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U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

Antioxidant and Anticancer Activities of Extracts from Styela clava According to the Processing Methods and Solvents (가공방법 및 용매에 따른 미더덕 추출물의 항산화 및 항암효과)

  • Kim, Jin-Ju;Kim, Sun-Jung;Kim, Sun-Hee;Park, Hae-Ryong;Lee, Seung-Cheol
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.35 no.3
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    • pp.278-283
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    • 2006
  • Styela clava was processed by four different kinds of method including FR (fresh S. clava), H1 (heat treated S. clava at $110^{\circ}C$ for 15 min) H2 (heat treated S. clava at $120^{\circ}C$ for 5 min), and FD (freeze dried S. clava). Each S. clava sample was treated with methanol, ethanol, acetone, and water, then antioxidant and anticancer activities of the extracts were evaluated. In extracts from non-dried S. clava (FR, H1, and H2), total extract yield decreased with increasing treated temperature. The extraction yield was in the order of ethanol>methanol>water>acetone among treated solvents. In case of dried S. clava (FR), the extraction yield was lower than non-dried samples, and was in the order of methanol>ethanol>water>acetone. The radical scavenging activity (RSA) of non-dried S. clava (FR, H1, and H2) was in the order of acetone>ethanol>methanol and heat treatment also decreased RSA. RSA of FD was the highest in ethanol extract, while acetone and water extracts did not show RSA. When antioxidant activity was determined by reducing power (RD), methanol extract of FR showed the highest values and heat treatment decreased RD, too. RD of FD was in the order of methanol>ethanol>water>acetone. The acetone extracts from FD showed significant anticancer activity against human colon cancer cell line HT-29. These results indicated that extraction yield and properties of extracts from S. clava were dependent on processing temperature, solvent and/or physicochemical state. The appropriate extraction process should provide some valuable bioactive materials from S. clava.

Geochemical Characteristics of the Gyeongju LILW Repository II. Rock and Mineral (중.저준위 방사성폐기물 처분부지의 지구화학 특성 II. 암석 및 광물)

  • Kim, Geon-Young;Koh, Yong-Kwon;Choi, Byoung-Young;Shin, Seon-Ho;Kim, Doo-Haeng
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.6 no.4
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    • pp.307-327
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    • 2008
  • Geochemical study on the rocks and minerals of the Gyeongju low and intermediate level waste repository was carried out in order to provide geochemical data for the safety assessment and geochemical modeling. Polarized microscopy, X-ray diffraction method, chemical analysis for the major and trace elements, scanning electron microscopy(SEM), and stable isotope analysis were applied. Fracture zones are locally developed with various degrees of alteration in the study area. The study area is mainly composed of granodiorite and diorite and their relation is gradational in the field. However, they could be easily distinguished by their chemical property. The granodiorite showed higher $SiO_2$ content and lower MgO and $Fe_2O_3$ contents than the diorite. Variation trends of the major elements of the granodiorite and diorite were plotted on the same line according to the increase of $SiO_2$ content suggesting that they were differentiated from the same magma. Spatial distribution of the various elements showed that the diorite region had lower $SiO_2,\;Al_2O_3,\;Na_2O\;and\;K_2O$ contents, and higher CaO, $Fe_2O_3$ contents than the granodiorite region. Especially, because the differences in the CaO and $Na_2O$ distribution were most distinct and their trends were reciprocal, the chemical variation of the plagioclase of the granitic rocks was the main parameter of the chemical variation of the host rocks in the study area. Identified fracture-filling minerals from the drill core were montmorillonite, zeolite minerals, chlorite, illite, calcite and pyrite. Especially pyrite and laumontite, which are known as indicating minerals of hydrothermal alteration, were widely distributed in the study area indicating that the study area was affected by mineralization and/or hydrothermal alteration. Sulfur isotope analysis for the pyrite and oxygen-hydrogen stable isotope analysis for the clay minerals indicated that they were originated from the magma. Therefore, it is considered that the fracture-filling minerals from the study area were affected by the hydrothermal solution as well as the simply water-rock interaction.

