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A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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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.

A Study on Greenspace Planning Strategies for Thermal Comfort and Energy Savings (열쾌적성과 에너지절약을 위한 녹지계획 전략 연구)

  • Jo, Hyun-Kil;Ahn, Tae-Won
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.3
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    • pp.23-32
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    • 2010
  • The purpose of this study is to quantify human energy budgets for different structures of outdoor spatial surfaces affecting thermal comfort, to analyze the impacts of tree shading on building energy savings, and to suggest desirable strategies of urban greenspace planning concerned. Concrete paving and grass spaces without tree shading and compacted-sand spaces with tree shading were selected to reflect archetypal compositional types for outdoor spatial materials. The study then estimated human energy budgets in static activity for the 3 space types. Major determinants of energy budgets were the presence of shading and also the albedo and temperature of base surfaces. The energy budgets for concrete paving and grass spaces without tree shading were $284\;W/m^2$ and $226\;W/m^2$, respectively, and these space types were considerably poor in thermal comfort. Therefore, it is desirable to construct outdoor resting spaces with evapotranspirational shade trees and natural materials for the base plane. Building energy savings from tree shading for the case of Daegu in the southern region were quantified using computer modeling programs and compared with a previous study for Chuncheon in the middle region. Shade trees planted to the west of a building were most effective for annual savings of heating and cooling energy. Plantings of shade trees in the south should be avoided, because they increased heating energy use with cooling energy savings low in both climate regions. A large shade tree in the west and east saved cooling energy by 1~2% across building types and regions. Based on previous studies and these results, some strategies including indicators for urban greenspace planning were suggested to improve thermal comfort of outdoor spaces and to save energy use in indoor spaces. These included thermal comfort in construction materials for outdoor spaces, building energy savings through shading, evapotranspiration and windspeed mitigation by greenspaces, and greenspace areas and volume for air-temperature reductions. In addition, this study explored the application of the strategies to greenspace-related regulations to ensure their effectiveness.

The Legal Study of Prohibited Items on Aeroplane for the Aircraft Safety and Security (항공안전보장.질서유지를 위한 항공기반입금지 물품 관리.감독에 관한 입법적 개선방안)

  • Chang, In-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.33-66
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    • 2014
  • While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

A Study on the Characteristics and Model of Lotus Pond in Joseon Royal Tombs (조선왕릉 연지(蓮池)의 특성과 전형)

  • Ko, Seung-Kwan;Koo, Bon-Hak;Choi, Jong-Hee
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.3
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    • pp.116-123
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    • 2011
  • This study investigates the characteristics(form, material, structure, method of construction, vegetation) and model of lotus pond in Joseon Royal Tombs for conservation and restoration. The objects of study are the lotus pond of Namyangju Gwangreung, Hyoreung, Gimpo Jangreung and Sungreung that are well-preserved and the record is remaining. The form is two plane types, square shaped include an island and square shaped. The pond is 7.5~81m in width and 6.5~45m in length and the island is 8~16m in diameter. The depth of water is 0.5~1.2m and the cross section form is narrow bottom and wide top. The material of shore protection is soil in Hyoreung, Gimpo Jangreung and Sungreung. The bottom is mud in all sites. I think that the main material of the lotus pond in Joseon Royal Tombs is soil. The lotus pond is built by soil bank in the structure and method of construction. The water supply and drainage are worked through the culvert. There are many kinds of plants in the lotus pond today, however I think that the model of vegetation of lotus pond in Joseon Royal Tombs is lotus the inside, pine tree, fir tree and flowers the around and pine tree the inside of island in compared the present and the old literature. In comparison with the lotus pond in Joseon Royal Tombs and the lotus pond in the Joseon palace, the material is the biggest difference. The main material is soil in Royal Tombs but isodomic in Royal Palace. I think that the difference of material in between two causes the difference of structure and method of construction. The Royal Tombs is valuable in architecture, landscape and esthetics, this study investigated the characteristics and model of lotus pond in Joseon Royal Tombs. I think that this study serves as a momentum to find a traditional technique in Royal water space and offer the foundation to plan in the contemporary water space.

