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Study on Forage Cropping System Adapted to Soil Characteristics in Reclaimed Tidal Land (간척지 토양특성에 알맞은 사료작물 작부체계 연구)

  • Yang, Chang-Hyu;Lee, Jang-Hee;Kim, Sun;Jeong, Jae-Hyeok;Baek, Nam-Hyun;Choi, Weon-Young;Lee, Sang-Bok;Kim, Young-Doo;Kim, Si-Ju;Lee, Gyeong-Bo
    • Korean Journal of Soil Science and Fertilizer
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    • v.45 no.3
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    • pp.385-392
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    • 2012
  • This study was conducted to find out the optimum cropping system for the stable production of forage crops in the newly reclaimed land located at Gwanghwal and Gyehwa region of Saemangum reclaimed tide land from October, 2009 to October, 2011. Whole crop barley (WCB), Rye, Italyan-ryegrass (IRG) as winter crops and Corn, Sorghum${\times}$sudangrass hybrid (SSH) as summer crops were cultivated. Soil chemical properties, nutrient uptake, feed value, growth and yield were examinated. The testing soil was showed saline alkali soil where the contents of organic matter, available phosphate and exchangeable calcium were very low, while exchangeable sodium and magnesium were higher. Changes of soil salinity during the growing season of forage crops were less than 0.2%, and the growth of forage crops was not affected by salt injury. Standing rates of winter crops were higher in the order of Rye, WCB, and IRG, while the dry matter yield of winter crops was higher in the order of IRG, Rye and WCB. The highest crude protein (CP) content was recorded in IRG, and total digestive nutrients (TDN) contents were increased in the order of WCB, IRG, and Rye. The TDN content was higher in corn, whereas other feed value was higher in SSH. The content of mineral nutrients on stem, leaf and grain in IRG, Corn were high. After experiment pH was lowed, contents of exchangeable magnesium, sodium and organic matter were decreased while contents of total nitrogen, available phosphate and exchangeable potassium, calcium were increased. Winer crops and summer crops after continually cultivating in cropping system, fresh matter yield increased, compared to WCB-Corn (74,740 kg $ha^{-1}$), IRG-SSH 10%, IRG-Corn 7%, Rye-SSH 6%, Rye-Corn and WCB-SSH 3%. Dry matter yield increased, compared to WCB-Corn (20,280 kg $ha^{-1}$), IRG-SSH 7%, Rye-SSH 6%, IRG-Corn/Rye-Corn/WCB-SSH 3%. The TDN yield increased, compared to WCB-Corn (13,830 kg $ha^{-1}$), IRG-SSH 2%, WCB-SSH and IRG-Corn 1%. Therefore, we suggest that the crop combination of IRG-SSH and WCB-SSH would be preferred for silage stable production.

Evaluation of Usability Both Oblique Verification for Inserted Fiducial Marker of Prostate Cancer Patients (Fiducial Marker가 삽입된 전립선암 환자를 대상으로 한 양사방향 촬영의 유용성 평가)

  • Kim, Koon Joo;Lee, Jung Jin;Kim, Sung Gi;Lim, Hyun Sil;Kim, Wan Sun;Kang, Su Man
    • The Journal of Korean Society for Radiation Therapy
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    • v.25 no.2
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    • pp.123-129
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    • 2013
  • Purpose: The way check the movement of the fiducial marker insertion in the treatment of patients with prostate cancer. However the existing methods of fiducial marker verification process difficult to identify the specific location of the marker behind the femur and pelvic bone. So to study the evaluation of maker match with using kilo voltage (KV) X-ray by On-board imager to both oblique verification method. Materials and Methods: Five patients were selected for rectal ballooning and inserted fiducial marker. Compare the position of the fiducial marker of reference plan 2D/2D Anterior/Posterior verification method and 2D/2D both oblique verification method. So to measurement the shift score of X, Y, Z (axis) and measure exposure dose given to patients and compare matching time. Results: 2 dimensional OBI KV X-ray imaging using two-dimensional matching image are orthogonal, so locating fiducial marker matching clear and useful DRR (digital reconstruction radiography) OBI souce angle ($45^{\circ}/315^{\circ}$) matching most useful. 2D/2D both oblique verification method was able to see clearly marker behind the pelvic bone. Also matching time can be reduced accordingly. According to the method of each matching results for each patient in each treatment fraction, X, Y, and Z axis the Mean $value{\pm}SD$ (standard deviation) is X axis (AP/LAT: $0.4{\pm}1.67$, OBLIQUE: $0.4{\pm}1.82$) mm, Y axis (AP/LAT: $0.7{\pm}1.73$, OBLIQUE: $0.2{\pm}1.77$) mm, Z axis (AP/LAT: $0.8{\pm}1.94$, OBLIQUE:$1.5{\pm}2.8$) mm. In addition, the KV X-ray source dose radiation exposure given to the patient taking average when AP/LAT matching is (0.1/2.1) cGY, when $315^{\circ}/45^{\circ}$ matching is (0.27/0.26) cGY. Conclusion: In conclusion for inserted fiducial marker of prostate cancer patients 2D/2D both oblique matching method is more accurate verification than 2D/2D AP/LAT matching method. Also the matching time less than the 2D/2D AP/LAT matching method. Taken as the amount of radiation exposure to patients less than was possible. Suggest would improve the treatment quality of care patients more useful to establish a protocol such as case.