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Properties of Chestnut Starch and It's Gel (밤 전분 및 전분겔의 성질에 관한 연구)

  • Choo, Nan-Young;Ahn, Seung-Yo
    • Korean Journal of Food Science and Technology
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    • v.27 no.6
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    • pp.1017-1027
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    • 1995
  • This study was attempted to investigate physicochemical properties, molecular structural properties of native and acid-treated chestnut starch and chestnut starch gel. The amylose content was 18.9% and X-ray diffraction pattern showed Cb type. Swelling power was increased abruptly in the range of $65^{\circ}C{\sim}75^{\circ}C$ but increased slowly after that and solubility was increased abruptly until $70^{\circ}C$ but increased slowly after that. In amylograms which have different heating temperatures, cooling viscosity at $50^{\circ}C$ was reduced as heating temperature was increased. In molecular structural properties of amylose, ${\lambda}_{max}$ was 640 nm, ${\beta}-amylolysis$ limit was 84.2% and the degree of polymerization was 951 and in those of amylopectin, ${\lambda}_{max}$ was 570 nm, ${\beta}-amylolysis$ limit was 58.2%, the degree of polymerization was 1371 and average chain length was 22.6. In gel chromatography elution profiles of starch and amylose, 4.0% and 11.5% of low molecular weight-molecules($<5{\times}10^5$) were leached out. In gel chromatography elution profiles of soluble starch, the higher heating temperature was, the more high molecular weight-starches were leached out. The elution profiles after debranching amylopectin with pullulanase showed 2.2 of the ratio of peakIII(DP 10-15) to peakII(DP 35-45). Acid hydrolysis extent of 2.2 N HCI-treated starch at $35^{\circ}C$ for 10 days was 96% and hydrolysis rate showed two step pattern which had border line at 4 days. In elution profiles of acid treated chestnut starch, amylopectin peak was disappeared compeletly after 6 hrs and converted short chains of DP 10-15. Amylose content was increased until 6 hrs but decreased after that. Hardness of starch gel made at $75^{\circ}C$ of heating temperature and cohesiveness of starch gel made at $85^{\circ}C$ of heating temperature were the highest. Retrogradation rate of starch gels were relatively high, especially for the starch gel made at $75^{\circ}C$ of heating temperature.

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Psychological Make-up of Korean Green Consumerism: A Path Model Analysis (한국록색소비심리구성(韩国绿色消费心理构成):일개로경분석모형(一个路径分析模型))

