• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Journal of Information Management
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• v.6 no.5
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• pp.131-134
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• 1973

본고(本稿)시리이즈의 제1보(第一報)에서 우리는 물리(物理), 사회과학(社會科學) 및 공학분야(工學分野)의 12,442명(名)의 과학자(科學者)와 기술자(技術者)에 대한 정보교환활동(情報交換活動)의 78례(例)에 있어서 일반과정(一般過程)과 몇 가지 결과(結果)를 기술(記述)한 바 있다. 4년반(年半) 이상(以上)의 기간(其間)($1966{\sim}1971$)에서 수행(遂行)된 이 연구(硏究)는 현재(現在)의 과학지식(科學知識)의 집성체(集成體)로 과학자(科學者)들이 연구(硏究)를 시작(始作)한 때부터 기록상(記錄上)으로 연구결과(硏究結果)가 취합(聚合)될 때까지 각종(各種) 정형(定形), 비정형(非定形) 매체(媒體)를 통한 유통정보(流通情報)의 전파(傳播)와 동화(同化)에 대한 포괄적(包括的)인 도식(圖式)으로 표시(表示)할 수 있도록 설정(設定)하고 또 시행(施行)되었다. 2보(二報), 3보(三報), 4보(四報)에서는 데이터 뱅크에 수집(蒐集) 및 축적(蓄積)된 데이터의 일반적(一般的)인 기술(記述)을 적시(摘示)하였다. (1) 과학(科學)과 기술(技術)의 정보유통(情報流通)에 있어서 국가적(國家的) 회합(會合)의 역할(役割)(Garvey; 4보(報)) 국가적(國家的) 회합(會合)은 투고(投稿)와 이로 인한 잡지중(雜誌中) 게재간(揭載間)의 상대적(相對的)인 오랜 기간(期間)동안 이러한 연구(硏究)가 공개매체(公開媒體)로 인하여 일시적(一時的)이나마 게재여부(揭載如否)의 불명료성(不明瞭性)을 초래(招來)하기 전(前)에 과학연구(科學硏究)의 초기전파(初期傳播)를 위하여 먼저 행한 주요(主要) 사례(事例)와 마지막의 비정형매체(非定形媒體)의 양자(兩者)를 항상 조직화(組織化)하여 주는 전체적(全體的)인 유통과정(流通過程)에 있어서 명확(明確)하고도 중요(重要)한 기능(機能)을 갖는다는 것을 알 수 있었다. (2) 잡지(雜誌)에 게재(揭載)된 정보(情報)의 생산(生産)과 관련(關聯)되는 정보(情報)의 전파과정(傳播過程)(Garvey; 1보(報)). 이 연구(硏究)를 위해서 우리는 정보유통과정(情報流通過程)을 따라 많은 노력(努力)을 하였는데, 여기서 유통과정(流通過程)의 인상적(印象的)인 면목(面目)은 특별(特別)히 연구(硏究)로부터의 정보(情報)는 잡지(雜誌)에 게재(揭載)되기까지 진정으로는 공개적(公開的)이 못된다는 것과 이러한 사실(事實)은 선진연구(先進硏究)가 자주 시대(時代)에 뒤떨어지게 된다는 것을 발견할 수 있었다. 경험(經驗)이 많은 정보(情報)의 수요자(需要者)는 이러한 폐물화(廢物化)에 매우 민감(敏感)하며 자기(自己) 연구(硏究)에 당면한, 진행중(進行中)이거나 최근(最近) 완성(完成)된 연구(硏究)에 대하여 정보(情報)를 얻기 위한 모든 수단(手段)을 발견(發見)코자 하였다. 