Two Anhydrous Zeolite X Crystal Structures, $Ca_{18}Tl_{56}Si_{100}Al_{92}O_{384}\;and\;Ca_{32}Tl_{28}Si_{100}Al_{92}O_{384}$ (제올라이트 X의 두 개의 무수물 $Ca_{18}Tl_{56}Si_{100}Al_{92}O_{384}$$Ca_{32}Tl_{28}Si_{100}Al_{92}O_{384}$의 결정구조)

  • Choi, Eun Young;Kim, Yang
    • Journal of the Korean Chemical Society
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    • v.43 no.4
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    • pp.384-385
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    • 1999
  • Two anhydrous crystal structures of fully dehydrated, $Ca^{2+}$- and $Tl^+$-exchanged zeolite X, TEX>$Ca_{18}Tl_{56}Si_{100}Al_{92}O_{384}($Ca_{18}Tl_{56}$-X;\alpha=24.883(4)\AA)$ and TEX>$Ca_{32}Tl_{28}Si_{100}Al_{92}O_{384}($Ca_{32}Tl_{28}$-X;\alpha=24.973(4)\AA)$ per unit cell, have been determined by single-crystal X-ray diffraction techniques in the cubic space group Fd3 at $21(1)^{\circ}C.$ $Ca_{18}Tl_{56}-X$ was prepared by ion exchange in a flowing stream of 0.045 M aqueous $Ca(NO_3)_2$ and 0.005 M $TlNO_3$. $Ca_{32}Tl_{28}-X$ was prepared similarly using a mixed solution of 0.0495 M $Ca(NO_3)_2$ and 0.0005M $TlNO_3$. Each crystal was then dehydrated at 360 $^{\circ}C$ and $2{\times}10^{-6}$ Torr for 2 days. Their structures were refined to the final error indices, $R_1=0.039\;and\;R_2=0.036$ with 382 reflections for $Ca_{18}Tl_{56}-X$ , and $R_1=0.046\;and\;R_2=0.045$ with 472 reflections for $Ca_{32}Tl_{28}$-X for which $/>3\sigma(I).$ In the structures of dehydrated $Ca_{18}Tl_{56^-}X\;and\;Ca_{32}Tl_{28}$-X, $Ca^{2+}\;and\;Tl^+$ ions are located at six crystallographic sites. Sixteen $Ca^{2+}$ ions fill the octahedral sites I at the centers of double six rings ($Ca_{18}Tl_{56}$-X:Ca-O=2.42(1) and O-Ca-O=93.06(4)$^{\circ}$; $Ca_{32}Tl_{28}$-X Ca-O=2.40(1) $\AA$ and O-Ca-O=93.08(3)$^{\circ}$). In the structure of $Ca_{18}Tl_{56}$-X, another two $Ca^{2+}$ ions occupy site II (Ca-O=2.35(2) $\AA$ and O-Ca-O=111.69(2)$^{\circ}$) and twenty six $Tl^+$ ions occupy site II opposite single six-rings in the supercage; each is 1.493 $\AA$ from the plane of three oxygens $(Tl-O=2.70(8)\AA$ and O-Tl-O=92.33(4)$^{\circ}$). About four $Tl^+$ ions are found at site II',1.695 $\AA$ into sodalite cavity from their three oxygen plane (Tl-O=2.81 (1) and O-Tl-O=87.48(3)). The remaining twenty six $Tl^+$ ions are distributed over site III'(Tl-O=2.82 (1) $\AA$ and Tl-O=2.88(3)$^{\circ}$). In the structure of $Ca_{32}Tl_{28}$-X, sixteen $Ca^{2+}$ ions and fifteen $Tl^+$ ions occupy site III' (Ca-O=2.26(1) $\AA$ and O-Ca-O=119.14(4)$^{\circ}$; Tl-O=2.70(1) $\AA$ and O-Tl-O=92.38$^{\circ}$) and one $Tl^+$ ion occupies site II'. The remaining twelve $Tl^+$ ions are distributed over site III'. It appears that $Ca^{2+}$ ions prefer sites I and II in that order and $Tl^+$ ions occupy the remaining sites.

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Scapular Free Flap (유리 견갑 피판 이식술)