  • Kim, Joo-Ho;Kim, Yeon-Shin
    • Journal of Global Scholars of Marketing Science
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    • v.20 no.3
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    • pp.249-261
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    • 2010
  • As consumers' concern for the environment has continued to increase, many firms have actively engaged in environmental marketing to achieve their objectives. However, consumers' high concerns about the environment are not always reflected in their purchasing behavior. This indicates the need for an in-depth understanding of the development of green consumption within the individual's belief system. In consideration of psychological approaches, a large body of research has examined the factors underlying ecologically conscious "green" consumer behavior and the interrelationships of these factors. However, most previous studies have concentrated on Western countries. Using a sample of Korean consumers, this study attempts to understand the basis of Korean green consumerism and find universal values that are cross-culturally important in guiding consumers' environmental attitudes and behaviors. To this end, this study relates Schwartz's 10 universal values (Schwartz 1992) to environmental behaviors in a hierarchical model of value-attitude-behavior. With reference to the value-attitude-behavior framework, the conceptual model developed for the study explains what motivations can be manifested in Korean consumers' environmental attitudes, and subsequently how the attitudes affect their green choices. Using the pattern of relationships among values that can be related to environmentalism, the first hypothesis holds that there would be particular relationships between motivational value types and environmental attitudes. Hypothesis 2 assumes that environmental attitudes predict environmental behaviors. On the basis of the claim that favorable attitudes toward the environment may be expressed in many different behaviors, the assumption is that consumers' favorable attitudes toward the environment would be linked to a variety of environmental behaviors because people with high environmental attitudes can be more interested in and knowledgeable about environmental actions. Consistent with H2, H3 hypothesizes that there would be a positive relationship between different types of environmental behavior. A total of 564 university students participated in the study. The sample included 308 men, 254 women, and two participants who did not indicate their gender. The average age of the participants was 22.5 years, with a range of 19 to 39. Regarding majors, special efforts were made to draw the participants from different departments of the university. Data were collected by a survey administered via self-completion questionnaires., which assessed the participants' value priorities, environmental attitudes, and behaviors. Path analysis conducted to test the proposed model found the overall fit to be ${\chi}^2$=72.01 (p=0.00), GFI=0.983, CFI=0.982, NFI=0.970, RMR=0.070, and REMSEA=0.050. Thus, most of the fit measures indicated a good fit of the model with the data, and a hierarchical relationship from values to environmental attitudes to environmental non-purchasing behavior to environmental purchasing behavior was confirmed. An assessment of all the predicted paths by path coefficients led to several major hypothesized effects being confirmed. Out of the ten value types, universalism and power were significantly but conversely related to environmental attitudes. In line with the other studies, these findings confirm that environmental attitudes are an important factor in leading to a variety of green behaviors. Finally, significant relationships were found between environmental purchasing and non-purchasing behaviors. The path analysis supported the idea that universalism values provide a motivation for Korean consumers' greenness and indirectly promote environmental acts through favorable attitudes toward the environment. Participants with high environmental attitudes were found to actively engage in diverse forms of green consumer behavior. This research provides an opportunity to examine cross-cultural differences with respect to values leading to environmentalism, and, further, to verify previous findings. The study also examined the attitude-behavior relationship with respect to three distinct types of environmental behaviors. The different strengths of paths between green attitudes and behaviors suggest that researchers should consider the specificity of behavior explained as an effort to improve the low attitude-behavior correlation. Finally, the findings here illustrate that with increased environmental concerns among people, they come to include more such behaviors in their green portfolios.

A Comparative Considerations of the Moat at the East and West (동.서양 해자(垓字)의 비교 고찰)

  • Jung, Yong-Jo;Park, Joo-Sung;Sim, Woo-Kyung
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.29-38
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    • 2010
  • A moat is a pond or waterway paved on the outside of a fortress that is one of the facilities to prevent enemy from approaching the fortress wall or classify it as the boundary space, and this study was undertaken to find out the characteristics of the moat that was existed in the East and the West from ancient time to medieval time with the following result. First, the moat in the East was installed of natural moat and artificial moat at the same time while the moat in the West had the fortress built in naturally advantageous site to use natural most substantially more. Second, the moats of Korea were smaller in scale compared to other countries (Japan, China and the Western countries). Third, the fortresses in the East were built to protect towns or royal palace while the West had the fortress to protect the residence of kings, lords, great wealthy persons and the like, and they were used jointly with the natural moat and artificial moat to defend against the infiltration of enemy. Fourth, the Pungsujiri in the Orient is one of the numerous ideologies forming the supplementary ideologic system of Korean people that could not be denied as the perception that influences on Korean people after the Silla Dynasty, and this Pungsujiri was considered when determining the location of the castle. The moat surrounding the castle had the role to keep the good energy in the castle from escaping away. Fifth, the Ha-Ha technique in the west was designed to prevent the external power from infiltration by digging the ditch on the place applicable to the boundary of the garden site, rather than the fence. While walking around along the water-side path without knowing the existence of this ditch, when the road is discovered with the cut off in the ditch, people had the exclamation without actually recognizing such astonishment. It was originally the dike for military purpose during the medieval time that was designed to look into the garden without physical boundary surrounded with the vertical fence in the garden that by having the deep ditch like shape on the boundary line of the garden which was designed to form the farm by preventing various types of cattle from coming inside the garden and bring in the garden element for farms, forestry, agricultural land and the like.

