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Legal issues on HAI (병원감염에서의 법적쟁점)

  • Lee, Soo kyoung;Yoon, Seok chan
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.133-162
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    • 2019
  • Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

Nitrogen Dynamics in the Soils Incorporated with Single and Mixture Application of Hairy vetch and Barley (헤어리베치와 청보리의 단일 및 혼합처리에 따른 토양 내 질소의 동태)

  • Lim, Woo Sup;Lee, Hyun Ho;Hong, Chang Oh
    • Korean Journal of Environmental Agriculture
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    • v.33 no.4
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    • pp.298-305
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    • 2014
  • BACKGROUND: The utilization of green manures as alternatives to reduce the use of chemical fertilizers is considered a good agricultural practice. Effect of incorporation of green manure to soil on change of inorganic nitrogen (N) is well literatured. However, there have been few studies on examining entire dynamic of N including inorganic N and N gases in soil incorporated with green manure. The objective of this study was to examine the changes of inorganic N and N gases with single and mixture applications of hairy vetch and barley in the soil. METHODS AND RESULTS: Hairy vetch(H) and barley (B) were applied at the mixture ratio of B:H=0:0, B:H=100:0, B:H=0:100, and B:H=50:50 in soil. The soil-green manure mixtures were incubated in the dark at $25^{\circ}C$ for 17 weeks under aerobic conditions. Cumulative emission of $NH_3$ and $N_2O$ from soils amended with mixture of barley and hairy vetch(B:H=50:50) were less than those from amended with mono hairy vetch(B:H=0:100). Incorporation of single hairy vetch or mixture of barley and hair vetch application could significantly increased concentration of plant available N ($NH_4{^+}$) in early stage of plant growth and plant available N ($NO_3{^-}$) in later stage. However, high concentration of $NO_3{^-}$ in soil could cause adverse environmental impact through $NO_3{^-}$ leaching from soil. CONCLUSION: Conclusively, it might be a good soil management practice to incorporate mixture of barely and hairy vetch in the view point of increase in plant available N concentration and decrease in N losses through volatilization, denitrification, and leaching.

The Role of Open Innovation for SME's R&D Success (중소기업 R&D 성공에 있어서 개방형 혁신의 효과에 관한 연구)

  • Yoo, In-Jin;Seo, Bong-Goon;Park, Do-Hyung
    • Journal of Intelligence and Information Systems
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    • v.24 no.3
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    • pp.89-117
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    • 2018
  • The Korean companies are intensifying competition with not only domestic companies but also foreign companies in globalization. In this environment, it is essential activities not only for large companies but also Small and Medium Enterprises (SMEs) to get and develop the core competency. Particularly, SMEs that are inferior to resources of various aspects, such as financial resources etc., can make innovation through effective R&D investment. And then, SMEs can occupy a competency and can be survive at the environment. Conventionally, the method of "self-development" by using only the internal resources of the company has been dominant. Recently, however, R&D method through cooperation, also called "Open Innovation", is emerging. Especially SMEs are relatively short of available internal resources. Therefore, it is necessary to utilize technology and resources through cooperation with external companies(such as joint development or contract development etc.) rather than self-development R&D. In this context, we confirmed the effect of SMEs' factors on sales in Korea. Specifically, the factors that SMEs hold are classified as 'Technical characteristic', 'Company competency', and 'R&D activity' and analyzed how they influence the sales achieved as a result of R&D. The analysis was based on a two-year statistical survey conducted by the Korean government. In addition, we confirmed the influence of the factors on the sales according to the R&D method(Self-Development vs. Open Innovation), and also observed the influence change in 29 industrial categories. The results of the study are summarized as follows: First, regression analysis shows that twelve factors of SMEs have a significant effect on sales. Specifically, 15 factors included in the analysis, 12 factors excluding 3 factors were found to have significant influence. In the technical characteristic, 'imitation period' and 'product life cycle' of the technology were confirmed. In the company competency, 'R&D led person', 'researcher number', 'intellectual property registration status', 'number of R&D attempts', and 'ratio of success to trial' were confirmed. The R&D activity was found to have a significant impact on all included factors. Second, the influence of factors on the R&D method was confirmed, and the change was confirmed in four factors. In addition, these factors were found that have different effects on sales according to the R&D method. Specifically, 'researcher number', 'number of R&D attempts', 'performance compensation system', and 'R&D investment' were found to have significant moderate effects. In other words, the moderating effect of open innovation was confirmed for four factors. Third, on the industrial classification, it is confirmed that different factors have a significant influence on each industrial classification. At this point, it was confirmed that at least one factor, up to nine factors had a significant effect on the sales according to the industrial classification. Furthermore, different moderate effects have been confirmed in the industrial classification and R&D method. In the moderate effect, up to eight significant moderate effects were confirmed according to the industrial classification. In particular, 'R&D investment' and 'performance compensation system' were confirmed to be the most common moderating effect by each 12 times and 11 times in all industrial classification. This study provides the following suggestions: First, it is necessary for SMEs to determine the R&D method in consideration of the characteristics of the technology to be R&D as well as the enterprise competency and the R&D activity. In addition, there is a need to identify and concentrate on the factors that increase sales in R&D decisions, which are mainly affected by the industry classification to which the company belongs. Second, governments that support SMEs' R&D need to provide guidelines that are fit to their situation. It is necessary to differentiate the support for the company considering various factors such as technology and R&D purpose for their effective budget execution. Finally, based on the results of this study, we urge the need to reconsider the effectiveness of existing SME support policies.

