• Title/Summary/Keyword: REO

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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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Palatability Grading Analysis of Hanwoo Beef using Sensory Properties and Discriminant Analysis (관능특성 및 판별함수를 이용한 한우고기 맛 등급 분석)

  • Cho, Soo-Hyun;Seo, Gu-Reo-Un-Dal-Nim;Kim, Dong-Hun;Kim, Jae-Hee
    • Food Science of Animal Resources
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    • v.29 no.1
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    • pp.132-139
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    • 2009
  • The objective of this study was to investigate the most effective analysis methods for palatability grading of Hanwoo beef by comparing the results of discriminant analysis with sensory data. The sensory data were obtained from sensory testing by 1,300 consumers evaluated tenderness, juiciness, flavor-likeness and overall acceptability of Hanwoo beef samples prepared by boiling, roasting and grilling cooking methods. For the discriminant analysis with one factor, overall acceptability, the linear discriminant functions and the non-parametric discriminant function with the Gaussian kernel were estimated. The linear discriminant functions were simple and easy to understand while the non-parametric discriminant functions were not explicit and had the problem of selection of kernel function and bandwidth. With the three palatability factors such as tenderness, juiciness and flavor-likeness, the canonical discriminant analysis was used and the ability of classification was calculated with the accurate classification rate and the error rate. The canonical discriminant analysis did not need the specific distributional assumptions and only used the principal component and canonical correlation. Also, it contained the function of 3 factors (tenderness, juiciness and flavor-likeness) and accurate classification rate was similar with the other discriminant methods. Therefore, the canonical discriminant analysis was the most proper method to analyze the palatability grading of Hanwoo beef.

Soil Fertility Evaluation with Adoption of Soil Map Database for Tobacco Fields (토양도 자료를 활용한 연초 경작지의 비옥도 평가)

  • Hong, Soon-Dal;Park, Hyo-Taek
    • Korean Journal of Soil Science and Fertilizer
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    • v.32 no.2
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    • pp.95-108
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    • 1999
  • Field experiments were conducted in the 101 tobacco fields(51 fields in 1985 and 50 fields in 1986) of chief tobacco producing counties of Chungbuk province(Jincheon, Eumseong, Goesan, and Joongweon counties), Chungnam province(Cheonweon county), and Kyongbuk province (Cheongdo, Seongju, and Andong counties) for two years from 1985 to 1986 in order to evaluate soil fertility using chemical properties and soil map database. Pot experiments also on the same soils were conducted and the results were compared to those of field experiments. The yield of tobacco in the plots of no fertilization was considered as a basic factor representing the soil fertility and was evaluated by nineteen independent variables, that was 9 chemical properties and 10 soil map databases. These independent variables were classified into two groups, 11 quantitative indexes and 9 qualitative indexes, and were analyzed by multiple linear regression(MLR) of SAS by REG and GLM models. The yield of tobacco in the plot of no fertilization showed high variations, e.g. the difference between minimum and maximum yields was about 5.0-5.5 times in the pot experiment and 8.2-14.9 times in the field experiment. The indexes indicating close link between yield of tobacco and soil chemical indexes, was selected but it was not well matched by the years or between pot and field experiments. Also, the standardized partial regression coefficients of quantitative indexes for the yield of field were less than 1.0, suggesting that it is difficult to develop an available single index for the evaluation of soil fertility. Evaluation for the soil fertility of field by MLR was better than that of single regression and it was gradually improved by adding chemical properties, quantitative indexes, and qualitative indexes of soil map. For example, the coefficient of determination ($R^2$) of MLR for the yield of 1985 was increased to 0.422 with chemical indexes, 0.503 by addition of quantitative indexes, and 0.633 by the additional adding of qualitative indexes of soil map, compared to 0.244 of single index, $NO_3-N$ content of soil. Consequently, it is assumed that this approach by MLR with quantitative and qualitative indexes including chemical properties and soil map databases was available as an evaluation model of soil fertility for tobacco field.