예를 들어, 이들은 잡지(雜誌)에 보문(報文)을 발표(發表)하기 전(前)에 발생(發生)하는 정보전파과정(情報傳播過程)을 통하여 유루(遺漏)될지도 모르는 정보(情報)를 얻기 위하여 한 잡지(雜誌)나 2차자료(二次資料) 또는 전형적(典型的)으로 이용(利用)되는 다른 잡지류중(雜誌類中)에서 당해정보(當該情報)가 발견(發見)되기를 기다리지 않는다는 것이다. (3) "정보생산 과학자(情報生産 科學者)"에 의한 정보전파(情報傳播)의 계속성(繼續性)(이 연구(硏究) 시리이즈의 결과(結果)는 본고(本稿)의 주내용(主內容)으로 되어 있다.) 1968/1969년(年)부터 1970/1971년(年)의 이년기간(二年期間)동안 보문(報文)을 낸 과학자(科學者)(1968/1969년(年) 잡지중(雜誌中)에 "질이 높은" 보문(報文)을 발표(發表)한)의 약 2/3는 1968/1969의 보문(報文)과 동일(同一)한 대상영역(對象領域)의 연구(硏究)를 계속(繼續) 수행(遂行)하였다. 그래서 우리는 본연구(本硏究)에 오른 대부분(大部分)의 저자(著者)가 정상적(正常的)인 과학(科學), 즉 연구수행중(硏究遂行中) 의문(疑問)에 대한 완전(完全)한 해답(解答)을 얻게 되는 가장 중요(重要)한 추구(追求)로서 Kuhn(제5보(第5報))에 의하여 기술(技術)된 방법(방법)으로 과학(연구)(科學(硏究))을 실행(實行)하였음을 알았다. 최근(最近)에 연구(硏究)를 마치고 그 결과(結果)를 보문(報文)으로서 발표(發表)한 이들 과학자(科學者)들은 다음 단계(段階)로 해야 할 사항(事項)에 대하여 선행(先行)된 동일견해(同一見解)를 가진 다른 연구자(硏究자)들의 연구(硏究)와 대상(對象)에 밀접(密接)하게 관련(關聯)되고 있다. 이 계속성(繼續性)의 효과(效果)에 대한 지표(指標)는 보문(報文)과 동일(同一)한 영역(領域)에서 연구(硏究)를 계속(繼續)한 저자(著者)들의 약 3/4은 선행(先行) 보문(報文)에 기술(技術)된 연구결과(硏究結果)에서 직접적(直接的)으로 새로운 연구(硏究)가 유도(誘導)되었음을 보고(報告)한 사항(事項)에 반영(反映)되어 있다. 그렇지만 우리들의 데이터는 다음 영역(領域)으로 기대(期待)하지 않은 전환(轉換)을 일으킬 수도 있음을 보여주고 있다. 동일(同一) 대상(對象)에서 연구(硏究)를 속행(續行)하였던 저자(著者)들의 1/5 이상(以上)은 뒤에 새로운 영역(領域)으로 연구(硏究)를 전환(轉換)하였고 또한 이 영역(領域)에서 연구(硏究)를 계속(繼續)하였다. 연구영역(硏究領域)의 이러한 변화(變化)는 연구자(硏究者)의 일반(一般) 정보유통(情報流通) 패턴에 크게 변화(變化)를 보이지는 않는다. 즉 새로운 지적(知的) 문제(問題)에 대한 변화(變化)에서 야기(惹起)되는 패턴에 있어서 저자(著者)들은 오래된 문제(問題)의 방법(方法)과 기술(技術)을 새로운 문제(問題)로 맞추려 한다. 과학사(科學史)의 최근(最近) 해석(解釋)(Hanson: 6보(報))에서 예기(豫期)되었던 바와 같이 정상적(正常的)인 과학(科學)의 계속성(繼續性)은 항상 절대적(絶對的)이 아니며 "과학지식(科學知識)"의 첫발자욱은 예전 연구영역(硏究領域)의 대상(對象)에 관계(關係)없이 나타나는 다른 영역(領域)으로 내딛게 될지도 모른다. 우리들의 연구(硏究)에서 저자(著者)의 1/3은 동일(同一) 영역(領域)의 대상(對象)에서 속계적(續繼的)인 연구(硏究)를 수행(遂行)치 않고 새로운 영역(領域)으로 옮아갔다. 우리는 이와 같은 데이터를 (a) 저자(著者)가 각개과학자(各個科學者)의 활동(活動)을 통하여 집중적(集中的)인 과학적(科學的) 노력(努力)을 시험(試驗)할 때 각자(各自)의 연구(硏究)에 대한 많은 양(量)의 계속성(繼續性)이 어떤 진보중(進步中)의 과학분야(科學分野)에서도 나타난다는 것과 (b) 이 계속성(繼續性)은 과학(科學)에 대한 집중적(集中的) 진보(進步)의 필요적(必要的) 특질(特質)이라는 것을 의미한다. 