The Effects of Transformational Leadership on Helping Behavior and Deviant Behavior - Focuse on the moderating effect of value congruence - (변혁적 리더십이 조직원의 도움행동과 일탈행동에 미치는 영향에 관한 연구 - 가치일치성의 조절효과를 중심으로 -)

  • Jin, Jae-Keun;Chang, Sug-In
    • Management & Information Systems Review
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    • v.38 no.2
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    • pp.183-208
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    • 2019
  • The purpose of this study is to examine the effects of the transformational leadership on helping behaviors and deviant behaviors of organizational members and to verify the control effect of value consistency and to suggest a process for effective business management and human resource management. For this purpose, questionnaires were distributed to employees working in office management, area marketing, and manufacturing industries in Seoul, Gyeonggi and Chungcheong provinces, and the final 334 copies were used for empirical analysis. Data were analyzed using SPSS 18.0, and reliability analysis, factor analysis for validity, correlation analysis, and regression analysis were conducted to verify the research hypothesis. The results of the empirical analysis based on the questionnaire based on the object are as follows. First, charisma of transformational leadership showed negative impact on helping behavior, and intellectual stimulation of transformational leadership and individual care showed positive influence on helping behavior. Second, charisma of transformational leadership showed negative influence on deviant behavior, whereas intellectual stimulation of transformational leadership and sub - constitutional factor of individual care did not show significant influence on deviant behavior. Third, as a result of confirming the moderating role of transformational leadership and helping behavior on the level of value consistency, it showed moderating effects on charisma and individual consideration of transformational leadership. Through this study, we proved the effectiveness of transformative leadership which increases the helping behaviors of the members and reduces the deviant behavior. Based on this, we proposed the necessity of developing managers' transformational leadership improvement program to enhance the sustainability of the organization. And we confirmed the partial influence relationship on the adjustment effect of value consistency. In addition, negative influence of charisma suggests a significant point in the management process design.

A FEM study on stress distribution of tooth-supported and implant-supported overdentures retained by telescopic crowns (텔레스코픽 크라운 임플란트 지지 피개의치와 치아 지지 피개의치의 하악골내 응력분포에 관한 유한요소분석)