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Effect of Feeding Whole Crop Barley Silage- or Whole Crop Rye Silage based-TMR and Duration of TMR Feeding on Growth, Feed Cost and Meat Characteristics of Hanwoo Steers (청보리 사일리지 TMR 또는 청호밀 사일리지 TME 급여 및 급여기간이 거세 한우의 증체, 사료비 및 육질특성에 미치는 효과)

  • Jin, Guang Lin;Kim, Jong-Kyu;Qin, Wei-Ze;Jeong, Jun;Jang, Sun-Sik;Sohn, Yong-Suk;Choi, Chang-Won;Song, Man-Kang
    • Journal of Animal Science and Technology
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    • v.54 no.2
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    • pp.111-124
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    • 2012
  • Feeding trial was conducted with 80 Hanwoo steers (7.5 months of age, 204.4 kg body weight) for 680 days from growing period to late fattening period to examine the feeding value of whole crop barley silage TMR (BS-TMR) and whole crop rye silage TMR (RS-TMR) on body gain, feed cost, slaughter characteristics and quality characteristics of $longissimus$ $dorsi$ muscle. Dietary treatments were conventional separate feeding of concentrate and rice straw (control), feeding BS TMR up to middle fattening period and same diet as for control during late fattening period (BS-TMR I), feeding BS-TMR for whole experimental period (BS-TMR II), feeding RS TMR up to middle fattening period and same diet as for control during late fattening period (RS-TMR I) and RS TMR for whole experimental period (RS-TMR II). Sixteen castrated calves were assigned to each treatment (4 pens, 4 heads per pen). Pens in each treatment were randomly distributed. Feeding both BS silage TMR and RS silage TMR slightly increased body gain of Hanwoo steers at the stages of growing and early fattening, and increased (P<0.0001) at middle fattening compared to feeding control diet while control diet tended to increase body gain at late fattening stage compared to feeding BS-TMR I, BS-TMR II and RS-TMR I diets. Total body gain was slightly increased in Hanwoo steers fed both I and II for BS and RS TMR compared to that in control diet. Feed cost per kg gain per head was relatively low in the Hanwoo steers fed silage TMRs to that fed control diet. Carcass weight, back fat thickness and $longissimus$ $dorsi$ area of Hanwoo steers tended to increase but lowered (P<0.047) yield index by feeding silage TMRs. Feeding BS TMR slightly decreased marbling score but no difference was found in the number of head over grade 1 between diets. Control diet tended to improve yield grade compared to silage TMRs. Chemical composition, water holding capacity, drip loss, cooking loss and pH, color and fatty acid composition of $longissimus$ $dorsi$ were not affected by experimental diets and feeding duration of silage TMRs. Shear force, however, was increased (P<0.046) by silage TMRs without difference between them compared to control diet. Based on the results of the current study, BS TMR and RS TMR could improve body gain and reduce feed cost without deteriorating meat quality compared to separate feeding of concentrate and rice straw. Overall feeding value was similar between BS TMR and RS TMR.