또한 우리는 이 계속성(繼續性)과 관련(關聯)되는 유통문제(流通問題)라는 새로운 대상영역(對象領域)으로 전환(轉換)할 때 연구(硏究)의 각단계(各段階)의 진보(進步)와 새로운 목적(目的)으로 전환시(轉換時) 양자(兩者)가 다 필요(必要)로 하는 각개(各個) 과학자(科學者)의 정보수요(情報需要)를 위한 시간(時間) 소비(消費)라는 것을 탐지(探知)할 수 있다. 이러한 관찰(觀察)은 정보(情報)의 선택제공(選擇提供)시스팀이 현재(現在) 필요(必要)로 하는 정보(情報)의 만족(滿足)을 위하여는 효과적(效果的)으로 매우 융통성(融通性)을 띠어야 한다는 것을 암시(暗示)하는 것이다. 본고(本稿)의 시리이즈에 기술(記述)된 전정보유통(全情報流通) 과정(過程)의 재검토(再檢討) 결과(結果)는 과학자(科學者)들이 항상 그들의 요구(要求)를 조화(調和)시키는 신축성(伸縮性)있는 유통체제(流通體制)를 발전(發展)시켜 왔다는 것을 시사(示唆)해 주고 있다. 이 시스팀은 정보전파(情報傳播) 사항(事項)을 중심(中心)으로 이루어 지며 또한 이 사항(事項)의 대부분(大部分)의 참여자(參與者)는 자기자신(自己自身)이 과학정보(科學情報) 전파자(傳播者)라는 기본적(基本的)인 정보전파체제(情報傳播體制)인 것이다. 그러나 이 과정(過程)의 유통행위(流通行爲)에서 살펴본 바와 같이 우리는 대부분(大部分)의 정보전파자(情報傳播者)가 역시 정보(情報)의 동화자(同化者)-다시 말해서 과학정보(科學情報)의 생산자(生産者)는 정보(情報)의 이용자(利用者)라는 것을 알 수 있다. 이 연구(硏究)에서 전형적(典型的)인 과학자((科學者)는 과학정보(科學情報)의 생산(生産)이나 전파(傳播)의 양자(兩者)에 연속적(連續的)으로 관계(關係)하고 있음을 보았다. 만일(萬一) 연구자(硏究者)가 한 편(編)의 연구(硏究)를 완료(完了)한다면 이 연구자(硏究者)는 다음에 무엇을 할 것이냐 하는 관념(觀念)을 갖게 되고 따라서 "완료(完了)된" 연구(硏究)에 관한 정보(情報)를 이용(利用)하여 동시(同時)에 새로운 일을 시작(始作)하게 된다. 예를 들어, 한 과학자(科學者)가 동일(同一) 영역(領域)의 다른 동료연구자(同僚硏究者)에게 완전(完全)하며 이의(異議)에 방어(防禦)할 수 있는 보고서(報告書)를 제공(提供)할 수 있는 단계(段階)에 도달(到達)하였다면 우리는 이 과학자(科學者)가 정보유통과정(情報流通過程)에서 많은 역할(役割)을 해낼 수 있다는 것을 알 것이다. 즉 이 과학자(科學者)는 다른 과학자(科學者)들에게 최신(最新)의 과학적(科學的) 결과(結果)를 제공(提供)할 때 하나의 과학정보(科學情報) 전파자(傳播者)가 되며, 이 연구(硏究)의 의의(意義)와 타당성(妥當性)에 관한 논평(論評)이나 비평(批評)을 동료(同僚)로부터 구(求)하는 관점(觀點)에서 보면 이 과학자(科學者)는 하나의 정보탐색자(情報探索者)가 된다. 또한 장래(將來)의 이용(利用)을 위하여 증정(贈呈)이나 동화(同化)한 이 정보(情報)로부터 피이드백을 받아 드렸을 때의 범주(範疇)에서 보면 (잡지(雜誌)에 투고(投稿)하기 위하여 원고(原稿)를 작성(作成)하는 경우에 있어서와 같이) 과학자(科學者)는 하나의 정보이용자(情報利用者)가 되고 이러한 모든 가능성(可能性)에서 정보생산자(情報生産者)는 다음 정보생산(情報生産)에 이미 들어가 있다고 볼 수 있다(저자(著者)들의 2/3는 보문(報文)이 게재(揭載)되기 전(前)에 이미 새로운 연구(硏究)를 시작(始作)하였다). 과학자(科學者)가 자기연구(自己硏究)를 마치고 예비보고서(豫備報告書)를 만든 후(後) 자기연구(自己硏究)에 관한 정보(情報)의 전파(傳播)를 계속하게 되는데 이와 관계(關係)되는 일반적(一般的)인 패턴을 보면 소수(少數)의 동료(同僚)그룹에 출석(出席)하는 경우 (예로 지역집담회)(地域集談會))와 대중(大衆) 앞에서 행(行)하는 경우(예로 국가적 회합(國家的 會合)) 등이 있다. 