• 제목/요약/키워드: independent trial

검색결과 173건 처리시간 0.024초

행정사건에 대한 ADR의 적용에 관한 법이론적 고찰 (An Legal-doctrine Investigation into the Application of ADR to Administrative Cases)

  • 이용우
    • 한국중재학회지:중재연구
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    • 제13권2호
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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북한 대외경제중재법의 실효성 고찰 (A Study on the Efficiency of the North Korean Foreign Economy Arbitration Law)

  • 김석철
    • 한국중재학회지:중재연구
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    • 제18권1호
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    • pp.167-184
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    • 2008
  • The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

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기능성 소화불량증 환자에서 헬리코박터 파일로리 제균 치료 효과 및 관련 요인: 국내 전향적, 다기관 연구 (Female Gender is a Poor Predictive Factor of Functional Dyspepsia Resolution after Helicobacter pylori Eradication: A Prospective, Multi-center Korean Trial)

  • 김성은;김나영;박선미;김원희;백광호;조윤주;박경식;이주엽;심기남;김광하;이봉은;홍수진;박선영;최석채;오정환;김현진
    • 대한소화기학회지
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    • 제72권6호
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    • pp.286-294
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    • 2018
  • Background/Aims: The predictive factors of functional dyspepsia (FD) remain controversial. Therefore, we sought to investigate symptom responses in FD patients after Helicobacter pylori (H. pylori) eradication and used predictive factor analysis to identify significant factors of FD resolution at one-year after commencing eradication therapy. Methods: This prospective, multi-center clinical trial was performed on 65 FD patients that met Rome III criteria and had H. pylori infection. Symptom responses and factors that predicted poor response were determined by analysis one year after commencing H. pylori eradication therapy. Results: A total of 63 patients completed the one-year follow-up. When an eradication success group (n=60) and an eradication failure group (n=3) were compared with respect to FD response rate at one year, results were as follows; complete response 73.3% and 0.0%, satisfactory response 1.7% and 0.0%, partial response 10.0% and 33.3%, and refractory response 15.0% and 66.7%, respectively (p=0.013). Univariate analysis showed persistent H. pylori infection (p=0.021), female gender (p=0.025), and medication for FD during the study period (p=0.013) were associated with poor FD response at one year. However, age, smoking, alcohol consumption, and underlying disease were not found to affect response. Finally, multivariate analysis showed that female gender (OR, 4.70; 95% CI, 1.17-18.88) was the sole independent risk factor of poor FD response at one year after commencing H. pylori eradication therapy. Conclusions: Female gender was found to predict poor response in FD patients despite H. pylori eradication. Furthermore, successful H. pylori eradication appears to be associated with FD improvement, but the number of non-eradicated patients was too small to conclude.

임상시험 및 대상자보호프로그램의 운영과 현황에 대한 설문조사 연구(2019) (Survey of Operation and Status of the Human Research Protection Program (HRPP) in Korea (2019))