  • Chung, Duke-Whan;Han, Chung-Soo;Yim, Chang-Moo
    • Archives of Reconstructive Microsurgery
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    • v.5 no.1
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    • pp.24-34
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    • 1996
  • There are many kinds of free flaps for management of extensive soft tissue defect of extremities in orthopaedic field. Free vascularized scapular flap is one of the most useful and relatively easy to application. This flap has been utilize clinically from early eighties by many microsurgical pioneers. Authors performed 102 cases of this flap from 1984 to 1995. We have to consider about the surgical anatomy of the flap, technique of the donor harvesting procedures, vascular varieties and anatomical abnormalities and success rate and the weak points of the procedure. This flap nourished by cutaneous branches from circumflex scapular vessels emerges from the lateral aspect of the subscapular artery 2.5-5cm from its lateral origin passing through the triangular space(bounded by subscapularis, teres minor, teres major, long head of triceps). The terminal cutaneous branch runs posteriorly around the lateral border of the scapular and divided into two major branches, those transeverse horizontally and obliquely to the fascial plane of overlying skin of the scapular body. We can utilize these arteries for scapular and parascapular flap. The vascular pedicle ranged from 5 to 10 cm long depends on the dissection, usually two venae comitantes accompanied circumflex scapular artery and its major branches. The diameter of the circumflex scapular artery is more than 1mm in adult, rare vascular variation. Surgical techniques : The scapular flap can be dissected conveniently with prone or lateral decubitus position, prone position is more easier in my experience. There are two kinds of surgical approaches, most of the surgeon prefer elevation of the flap from its outer border towards its base which known easier and quicker, but I prefer elevation of the flap from its outer border because of the lowering the possibilities of damage to vasculature in the flap itself which runs just underneath the subcutaneous tissue of the flap and provide more quicker elevation of the flap with blunt finger dissection after secure pedicle dissection and confirmed the course from the base of the pedicle. There are minimal donor site morbidity with direct skin closure if the flap size is not so larger than 10cm width. This flap has versatility in the design of the flap shape and size, if we need more longer and larger one, we can use parascapular flap or both. Even more, the flap can be used with latissimus dorsi musculocutaneous flap and serratus anterior flap which have common vascular pedicle from subscapular artery, some instance can combined with osteocutaneous flap if we include the lateral border of the scapular bone or parts of the ribs with serratus anterior. The most important shortcoming of the scapular free flap is non sensating, there are no reasonable sensory nerves to the flap to anastomose with recipient site nerve. Results : Among our 102 cases, overall success rate was 89%, most of the causes of the failure was recipient site vascular problems such as damaged recipient arterial conditions, and there were two cases of vascular anomalies in our series. Patients ages from 3 years old to 62 years old. Six cases of combined flap with latissimus dorsi, 4 cases of osteocutaneous flap for bone reconstruction, 62 parascapular flap was performed - we prefer parascapular flap to scapular. Statistical analysis of the size of the flap has less meaningful because of the flap has great versatility in size. In the length of the pedicle depends on the recipient site condition, we can adjust the pedicle length. The longest vascular pedicle was 14 cm in length from the axillary artery to the enter point cutaneous tissue. In conclusion, scapular free flap is one of the most useful modalities to manage the large intractable soft tissue defect. It has almost constant vascular pedicle with rare anatomical variation, easy to dissect great versatility in size and shape, low donor morbidity, thin and hairless skin.

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Two Crystal Structures of Bromine Sorption Complexes of Vacuum Dehydrsted Fully Cd(II) -Exchanged Zeolite A (카드뮴 이온으로 완전히 치환된 제올라이트 A를 진공 탈수한 후 브롬 증기로 흡착한 두개의 결정구조)

  • 고광락;장세복
    • Korean Journal of Crystallography
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    • v.3 no.1
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    • pp.9-22
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    • 1992
  • Two crystal structures of bromine sorption complexes of vacuum dehydrated Cd(ll)-exchanged zeolite A have been determined by single-crystal xray diffraction techniques in the cubic space group Pm3m at 21(1) ℃. Both crystals were ion exchanged in flowing streams of exchange solution In which mole ratio of Cd(NO3)2 and Cd(OOCCH3)B was 1:1 with a total concentration of 0.05 M. First crystal was dehydrated at 450℃ and 2 ×10-6 Torr for two days. Second crystal was dehydrated at 650℃ and 2 ×10-6 Torr for two days. Both crystals were then treated with 160 Torr for two days. Second crystal was dehydrated at 650℃ and 2 × 10-6 Torr for two days. Both crystals were then treated with 160 Torr of zeolitically dried bromine vapor at 24℃. Full-matrix least-squares refinements of toe first crystal(a: 12.250(1) A )· and the second crystal(a: 12.204(2) A ) have contecoed to final error indices, Rl:0.075 and Ra:0.079 with 212 reflections, and Rl : 0.089 and Ra = 0.078 with 128 reflections, respectively, for which I >3σ(I). Crystallographic analyses of both crystals show that six Cd2+ ions are located on two different threefold axes of unit cell associated with 6-ring oxygens. Each 4.5 Cd2+ ion is recessed ca.0. 441 A Into the large cavity to complex either with Brsor with Br3from the (111) plane of 0(3), whereas each 1.5 Cd2+ ions recessed ca. 0.678 A into we sodalite unit. Approximately 1.5 Br5-and 1.5 Br3-ions are sorbed per unit cell. Each Brsion interacts and stabilized by complexing with two Cd2+ ions and framework oxide ions, while each Br3ion interacts with one Cd2+ ion and framework oxide ions. Because of residual water molecules the following reactions may be occurred inside of zeolite cavity:

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Somatotopic Mapping of the Supplementary Motor Area (부운동영역의 뇌지도화)

