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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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Comparison of Clinical Characteristics and Polysomnographic Findings between REM Sleep Behavior Disorder with and without Associated Central Nervous System Disorders (중추신경계질환 동반 여부에 따른 렘수면 행동장애의 임상 특성과 수면다원기록소견 소견 비교)

  • Lee, Yu-Jin;Jeong, Do-Un
    • Sleep Medicine and Psychophysiology
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    • v.12 no.1
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    • pp.58-63
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    • 2005
  • Objectives: REM sleep behavior disorder (RBD), characterized by excessive motor activity during REM sleep, is associated with loss of muscle atonia. In recent years, it has been reported that RBD has high co-morbidity with CNS disorders (especially, Parkinson's disease, dementia, multiple system atrophy, etc.). We aimed to assess differences in clinical and polysomnographic findings among RBD patients, depending on the presence or absence of central nervous system (CNS) disorders. Methods: The medical records and polysomnographic data of 81 patients who had been diagnosed as having RBD were reviewed. The patients were classified into two groups: associated RBD (aRBD, i.e., with a clinical history and/or brain MRI evidence of CNS disorder) and idiopathic RBD (iRBD, i.e., without a clinical history and/or brain MRI evidence of CNS disorder) groups. Twenty-one patients (25.9%) belonged to the aRBD group and 60 patients (74.1%) belonged to the iRBD group. The clinical characteristics and polysomnographic findings of the two groups were compared. Results: Periodic limb movement disorder (PLMD), i.e., PLMI (periodic limb movement index)>5, was observed more frequently in the aRBD group than in the iRBD group (p<0.001, Fisher's exact test). Also, obstructive sleep apnea syndrome (OSAS), i.e., RDI (respiratory disturbance index)>5, was found more frequently in the aRBD group (p=0.0042, Fisher's exact test). The percentages for slow wave sleep and sleep efficiency were significantly lower in the aRBD group than in the iRBD group. Conclusion: We found that 1 out of 4 RBD patients had associated CNS disorders, warranting more careful neurological evaluation and follow-up in this category of RBD. In this category of RBD patients, we also found more frequent PLMD and OSAS. These patients were also found to have lower slow wave sleep and sleep efficiency. In summary, RBD patients with associated CNS disorders suffer from more disturbed sleep than those without them.

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Geological Structures of the Taean Formation in the Gomseom Area, Southwestern Gyeonggi Massif (경기육괴 남서부 곰섬 일대 태안층의 지질구조)

  • Kim, Inho;Kim, Ae-Ji;Woo, Hayoung;Park, Seung-Ik
    • Economic and Environmental Geology
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    • v.52 no.2
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    • pp.159-168
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    • 2019
  • The western Gyeonggi Massif, where records evidence of Phanerozoic subduction/collision tectonics, is an important area to understand the crustal evolutionary history of the Korean Peninsula. This study presents geometric and kinematic characteristics of the geological structures of the Taean Formation in the Gomseom area, southwestern Gyeonggi Massif. We interpreted the geometric relationships between structural elements, and conducted stereographic and down-plunge projections for structural domains. As a result, at least three different deformational events ($D_1$, $D_2$ and $D_3$) are recognized in the study area. In the first deformational event ($D_1$), regional foliations being well defined by the preferred orientation of muscovite and biotite were formed. In the second deformational event ($D_2$), NNE-trending low-angle contractional faults and related crenulation lineations/cleavages were formed. The crenulation lineations shallowly plunge toward SSW~SSE or NNW~NNE. In the third deformational event ($D_3$), SE-plunging folds and NE-trending high-angle faults were formed as 'fault-related fold' and 'fold-accommodation fault', indicating that the $D_3$ folds and faults are genetically linked to each other. This contribution provides important insights into the structural evolution of the Taean Formation along western Gyeonggi Massif, where had evolved as subduction/collisional orogenic belts in the East Asia.

Studies on the Spacial Compositions and the Characteristics of the Alter System at Daebodan in the Changdeok Palace (창덕궁 대보단(大報壇)의 공간구성과 단제(壇制) 특성에 관한 고찰)

