• Title/Summary/Keyword: 과실 발달

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A study on the Shift of Burden of Proof in Medical Malpractice - Ruling of Jeonju Appellate Court 2017Na9346 - (의료과오소송에서의 증명책임에 대한 소고 -전주지방법원 2017. 7. 21. 선고 2017나9346판결-)

  • Lee, Soo-Kyoung;Yoon, Seok-Chan
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.49-79
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    • 2021
  • Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

자율주행자동차 시험운행에 관한 각국 법안의 비교 및 정책적 시사점

  • NamGung, Hye-Ri;Won, Yu-Hyeong;Gang, Seon-Jun;Han, Won-Seok
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2017.05a
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    • pp.489-497
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    • 2017
  • 사물 인터넷, 클라우드 컴퓨팅, 인공지능, 빅데이터 등 첨단 정보통신기술을 활용하여 모든 사물들의 지능화와 초연결을 지향하는 것을 나타내는 4차 산업혁명에 대한 관심은 나날이 증가하고 있다. 4차 산업혁명과 관련된 다양한 분야의 기술들 중에서 인공지능을 활용한 자율주행자동차 기술과 관련하여 논의를 진행하고자 한다. 여러 국가에서는 자율주행자동차 시장선점을 위해 관련 기술의 발달에 몰두하고 있다. 그러나 자율주행자동차의 상용화를 위해서는 기술의 발달뿐만 아니라 관련 법제도의 정비가 더욱 필수적인 요소라고 본다. 자율주행자동차가 안전성을 보장할 수 있도록 시험운행에 대한 규제를 완화시켜야 할 것이며, 향후 상용화가 될 경우 야기될 수 있는 민사적 손해배상문제와 형사책임의 문제, 과실책임의 문제, 사이버 보안문제 등을 대비할 수 있는 법제도 마련을 촉구하고자 한다. 타국가와의 자율주행자동차 법제도 비교분석을 통해 우리나라의 도로교통법과 기존 법 제정상태를 고려하여 법안 마련에 방향성을 설정하는 데에 목표를 두고 있다.

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The Characteristics of Anatomical Structure and Fruit Quality According to Fruit Developmental Stage of Pyrus pyrifolia Nakai cv. Manpungbae ('만풍배'의 생육기별 해부학적 구조와 과실품질)

  • Park, Ji-Eun;Kwon, YongHee;Lee, ByulHaNa;Park, YoSup;Jung, MyungHee;Choi, Jin-Ho;Park, Hee-Seung
    • Horticultural Science & Technology
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    • v.31 no.4
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    • pp.407-414
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    • 2013
  • This study was carried out to understand the physiological characteristics of 'Manpungbae' (Pyrus pyrifolia Nakai) pears through the seasonal changes of pericarp structure and anatomical differences between bagging and non-bagging treatment, and also fruit quality and peel coloration characteristics at the harvest time. The pericarp at full bloom was consists of outer epidermis, hypodermis, parenchyma cell, and inner epidermis from the exterior. The cell layers from the outer epidermis to vascular bundle increased rapidly 7-10 layers to 18-26 layers from full bloom (FB) to 77 days after full bloom (DAFB) and did not change significantly until maturity. Thus, the cell division period of 'Manpungbae' pear was until 77 DAFB and during this period, the thickness from hypodermis to vascular bundle increased from $73.1{\mu}m$ to $195{\mu}m$ in this period. Stone cells were formed from seven to 21 DAFB and stone cell clusters were formed around 49 DAFB. The cork cell layer was formed between 49 and 77 DAFB. 'Manpungbae' fruit pericarp was consists of 4.5 layers of the cork cell layers and seven layers of hypodermis which has the tannin at harvest time (161 DAFB). Comparison of the fruit enlargement and fruit structure development by bagging or non-bagging showed that 'Manpungbae' fruits without bagging had more than three cork cell layer than those with bagging at maturity. The size of stone cell clusters were varied in two treatments. Fruit weight was higher in the non-bagging treatment but there was no difference in soluble solid contents (SSC) between two treatments. The weight of the 'Manpunbae' fruit was distributed from 301 g to more 900 g and the average fruit weight was 677.2 g at harvest time, and fruits in the range of 551-800 g accounted for 71.6% of total production. The SSC, acidity and SSC/acidity ratio was $10.2-12.1^{\circ}Brix$, 0.10-1.24% and 9.76-14.31 respectively, and the SSC was higher in bigger fruit which had a very higher positive correlation with a fruit weight. However, the fruit firmness tended to be lower with fruit size which had a very higher negative correlation with the fruit weight and SSC. The cork cell layer numbers between yellowish brown and green pericarp were not different significantly, in 3.8 and 3.5 respectively.