  • Han Young Min;Jeong Su-Hyun;Lee Heon;Jin Gong Yong;Lee Sang Yong;Chung Gyung Ho
    • Investigative Magnetic Resonance Imaging
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    • v.8 no.1
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    • pp.9-16
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    • 2004
  • Purpose : The purpose of this study was to assess supplementary motor area (SMA) activation during motor, sensory, word generation, listening comprehension, and working memory tasks using functional magnetic resonance imaging (fMRI). Materials and Methods : Sixteen healthy right-handed subjects (9M, 7F) were imaged on a Siemens 1.5T scanner. Whole brain functional maps were acquired using BOLD EPI sequences in the axial plane. Each paradigm consisted of five epochs of activation vs. the control condition. The activation tasks consisted of left finger complex movement, hot sensory stimulation of the left hand, word generation, listening comprehension, and working memory. The reference function was a boxcar waveform. Activation maps were thresholded at an uncorrected p=0.0001. The thresholded activation maps were placed into MNI space and the anatomic localization of activation within the SMA was compared across tasks. Results : SMA activation was observed in 16 volunteers for the motor task, 11 for the sensory task, 15 for the word generation task, 5 for the listening comprehension task, and 15 for the working memory task. The rostral aspects of the SMA showed activity during the word generation and working memory tasks, and the caudal aspects of the SMA showed activity during the motor and sensory tasks. Right (contralateral) SMA activation was observed during the motor and sensory tasks, and left SMA activation during the word generation and memory tasks. Conclusion : Our results suggest that SMA is involved in a variety of functional tasks including motor, sensory, word generation, and working memory. The results obtained also support the notion that functionally specific subregions exist within the region classically defined as the SMA.

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Crystal Structures of Fully Dehydrated $Ca^{2+}$-Exchanged Zeolite X, $Ca_{46}-X$, and $Ca^{2+}$ and $K^+$-Exchanged Zeolite X, $Ca_{32}K_{28}-X$ ($Ca^{2+}$ 이온으로 완전히 치환된 제올라이트 X, $Ca_{46}-X$$Ca^{2+}$ 이온과 $K^+$ 이온으로 치환된 제올라이트 X, $Ca_{32}K_{28}-X$를 완전히 진공 탈수한 결정구조)

  • Jang, Se Bok;Song, Seong Hwan;Kim, Yang
    • Journal of the Korean Chemical Society
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    • v.39 no.1
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    • pp.7-13
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    • 1995
  • The crystal sructures of $X(Ca_{46}Al_{92}Si_{100}O_{384})$ and $Ca_{32}K_{28}-X(Ca_{32}K_{28}Al_{92}Si_{100}O_{384})$ dehydrated at $360^{\circ}C$ and $2{\times}10^{-6}$ Torr have been determined by single-crystal X-ray diffraction techniques in the cubic space group Fd3 at $21(1)^{\circ}C.$ Their structures were refined to the final error indices, R_1=0.096,\;and\;R_2=0.068$ with 166 reflections, and R_1=0.078\;and\;R_2=0.056$ with 130 reflections, respectively, for which I > $3\sigma(I).$ In dehydrated $Ca_{48}-X,\;Ca^{2+}$ ions are located at two different sites opf high occupancies. Sixteen $Ca^{2+}$ ions are located at site I, the centers of the double six rings $(Ca(1)-O(3)=2.51(2)\AA$ and thirty $Ca^{2+}$ ions are located at site II, the six-membered ring faces of sodalite units in the supercage. Latter $Ca^{2+}$ ions are recessed $0.44\AA$ into the supercage from the three O(2) oxygen plane (Ca(2)-O(2)= $2.24(2)\AA$ and $O(2)-Ca(2)-O(2)=119(l)^{\circ}).$ In the structure of $Ca_{32}K_{28}-X$, all $Ca^{2+}$ ions and $K^+$ ions are located at the four different crystallographic sites: 16 $Ca^{2+}$ ions are located in the centers of the double six rings, another sixteen $Ca^{2+}$ ions and sixteen $K^+$ ions are located at the site II in the supercage. These $Ca^{2+}$ ions adn $K^+$ ions are recessed $0.56\AA$ and $1.54\AA$, respectively, into the supercage from their three O(2) oxygen planes $(Ca(2)-O(2)=2.29(2)\AA$, $O(2)-Ca(2)-O(2)=119(1)^{\circ}$, $K(1)-O(2)=2.59(2)\AA$, and $O(2)-K(1)-O(2)=99.2(8)^{\circ}).$ Twelve $K^+$ ions lie at the site III, twofold axis of edge of the four-membered ring ladders inside the supercage $(K(2)-O(4)=3.11(6)\AA$ and $O(1)-K(2)-O(1)=128(2)^{\circ}).$

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