  • Paek, Jang-Hyun;Lee, Chang-Gyu;Kim, Tae-Hun;Kim, Min-Jung;Kim, Hyeong-Seob;Kwon, Kung-Rock;Woo, Yi-Hyung
    • The Journal of Korean Academy of Prosthodontics
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    • v.50 no.1
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    • pp.10-20
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    • 2012
  • Purpose: The purpose of this study was to investigate the stress distribution in mandibular implant-supported overdentures and tooth-supported overdentures with telescopic crowns. Materials and methods: The assumption of this study was that there were 2, 3, 4 natural teeth and implants which are located in the second premolar and canine regions in various distributed conditions. The mandible, teeth (or implants and abutments), and connectors are modeled, and analyzed with the commercial software, ANSYS Version 10.1. Stress distribution was evaluated under 150 N vertical load bilaterally on 3 experimental conditions - between canine areas, canine and $2^{nd}$ premolars, 10 mm posterior to $2^{nd}$ premolars. Results: Overall, the case of the implant group showed more stress than the case of the teeth group in stress distribution to bone. In stress distribution to superstructures of tooth and implants, there was no significant difference between TH group and IM group and the highest stress appeared in TH-IV and IM-IV. The stress caused from bar was much higher than those of implant and tooth. TH group showed less stress than IM group in stress distribution to abutment teeth and implant. Conclusion: The results shows that it is crucial to make sure that distance between impact loading point and abutment tooth does not get too far apart, and if it does, it is at best to set abutment tooth on premolar tooth region. It will be necessary to conduct more experiments on effects on implants, natural teeth and bone, in order to apply these results to a clinical treatment.

An Experimental Study on Flow Characteristics for Optimal Spacing Suggestion of 45° Upward Groynes (45° 상향수제의 적정 간격 제시를 위한 흐름특성 실험 연구)

  • Kim, Sung Joong;Kang, Joon Gu;Yeo, Hong Koo
    • Journal of Korea Water Resources Association
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    • v.47 no.5
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    • pp.459-468
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    • 2014
  • Groyne to control the direction and velocity of flow in rivers is generally installed for the purpose of protecting riverbanks or embankments from erosion caused by running water. In particular, as interest in river restoration and natural river improvement increases, groynes are proposed as a key hydraulic structure for local flow control and riparian habitat establishment. Groynes are installed mainly in groups rather than as individual structures. In case of groynes installed as a group, flow around the groynes change according to spacing in between the groynes. Therefore, groyne spacing is regarded as the most important factor in groyne design. This study aimed at examining changes of flows around and within the area of groynes that take place according to the spacing of groynes installed in order to propose the optimal spacing for upward groynes. To examine flow characteristics around groynes, this study looked at flows in main flow area and recirculation flow area separately. In main flow area, it examined the impact of flow velocity increasing as a result of conveyance reduction that is exerted on river bed stability in relation to changes in the maximum flow velocity according to installation spacing. As a factor causing impacts on scouring and sedimentation within the area of groynes, recirculation flow in the groyne area can lead problems concerning flow within the area and stability of embankment. As for recirculation area, an analysis was conducted on the scale of rotational flow and the flow around embankment that exerts impacts on stability of the embankment. In addition, a comparative analysis was carried with reference to changes of the central point of rotational flow that occur within the area of groynes. As a result of compositely examining the results, the appropriate installation spacing is proposed as min. four times-max. six times considering a decrease in flow velocity according to the installation of upward groynes, river bed stability and stability of embankments against counterflow within the area of groynes.

Treatment Strategies for Depression during Pregnancy and Lactation (임신과 수유기 우울증의 치료 전략)

  • Lee, Soyoung Irene;Jung, Han-Yong
    • Korean Journal of Biological Psychiatry
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    • v.14 no.2
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    • pp.91-98
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    • 2007
  • Objectives : Considering the impact of depressive illness on physical and mental health of both mother and fetus, specification of a treatment algorithm for depressive disorder during pregnancy is legitimated. This article provides a systemic review of treatments for depressive disorder during pregnancy and lactation. Methods : According to the search strategy of the Clinical Research Center for Depression of Korean Health 21 R & D Project, PubMed and EMBASE were searched using terms with regard to the treatment of depressive disorders during pregnancy and lactation. Reference lists of related reviews and studies were searched. In addition, relevant practice guidelines were searched using the PubMed. All identified clinical literatures were reviewed and summarized in a narrative manner. Results : Pharmacotherapy during pregnancy and lactation requires a comprehensive assessment of the risks and benefits of treatment for both mother and fetus or neonate. Recently, there is growing evidence that the use of tricyclic and selective serotonin reuptake inhibitors during pregnancy and lactation does not result in increased risks of teratogenicity. Treatment strategies are described according to the point of time of pregnancy or lactation. FDA categories for antidepressants during pregnancy and lactation are described. In addition, issues regarding to the electroconvulsive therapy and psychosocial treatment are discussed. Conclusion : The treatment option for depressive disorders during pregnancy and lactation depends on the severity of depressive illnesses of the individual patient. For mild to moderate depression, the non-pharmacological treatment should be considered first. For moderate to severe depression, pharmacotherapy should be administered in addition to the psychosocial treatment. ECT is recommended for depressive disorder of severe intensity. As the research knowledge is limited, the recommendations should based on the best judgement of psychiatrists.