Changes in the Enzyme Activities, Pectins and Structure of Persimmon Fruit during Softening (감과실의 연화중 효소활성, 펙틴 및 조직의 변화)

  • 신승렬;문광덕;이광희;김광수
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.22 no.5
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    • pp.611-616
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    • 1993
  • This study was carried out to investigate change in the polygalacturonase and ${\beta}-galactosidase$ activities, pectins, cell wall structure of persimmon fruit during ripening and softening. Polygalacturonase and ${\beta}-galactosidase$ activities were not detected at turning stage. However polygalacturonase activities of mature and soft persimmon fruits were 55.01 and 206.70units/100g-fresh weight(fr. wt.), respectively. ${\beta}-Galactosidase$ activities of mature and soft persimmon fruits were 21.79 and 380.23unit/100g-fr. wt. respectively. The contents of total and insoluble pectins increased during maturation but decreased during softening. The content of water-soluble pectin increased during maturation and softening. The intercellular space was in larged during ripening, and middle lamella was degraded in mature persimmon fruit, and the cells of soft persimmon fruit were separated each other.

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Studies on Structure of Pericarp in Ginseng (Panax ginseng C.A. Meyer) Fruit (인삼과실의 과피구조에 관한 연구)

  • Yu, Seong-Cheol;Jeong, Byeong-Gap;Kim, U-Gap
    • Journal of Ginseng Research
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    • v.13 no.1
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    • pp.71-78
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    • 1989
  • The structural changes in the pericarp of Panax ginseng fruit cells are studied during maturation periods. The pericarp can be divided into exocarp, mesocarp and endocarp. The exocarp consists of one layer of epidermal cells which is covered by a thin cuticle and hypodermal cells. A central vacuole and peripheral cytoplasm are observed in the exocarp and mesocarp. Also, irregular wall arrangement are observed during the differentiation. The endocarp is clearly marked off from the others by secondaw wall thickening and lignification. Secretory materials produced by the Golgi complex and rough endoplasmic reticulum vesicles appear to accumulated in the cell wall. These secretory materials are considered major components of the seed coat during the differentiation.

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A Study on the Status and Improvement of Maritime Training Program for Preventing Marine Accidents (해양사고 예방을 위한 해기교육 프로그램 현황 및 개선방안 연구)

  • Lee, Yun-Sok;Park, Jun-Mo;Lee, Bo-Kyeong
    • Journal of Navigation and Port Research
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    • v.37 no.2
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    • pp.123-128
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    • 2013
  • In spite of advanced navigational devices and reinforced mandatory standards of officers' education, the number of ship's accidents are increasing. The accidents caused by minor license officers are more than the number of accidents caused by superior license officers. There are many cases of collisions in the past 5 years released on Marine Accidents Inquiry Agency. Especially, officer's negligence from the consequences of the neglect of any precaution which may be required by the ordinary practice of seamen is the main reason behind ship's collisions. For reducing ship's accidents caused by human error, this paper suggests to develop effective training program using analysis date of domestic and foreign education system as a reference.

A Study on the Tort of Public Servant and Liability in State Compensation (공무원의 불법행위와 국가배상책임의 고찰)

  • Yeon, Hwa-Jun
    • Journal of Digital Convergence
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    • v.14 no.6
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    • pp.51-60
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    • 2016
  • The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

Fruit Quality of Rabbiteye Blueberry as Affected by Manual Floral Buds Thinning (블루베리 인력적화 시기와 방법이 과실특성에 미치는 영향)

  • Kim, Hong Lim;Chae, Won-Byoung;Kim, Jin-Gook;Lee, Mock-hee;Rhee, Han-Cheol;Kim, Seung-Hui;Kwack, Yong-Bum
    • Korean Journal of Environmental Agriculture
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    • v.38 no.3
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    • pp.166-172
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    • 2019
  • BACKGROUND: Increase in the ratio of small berries in blueberry production decreases the farmers' profits due to weakening market competitiveness and lowering harvest efficiency. One of the reasons for increased small berries is over fruit-load. For improving productivity and competitiveness of blueberry in Korea, hand-thinning can be applied to increase fruit quality before the developing adequate chemical thinning methods. This study was conducted to investigate the proper timing and methods for floral buds thinning in rabbiteye blueberry. METHODS AND RESULTS: Eight years old bushes of rabbiteye bluberries 'Brightwell' as a primary cultivar and 'Powderblue' as a pollinizer were used for this study. Fruit size distribution by leaf-to-fruit ratio was investigated by counting the number of leaves and fruits in canes of 127 'Brightwell' plants whose fruit set varied. Fifty percent of flowers/floral buds were removed in four different floral buds stages such as bud swell, late pink bud, full bloom, and petal fall, and the consumed time for thinning and fruit characteristics were recorded to investigate the effect and proper timing of floral buds thinning. Fruit weight and soluble solids content tended to increase in proportion to leaf-to-fruit ratio and the production of the number of fruits less than 13 mm in diameter decreased when leaf-to-fruit ratio was more than 2.5. Manual floral buds thinning by hands was fastest in full bloom stage and slowest in bud swelling stage. In all cultivars, fruit size was significantly smaller in non-thinning treatment than thinning, and there was, however, no significant difference in total fruit yield. The number of fruits less than 13 mm in diameter increased in both cultivars as floral buds thinning was delayed. Consumed time for picking 90% berries out of total berries per bush was shortest in full bloom stage thinning in 'Brightwell' and bud swelling, full bloom thinning in 'Powderblue'. These were 25 and 20 days faster than no thinning, respectively. CONCLUSION: Although the effect of floral buds thinning varied depending on the cultivars, our results confirmed that floral buds thinning was effective for the early intensive harvesting and the increase of the large fruit ratio and the harvesting productivity. Also, in order to increase thinning efficiency, it is recommended to remove the flower buds before the full bloom stage.