  • Jung, Woo Jin;Sim, Woo Kyung
    • Korean Journal of Heritage: History & Science
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    • v.46 no.1
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    • pp.318-345
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    • 2013
  • This study was carried out with a focus on the factor on the periodical space organization of Daebodan (大報壇: the altar of great recompense) in Changdeok Palace, which is significant in terms of political history in the late Chosun Dynasty, and consider the factors in the formation of the structural system through historical records and drawings. Daebodan has the ideology of righteousness to the Ming Dynasty which the hierarchy of the Joseon Dynasty. who felt the crisis of the domination order, imposed as a solution after the Manchu war of 1636. In addition, Daebodan was built by complex factors that entailed the self-esteem of the 'Joseon Centralism Ideology (朝鮮中華)' and the desire of the sacrificial rituals for Heaven that were imminent to the kings of Joseon. Superficially, Daebodan has the spatial organization of the Sajik (社稷) Altar and the placement of an annex building, but had the applied placement due to limited topography and access to the backyard. Furthermore, the lateral structure of Daebodan multiply accepted various factors of the nine step's stairs, the hight of five cheok (尺), the circumstance of two floors that were showed in the altar and platform with small fences and an imperial order including the internal form of Hwangjangbang (黃帳房). Moreover, the name of the alter came from 'the Jiaote Sheng Book of Rites(禮記 郊特牲)' representing 'the suburban sacrifice ritual for Heaven (郊天)', and it was built by not only combining the system of the Sajik Altar in the Joseon Dynasty and China but also avoiding 'excessive etiquette (僭禮).' The point is a remarkable feature shown by the structural system of Daebodan. Thus, it is considered that the 'Notion of Confucian-Cultural Succession (中華繼承意識)' and the desire of the sacrificial rituals for Heaven were expressed by the structure and form of altar. This study examined the process of the creation, expansion, decline and disposal of Daebodan in a chronological order, and found that the ruling ideology of the governing elite by the political and cultural background of the era at each transitional point was reflected in the spatial formation of the altar. On the other hand, as a result of performing a field survey to find the location in accordance with Daebodan in drawing materials, there remains items such as worked stones from Daebodan, precast pavers and fragments of proof tile discovered in the surrounding of tora vine (Actinidia arguta) which is a natural monument of Changdeok Palace. As such, verification through future excavation and investigation is required.

『Chūn-qiū』Wáng-lì(『春秋』王曆)➂ - from Zhōu-lì(周曆) to Xià-lì(夏曆), and "Xíng-xià-zhī-shí(行夏之時)" Mentioned by Confucius (『춘추』 왕력(王曆)➂ - 주력(周曆)에서 하력(夏曆)으로, 그리고 공자의 "행하지시(行夏之時)")

  • Seo, Jeong-Hwa
    • The Journal of Korean Philosophical History
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    • no.54
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    • pp.153-184
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    • 2017
  • During the Pre-Qin(秦) Dynasty era, there were the records that there had been many calendar systems, such as $g{\check{u}}-li{\grave{u}}-l{\grave{i}}$(古六曆 : six ancient calendar systems). Then, the fact that particularly $zh{\bar{o}}u-l{\grave{i}}$(周曆) and $xi{\grave{a}}-l{\grave{i}}$(夏曆) were mainly discussed among them resulted from a lot of discussions from the differences in the calendar system in "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)" known to have been written by Confucius from the calendar system in "$X{\acute{i}}ng-xi{\grave{a}}-zh{\bar{i}}-sh{\acute{i}}$(行夏之時 : implement the calendar of Ha dynasty.)" that Confucius mentioned himself to his disciple. $zh{\bar{o}}u-l{\grave{i}}$(周曆) with $d{\bar{o}}ngzh{\grave{i}}-yu{\grave{e}}$(冬至月 : the 11th month of the lunar calendar) as the first month of a year had the system of the lunar calendar, and $xi{\grave{a}}-l{\grave{i}}$(夏曆) called as the calendar of Ha(夏) dynasty had the system of $ji{\acute{e}}-q{\grave{i}}-l{\grave{i}}$(節氣曆 : a kind of the solar calendar that divides one year of 365 days into 24 solar terms) with $y{\acute{i}}n-yu{\grave{e}}$(寅月 :one month from the present Feb 5) as the first month of a year. These two calendars had definite differences in the first months of a year, names of seasons, and the lunar calendar and the solar calendar. The fundamental reason why Confucius recommended the performance of $xi{\grave{a}}-l{\grave{i}}$(夏曆) as a way to run the nation was not that it started from the philosophical view of the universe that among the 'three $zh{\bar{e}}ng$'(三正)' of $ti{\bar{a}}n-zh{\bar{e}}ng$(天正 : the first month of a year with the heaven as the standard), $d{\grave{i}}-zh{\bar{e}}ng$(地正 : the first month of a year with the earth as the standard) and $r{\acute{e}}n-zh{\bar{e}}ng$(人正 : the first month of a year with humans as the standard), but that he wanted to emphasize the importance of practical national economic policies to enhance agricultural productivity. It becomes the criterion that even though Confucius emphasized that politicians should not have moral flaws ideally, with regard to public policies, he wanted to stress politicians' duties based on the reality a lot.

