigerants. Evaporation and condensation heat transfer characteristics are investigated for tube shapes and new alternative refrigerants. Studies on components of refrigeration/air conditioning system are carried to examine efficiency for various compressors and performance of new expansion devices. In addition to thermophysical properties of refrigerant mixtures, studies on new refrigerants are also carried out, however research works on two-phase flow seemed to be insufficient. (5) A review of the recent studies on absorption cooling system indicates that heat and mass transfer phenomena have been investigated to improve absorber performance. Various experimental data have been presented and several simulation models have been proposed. A review of the recent studies on duct and ventilation shows that ventilation indices have been proposed to quantify the ventilation performance in buildings and tunnels. Main efforts have been focused on the applications of ventilation effectiveness in practice, either numerically using computational fluid dynamics or experimentally using tracer gas techniques. (6) Based on a review of recent studies on indoor thermal environment and building service systems, research issues have mainly focused on many innovative ideas such as underfloor air-conditioning system, personal environmental modules, radiant floor cooling and etc. Also, the new approaches for minimizing energy consumption as well as improving indoor environmental conditions through predictive control of HVAC systems, various activities of building energy management and cost-benefit analysis for economic evaluation were highlighted.

The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

Biodegradation test of the alternatives of perfluorooctanesulfonate (PFOS) and PFOS salts (PFOS salts 및 PFOS 대체물질에 대한 미생물분해시험)

  • Choi, Bong-In;Na, Suk-Hyun;Son, Jun-hyo;Shin, Dong-Soo;Ryu, Byung-taek;Chung, Seon-yong
    • Journal of Environmental Health Sciences
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    • v.42 no.2
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    • pp.112-117
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    • 2016
  • Objectives: In this study, we investigated the biodegradation rates of 8 perfluorooctanesulfonate (PFOS) alternatives synthesized at the at Changwon National University in comparison to those of PFOS potassium salt and PFOS sodium salt. Methods: A biodegradability test was performed for 28 days with microorganisms cultured in the good laboratory practice laboratory at the Korea Environment Corporation following the OECD Guidelines for the testing of chemicals, Test No. 301 C Results: While $C_5H_8F_3SO_3K$, $C_8F_{17}SO_3K$ and $C_8F_{17}SO_3Na$ were not degraded after 28 days, the 3 alternatives were biodegraded at the rates of 31.4% for $C_8H_8F_9SO_3K$, 25.6% for $C_{10}H_8F_{13}SO_3K$, 23.6% for $C_{25}F_{17}H_{32}S_3O_{13}Na_3$, 20.9% for $C_{15}F_9H_{21}S_2O_8Na_2$, 15.5% for $C_{23}F_{18}H_{28}S_2O_8Na_2$, 8.5% for $C_{17}F_9H_{25}S_2O_8Na_2$ and 4.8% for $C_6H_8F_5SO_3K$. When the concentration was the same(500 mg/L), $C_{23}F_{18}H_{28}S_2O_8Na_2$ had the lowest tension with 20.94 mN/m, which was followed by $C_{15}F_9H_{21}S_2O_8Na_2$ (23.36 mN/m), $C_{17}F_9H_{25}S_2O_8Na_2$ (27.31 mN/m), $C_{25}F_{17}H_{32}S_3O_{13}Na_3$ (28.17 mN/m), $C_{10}H_8F_{13}SO_3K$ (29.77 mN/m) and $C_8H_8F_9SO_3K$ (33.89 mN/m). Having higher surface tension of 57.64 mN/m and 67.57 mN/m, respectively, than those of the two types of PFOS salts, $C_6H_8F_5SO_3K$ and $C_5H_8F_3SO_3K$ were found valueless as substitute for PFOS. Conclusion: The biodegradation test suggest that 6 compounds could be used as substitutes for PFOS. $C_{23}F_{18}H_{28}S_2O_8Na_2$ and $C_{15}F_9H_{21}S_2O_8Na_2$ were found to be the best substitutes based on biodegradation rate and surface tension, followed by $C_{25}F_{17}H_{32}S_3O_{13}Na_3$, $C_8H_8F_9SO_3K$ and $C_{10}H_8F_{13}SO_3K$. $C_{17}F_9H_{25}S_2O_8Na_2$ was found to have relatively low value as an alternative but it still had a potential to substitute the conventional PFOS.