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A Case Studies on the Success Factors of Innovative SMEs (혁신 형 중소기업의 성공요인에 관한 사례연구)

  • Kim, Jin-Hee;Kim, Dae-Ho;Kim, Hong
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.3 no.2
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    • pp.65-88
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    • 2008
  • To achieve the age of 30,000 dollars GNP, The business with speed will hold a more crucial point than the business with scale, and the mass consumption market will be transformed and changed into the niche market. Moreover, it will not be easy for the company without the peculiar and creative technology to survive in the severe competition. Under these circumstances, The innovative company which knows how to use this new paradigm will select the better position in the changing market. Innovation type SMEs are contributing in maintaining the international competitiveness of domestic economy by serving high-tech and the promotion of employment. Also, Innovation type SMEs have the most important economic leverage in our domestic economy. It's a source of the growth in domestic economy. Therefore, A lot of countries have been trying to support innovation type SMEs (with a small capital and high-tech). And many countries also try to protect and promote the innovation type SMEs. Especially the Korean government is also promoting innovation type SMEs in many ways, because the future of innovation type SMEs are not bright. This study explored the three innovative SEMs and studied 1) entrepreneur characteristics, 2) the industry environment, 3) competitive strategies, and 4) resources and capabilities of organization, which have been considered as the success factors for entrepreneurial firms. This study also holds that the characteristics of entrepreneurs is one of the most important factor to impact the success of innovative SMEs. Most of entrepreneurs have started their business with high education career and field experiences and have high intentions in developing new/high techonologies, challenging spirits, and clear vision and goals. The innovative SMEs with small kinds of products and services, narrow market, and small resources are more sensitively impacted by the environment especially. But the SMEs which entered into market early could have the comparative excellencies in their market to survive and grow in the future. They also have competitive advantages in the market using differentiation strategies by technology innovation. Technology innovation and differention strategies are one of the success factors in SMEs, They entered into the niche market using this weapons. The capabilities of changing organization to their changing environment, the open orgarnization culture, the continuous employment education, and the building the organic organization are also success factors of innovative SMEs. The SMEs with the simple organization structure can make fast decisions and operate with the autonomous and flexible ways. These only three cases will not shown successful factors of over 12,000 Innovation type SMEs in Korea and this study of Innovation type SMEs is insufficient from all aspects. But this study have many implications for the future research and the entrepreneurs ready for their business.

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A Study on Food Service Franchise Location Factors and Quality of Service Factors, The Impact on Customer Satisfaction (외식 프랜차이즈 입지요건과 서비스 품질 요인이 고객만족에 미치는 영향)