그러는 동안에 다양성(多樣性) 있는 성문보고서(成文報告書)가 이루어진다. 그러나 과학자(科學者)들이 자기연구(自己硏究)를 위한 주정보전파목표(主情報傳播目標)는 과학잡지중(科學雜誌中)에 게재(揭載)되는 보문(報文)이라는 것이 명확(明確)한 사실(事實)인 것이다. 이러한 목표(目標)에 도달(到達)할 때까지의 각(各) 정보전파단계(情報傳播段階)에서 과학자(科學者)들은 목표달성(目標達成)을 위하여 청중(聽衆), 자기동화(自己同化)된 정보(情報) 및 이미 이용(利用)된 정보(情報)로부터 피이드백을 탐색(探索)하게 된다. 우리가 본고(本稿)의 시리이즈중(中)에 표현(表現)하려 했던 바와 같이 이러한 활동(活動)은 조사수임자(調査受任者)의 의견(意見)이 원고(原稿)에 반영(反映)되고 또 그 원고(原稿)가 잡지게재(雜誌揭載)를 위해 수리(受理)될 때까지 계속적(繼續的)으로 정보(情報)를 탐색(探索)하는 과학자(科學者)나 기타(其他)사람들에게 효과적(效果的)이었다. 원고(原稿)가 수리(受理)되면 그 원고(原稿)의 저자(著者)들은 그 보문(報文)의 주내용(主內容)에 대하여 적극적(積極的)인 정보전파자(情報傳播者)로서의 역할(役割)을 종종 중지(中止)하는 일이 있는데 이때에는 저자(著者)들의 역할(役割)이 변화(變化)하는 것을 볼 수 있었다. 즉 이 저자(著者)들은 일시적(一時的)이긴 하나 새로운 일을 착수(着手)하기 위하여 정보(情報)의 동화자(同化者)를 찾게 된다. 또한 전(前)에 행한 일에 대한 의견(意見)이나 비평(批評)이 새로운 일에 영향(影響)을 끼치게 된다. 동시(同時)에 새로운 과학정보생산(科學情報生産) 과정(過程)에 들어가게 되고 현재(現在) 진행중(進行中)이거나 최근(最近) 완료(完了)한 연구(硏究)에 대한 정보(情報)를 항상 찾게 된다. 활발(活潑)한 연구(硏究)를 하는 과학자(科學者)들에게는, 동화자(同化者)로서의 역할(役割)과 전파자(傳播者)로서의 역할(役割)을 분리(分離)시킨다는 것은 실제적(實際的)은 못된다. 즉 후자(後者)를 완성(完成)하기 위해서는 전자(前者)를 이용(利用)하게 된다는 것이다. 과학자(科學者)들은 한 단계(段階)에서 한 전파자(傳播者)로서의 역할(役割)이 뚜렷하나 다른 단계(段階)에서는 정보교환(情報交換)이 기본적(基本的)으로 정보동화(情報同化)에 직결(直結)되고 있는 것이다. 정보전파자(情報傳播者)와 정보동화자간(情報同化者間)의 상호관계(相互關係)(또는 정보생산자(情報生産者)와 정보이용자간(情報利用者間))는 과학(科學)에 있어서 하나의 필수양상(必修樣相)이다. 과학(科學)의 유통구조(流通構造)가 전파자(傳播者)(이용자(利用者)로서의 역할(役割)보다는)의 필요성(必要性)에서 볼 때 복잡(複雜)하고 다이나믹한 시스팀으로 구성(構成)된다는 사실(事實)은 과학(科學)의 발전과정(發展過程)에서 필연적(必然的)으로 나타난다. 이와 같은 사실(事實)은 과학정보(科學情報)의 전파요원(傳播要員)이 국가적 회합(國家的 會合)에서 자기연구(自己硏究)에 대한 정보(情報)의 전파기회(傳播機會)를 거절(拒絶)하고 따라서 전파정보(電波情報)를 판단(判斷)하고 선별(選別)하는 것을 감소(減少)시키며 결과적(結果的)으로 잡지(雜誌)나 단행본(單行本)에서 비평(批評)을 하고 추고(推敲)하는 것이 배제(排除)될 때는 유형적(有形的) 과학(科學)은 급속(急速)히 비과학성(非科學性)을 띠게 된다는 것을 Lysenko의 생애(生涯)에 대한 Medvedev의 기술중(記述中)[7]에 지적(指摘)한 것과 관계(關係)되고 있다.

