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A Review on Constitutional Discordance Adjudication of the Constitutional Court to Total Ban on Abortion ('낙태죄' 헌법재판소 헌법불합치 결정의 취지와 법률개정 방향 - 헌법재판소 2019. 4. 11. 선고 2017헌바127 전원재판부 결정에 따라 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.3-39
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    • 2019
  • Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

A Study of Clinical Model for Radiation Therapy in Lung Cancer Patients of Busan and South Gyeongnam Province (부산, 경남지역 폐암 환자의 방사선치료 이용에 대한 임상 결정 모델 연구)

  • Son, Jongki;Kim, Yunjin;Jo, Deokyoung
    • Journal of the Korean Society of Radiology
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    • v.9 no.6
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    • pp.393-401
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    • 2015
  • Radiation therapy for lung cancer is an effective treatment during monotherapy or combination therapy. Studies have reported that the optimum utilization rate of radiation therapy is estimated at 61% to 74%. Radiation therapy in Korea has been investigated to be low; further studies are needed. This study was intended to assess the appropriateness of the use of radiation and to reveal the use of radiation therapy-related factors by examining radiation therapy in lung cancer patients of Busan and South Gyeongnam Province. This study was aimed at the population diagnosed with lung cancer in Busan and South Gyeongnam Province. To conduct the study, 1036 patients enrolled in two hospitals were collected and 897 appropriate as subjects were selected. We compared the optimum utilization rate and actual rate of radiation therapy, and revealed the adequacy and related factors for use of radiotherapy. Of 897 patients, 503 (56%) were treated with medical therapy and 394 (44%) were given radiotherapy. The radiotherapy utilization rate of all lung cancer patients was 42%. The proportion of non-small cell lung cancer by histologic type was 33% and that of small cell lung cancer was 90%. Factors related to radiation therapy used in cancer were age, histological type, clinical stage, doctor refereed to, and clinical examination. Compared to radiation utilization by region (site), curative chest therapy was 42%; palliative treatment was 26%. In the comparison of histologic types, utilization of small-cell lung cancer is lower; the lowest especially in the stage III. Utilization of radiation therapy in Busan and South Gyeongnam Province was lower than the reasonable one. Utilization difference could be explained by patient factors, tumor factors, and health service factors. To improve utilization,development ofoutreach service programs and activation of the multidisciplinary team are required.

The effects of gamma irradiation on the survival and development of Clonorchis sinensis metacercariae (감마선 조사가 흰쥐에서의 간흡충 생존 및 발육에 미치는 영향)

  • 이순형;박양희
    • Parasites, Hosts and Diseases
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    • v.27 no.3
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    • pp.187-196
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    • 1989
  • The effects of gamma irradiation on the survival and development of C. sinensis metacercariae were studied to evaluate the feasibility of irradiation as a control measure for clonorchiasis. Pseudorasbora parve were collected at an endemic river of clonorchiasis and were used for irradiation of the fluke in three schemes. The first (Scheme 1) was irradiation of the isolated metacercariae from the fish followed by infection to experimental rats. The second (Scheme 2) was irradiation of the fish, and then the metacercariae were isolated and in(ected to rats. The third (Scheme 3) was irradiation on the rat livers after infection with normal metacercariae. Irradiation doses varied from 5 to 100 Gy for Schemes 1 and 2, and 10 to 25 Gy for Scheme 3. The rats were sacrificed 2 to 6 weeks after infection. In Scheme 1, the metacercariae irradiated at 50 Gy failed to survive in the rats after 2 or 6 weeks. However, 1 to 44% of the metacercariae irradiated at 5∼30 Gy survived. The estimated LD50 of Scheme 1 was 16.5 Gy. The flukes irradiated in Scheme 2 survived better than those in Scheme 1. The average worm recovery rate in 50 Gy was 28%(7∼39% individually). Increasing the dose up to 100 Gy brought a remarkably low survival rate of an average 1%(0∼3% individually). The LD50 of Scheme 2 was 47.5 Gy. Worm recovery rates in the 10 Gy group of Scheme 3 were 21∼39%, and those in the 25 Gy group were 2% and 34%. Although the metacercariae were irradiated, all of the recovered worms were morphologically normal. Only the worms irradiated with 10 Gy or 25 Gy after 9 days from infection in Scheme 3 showed underdeveloped testes and seminal receptacle. The present results suggest that irradiation of the fish by 100 Gy could be adopted as a control measure for clonorchiasis.