  • 맹치훈;이선주;조성란;김진석;라선영;김용진;정종우;김승민
    • 대한기관윤리심의기구협의회지
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    • 제2권2호
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    • pp.37-48
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    • 2020
  • Purpose: The purpose of this study is to assess the operational status and level of understanding among IRB and HRPP staffs at a hospital or a research institute to the HRPP guideline set by the Ministry of Food and Drug Safety (MFDS) and to provide recommendations. Methods: Online survey was distributed among members of Korean Association of IRB (KAIRB) through each IRB office. The result was separated according to topic and descriptive statistics was used for analysis. Result: Survey notification was sent out to 176 institutions and 65 (37.1%) institutions answered the survey by online. Of 65 institutions that answered the survey; 83.1% was hospital, 12.3% was university, 3.1% was medical college, 1.5% was research institution. 23 institutions (25.4%) established independent HRPP offices and 39 institutions (60.0%) did not. 12 institutions (18.5%) had separate IRB and HRPP heads, 21 (32.3%) institutions separated business reporting procedure and person in charge, 12 institutions separated the responsibility of IRB and HRPP among staff, and 45 institutions (69.2%) had audit & non-compliance managers. When asked about the most important basic task for HRPP, 23% answered self-audit. And according to 43.52%, self-audit was also the most by both institutions that operated HRPP and institutions that did not. When basic task performance status was analyzed, on average, the institutions that operated HRPP was 14% higher than institutions that only operated IRB. 9 (13.8%) institutions were evaluated and obtained HRPP accreditation from MFDS and the most common reason for obtaining the accreditation was to be selected as Institution for the education of persons conducting clinical trial (6 institutions). The most common reason for not obtaining HRPP accreditation was because of insufficient staff and limited capacity of the institution (28%). Institutions with and without a plan to be HRPP accredited by MFDS were 20 (37.7%) each. 34 institutions (52.3%) answered HRPP evaluation method and accreditation by MFDS was appropriate while 31 institutions (47.7%) answered otherwise. 36 institutions answered that HRPP evaluation and accreditation by MFDS was credible while 29 institutions (44.5%) answered that HRPP evaluation method and accreditation by MFDS was not credible. Conclusion: 1. MFDS's HRPP accreditation program can facilitate the main objective of HRPP and MFDS's HRPP accreditation program should be encouraged to non-tertiary hospitals by taking small staff size into consideration and issuing accreditation by segregating accreditation. 2. While issuing Institution for the education of persons conducting clinical trial status as a benefit of MFDS's HRPP accreditation program, it can also hinder access to MFDS's HRPP accreditation program. It should also be considered that the non-contact culture during COVID-19 pandemic eliminated time and space limitation for education. 3. For clinical research conducted internally by an institution, internal audit is the most effective and sole method of protecting safety and right of the test subjects and integrity for research in Korea. For this reason, regardless of the size of the institution, an internal audit should be enforced. 4. It is necessary for KAIRB and MFDSto improve HRPP awareness by advocating and educating the concept and necessity of HRPP in clinical research. 5. A new HRPP accreditation system should be setup for all clinical research with human subjects, including Investigational New Drug (IND) application in near future.

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기억자극의 과제 무관련 세부특징 정보가 과제 관련 세부특징에 대한 시각단기재인에 미치는 영향 (Effect of Task-irrelevant Feature Information on Visual Short-term Recognition of Task-relevant Feature)

  • 현주석
    • 인지과학
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    • 제23권2호
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    • pp.225-248
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    • 2012
  • 시각단기재인 과정에 대한 유사성 합산 모형은 단기기억에 저장된 기억 표상들과 재인검사 자극간 유사성의 합산치가 재인의사결정을 좌우한다고 제안한다[1]. 본 연구는 수직 공간주파수를 달리하는 두 Gabor 자극에 대한 공간주파수 재인 과제에서 과제와 무관한 기억자극의 위치 정보가 재인 반응에 미치는 영향을 조사하였다. 실험의 매 시행에서 참가자는 시야 좌우에 제시된 서로 다른 두 Gabor 자극의 공간주파수를 기억하고 약 1초 뒤에 제시된 재인검사 자극과의 동일성 여부를 보고하였다. 재인검사 자극은 기억 항목과 동일하거나 기억된 항목을 기준으로 공간주파수 차원에서 1 또는 4 최소식별단위 만큼 표적과 유사한 미끼자극이었다. 또한 재인검사항목이 제시되는 위치는 재인이 요구된 기억항목의 위치를 기준으로 동일하거나 혹은 반대편 시야 위치에 제시되었으며, 참가자는 검사자극의 위치변화를 무시하고 공간주파수 차원의 재인 반응만을 요구받았다. 실험 결과 미끼자극에 대한 오인반응(false recognition)은 기억항목과 미끼자극 간 유사성 합산치가 커짐에 따라 증가했다. 아울러 과제와는 무관하게 검사항목의 위치 변화가 있었던 조건의 경우 없었던 조건에 비해 이러한 오인 반응의 빈도가 감소한 것으로 나타났다. 과제 무관련 위치 변화에 의한 미끼자극에 대한 오인 반응의 감소는 재인과제의 요구와는 관계없이 무관련 세부특징이 과제 관련 세부특징에 대한 재인 반응에 영향을 미칠 수 있음을 보여주며, 시각단기기억에 저장되는 정보가 세부특징들의 독립적 표상이 아닌 세부특징 간 공고한 결합에 의해 표상될 가능성을 시사한다.