• Korean Journal of Heritage: History & Science
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• v.45 no.2
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• pp.20-37
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• 2012

After withdrawal of military troops of Chinese Tang dynasty in the 18th year of King Moon-moo's reign(678), the Silla Kingdom had actually unified the Korean peninsula and had divided the territory into 9 states benchmarking the China's local administrations adjustment system. He had established local administrative units by deploying secondary capitals, counties and prefectures in the nine states. The so-called "9 Provinces and 5 Secondary capitals" are what constitutes the local administrations system. The provinces can be compared to current provinces of the Republic of Korea(hereinafter Korea), and secondary capitals to megalopolises. According to a chapter of the Samkuksaki(三?史記) which had recorded the achievements of king Kyoungdeok in December in his 16th year on the throne(757), the local administrative units had amounted to 5 secondary capitals, 117 counties and 293 prefectures. There are still lots of ambiguous points since there have never been any consultation on locations of provinces and secondary capitals' castles, and on structures of cities because the researches for local cities inside the 9 Provinces and 5 Secondary capitals in the Unified Silla Kingdom has been conducted centering on the historic literatures only. The research for restoring structures of cities seen from an archeological perspective are limited to the studies of Taewoo Park("A study on the local cities in the Unified Kingdom Age" 1987) and that of the author("A study on the restoration of planned cities for the Unified Silla Kingdom in terms of the structures and realities of the castles in the 9 Provinces and 5 Secondary capitals" 2009). The Gangneung city of Gangwon province was originally called Haseoryang(河西良) of the Gogureo Kingdom as an ancient nation of Ye(濊). According to "Samkuksaki", it had evolved from Haseoju(河西州) to a secondary capitals in the 8th year of King Seonduk(639). Afterwards, it had been renamed as Myeongju(溟洲) in the 16th year of King Kyoungduk(757), and then several other names were given to it after Goryo dynasty. Taewoo Park claims that it is being defined as a sanctuary remaining in Myoungjudong because of the vestige of bare castle, and this cannot be ascertained due to the on-going urbanization processes. Also, the Kwandong university authority is suggesting an opinion of regarding Myeongju mountain castle located 3 Kms southwest of the center of Gangwon city as commanding post for the pertinent state. The author has restored the pertinent area into a city composed of villages within a lattice framework like Silla Keumkyoung and many other cities. The structure is depicted next. The downtown of Gangneung is situated on a flat terrain at the west bank of Namdaecheon stream flowing southwest to northeast along the inner area of the city. Though there isn't any hill comparatively higher than others in the vicinity, hills are continuously linked east to west along the northern area of the downtown, and the maximum width of flat terrain is about 1 Km and is not so large. Currently, urbanization is being proceeded into the inner portion of Gangneung city, the lands in all directions from the hub of Gangneung station have been readjusted, and thus previous land-zoning program is almost nullified. However, referring to the topographic chart drawn at the time of Japanese colonial rule, it can be validated that land-zoning program to accord the lattice framework with the length of its one side equaling to 190m leaves its vestige about 0.8Km northwest to southeast and about 1.7Km northeast to southwest of the vicinity of Okcheondong, Imdangdong, Geumhakdong, Myeongjudong, and etcetera which comprize the hub of the downtown. The land-zoning vestige within the lattice framework, compared to other cases related with the '9 states and 5 secondary capitals', is very much likely to be that of the Unified Silla Kingdom. That the length of a side of a lattice framework is 190m as opposed to that of Silla Geumkyoung and other cities with their 140m or 160m long sides is a single survey item in the future. The baseline direction for zoning the lands is tilting approximately 37.5 degrees west of northwest to southeast axis in accordance with the topographic features. It seems that this phenomenon takes place because of the direction of Namdaecheon and the geographic constraints of the hills in the north. Reviewing minimally, a rectangular size of zoned land by 4 Pangs(坊) on the northwest to southeast side multiplied by 7 Pangs(坊) on the northeast to southwest side had been restored within a lattice framework. Otherwise, considering the extent of expansion of the existing zoned lands in the lattice framework and one more Pang(坊) being added to each side, it is likely that the size could have been with 5 Pangs(坊) on the northwest to southeast side multiplied by 8 Pangs(坊) on the northeast to southwest side(950 M on the northwest to southeast side multiplied by 1,520m on the northeast to southwest side). The overall shape is rectangle, but land-zoning programs reminiscent of rebuilt roads(red phoenix road) like Jang-an castle(長安城) of Chinese Tang dynasty or Pyoungseong castle(平城城) in Japan is not to be validated. There are some historic items among the roof tiles and earthen wares excavated at local administrative office sites or Gangneung's town castle in Joseon dynasty inside the area assumed to be containing municipal vestiges even though archeological survey for the vestige of Myeongju has not been made yet, and these items deserve dating back to the Unified Silla Kingdom age. Also, all of the construction sites at local administrative authorities of the Joseon dynasty are showing large degrees of slant in the azimuth. This is a circumstantial evidence indicating the fact that the inherited land-zoning programs to be seen in Gangneung in terms of the lattice framework had ever existed in the past. Also, the author does not decline that Myeongju mountain castle had once been the commanding post when reviewing the roof tiles at the edge of eaves in this stronghold. The ancient municipal castles in the Korean peninsula are composed of castles on the flat terrain as well as hilly areas and the cluster of strongholds like Myounghwal, Namhan, Seohyoung mountain castles built around municipal castle of Geumkyoung based on a lattice framework program. Considering that mountain castles are spread in the vicinity of municipal vestiges in other cities other than the 9 states and 5 secondary capitals, it is estimated that Myeongju was assuming the function of commanding post incorporating cities on the flat terrain and castles on the hills.