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Germination and Seedling Development of Rice and Echinochloa Species (벼와 피의 발아(發芽) 및 유묘발달(幼苗發達) 양상(樣相))

  • Kim, Soon-Chul;Moody, Keith
    • Korean Journal of Weed Science
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    • v.9 no.2
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    • pp.108-115
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    • 1989
  • An experiment was carried out at the International Rice Research Institute in 1987 to understand the seed germination and seedling development of rice and Echinochloa species. The percentage germination of rice cultivars(IR64 for lowland-type and UPLRi-5 for upland-type) was extremely high(>90%) regardless of temperature while that of Echinochloa species ranged from 10 to 80% depending on the species. Among these, E. crus-galli ssp. kispidula had the lowest germination with less than 20% at the high temperatures ($30^{\circ}C$, $35^{\circ}C$) and about 45% at the low temperature ($25^{\circ}C$). Original seed weight gradually decreased with time white root and shoot weight increased for both rice and Echinochloa species. However, increase in root and shoot weight did not compensate for the loss of stored carbohydrate during the experimental period. The root of E. glabrescens grew from the seed on the opposite side of the shoot while for rice it grew from the same side of the seed as the shoot. Echinochloa glabrescens had a leaf blade-like expanded first leaf that contained chlorophyll while rice had an incomplete first leaf that had no leaf blade and no chlorophyll. Due to this E. glabrescens could grow independently 2 to 3 days earlier than rice.

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Ecological Characteristics of Local Collections of Sagittaria pygmaea Miq. and Sagittaria trifolia L. and Their Geographical Differentiation (올미와 벗풀 지방수집종(地方蒐集種)들의 생태적(生態的) 특성(特性) 및 그들의 지리적(地理的) 분화(分化)에 관한 연구(硏究))

  • Seong, Ki-Yeong;Kwon, Yong-Woon
    • Korean Journal of Weed Science
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    • v.3 no.2
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    • pp.129-136
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    • 1983
  • To study ecological characteristics of Sagitiaria pygmaea and Sagittaria trifolia occurring in Korea their propagules were collected from 3 locations (Sagittaria pygmaea: Chuncheon, Suweon, Milyang; Sagittaria trifolia: Suweon, Iri, Jeonju) in 1981, cultured and replanted 4 times (May 20, June 5, June 20, July 5) in 1982. Sagitraria pygmaea from Suweon flowered earlier than those from Chuncheon and Milyang in the plants planted on May 20, but this was reversed in another planting dates. Three storied inflorescence was observed newly in Sagittaria pygmaea. Sagittaria pygmaea from Iri and Jeonju had more number of tillers, but less number of tubers per tiller than those from Suweon. Sagittaria rrifolia from Chuncheon flowered earlier than those from Suweon and Milyang. Sagirtaria trifolia from Milyang was narrower in the upper leaf width and less in the number of tubers per plant than those from Chuncheon and Suweon. Each of local collections may be regarded as different ecotype based on the above differences.

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Morphological Characteristics of Growth of Rice and Barnyardgrass under Various Cropping Patterns - I. Differential Germination and Growth Characteristics (재배양식(栽培樣式)에 따른 벼와 피의 생장(生長) 및 해부형태학적(解剖形態學的) 차이(差異) - I. 재배양식(栽培樣式)에 따른 벼와 피간(間)의 발아(發芽) 및 생육특성(生育特性) 차이(差異))

  • Chon, S.U.;Guh, J.O.;Pyon, J.Y.
    • Korean Journal of Weed Science
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    • v.14 no.1
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    • pp.62-70
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    • 1994
  • This study was conducted to find out if there are some differences in germination, growth and morphological characteristics between rice(Oryza saliva) and barnyardgrass(Echinochloa crus-galli) under various cropping patterns and to abtain the fundamental information on weed control method in direct seeded rice. Rice was broadcast on soil-surface(Broadcast rice), drill seeded in soil(Drilled rice) and barnyardgrass was drill seeded in soil(Barnyardgrass) under dry(Dry condition) and water direct seeded condition(Water condition). Also rice was transplanted with 8-day seedlings(8 -day-old seedling) and 25-day seedlings(25-*day-old seedling) under transplanting condition(Transplanting condition) At 1, 2, 3, 5, 7, 10, 15 and 20 days after seeding or transplanting(DAS/T), plants were harvested to examine their germination, growth and morphology. The major results were as follows ; Until 5 DAS/T growth of rice and barnyardgrass were well established under dry condition but under water condition growth of shoots was mainly elongated. At 20 DAS/T barnyardgrass had greater plant height and shoot fresh weight than rice under direct seeded condition, while plant height and shoot fresh weight of rice was greater than those of barnyardgrass under transplanting condition. Root length of barnyardgrass was greater under the dry, drilled, direct seeded conditions than that of rice under the water, broadcast, transplanting condition, respectively. And root fresh weight of rice under direct seeded condition was similar to that of barnyardgrass but that of rice under transplanting condition was significantly greater than that of barnyardgrass. Barnyardgrass only formed mesocotyls and its length increased with increased depth of seeding. Leaf stage and leaf area of barnyardgrass was greater under the dry, drilled than those of rice under water, broadcast conditions, respectively, while those of rice was greater than those of barnyardgrass under transplanting condition. Chlorophyll contents were higher in barnyardgrass, dry direct seeded rice, transplanted rice, water direct seeded rice in descending order.