A Study for strategic cooperaton of enterprise security and business (기업보안과 비즈니스의 전략적 협력에 관한 연구)

  • Ryu, Hyung-Chang
    • Korean Security Journal
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    • no.28
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    • pp.103-130
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    • 2011
  • This study is the research of enterprise security for raising the profitability and stability of Korean companies in global business environment and strategic cooperation of business. As the scientific technology gets complicated as day goes by and new competitors appear regardless the border in the modern business environment, the situation happens frequently which the huge company hands over their market to the new one armed with the innovative thinking overnight. To survive such new environment, the answer is the change of paradigm regarding business management method at the new point of view. With the low level of security risk management of Korean companies which stick to old habit, the security management which helps the companies secure profits is not affordable. The global village where the population of 7 billions live in 21st century is facing up to the rapid ecological adaptation. The rapid change of climatic environment creates the hundreds of thousands of sufferers in a moment, and we have been watching the millions of livestock are buried alive due to new contagious disease everyday. Such change encourages the humans in global village to change the basic way of living. The business ecosystem which is the basic root for economic life cannot be an exception. To survive the business environment of 21st century, the security risk management at management level is required and the reporting line of companies should be established newly for raising business competing power through security risk management. The companies should bear in mind that they can be disappeared into our old memories overnight if they are not sensitive to the changing environment. Out of new risks for the modern companies, the field especially Korean companies are dealing easily is the security risk. Not like past, the security risk which's size is much more massive and its propagation velocity is very fast is the one of important business risks which the management should take care. Out of security risks which influence on the modern companies significantly, the brand of companies, protection of their reputation, continuity of production and operation and keeping customer's trust are prior to the others. This study offered the suggestion regarding enterprise security and the strategic cooperation of business to deal with such security risk effectively.

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A New Six-rowed and Covered Barley Cultivar, "Hyedang" with Lodging Tolerance and High-Yield (내도복 다수성 겉보리 신품종 "혜당")

  • Kim, Yang-Kil;Baek, Seong-Bum;Kim, Jung-Gon;Lee, Mi-Ja;Kim, Mi-Jung;Kim, Hong-Sik;Park, Jong-Chul;Hyun, Jong-Nae;Suh, Sae-Jung;Kim, Si-Ju;Kim, Jae-Chul;Jeung, Jai-Hyun;Choi, Jae-Seong
    • Korean Journal of Breeding Science
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    • v.41 no.4
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    • pp.630-634
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    • 2009
  • "Hyedang", a new covered cultivar derived from the crosses between "Suwon300" and "Haganemugi//CI08397/Haganemugi" developed at the Honam Agricultural Research Institute (HARI), NICS, RDA in 2007. The origin of "Hyedang" is "Iksan 407" (SB951033-B-B-B-72). The initial cross was made in 1995 and the selected line showed a high yield and good quality characteristics under yield trial test in 2004. "Iksan407" consistently performed well for three years (2005-2007) from the four locations of regional yield trial (RYT) in Korea and released as "Hyedang". The characteristics of "Hyedang" were the following: rate III growth habit, green leaf and stem, compact spike and with long rough awns. The heading date was April 25 in upland and April 17 in paddy field, which was 2 and 3 days earlier than that of check cultivar, "Olbori". The culm length was 80 cm which was 8 cm shorter than those of check cultivar. It showed spike length of 4.3 cm and 696 spikes per $m^2$, 51 grains per spike, 35.0 g of 1,000 grain weight and 704 g of test weight. It showed stronger winter hardiness and higher resistance to barley yellow mosaic virus (BaYMV) than those with check cultivar. It showed similar protein content and higher whiteness than those of the check cultivar and diastatic power was higher than that of Olbori. The average yield of the pearled grain in the RYT was $4.17ton\;ha^{-1}$ in upland and $4.27ton\;ha^{-1}$ in paddy field, which was 23% and 9% higher than that of the check cultivar, respectively. This cultivar would be suitable for the area above the daily minimum mean temperature of $-8^{\circ}C$ in January in Korean peninsula.