A Study on the Qualifications of Designated Person on the Maritime Safety Act (해사안전법상 안전관리책임자 및 안전관리자의 자격요건에 관한 연구)

  • Jin, Ho-Hyun;Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.37 no.5
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    • pp.519-526
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    • 2013
  • In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

Evaluation of the Fruit Quality Indices during Maturation and Ripening and the Influence of Short-term Temperature Management on Shelf-life during Simulated Exportation in 'Changjo' Pears (Pyrus pyrifolia Nakai) (배 신품종 '창조'의 성숙 중 품질 요인 변화 및 수송온도 환경에 따른 반응성)

  • Lee, Ug-Yong;Choi, Jin-Ho;Ahn, Young-Jik;Chun, Jong-Pil
    • Journal of Bio-Environment Control
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    • v.26 no.4
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    • pp.378-385
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    • 2017
  • In this study, we evaluated the changes of fruit quality indices during fruit development and ripening in Korean new pear cultivar 'Changjo', developed from a cross between 'Tama' and '81-1-27' ('Danbae' ${\times}$ 'Okusankichi') in 1995 and named in 2009, to determine appropriate harvest time and to enhance the market quality and broaden the cultivation area. The fruits of 'Changjo' pears harvested from 132 days after full bloom (DAFB) to 160 DAFB. Fruit growth and quality indices were monitored at 1 week interval by measuring fruit weight, length, diameter, firmness, and taste related quality indices. The calculated fruit fresh weight increased continuously with fruit development and reached to an average of 594g on Sep. 20 (160 DAFB). The ratio of length to diameter declines as fruit maturation progress, resulting in 0.898 for ripe fruit stage as a round oblate shape. Flesh firmness of 'Changjo' pears showed over 30N until 153 DAFB and then decreased abruptly with fruit ripening, reaching a final level of about 26.44N on 160 DAFB. Starch content of fruit sap was also decreased abruptly after 146 DAFB which decreased almost half of the fruits harvested at 139 DAFB. In parallel with the decrease of flesh firmness, ethanol insoluble solids (EIS) content decreased sharply with fruit ripens, only 50% of EIS was detected on the fruits harvested on 160 DAFB when compared to that of the fruits harvested on 139 DAFB (Aug. 30). The maximum value of soluble solids contents was observed in the fruits harvested on 153 DAFB, resulting in $14.2^{\circ}Brix$. The changes of skin color difference $a^*$ which means loss of green color occurred only after 139 DAFB, coincide with the decrease of SPAD value of the fruit skin. The sugars of the 80% ethanol soluble fraction consisted mainly of fructose, sorbitol, glucose and sucrose, also increased during maturation and ripening. Fructose and sucrose contents were larger than those of glucose and sorbitol in flesh tissues. These results were explained that stored starch is converted to soluble sugars during fruit maturation, mainly in fructose and sucrose increasing the sweetness of this cultivar. Total polyphenols were increased up to middle of fruit maturation (146 DAFB) and then decreased continuously until the end of fruit maturation. Consequently, our results suggested that the commercial harvest time of 'Changjo' pears should not be passed 153 DAFB and late harvest of this cultivar would not good for quality maintenance during shelf-life. As a result of the post-harvest low-temperature acclimation experiment during the short-term transportation period, fruits harvested at 146 DAFB tended to maintain higher firmness after 14 days of simulated marketing at $25^{\circ}C$ compared to fruits harvested at 153 DAFB regardless of temperature set. And, the slower the rate of decrease to the final transport temperature of $5^{\circ}C$, the higher the incidence of internal browning and ethylene production. Therefore, in order to suppress the physiological disorder and to maintain the fruit quality when exporting to Southeast Asia in the 'Chanjo' pears, it is desirable to lower the temperature of the fruits within a short time after harvest and to set the harvest time before 146 days after full bloom.