  • Kim, Jo In Seog;Cho, Kyu Youn;An, Sang
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.5
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    • pp.77-90
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    • 2016
  • This study is to examine the importance of site selection and service quality in franchise business as food service franchise became one of the fastest-growing service industries today. The chief finding of this study is as follows: First, a survey in locational and service quality factors affecting food service franchise shows that responders are more concerned with hygiene and visibility of the store than proximity and transportation advantages which reflects low statistical significance, thus the distance did not seem to be a big problem for the responders in the context that they mostly visit nearby food franchise. Second, the examination of the influence by the service quality factors and customer satisfaction shows significant positive relation with customer response, speed and accuracy, and accuracy factors which reveals that the responders prefer prompt response and swift judgment toward the customer's needs and expectations, professional knowledge services to the credibility factors in which little correlation with the customer satisfaction were found. Third, the examination of the influence by the service quality factors, locational factors, and re-visit reveals that customer response and specialty showed statistically significant correlation with intention of WOM (Word of Mouth) and revisit, which suggests that swift judgment and response toward the customer's needs and expectations, professional knowledge services is of great importance to both customer satisfaction and revisit. The study on the aspects of locational and service quality factors affecting franchise industry's customer satisfaction was conducted as above, an investigation in both factors' influence on the customer satisfaction was made, and based on the results of the analysis, this research seeks an optimal operation strategy of a franchise business. Food service franchise are relatively very competent to business adminstration and reaction capability to consumption changes due to the already established market, and there are stores springing up everywhere inspired by the founders who are too confident of their success in the franchise business. However, it is necessary for the franchise beginners to figure out a zone oriented, regular customer oriented business strategy than just complying with the head office manual. Owing to an increasing trend of opening medium to large sized stores and investments in the wake of converting to multiple business type Korean food franchise, there is growing need to set up new concept of store development and operational management strategy in order to overcome the excessive competition and limited sales volume of the old-fashioned small sized, small capital franchise stores. Furthermore, as most business category of food service franchise serve very similar menus, from a product differentiation point of view, it is required to map out flexible sales concept including the adoption of competitive and low-price strategy. In conclusion, as is shown in the analytical research, the customers' optimal choice fluctuate over their preferences like customer convenience and circumstances rather than insisting on specific brand, thus it will be necessary for the franchise stores to draw up aggressive strategy and planning in running food service franchise to maximize their profits.

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Effects of Environmental Factors on Growth and Nitrogen Fixation Activity of Autumn Olive (Elaeognus umbellata) Seedlings (보리수나무 유식물의 생장과 질소고정 활성에 대한 환경요인의 영향)

  • 송승달
    • Journal of Plant Biology
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    • v.37 no.3
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    • pp.387-394
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    • 1994
  • Effects of environmental factors of light, temperature, nitrogen sources and water stress were analyzed quantitatively on the nodule formation and nitrogen fixation activity of autumn olive plant (Elaeagnu$ umbellala Thunb.) during the seedling growth. Seedlings showed the maximum nitrogenase activity of $72.5\;\mu\textrm{M}\;C_2H_4{\cdot}g\;fr\;wt\;nodule^{-1}{\cdot}h^{-1}$ in the early nodulation stage. The relative growth rate and T/R ratio changed from $1.60%{\cdot}d^{-1}$ and 1.12 in the earlier stage to $3.75%{\cdot}d^{-1}$ and 2.31 in the later stage, respectively. light conditions of 20-25, 1015 and 4-6% resulted in decreases of 41, 54 and 71% of the nitrogenase activity, respectively. Nodules incubated in 15, 20, 25 and $30^{\circ}C$ showed the activities of 5.4, 24.7, 51.6 and $58.5\;\mu\textrm{M}\;C_2H_4{\cdot}g\;fr\;wt\;nodule^{-1}{\cdot}h^{-1}$ respectively. Pretreatment with low temperature ($15^{\circ}C$) followed incubation at $30^{\circ}C$ attained higher nitrogenase activity ($66.5\;\mu\textrm{M}\;C_2H_4{\cdot}g\;fr\;wt\;nodule^{-1}{\cdot}h^{-1}$) than that with higher temperature ($35^{\circ}C$). The oxygen pressure above 16 kPa is necessary for saturation of the nodule activity, but the activity was inhibited severely by physical impact such as the exision or isolation of nodules from the root. The relative activities of early nodules grown in pH 5.5, 6.5 and 8.0 were 89, 100 and 40% and those grown in 1 and 3 mM of $NO_3\;and\;NH_4$ were 6, 1 and 68, 50%, respectively. Watering levels of 20, 50 and 100 mL during the seedling growth resulted in 35, 120 and 8 mg of nodule formation and 33.6, 58.4 and $8.4\;\mu\textrm{M}\;C_2H_4{\cdot}g\;fr\;wt\;nodule^{-1}{\cdot}h^{-1}$ of the nitrogenase activity, respectively. Water stress with 86% decrease of soil water content caused temporary wilting point of leaf and a complete disappearance of nitrogenase activity of nodules, though the water content and transpiration rate in plant were reduced to 90 and 53%, respectively.tively.

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