Investigation and Processing of Seismic Reflection Data Collected from a Water-Land Area Using a Land Nodal Airgun System (수륙 경계지역에서 얻어진 육상 노달 에어건 탄성파탐사 자료의 고찰 및 자료처리)

  • Lee, Donghoon;Jang, Seonghyung;Kang, Nyeonkeon;Kim, Hyun-do;Kim, Kwansoo;Kim, Ji-Soo
    • The Journal of Engineering Geology
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    • v.31 no.4
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    • pp.603-620
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    • 2021
  • A land nodal seismic system was employed to acquire seismic reflection data using stand-alone cable-free receivers in a land-river area. Acquiring reliable data using this technology is very cost effective, as it avoids topographic problems in the deployment and collection of receivers. The land nodal airgun system deployed on the mouth of the Hyungsan River (in Pohang, Gyeongsangbuk Province) used airgun sources in the river and receivers on the riverbank, with subparallel source and receiver lines, approximately 120 m-spaced. Seismic data collected on the riverbank are characterized by a low signal-to-noise (S/N) and inconsistent reflection events. Most of the events are represented by hyperbola in the field records, including direct waves, guided waves, air waves, and Scholte surface waves, in contrast to the straight lines in the data collected conventionally where source and receiver lines are coincident. The processing strategy included enhancing the signal behind the low-frequency large-amplitude noise with a cascaded application of bandpass and f-k filters for the attenuation of air waves. Static time delays caused by the cross-offset distance between sources and receivers are corrected, with a focus on mapping the shallow reflections obscured by guided wave and air wave noise. A new time-distance equation and curve for direct and air waves are suggested for the correction of the static time delay caused by the cross-offset between source and receiver. Investigation of the minimum cross-offset gathers shows well-aligned shallow reflections around 200 ms after time-shift correction. This time-delay static correction based on the direct wave is found essential to improving the data from parallel source and receiver lines. Data acquisition and processing strategies developed in this study for land nodal airgun seismic systems will be readily applicable to seismic data from land-sea areas when high-resolution signal data becomes available in the future for investigation of shallow gas reservoirs, faults, and engineering designs for the development of coastal areas.

Neogene Uplift in the Korean Peninsula Linked to Small-scaled Mantle Convection at Singking Slab Edge (소규모 맨틀 대류에 의한 한반도의 신제3기 이후 융기 운동)

  • Shin, Jae-Ryul;Sandiford, Mike
    • Journal of the Korean Geographical Society
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    • v.47 no.3
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    • pp.328-346
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    • 2012
  • This study provides quantitative constraints on Neogene uplift in the Korean peninsula using onshore paleo-shoreline records and seismic data. The eastern margin of Northeast Asia including Korea sits in the back-arc system behind the Western Pacific Subduction Zone, a complex trench triple junction of the Philippine Sea, Pacific, and Eurasian (Amurian) plates. An analysis of seismic data in the subduction zone shows that the pattern of uplift in the peninsula mirrors the extent of deep seismicity in subducting Pacific plate beneath. Combined with previous tomographic studies it is proposed that uplift is partly driven by asthenospheric upwelling caused by a sinking slab during the Neogene. In addition, the SHmax orientations of E-W and N-S trends in the peninsula are consistent with the prevailing in-situ stress fields in the eastern Eurasian continent generated by various plate boundary forces. The uplift in Korea during the Late Neogene is attributed, in part, to lithospheric failure relating to faulting movements, thus providing a link between dynamic effects of mantle upwelling at sinking slab edge and lithospheric responses driven by plate boundary forces.

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Estimation of Inbreeding Levels and Its Effect on Growth Performances of Calves in Hanwoo and Chikso (Korea Brindle) Cattle Population

  • Park, Yong-Soo;Jeong, Dae-Jin;Choy, Yun-Ho;Choi, Tea-Jeong;Lee, Chang-Woo;Choi, Jae-Woun;Lee, Ji-Hong
    • Reproductive and Developmental Biology
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    • v.37 no.3
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    • pp.123-127
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    • 2013
  • The objective of this study was to compare the effects of the levels of inbreeding on body weight traits between two breed populations, Hanwoo and Korea Brindle cattle. Birth weight (BW), weaning weight (WW), body weight at 6 months of age (W6) and yearling weight (YW). Records of 1,745 calves (1,513 from Hanwoo, and 232 from Korea Brindle calves) were collected from Livestock Research Institutes in Kangwon, Gyeongbuk and Chungbuk provinces. The least squares means (LSM) and their standard errors for BW, WW, W6 and YW were $25.4{\pm}0.1$ kg, $81.0{\pm}1.8$ kg, $146.1{\pm}3.7$ kg and $291.5{\pm}2.4$ kg, respectively in Hanwoo calves and $22.6{\pm}0.3$ kg, $79.9{\pm}2.3$ kg, $137.6{\pm}4.6$ kg and $249.3{\pm}6.6$ kg, respectively in Korea Brindle calves. Pedigree data showed that 14.8% (316 out of 2131) of Hanwoo was inbred and the average inbreeding coefficient was 0.0209 (2.09%). Inbreeding coefficients of ten calves out of 316 total inbred Hanwoo calves were 12.5% or higher, whereas those of the other 306 calves were less than 12.5%. In both breeds, calves were divided into three groups of inbreeding classes - highly inbred group($F{\geq}0.125$), lowly to medially inbred group(0