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밀레니엄을 맞이하는 1990년대 패션과 메이크업의 경향 (Chronological Trends of Fashion and Make-up in 1990s for the Next Millennium)

  • 김수진;한명숙
    • 복식문화연구
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    • 제7권6호
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    • pp.129-139
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    • 1999
  • This paper analyzes the trend of fashion and make-up in 1990s and their relevancy to each other. Based on the chronological analysis, we propose a new category for the fashion and make-up trend in 1990s, which is 1) traditional ecology period(1990∼1994), 2) versatile trial or decadent period(1995∼1997), and 3) soft landing period based on the minimal neo-ecology and romanticism(1998∼2000). Between 1990 and 1994, there was no differentiation in seasons. It appeared that spring/summer and fall/winter trend have had no big differences. At the beginning in 1990s, it was basically based on ecology concept that emphasizes the natural image. However after 1995, seasonal differences in trend are appeared and there were various make-up designs. The trends of spring/summer in 1996 could be named as color revolution period that emphasized the unique and individual expression of each person. In 1997, black, pastel, and brown colors were the result of reinterpreting the classic and sexy images of 1960s to natural and modernistic image of 1997. Purple color started to be introduced to us. In 1998, pastel tone, pink, and purple color expresses the glamorous look based on the romantic feminism. S/S of 1999 is mainly represented by minimalism and avant garde. For fall/winter trends, brown color lines make-up comes to mix with romantic image and developed into wine, orange, neon colors in 1995 and 1996. These colors were the symbol of property and sentiment. Gold make-up emphasizing the eye area was the tendency of that period. In 1997, the fear of coming end of century was expressed as decadent image. At that time, ethnic and romantic image appeared with vivid color lines, gold, red and violet. In 1998, romanticism was popular again with modernism and ethnic mood. It expressed the romantic elegant image. The trend has returned to the ecology mood again in 1999. This ecology is somewhat different from the previous ecology. It adds a sofistaiced feeling and sportic fashion. To express natural and sportic image, they choose pink blush. In coming 2000 as a new millennium, the yellow color will be main the stream to express vision, dream, and happiness in both fashion and make-up as an accent color. The minimal design and minimal tools will be used for the design and make-up, respectively. In addition, the fusion concept will dominate the fashion and make-up industry in the globalized and boundariless age. Through this paper, we hope that make-up can be accepted as a part of total fashion in its relationship with other elements such as shoes, clothes and accessory and that it can be considered as a independent art that has direct influence on people and industry.

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膻中穴($CV_{17}$) 간접구요법이 정상 성인의 심박변이도(HRV)에 미치는 영향 (The Effect of Moxibustion at Jeonjung($CV_{17}$) on the Heart Rate Variability in Healthy Adults)