• Journal of Intelligence and Information Systems
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• v.21 no.4
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• pp.53-77
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• 2015

Mobile commerce provides a convenient shopping experience in which users can buy products without the constraints of time and space. Mobile commerce has already set off a mega trend in Korea. The market size is estimated at approximately 15 trillion won (KRW) for 2015, thus far. In the Korean market, social commerce and open market are key components. Social commerce has an overwhelming open market in terms of the number of users in the Korean mobile commerce market. From the point of view of the industry, quick market entry, and content curation are considered to be the major success factors, reflecting the rapid growth of social commerce in the market. However, academics' empirical research and analysis to prove the success rate of social commerce is still insufficient. Henceforward, it is to be expected that social commerce and the open market in the Korean mobile commerce will compete intensively. So it is important to conduct an empirical analysis to prove the differences in user experience between social commerce and open market. This paper is an exploratory study that shows a comparative analysis of social commerce and the open market regarding user experience, which is based on the mobile users' reviews. Firstly, this study includes a collection of approximately 10,000 user reviews of social commerce and open market listed Google play. A collection of mobile user reviews were classified into topics, such as perceived usefulness and perceived ease of use through LDA topic modeling. Then, a sentimental analysis and co-occurrence analysis on the topics of perceived usefulness and perceived ease of use was conducted. The study's results demonstrated that social commerce users have a more positive experience in terms of service usefulness and convenience versus open market in the mobile commerce market. Social commerce has provided positive user experiences to mobile users in terms of service areas, like 'delivery,' 'coupon,' and 'discount,' while open market has been faced with user complaints in terms of technical problems and inconveniences like 'login error,' 'view details,' and 'stoppage.' This result has shown that social commerce has a good performance in terms of user service experience, since the aggressive marketing campaign conducted and there have been investments in building logistics infrastructure. However, the open market still has mobile optimization problems, since the open market in mobile commerce still has not resolved user complaints and inconveniences from technical problems. This study presents an exploratory research method used to analyze user experience by utilizing an empirical approach to user reviews. In contrast to previous studies, which conducted surveys to analyze user experience, this study was conducted by using empirical analysis that incorporates user reviews for reflecting users' vivid and actual experiences. Specifically, by using an LDA topic model and TAM this study presents its methodology, which shows an analysis of user reviews that are effective due to the method of dividing user reviews into service areas and technical areas from a new perspective. The methodology of this study has not only proven the differences in user experience between social commerce and open market, but also has provided a deep understanding of user experience in Korean mobile commerce. In addition, the results of this study have important implications on social commerce and open market by proving that user insights can be utilized in establishing competitive and groundbreaking strategies in the market. The limitations and research direction for follow-up studies are as follows. In a follow-up study, it will be required to design a more elaborate technique of the text analysis. This study could not clearly refine the user reviews, even though the ones online have inherent typos and mistakes. This study has proven that the user reviews are an invaluable source to analyze user experience. The methodology of this study can be expected to further expand comparative research of services using user reviews. Even at this moment, users around the world are posting their reviews about service experiences after using the mobile game, commerce, and messenger applications.