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Effect of Socio-demographic Factors on Sensory Properties of Korean Hanwoo Bull Beef by Different Cut and Cooking Methods (사회인구학적 요인이 한우수소고기의 부위 및 요리형태별 관능특성에 미치는 영향)

  • Cho, Soo-Hyun;Kim, Jin-Hyoung;Kim, Jae-Hee;Seong, Pil-Nam;Park, Beom-Young;Kim, Kyung-Eui;Seo, Gu-Reo-Un-Dal-Nim;Lee, Jong-Moon;Kim, Dong-Hun
    • Journal of Animal Science and Technology
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    • v.49 no.6
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    • pp.857-870
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    • 2007
  • This study was conducted to investigate the relationship between the socio-demographic factors and the Korean consumers’ palatability evaluation and to collect the sensory information for development of prediction palatability model of Hanwoo beef. Ten cuts〔Abjin (short plate), Bosup (top sirloin), Cheggt (striploin), Dngsim (loin), Guri (chuck tender), Hongduke (eye of round), Moksim (chuck roll), Sulgit (bottom round), Udoon (top round), Yangi (brisket)〕 were separated from 10 Hanwoo bulls beef(~24 months old) and prepared with the same manner for 3 different cooking methods such as boiling, grilling and roasting. The cooked beef samples were served to 650 consumers recruited from Seoul, Joongbu, Honam and Youngnam locations and evaluated tenderness, juiciness, flavor and overall acceptability. The living location, age, gender, occupation, eating habit and cut were significantly related with the sensory properties when bull beef were cooked as boiled cooking(p<0.05). In grill cooking, only occupation, income and cut had the significant effect on the overall acceptability of Hanwoo bull beef(p<0.01). When bull beef were cooked as Korean traditional roast cooking, consumer’s sensory properties were significantly different by the living location, age, occupation, income, eating habit of consumers and cut(p<0.05). Also, results from the principal component analysis showed that palatability scores of Korean consumers were decided with different contribution scores of tenderness, juiciness, flavor and overall acceptability of cut depending on cooking methods. In conclusion, Korean consumers’ palatability for Hanwoo bull beef were related with the socio-demographic factors and the sensory results were different by cut and cooking methods.

Rare Earth Elements (REE)-bearing Coal Deposits: Potential of Coal Beds as an Unconventional REE Source (함희토류 탄층: 비전통적 희토류 광체로서의 가능성에 대한 고찰)

  • Choi, Woohyun;Park, Changyun
    • Economic and Environmental Geology
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    • v.55 no.3
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    • pp.241-259
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    • 2022
  • In general, the REE were produced by mining conventional deposits, such as the carbonatite or the clay-hosted REE deposits. However, because of the recent demand increase for REE in modern industries, unconventional REE deposits emerged as a necessary research topic. Among the unconventional REE recovery methods, the REE-bearing coal deposits are recently receiving attentions. R-types generally have detrital originations from the bauxite deposits, and show LREE enriched REE patterns. Tuffaceous-types are formed by syngenetic volcanic activities and following input of volcanic ash into the basin. This type shows specific occurrence of the detrital volcanic ash-driven minerals and the authigenic phosphorous minerals focused at narrow horizon between coal seams and tonstein layers. REE patterns of tuffaceous-types show flat shape in general. Hydrothermal-types can be formed by epigenetic inflow of REE originated from granitic intrusions. Occurrence of the authigenic halogen-bearing phosphorous minerals and the water-bearing minerals are the specific characteristics of this type. They generally show HREE enriched REE patterns. Each type of REE-bearing coal deposits may occur by independent genesis, but most of REE-bearing coal deposits with high REE concentrations have multiple genesis. For the case of the US, the rare earth oxides (REO) with high purity has been produced from REE-bearing coals and their byproducts in pilot plants from 2018. Their goal is to supply about 7% of national REE demand. For the coal deposits in Korea, lignite layers found in Gyungju-Yeongil coal fields shows coexistence of tuff layers and coal seams. They are also based in Tertiary basins, and low affection from compaction and coalification might resulted into high-REE tuffaceous-type coal deposits. Thus, detailed geologic researches and explorations for domestic coal deposits are required.