2007-2011 Characteristics of Plant Virus Infections on Crop Samples Submitted from Agricultural Places (2007-2011 우리나라 농업현장 임상진단 요청 작물의 바이러스 감염 특성)

  • Kim, Jeong-Soo;Lee, Su-Heon;Choi, Hong-Soo;Kim, Mi-Kyeong;Kwak, Hae-Ryun;Kim, Jeong-Sun;Nam, Moon;Cho, Jeom-Deog;Cho, In-Sook;Choi, Gug-Seoun
    • Research in Plant Disease
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    • v.18 no.4
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    • pp.277-289
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    • 2012
  • The total number of requests and associated specimens for the diagnosis of virus infection were 573 and 2,992, respectively, on crops from agricultural places of farmers, Agricultural extension services and so forth for 5 years from 2007. The total number of virus tests was 13,325. The number of species of viruses infected on the submitted crops was 21 in 2007, 15 in 2008, 23 in 2009, 21 in 2010 and 17 in 2011. The newly recorded viruses were Tobacco leaf curl virus (TbLCV) in 2007, Tomato yellow leaf curl virus (TYLCV) in 2008, Impatience necrotic spot virus (INSV) and Radish mosaic virus (RaMV) in 2009, and Beet western yellows virus (BWYV) in 2010. Forty virus species including Alfalfa mosaic virus were detected over 5 years. The ten most frequently detected virus species were Cucumber mosaic virus (CMV), Tomato spotted wilt virus (TSWV), Tomato leaf curl virus (TYLCV), Cucumber green mottle mosaic virus (CGMMV), Broad bean wilt virus 2 (BBWV2), Zucchini yellow mosaic virus (ZYMV), Melon necrotic spot virus (MNSV), Pepper mild mottle virus (PMMoV), Watermelon mosaic virus (WMV) and Pepper mottle virus (PepMoV). The types of crops submitted from agricultural places were 51 in total and the ten most frequently submitted crops were red pepper, tomato, paprika, watermelon, melon, rice, cucumber, corn, radish and gourd. The total request rate for the top 10 crops and top 20 crops was 81.6% and 94.2%, respectively. Eight pepper infecting virus species included CMV, and the average infection rate was 24.6% for CMV, 18.9% for PMMoV and 14.7% for TSWV. Seven kinds of double infection were detected in pepper including BBWV2+CMV at 14.7% on average, and four types of triple infection including BBWV2+CMV+PepMoV at 0.9% on average. Six virus species detected on tomato including TYLCV, and the average infection rate was 50.6% for TYLCV, 14.5% for TSWV and 10.9% for Tobacco leaf curl virus (TbLCV). The mixed infection of CMV+TSWV on tomato was 3.9% on average and of Tomato mosaic virus (ToMV)+TYLCV was 0.4% on average. Five viruses detected on watermelon included MNSV and the average infection rate was 37.0% for MNSV, 20.4% for CGMMV, 18.1% for ZYMV and 17.8% for WMV. The mixed infection rate on watermelon was CMV+MNSV and WMV+ZYMV having an average infection rate of 0.7% and 5.0%, respectively. The average infection rates on melon were 77.6% for MNSV, 5.6% for CMV and 3.3% for WMV. Mixed infections of CMV+MNSV occurred on melon with an average infection rate of 13.5%.

A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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Exposure Assessments of Environmental Contaminants in Ansim Briquette Fuel Complex, Daegu(II) - Concentration distribution and exposure characteristics of TSP, PM10, PM2.5, and heavy metals - (대구 안심연료단지 환경오염물질 노출 평가(II) - TSP, PM10, PM2.5 및 중금속 농도분포 및 노출특성 -)