A New Malting Barley Variety, "Daho" with High Yielding and BaYMV Resistance (맥주보리 호위축병저항성 및 다수성 "다호")

  • Hyun, Jong-Nae;Kim, Mi-Jung;Kim, Yang-Kil;Lee, Mi-Ja;Choi, Jae-Sung;Kim, Hyun-Tae;Han, Sang-Ik;Ko, Jong-Min;Lim, Sea-Gyu;Park, Jong-Chul;Kim, Jung-Gon;Suh, Sae-Jung;Kim, Dae-Ho;Kang, Sung-Ju;Kim, Sung-Taeg
    • Korean Journal of Breeding Science
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    • v.41 no.3
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    • pp.333-337
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    • 2009
  • A new malting barley variety, "Daho", was developed from the cross between "Milyang85 and Suwon335" at the Department of Rice and Winter Cereal Crop (DRWCC) NICS, in 2007. An elite line, YMB2064-B-8-2-4-1-1, was selected in 2004 and designated as "Milyang134". It showed good agronomic performance in the regional adaptation yield trials (RYT) from 2005 to 2007 and was released with the name of "Daho", having high yielding and BaYMV resistance. The average heading and maturing dates of "Daho" were April 19 and May 27, which were 2 days later and 1 day earlier than those of "Jinyang", leading variety, at the regional adaptation yield trials (RYT), respectively. "Daho" had longer culm length (84 cm), more spikes per $m^2$ (915) and higher 1,000 grain weight (39.2 g) than those of "Jinyang" in paddy field condition. "Daho" was showed resistance to BaYMV at the regions of Naju, Jinju, and Milyang but moderately resistance at Iksan. However, the response of "Daho" to other environmental stresses was similar to "Jinyang". The yields of "Daho" at upland and paddy fields were about 5.20 MT/ha, 4.81 MT/ha, respectively, which is about 38%, 25% higher than those of "Jinyang" in the regional adaptation yield trials (RYT), respectively. It has higher grain assortment, germination capacity, water sensitivity and Kolback index but lower malt extract, diastatic power and filtration speed than those of "Jinyang".

Physicochemical characteristics and physiological activities of mixture extracts from Liriope platyphylla, Schizandra chinensis, and Panax ginseng C.A. Meyer (맥문동, 오미자 및 인삼 혼합추출물의 이화학적 특성 및 생리활성)

  • Gu, Yul-Ri;Hong, Joo-Heon
    • Food Science and Preservation
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    • v.24 no.3
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    • pp.431-439
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    • 2017
  • This study was conducted to examine the antioxidant activities and physiological activities of mixture extracts (Liriope platyphylla, Schizandra chinensis and Panax ginseng C.A. Meyer) with different extraction mixing ratios (MEC, 2:1:1; ME1, 1:2:1; ME2, 1:1:2; ME3, 1.34:1.33:1.33). The yield of extracts ranged from 25.33 to 33.87%. The total polyphenol and total flavonoid contents of ME1 extracts were 1.01 g/100 g, 0.07 g/100 g, respectively. The total sugar contents of MEC extract was 22.83 g/100 g, respectively. The DPPH and ABTS radical scavenging activities of ME1 extracts at $1,000{\mu}g/mL$ were 26.79% and 21.08%. The superoxide radical scavenging and ferric-reducing antioxidant power of ME1 extracts at $1,000{\mu}g/mL$ were 67.83% and $295.47{\mu}M$, respectively. The functionalities of extracts were investigated with L-132 and RAW264.7 cell lines. The extracts on different mixing ratios did not show the toxicity on L-132 and RAW264.7 cell line in $100-2,500{\mu}g/mL$. The ME1 extract of $1,000{\mu}g/mL$ performed better than other extracts protective effects against oxidative stess in L-132 cells (81.22%) and the ME2 extract at $1,000{\mu}g/mL$ decreased nitric oxide production by $7.48{\mu}M$ which was more potent than other extracts. There results suggest that the ME1 extracts may be a useful functional food material in the food industry.