Current Status of Symptom and Pain Control in Cancer Patients Treated with Chemotherapy (화학요법을 받는 암환자의 증상 및 통증조절 현황)

  • Chung, Young;Na, Duck-Mi;Kim, Jin-Sun;Yang, Kyung-Mi
    • Journal of Hospice and Palliative Care
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    • v.6 no.2
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    • pp.144-151
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    • 2003
  • Purpose : The purpose of this study was to identify the current status of symptom and pain control in cancer patients treated with chemotherapy. Methods : The study population consisted of 66 cancer patients treated with chemotherapy and the data was collected by chart audit and using questionnaire from 19 clinicians in an university hospital during the period of August 7 to 24, 2001. The degree of symptom, analgesics type, dose, administration route, and pain control method of cancer patients treated with chemotherapy was investigated. The collected data were analyzed by frequency, percent, mean, and SD using SPSS $PC^+$ program. Results : The number of cancer patients treated with chemotherapy was 66, male 35 (53.0%), female was 31 (47.0%). The largest of age group was $61{\sim}69$(34.8%) years old. Most frequent cancer site was stomach 19 case (28.8%), cole-rectal 17 case (25.8%), urinary 11 case (16.7%) in the respective order. The most common stage of cancer was stage 3, 14 case (29.2%). The most frequent duration of diagnosis was under 3 month, 25 (37.9%). The frequent symptom of cancer patients treated with chemotherapy was marasmus ($2.4193{\pm}1.2220$), pain ($1.9333{\pm}1.2194$), sleep disorders ($1.7142{\pm}1.0384$), personality change ($1.5806{\pm}0.8971$) in the respective order. 3) The analgesics used for pai control were narcotic analgesics 66.2% and nonnarcotic analgesics 33.8%. Pain control method were regular basis+as needed 47.4%, as needed 31.6%, regular basis 21.0% in order. Administration route were oral 50.7%, injection 41.8%, patch 7.5% in order. Conclusion : The most frequent symptom of cancer patients treated with chemotherapy were marasmus and pain. The frequent analgesics was narcotic analgesics but 21% of the clinician regularly prescribed analgesics for pain control. Thus this prescription was insufficient for pain control. Administration route that were used more oral or injection than patch. Based on this evidence, it seemed that more active practice and education about evaluation and pain control of cancer patients treated with chemotherapy are needed.

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An Estimation of the Efficiency and Satisfaction for EEG Practice Using the Training 10-20 Electrode System: A Questionnaire Survey (연습용 10-20 Electrode System을 이용한 뇌파검사 실습의 효율성과 만족도 평가)

  • Lee, Chang Hee;Kim, Dae Jin;Choi, Jeong Su;Lee, Jong-Woo;Lee, Min Woo;Cho, Jae Wook;Kim, Suhng Wook
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.3
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    • pp.300-307
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    • 2017
  • Electroencephalography (EEG) is distinct from other medical imaging tests in that it is a functional test that helps to diagnosis disorders related to the brain, such as epilepsy. The most important abilities for a medical technologist when performing an EEG are knowing the exact location of the electrode and recording the EEG wave clearly, except for artifacts. Although theoretical education and practical training are both included in the curriculum for improving these abilities, sufficient practical training has been lacking due to problems like expensive equipment and insufficient practical training time. We try to solve these issues by manufacturing the training 10-20 electrode system and by estimating the efficiency and satisfaction of the training 10-20 electrode system through a questionnaire. The time required for practical training using this system was $43.58{\pm}9.647min$, which proved to be efficient. The satisfaction score of participants who experienced curriculum practical training was improved from $7.21{\pm}2.285$ to $9.46{\pm}1.166$. Based on these findings, it is considered that practical training via the use of the training 10-20 electrode system will solve the problems, such as lack of equipment and insufficient practical training time. Nonetheless, to further improve the training 10-20 electrode system, it must overcome the limitations of developing a device capable of checking the actual brain waves and validating the exact location of electrode attachment.