  • Jung, Jong-Hyeon;Phee, Young-Gyu;Lee, Jun-Jung;Oh, In-Bo;Shon, Byung-Hyun;Lee, Hyung-Don;Yoon, Mi-Ra;Kim, Geun-Bae;Yu, Seung-do;Min, Young-Sun;Lee, Kwan;Lim, Hyun-Sul
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.25 no.3
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    • pp.380-391
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    • 2015
  • Objectives: The objective of this study is to assess airborne particulate matter pollution and its effect on health of residents living near Ansim Briquette Fuel Complex and its vicinities. Also, this study measured and analyzed the concentration of TSP, $PM_{10}$, $PM_{2.5}$, and heavy metals which influences on the environmental and respiratory disease in Ansim Briquette Fuel Complex, Daegu, Korea. Methods: In this study, we analyzed various environmental pollutants such as particulate matter and heavy metals from Ansim Briquette Fuel Complex that adversely affected local residents's health. In particular, we verified the concentration distribution and characteristics of exposure for TSP, $PM_{10}$, and $PM_{2.5}$ among particulate matters, and heavy metals(Cd, Cr, Cu, Mn, Ni, Pb, Fe, Zn, and Mg). In that regard, the official test method on air pollution in Korea for analysis of particulate matter and heavy metal in atmosphere were conducted. The large capacity air sampling method by the official test method on air pollution in Korea were applied for sampling of heavy metals in atmosphere. In addition, we evaluated the concentration of seasonal environmental pollutants for each point of residence in Ansim Briquette Fuel Complex and surrounding area. The sampling measured periods for air pollutants were from August 11, 2013 to February 21, 2014. Furthermore, we measured and analyzed the seasonal concentrations(summer, autumn and winter). Results: The average concentration for TSP, $PM_{10}$, and $PM_{2.5}$ by direct influence area at Ansim Briquette Fuel Complex were 1.7, 1.4 and 1.9 times higher than reference region. In analysis results of seasonal concentrations for particulate matter in four direct influence and reference area, concentration levels for winter were generally somewhat higher than concentrations for summer and autumn. The average concentrations for Cd, Cr, Mn, Ni, Pb, Fe, and Zn in direct influence area at Ansim Briquette Fuel Complex were $0.0008{\pm}0.0004{\mu}g/Sm^3$, $0.0141{\pm}0.0163{\mu}g/Sm^3$, $0.0248{\pm}0.0059{\mu}g/Sm^3$, $0.0026{\pm}0.0011{\mu}g/Sm^3$, $0.0272{\pm}0.0084{\mu}g/Sm^3$, $0.4855{\pm}0.1862{\mu}g/Sm^3$, and $0.3068{\pm}0.0631{\mu}g/Sm^3$, respectively. In particularly, the average concentrations for Cd, Cr, Mn, Ni, Pb, Fe, and Zn in direct influence area at Ansim Briquette Fuel Complex were 1.9, 3.6, 2.1, 1.9, 1.4, 2.6, and 1.2 times higher than reference area, respectively. The continuous monitoring and management were required for some heavy metals such as Cr and Ni. Moreover, the average concentration in winter for particulate matter in direct influence area at Ansim Briquette Fuel Complex were generally higher than concentrations in summer and autumn. Also, average concentrations for TSP, $PM_{10}$, and $PM_{2.5}$ were from 1.5 to 2.0 times, 1.2 to 1.8 times, and 1.1 to 2.3 times higher than reference area, respectively. In results for seasonal atmospheric environment, TSP, $PM_{10}$, $PM_{2.5}$, and heavy metal concentrations in direct influence area were higher than reference area. Especially, the concentrations in C station were a high level in comparison with other area. Conclusions: In the results, some particulate matters and heavy metals were relatively high concentration, in order to understand the environmental pollution level and health effect in surrounding area at Ansim Briquette Fuel Complex. The concentration of some heavy metals emitted from direct influence area at Ansim Briquette Fuel Complex were relatively higher than reference area. In particular, average concentration for heavy metals in this study were higher than average concentrations in air quality monitoring station for heavy metal for 7 years in Deagu metropolitan region. Especially, the residents near Ansim Briquette Fuel Complex may be exposed to the pollutants(TSP, $PM_{10}$, $PM_{2.5}$, and heavy metals, etc) emitted from the factories in Ansim Briquette Fuel Complex.

Expression of TIMP1, TIMP2 Genes by Ionizing Radiation (이온화 방사선에 의한 TIMP1, TIMP2 유전자 발현 측정)