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The Clinical Experience of the Aortic Arch Replacement in Acute Type A Aortic Dissection (급성대동맥박리증에서 궁치환술의 임상 경험)

  • 조광조;우종수;성시찬;김시호;이길수
    • Journal of Chest Surgery
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    • v.36 no.5
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    • pp.335-342
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    • 2003
  • Background: The aortic arch replacement in an acute aortic dissection is technically demanding procedure that has a lot of postoperative morbidity and high mortality The authors have applied several techniques of aortic arch replacement to overcome the risks of the procedure. Therefore we analysed the results of these techniques. Material and Method: From March of 1996 to July of 2002, we performed 31 cases of the aortic arch replacement in the Stanford type A acute aortic dissection. There were 12 male and 19 female patient's with 59.6$\pm$9.4 years of mean age. Among them 18 cases were treated with the hemiarch replacement and 13 cases with the total arch replacement. We approached the aortic arch through median sternotomy in all but 3 cases of Clamshell incision and applied the deep hypothermic circulatory arrest with retrograde cerebral perfusion. The associated procedures were 2 Bentall's procedures, an axillobifemoral bypass, a femorofemoral bypass and a carotid artery bypass. Result: The postoperative morbidities were 8 acute renal failures, 3 CNS complications, 2 low cardiac output syndromes, 2 malpefusion syndromes, and 2 deep wound infections. There were 4 cases of early hospital mortality which were from an acute renal failure a postoperative bleeding, a low cardiac output syndrome, and a reperfusion syndrome. There were 3 cases of late hospital mortality which were from an acute renal failure, and 2 multiorgan failures. So the total mortality rate was 22.5%. There were 4 cases of late mortality after the discharge, which were form 2 cases of distal anastomotic rupture and 2 cases of intracranial hemorrhage. Conclusion: The hemiarch replacement has relatively shorter operative time and lower hospital mortality but higher late mortality than the total arch replacement. The total arch replacement needs more technically demanding procedure.

Surgical Treatment of Ventricular Tachycardia After Total Correction of Tetralogy of Fallot- Report of a case (TOF 완전교정술후 발생한 심실빈맥의 외과적 절제술 -치험1례보고-)

  • 장병철;김정택
    • Journal of Chest Surgery
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    • v.29 no.6
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    • pp.639-645
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    • 1996
  • A 14-year-old male patient with previous surgical repair of tetralogy of Fallot was admitted with hemodynamically significant ventricular tachycardia (VT). On preoperative electrophysiologic study (EPS), the morphology of documented VT was RBBB of vertical axis with 320 msec cycle length. The endocardial mapping during VT delineated the origin of VT at right ventricular outflow tract (RVOT), where the patch was attached. The clinical VT had a clockwise reentry circuit around the patch with the earliest activation at the same site seen during the preoperative EPS. The previously placed right ventricular outflow patch and fibrous tissue were removed. During a postoperative EPS, it was no longer possible to induce the VT. Ventricular tachycardia following repair of tetralogy of Fallot seen in this patient was caused by a macro-reentry around the right ventricular outflow patch. We were able to ablate the VT with the aid of a detailed mapping of its epicardial activation sequence.