Climate Change by Global Warming and Its Effects on Production Efficiency of Lactating Dairy Cows in Korea : a Simulation Modeling Approach (지구온난화에 따른 국내 기후변화와 젖소 착유우의 생산효율에 미치는 영향 평가 : 모델 시뮬레이션을 이용한 접근)

  • Lee, Jung-Jin;Lee, Jun-Sung;Kim, Jong-Nam;Seo, Ja-Keum;Jo, Nam-Chul;Park, Seong-Min;Ki, Kwang-Seok;Seo, Seong-Won
    • Korean Journal of Organic Agriculture
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    • v.21 no.4
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    • pp.711-723
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    • 2013
  • The objectives of this study were to access climate change by global warming in Korea, and to investigate its effects on production efficiency of lactating dairy cows. Two regions, Daegu and Daekwanryung, were selected to represent a warm and a cold area, respectively. Time-series analyses on meteorological records for 25 years (from January 1, 1988 to December 31, 2012) revealed significant and different climate changes in two regions. In the warm area there has been a significant (P<0.05) increase in low temperature during the summer, which can cause heat stress to the animal. On the other hand, a decrease in low temperature during the winter was observed in the cold region (P<0.01), and cold stress in winter can thus be an issue in this region. Simulations using a model integrated the Korean feeding standard for dairy cattle and the environmental effect module of Cornell Net Carbohydrate and Protein System, indicated that a reduction in feed efficiency can be a problem during the winter in the cold region while during the summer in the warm area. We conclude that the effect of climate change by global warming varies in different areas in Korea and a region-specific management strategy should be developed in order to maintain productivity, health and welfare of lactating dairy cows.

Correlation Between Unidentified Bright Objects on Brain Magnetic Resonance Imaging (MRI) and Cerebral Glucose Metabolism in Patients with Neurofibromatosis Type 1

  • Sohn, Young Bae;An, Young Sil;Lee, Su Jin;Choi, Jin Wook;Jeong, Seon-Yong;Kim, Hyon-Ju;Ko, Jung Min
    • Journal of Genetic Medicine
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    • v.9 no.2
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    • pp.84-88
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    • 2012
  • Purpose: Neurofibromatosis type 1 (NF1), which is caused by mutations of the NF1 gene, is the most frequent single gene disorder to affect the nervous system. Unidentified bright objects (UBOs) are commonly observed on brain magnetic resonance imaging (MRI) in patients with NF1. However, their clinical and pathologic significance is not well understood. The purpose of this study was to investigate the correlation between UBOs and cerebral glucose metabolism measured by $^{18}F$-2-Fluoro-2-deoxy-D-glucose ($^{18}F$-FDG) positron emission tomography (PET) in Korean patients with NF1. Materials and Methods: Medical records of 75 patients (34 males and 41 females) with NF1 who underwent brain MRI and PET between 2005 and 2011 were evaluated retrospectively. Clinical data including demographics, neurological symptoms, and brain MRI and PET findings, were reviewed. Results: UBOs were detected in the brain MRI scans of 31 patients (41%). The region most frequently affected by UBOs was the basal ganglia. The most frequent brain PET finding was thalamic glucose hypometabolism (45/75, 60%). Of the 31 patients with UBOs, 26 had thalamic glucose hypometabolism on brain PET, but the other 5 had normal brain PET findings. Conversely, of the 45 patients with thalamic glucose hypometabolism on brain PET, 26 showed UBOs on their brain MRI scans, but 19 had normal findings on brain MRI scans. Conclusion: UBOs on brain MRI scans and thalamic glucose hypometabolism on PET appear to be 2 distinctive features of NF1 rather than correlated symptoms. Because the clinical significance of these abnormal imaging findings remains unclear, a longitudinal follow-up study of changes in clinical manifestations and imaging findings is necessary.