  • Park Kun-Koo;Jin Jung Sun;Park Ki Yong;Lee Yun Hee;Kim Sang Yoon;Noh Young Ju;Ahn Seung Do;Kim Jong Hoon;Choi Eun Kyung;Chang Hyesook
    • Radiation Oncology Journal
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    • v.19 no.2
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    • pp.171-180
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    • 2001
  • Purpose : Expression of TIMP, intrinsic inhibitor of MMP, is regulated by signal transduction in response to genotoxins and is likely to be an important step in metastasis, angiogenesis and wound healing after ionizing radiation. Therefore, we studied radiation mediated TIMP expression and its mechanism in head and neck cancer cell lines. Materials and Methods : Human head and neck cancer cell lines established at Asan Medical Center were used and radiosensitivity $(D_0)$, radiation cytotoxicity and metastatic potential were measured by clonogenic assay, n assay and invasion assay, respectively. The conditioned medium was prepared at 24 hours and 48 hours after 2 Gy and 10 Gy irradiation and expression of TIMP protein was measured by Elisa assay with specific antibodies against human TIMP. hTIMP1 promoter region was cloned and TIMP1 luciferase reporter vector was constructed. The reporter vector was transfected to AMC-HN-1 and -HN-9 cells with or without expression vector Ras, then the cells were exposed to radiation or PMA, PKC activator. EMSA was peformed with oligonucleotide (-59/-53 element and SP1) of TIMP1 promoter. Results : $D_0$ of HN-1, -2, -3, -5 and -9 cell lines were 1.55 Gy, 1.8 Gy, 1.5 Gt, 1.55 Gy and 2.45 Gy respectively. n assay confirmed cell viability, over $94\%$ at 24hrs, 48hrs after 2 Gy irradiation and over 73% after 10 Gy irradiation. Elisa assay confirmed that cells secreted TIMP1, 2 proteins continuously. After 2 Gy irradiation, TIMP2 secretion was decreased at 24hrs in HN-1 and HN-9 cell lines but after 10 Gy irradiation, it was increased in all cell lines. At 48hrs after irradiation, it was increased in HN-1 but decreased in HN-9 cells. But the change in TIMP secretion by RT was mild. The transcription of TIMP1 gene in HN-1 was induced by PMA but in HN-9 cell lines, it was suppressed. Wild type Ras induced the TIMP-1 transcription by 20 fold and 4 fold in HN-1 and HN-9 respectively. The binding activity to -59/-53, AP1 motif was increased by RT, but not to SP1 motif in both cell lines. Conclusions : We observed the difference of expression and activity of TIMPs between radiosensitive and radioresistant cell line and the different signal transduction pathway between in these cell lines may contribute the different radiosensitivity. Further research to investigate the radiation response and its signal pathway of TIMPs is needed.

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Evaluation of Puretone Threshold Using Periodic Health Examination Data on Noise-exposed Workers in Korea (소음 특수건강진단 자료를 이용한 순음청력검사 평가)

  • Kim, Yang-Ho;Choi, Jung-Keun;Park, Jung-Sun;Moon, Young-Han;Kim, Kyoo-Sang
    • Journal of Preventive Medicine and Public Health
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    • v.32 no.1
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    • pp.30-39
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    • 1999
  • Objectives. This study was carried out to evaluate hearing impairment judgement and to investigate the differences in various diagnostic criteria for noise-induced hearing loss (NIHL) among workers who required for close observation (C). Methods. Out of 731,029 workers who had taken the specific periodic health examination in 1994, we used the audiometric data on 37,999 workers (C) eliminating the employees who had previous otologic problems. Many investigators have being using different criteria for the evaluation of hearing impairment. In this study, we used the criteria of early (1989-1994), current, compensation for NIHL in Korea, 2-, 3-, 4-divided classification and hearing loss at 4,000 Hz and compared the evaluation results. Results. The prevalences of C and workers who had occupational disease $(D_1)$ diagnosed for NIHL were 11.1 % and 0.44 %. There were significant difference in the prevalences of C and $D_1$, depending on different province of Korea. Pure tone averages (PTAs) were not appropriately applied in their evaluation 97% of workers whom we studied on were below the level of mild hearing loss judged by ISO standard. However, there were wide variations in the prevalence rate of mild hearing loss by diagnostic criteria. Thus, there were different judgements in determining the degree of NIHL depending on which diagnostic criteria were utilized. PTAs were found 20.54 (Rt) and 20.74 (Lt) when the method of 3-divided classification was applied for audiometric data. The degree of hearing impairment of the left ear was more severe than that of right ear. The prevalence of normal hearing threshold below 20 dB was 75.4% and the range of difference in both ear was below 10 dB. Right sided hearing threshold levels were 21.08 dB (500 Hz), 18.44 dB (1,000 Hz), 22.09 (2,000 Hz) and 52.36 dB (4,000 Hz). There was typical high frequency loss (C5-dip at 4,000 Hz) above 30 - 40 dB in normal hearing level. The increasing trend in hearing threshold level was gradually decreased by the increase of PTAs. The difference between PTAs and threshold at 4,000 Hz was about 10 dB. Conclusions. We could found that PTAs in the previous examination were not appropriately evaluated. This study revealed that they did not use unique criteria for managing the workers of NIHL. For the prevention of NIHL, it was found that the quality control on diagnosis and comprehensive management program were required, especially for those of hearing loss (C).

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Liabilities of Air Carrier Who Sponsored Financially Troubled Affiliate Shipping Company (항공사(航空社)의 부실 계열 해운사(海運社) 지원에 따른 법적 책임문제)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.177-200
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    • 2017
  • This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.