• Korean journal of applied entomology
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• v.12 no.3
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• pp.93-107
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• 1973

Garlic (Allium sativum L.) is an important vegetable crop for the Korean people and has long been cultivated extensively in Korea. More recently it has gained importance as a source of certain pharmaceuticals. This additional use has also contributed to the increasing demand for Korean garlic. Garlic has been propagated vegetatively for a long time without control measures against virus diseases. As a result it is presumed that most of the garlic varieties in Korea may have degenerated. The production of virus-free plants offers the most feasible way to control the virus diseases of garlic. However, little is known about garlic viruses both domestically and in foreign countries. More basic information regarding garlic viruses is needed before a sound approach to the control of these diseases can be developed. Currently garlic mosaic disease is most prevalent in plantings throughout Korea and is considered to be the most important disease of garlic in Korea. Because of this importance, studies were initiated to isolate and characterize the garlic mosaic virus. Symptom expression in test plants, physical properties, purification, serological reaction and morphological characteristics of the garlic mosaic virus were determined. Results of these studies are summarized as follows. 1. Surveys made throughout the important garlic growing areas in Korea during 1970-1972 revealed that most of the garlic plants were heavily infected with mosaic disease. 2. A strain of garlic mosaic virus was obtained from infected garlic leaves and transmitted mechanically to Chenopodium amaranticolor by single lesion isolation technique. 3. The symptom expression of this garlic mosaic virus isolate was examined on 26 species of test plants. Among these, Chenopodium amaranticolor, C. quince, C. album and C. koreanse expressed chlorotic local lesions on inoculated leaves 11-12 days after mechanical inoculation with infective sap. The remaining 22 species showed no symptoms and no virus was recovered from them whet back-inoculated to C. amaranticolor. 4. Among the four species of Chtnopodium mentioned above, C. amaranticolor and C. quinoa appear to be the most suitable local lesion test plants for garlic mosaic virus. 5. Cloves and top·sets originating from mosaic infected garlic plants were $100\%$ infected with the same virus. Consequently the garlic mosaic virus is successively transmitted through infected cloves and top-sets. 6. Garlic mosaic virus was mechanically transmitted to C, amaranticolor when inoculations were made with infective sap of cloves and top-sets. 7. Physical properties of the garlic mosaic virus as determined by inoculation onto C. amaranticolor were as follows. Thermal inactivation point: $65-70^{\circ}C$, Dilution end poiut: $10^-2-10^-3$, Aging in vitro: 2 days. 8. Electron microscopic examination of the garlic mosaic virus revealed long rod shaped particles measuring 1200-1250mu. 9. Garlic mosaic virus was purified from leaf materials of C. amaranticolor by using two cycles of differential centrifugation followed by Sephadex gel filtration. 10. Garlic mosaic virus was successfully detected from infected garlic cloves and top-sets by a serological microprecipitin test. 11 Serological tests of 150 garlic cloves and 30 top-sets collected randomly from seperated plants throughout five different garlic growing regions in Korea revealed $100\%$ infection with garlic mosaic virus. Accordingly it is concluded that most of the garlic cloves and top-sets now being used for propagation in Korea are carriers of the garlic mosaic virus. 12. Serological studies revealed that the garlic mosaic virus is not related with potato viruses X, Y, S and M. 13. Because of the difficulty in securing mosaic virus-free garlic plants, direct inoculation with isolated virus to the garlic plants was not accomplished. Results of the present study, however, indicate that the virus isolate used here is the causal virus of the garlic mosaic disease in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• Journal of Science of Art and Design
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• v.11
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• pp.221-249
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• 2007

Today, photography is facing to the crisis of identity and dilemma of ontology from the digital imaging process in the new technology form. It is very important points to say rethinking of the traditional photographic medium, that has changed the way we view the world and ourselves is perhaps an understatement and that photography has transformed our essential understanding of reality. Now, no longer are photographic images regarded as the true automatic recording, innocent evidence and the mirror to the reality. Rather, photography constructs the world for our entertainment, helping to create the comforting illusions by which we live. The recognition that photographs are not constructions and reflections of reality, is the basis for the actual presence within the contemporary photographic world. It is shock. This thesis's aim is to look for the problems of photographic identity and ontological crisis that is controlling and regulating digital photographic imagery, allowing the reproduction of the electronic simulations era. Photography loses its special aesthetic status and becomes no more true information and, exclusively evidence by traditional film and paper that appeared both as a technological