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Detection of Osteomyelitis Using a Tc-99m Labeled Antigranulocyte Antibody Immunoscintigraphy (Tc-99m 표지 항과립구항체 면역신티그라피를 이용한 골수염의 진단)

  • Kang, Won-Jun;Chung, June-Key;Yeo, Jeong-Seok;Hong, Mee-Kyoung;Jeong, Jae-Min;Lee, Dong-Soo;Lee, Sang-Hoon;Choi, In-Ho;Lee, Myung-Chul
    • The Korean Journal of Nuclear Medicine
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    • v.32 no.4
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    • pp.344-353
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    • 1998
  • Purpose: The purpose of this study was to evaluate the diagnostic accuracy of Tc-99m labeled antigranulocyte antibody immunoscintigrapy in the diagnosis of osteomyelitis and compare with the results of triphasic bone scan. Materials and Methods: The study population was 39 patients (22 male, 17 female) who had uncertain diagnoses of osteomyelitis. Fifteen patients had history of orthopedic surgery, and 5 had previous fracture. One milligram of monoclonal antibody against NCA-95 was labeled with 370 MBq of Tc-99m, injected intravenously, and 4 hour images were obtained. Triphasic bone scan images were obtained in 30 patients. The final diagnosis was confirmed by bacteriologic culture, biopsy or long term clinical follow up. Results: Twenty one patients were confirmed to have osteomyelitis (1 acute, 20 chronic). Eighteen patients were without osteomyelitis. Antigranulocyte antibody immunoscintigraphy had a sensitivity of 71% (15/21), and a specificity of 89% (16/18), while the sensitivity and specificity of triphasic bone scan was 93% (13/14) and 38% (6/16), respectively. Antigranulocyte antibody scan showed higher specificity of 100% (11/11) in comparison with 33% (3/9) of triphasic bone scan in patients with history of orthopedic surgery or fracture. Conclusion: Antigranulocyte antibody immunoscintigraphy is more specific than that of triphasic bone scan and may be helpful in patients with history of surgery or fracture. However, sensitivity is lower than triphasic bone scan in the detection of chronic osteomyelitis.

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$^{99m}Tc$-Glucarate Uptake in Ischemic Tissue of Experimental Models of Cerebral Ischemia (실험적 뇌허혈증 모델에서 허혈 조직의 $^{99m}Tc$-glucarate 섭취)

  • Jeong, Jae-Min;Kim, Young-Ju;Choi, Seok-Rye;Kim, Chae-Kyun;Mar, Woong-Chun;Chung, June-Key;Lee, Myung-Chul;Koh, Chang-Soon;Lee, Dong-Soo
    • The Korean Journal of Nuclear Medicine
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    • v.30 no.4
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    • pp.484-492
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    • 1996
  • To detect ischemic tissue in experimental model of cerebral ischemia made by middle cerebral artery(MCA)-occlusion, we acquired triple image of $^{99m}Tc$-glucarate, [$^{18}F$]fluoro-deoxyglucose (FDG), and 2,3,5- triphenyltetrazolium (TTC) staining. We made cerebral infarction either with reperfusion (after occlusion of 2 hours) or without reperfusion in 10 Sprague-Dawley rats by inserting thread to MCA through internal carotid artery. After 22 hours, we injected 740 MBq of $^{99m}Tc$-glucarate and 55.5 MBq of [$^{18}F$]FDG through tail vein. Each 1 mm slice of rat brains was frozen and exposed to imaging plate for 20 minutes in freezer to get an [$^{18}F$]FDG image. After 20 hours enough to fade radioactivity of [$^{18}F$]FDG, the slices were again imaged by BAS1500 for $^{99m}Tc$-glucarate uptake. Finally, these brain tissues were stained with TTC. Semi-quantitative visual analysis was done by grading 0 to 3 points according to the degree of uptakes($^{99m}Tc$-glucarate) and decreased uptakes([$^{18}F$]FDG and TTC). Ten rats survived with neurologic symptoms. TTC staining confirmed the development of infarction. The size of the infarction was relatively larger in the group without reperfusion. [$^{18}F$]FDG images were similar to TTC-stained images. However, we found regions with intermediate uptake which were not stained with TTC. We found regions with intermediate [$^{18}F$]FDG uptake where TTC staining was normal. $^{99m}Tc$-glucarate uptake was round only in TTC non-stained region. In the TTC stained regions, there were no uptake of $^{99m}Tc$-glucarate. We could not find clear relation between $^{99m}Tc$-glucarate uptake with [$^{18}F$]FDG uptake. This was partly because percent uptake of $^{99m}Tc$-glucarate was so small (less than 1 percent of injected dose) and because there were quite heterogeneity of patterns of [$^{18}F$]FDG uptake and TTC. With these findings, we could conclude that $^{99m}Tc$-glucarate were taken up only in part of ischemic tissues which were proven to be nonviable. The establishment of MCA-occluded rat model with or without reperfusion and triple imaging for $^{99m}Tc,\;^{18}F$ and TTC helped the characterization of $^{99m}Tc$-glucarate uptakes. Further work is needed to clarify the meaning or diversities or [$^{18}F$]FDG and TTC and their relation with $^{99m}Tc$-glucarate.

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