  • 이정주;김성중;박옥주;이상미;박민철;조은희
    • Journal of Acupuncture Research
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    • 제29권4호
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    • pp.43-53
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    • 2012
  • Objectives : This study was accomplished to investigate the effects of moxibustion at Jeonjung($CV_{17}$) on the heart rate variability(HRV) in healthy adults. And based on that, we tried to find out how moxibustion at Jeonjung($CV_{17}$) effects on the activity and balance of the autonomic nervous system Methods : We investigated on 50 healthy volunteers consisted of 24 subjects in moxibustion group and 24 subjects in control group. On the other hand, two volunteers were ruled out by standard of elimination. The study was established by randomized trial. Moxibustion was applied at Jeonjung($CV_{17}$) and rested during 10 minutes in moxibustion group. No treatment was executed in control group. We measured HRV 3 times : baseline measurement and after treatment in moxibustion group(after rest in control group) twice. The SPSS 12.0 for windows was used to analyze the data by paired t-test, Wilcoxon signed ranks test(in group) and Independent t-test, Mann-Whitney U-test (between the groups). Results : 1. In moxibustion group, mean HRT decreased significantly. Ln(VLF) increased significantly. Ln(TP) decreased significantly at $2^{nd}$ time and increased significantly at $3^{rd}$ time. SDNN, RMSSD, PSI, Ln(LF), Ln(HF), Normalized LF, Normalized HF and LF/HF ratio were not affected. 2. In control group, PSI and normalized HF decreased significantly. SDNN, Ln(TP), Ln(VLF), normalized LF and LF/HF ratio increased significantly. Mean HRT, RMSSD, Ln(LF) and Ln(HF) were not affected. Conclusions : This study suggest that moxibustion at Jeonjung($CV_{17}$) makes no effects on the balance of the autonomic nervous system.

Diet intervention to improve cardiovascular risk factors among Iranian postmenopausal women

  • Abedi, Parvin;Lee, Mary Huang-Soo;Kandiah, Mirnalini;Yassin, Zaitun;Shojaeezade, Davood;Hosseini, Mostafa;MSc, Reza Malihi
    • Nutrition Research and Practice
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    • 제4권6호
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    • pp.522-527
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    • 2010
  • Cardiovascular disease is a leading cause of death and disability and remains so in the future. The aim of this study was to detect the impact of a 6-month diet intervention on cardiovascular risk factors in postmenopausal Iranian women. It was a randomized controlled trial that carried out in the East Health Clinic in Ahvaz-Iran. This study started on June 2007 and was completed on May 2008. A total 64 healthy postmenopausal women recruited and randomly assigned to the intervention group (35) and control (29). Over the six months follow-up, the intervention group received five educational sessions (two face to face and three lecture discussion classes with slide demonstration) at the first month. These sessions were about menopause, cardiovascular disease and healthy diet. Every participant in the intervention group received one face to face education session at the $3^{rd}$ month, and also received a telephone call at the end of each month starting with the second month to remain on the diet. Pre-intervention and post-intervention anthropometric measurements, blood pressure, blood lipids and dietary intake were assessed. Data analyzed using the SPSS version 15. Descriptive (means and SD), univariate (paired-t test, Chi-Square and Independent T-test) and multivariate (GLM Repeated Measure) statistics were used. Participants in the diet group had significantly lower weight (-0.9 kg), body mass index (-0.4 $kg/m^2$), and fasting blood sugar (-4.5 mg/dl). The diet group significantly increased their daily intake of fiber (+2.3 g, P=0.05), decreased their intake of sodium (-28 mg, P=0.04), and consumption of fruit and vegetable ${\geq}$ 5 serving a day (80%, P=0.03) compared to the control group. Post menopausal women are at a greater risk for cardiovascular disease. Healthy diet using educational intervention can be an effective means of reducing cardiovascular risk in postmenopausal women.