Current Situation and Development Strategy for the Korea-Good Agricultural Practices System (농산물우수관리제도의 현황과 발전방안)

  • Yoon, Deok-Hoon
    • Journal of Food Hygiene and Safety
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    • v.33 no.1
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    • pp.1-11
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    • 2018
  • It is ten years since the Good Agricultural Practices (GAP) certification system was implemented in Korea, and the government aims to acquire GAP certification up to 25% of the total agricultural areas by 2022. As of the end of 2017, 6.3% of the total cultivated area and 8.1% of the total farm households were certified, which is slower than expected. The purpose of this study was to investigate the causes of the GAP accreditation through the surveys and on site inspections of the GAP certified farmers and to propose the development plans according to the problems analysis of the current system in order to expand the GAP certification. Certified farmers recognized the need for agricultural safety and hygiene, but there were a lot of nonconformities regarding practical practices. This is due to the ambiguity of the certification standards and the wrong ways in the training method for the producers. GAP certification is slow to expand to farmers and low consumer awareness is considered a structural problem of GAP certification system, and improvement measures are needed accordingly. It is necessary to convert the state-led GAP certification system into a state-led private certification system. It is necessary for the government to focus on policy, research and follow-up management. In addition, it is necessary to establish a separate organization in the form of a contribution organization for the certification, education, and public relations. In addition, long-term plan must be established and systematically carried out. It is necessary to integrate too many certification agencies compared to the farming scale of Korea, and it is necessary to realize the application fee for realizing the financial independence of the certification body and correct certification work. In addition, inspector qualification standards should be strengthened and training system should be improved to nurture high quality inspectors. Simplified certification standards based on statutes need to be subdivided into practical action plans. In order to improve the GAP certification system, it is necessary to have a discussion through a committee composed of specialists from industry and academia, and it will be possible to contribute to the safety of the food of the people through the production of safe by drawing concrete development plans.

Investigation on Inhibitory Effect of ErmSF N-Terminal End Region Peptide on ErmSF Methyltansferase Activity In Vivo Through Development of Co-Expression System of Two Different Proteins in One Cell (서로 다른 두 단백질의 세포 내 동시 발현 체계의 개발을 통한 ErmSF에서 특이적으로 발견되는 N-Terminal End Region (NTER)을 포함하는 펩타이드의 생체내에서의 ErmSF 활성 억제 효과 검색)

  • Jin, Hyung-Jong
    • Korean Journal of Microbiology
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    • v.47 no.3
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    • pp.200-208
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    • 2011
  • Most problematic antibiotic resistance mechanism for MLS (macrolide-lincosamide-streptogramn B) antibiotics encountered in clinical practice is mono- or dimethylation of specific adenine residue at 2058 (E. coli coordinate) of 23S rRNA which is performed by Erm (erythromycin ribosome resistance) protein through which bacterial ribosomes reduce the affinity to the antibiotics and become resistant to them. ErmSF is one of the four gene products produced by Streptomyces fradiae to be resistant to its own antibiotic, tylosin. Unlike other Erm proteins, ErmSF harbors idiosyncratic long N-terminal end region (NTER) 25% of which is comprised of arginine well known to interact with RNA. Furthermore, NTER was found to be important because when it was truncated, most of the enzyme activity was lost. Based on these facts, capability of NTER peptide to inhibit the enzymatic activity of ErmSF was sought. For this, expression system for two different proteins to be expressed in one cell was developed. In this system, two plasmids, pET23b and pACYC184 have unique replication origins to be compatible with each other in a cell. And expression system harboring promoter, ribosome binding site and transcription termination signal is identical but disparate amount of protein could be expressed according to the copy number of each vector, 15 for pACYC and 40 for pET23b. Expression of NTER peptide in pET23b together with ErmSF in pACYC 184 in E. coli successfully gave more amounts of NTER than ErmSF but no inhibitory effects were observed suggesting that there should be dynamicity in interaction between ErmSF and rRNA rather than simple and fixed binding to each other in methylation of 23S rRNA by ErmSF.