The fruit of Acanthopanax senticosus Harms improves arterial stiffness and blood pressure: a randomized, placebo-controlled trial

  • Oh, Eunkyoung;Kim, Youjin;Park, Soo-yeon;Lim, Yeni;Shin, Ji-yoon;Kim, Ji Yeon;Kim, Ji-Hyun;Rhee, Moo-Yong;Kwon, Oran
    • Nutrition Research and Practice
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    • 제14권4호
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    • pp.322-333
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    • 2020
  • BACKGROUND/OBJECTIVES: Arterial stiffness and endothelial dysfunction are 2 of the independent predictors for cardiovascular disease, while Acanthopanax senticosus Harms (ASH) is a traditional medicinal plant that can improve cardiovascular health. This study aimed to investigate the efficacy of the fruit of ASH on vascular function in apparently healthy subjects. SUBJECTS/METHODS: A 12-week, randomized, double-blind, placebo-controlled design, consisting of healthy adults with at least 2 of the following 3 conditions: borderline high blood pressure (BP; 120 mmHg ≤ systolic BP ≤ 160 mmHg or 80 mmHg ≤ diastolic BP ≤ 100 mmHg), smoking (≥10 cigarettes/day), and borderline blood lipid levels (220 ≤ total cholesterol ≤ 240, 130 ≤ low density lipoprotein cholesterol ≤ 165, or 150 ≤ triglyceride ≤ 220 mg/dL). Randomly assigned 76 subjects who received a placebo or 2 doses of ASH fruit (low, 500 mg/day; high, 1,000 mg/day) completed the intervention. Brachial-ankle pulse wave velocity (baPWV), flow-mediated dilation, carotid intima-media thickness, and BP were measured both at baseline and following the 12-week intervention. Endothelial nitric oxide synthase (eNOS) phosphorylation was assessed by western blotting. RESULTS: Compared with the placebo group, the low-dose group showed more significant changes after the 12-week intervention period in terms of systolic BP (0.1 vs. -7.7 mmHg; P = 0.044), baPWV (31.3 vs. -98.7 cm/s; P = 0.007), and the ratio of phospho-eNOS/eNOS (0.8 vs. 1.22; P = 0.037). CONCLUSIONS: These results suggest that ASH fruit extract at 500 mg/day has the potential to improve BP and arterial stiffness via endothelial eNOS activation in healthy adults with smoking and the tendency of having elevated BP or blood lipid parameters.

수온과 shelter형태를 달리한 참전복 사육에서 배합사료 및 미역 공급 효과 (Effects of Formulated Diet or Macroalgae ( Undaria pinnatifida) on the Growth and Body Composition of Juvenile Abalone (Haliotis discus hannai) Cultured in Different Water Temperature and Shelter Type)

  • 이상민;박찬선;고태승
    • 한국수산과학회지
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    • 제32권3호
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    • pp.284-289
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    • 1999
  • 수온, 먹이 및 shelter가 참전복에 미치는 효과를 조사하기 위하여 먹이종류 (배합사료, 미역)$\times$shelter 형태 (4종류)$\times$사육수온-(자연수, 가온수)$\times$2반복으로 평균체중 142mg인 참전복을 대상으로 15주간 사육 실험하였다. 생존율은 먹이종류와 사육수온에 따라 차이를 보여 자연수의 미역 공급구들이 대체로 낮은 경향을 보였다 (P<0.05). 증체율은 동일 수온에서 shelter 종류에 관계없이 배합사료 공급구가 현저히 높았으며 (P<0.05), 동일 먹이 공급구내에서는 가온수가 자연수보다 높았는데 특히 배합사료 공급구에서 이러한 차이는 더 현저하였다 (P<0.05). 실험 종료시 가식부의 수분 함량은 먹이와 수온에 따라서는 차이를 보였으나 shelter 종류에 따라서는 차이가 없었다. 단백질 함량은 실험구간에 유의한 차이가 없었으며 (P>0.05), 지질 함량은 자연수에 배합사료 공급구가 미역 공급구보다 전반적으로 높은 경향을 보였다 (P<0.05). 본 실험의 결과로부터 저수온기에 적당히 수온을 상승시킴과 동시에 해조류보다 배합사료를 공급하는 것이 사용 shelter 형태에 관계없이 참전복의 성장을 개선시키고 생존율을 높일 수 있을 것으로 판단된다.

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