accuracy and as a medium-specific aesthetic. The result, photography is facing two crises, one is the photographic ontology(the introduction of computerized digital images) and the other is photographic epistemology(having to do broader changes in ethics, knowledge and culture). Taken together, these crises apparently threaten us with the death of photography, with the 'end' of photography and the culture it sustains. The thesis's meaning is to look into the dilemma of photography's ontology and epistemology, especially, automatical index and digital codes from its origin, meaning, and identity as the technological medium. Thus, in particular, thesis focuses on the analog imagery presence, from the nature in the material world, and the digital imagery presence from the cultural situations in our society. And also thesis's aim is to examine the main issues of the history of photography has been concentrated on the ontological arguments since the discovery of photography in 1839. Photography has never been only one static technology form. Rather, its nearly two centuries of technological development have been marked by numerous, competing of technological innovation and self revolution from the dual aspects. This thesis examines recent account of photography by the analysis of the medium's concept, meaning, identity between film base image and digital base image from the aspects of photographic ontology and epistemology. Thus, the structure of thesis is fairy straightforward to examine what appear to be two opposing view of photographic conditions and ontological situations. Thesis' view contrasts that figure out the value of photography according to its fundamental characteristic as a medium. Also, it seeks a possible solution to the dilemma of photographic ontology through the medium's origin from the early years of the nineteenth century to the raising questions about the different meaning(analog/digital) of photography, now. Finally, this thesis emphasizes and concludes that the photographic ontological crisis reflects to the paradoxical dynamic structure, that unsolved the origins of the medium, itself. Moreover, even photography is not single identity of the photographic ontology, and also can not be understood as having a static identity or singular status from the dynamic field of technologies, practices, and images.

• Applied Biological Chemistry
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• v.4
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• pp.1-9
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• 1963

For the studies on the Chemical compositions of Sweet potatoes grown in Korean soil, Suwon No. 118 and Suwon No. 147 were applied as the samples during growing period, and 15 varieties of swee tpotatoes as the samples or comparisons among them. As the results of the studies followings were obtained. Changes of the chemical compositions of root tuber during growing period. 1. Total weights of root tubers and mean weight per root tuber were increased gradually as grew with the values of Suwon No. 147 is higher than that of Suwon No. 18 except the weight of Suwon No. 147 on September 9. 2. The moisture content of the roots were fairy uniform. 3. While the starch contents and crude starch yield in the root tuber were gradually increased with almost parallel as grew except the values of Suwon No. 147 on September 7. were markedly higher. 4. The total weight of the Sweet potatoes per Dan-Bo (about 0.25 acre) showed increased values with Suwon No. 147 is higher than Suwon No. 118 except the unexpected lower weight of Suwon No. 147 on September 9. and the crude starch yield of Suwon No. 147 per Dan-Bo also showed higher values than that of Suwon No. 18 with almost parallel increase of them as they grew. 5. Reducing sugar contents of them showed gradual decreases at earlier stages then increases at latter stages as grew, and total sugar and sucrose of them also showed gradual increases except extremly higher contents of Suwon No. 147 and lower values of Suwon No. 118 on September 9. 6. Total protein and soluble protein contents of them showed that initial and last stages of the growth are in higher values but middle stages are fairy low values with a little changes of difference between total protein, and soluble protein. The comparisons among those varieties. 7. The moisture contents of root tuber varies from 63% to 72% among them. 8. The starch contents of Suwon No. 18 (23.9%) is highest value among them, Ko-Ke No. 14 and Won-Ki successively lower and Dae-Nong No. 45 is the lowest one. Crude starch yield (%) of Ko-Ke No. 14 and Won-Ki successively lower and Dae-Nong No.45 is the lowest one. Crude starch yield (%) of Ko-Ke No. 147 is highest value, Suwon No. 118, Won-Ki are successively lower and Do-Ip is the lowest one. 9. Won-Ki is highest value in reducing sugar content, and Do-Ip No. 2 is lowest one in it. The sucrose content of Chil-Bok is highest and Won-Ki is lowest among them. Soluble total sugar content of Yu-Sim is in highest and Chun-Mi is in lowest value. 10. Total protein content showed that Suwon No. 147 is in highest value and Yu-Sim is in lowest one. On the other hand, soluble protein contents showed that Chil-Bok is in highest value and Yu-Sim is in lowest one.

• Journal of Chest Surgery
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• v.31 no.10
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• pp.939-944
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• 1998

Background: The sugical results of the Cox-Maze procedure (CMP) for lone atrial fibrillation(AF) have proven to be exellent. However, those for AF associated with mitral valve(MV) disease have been reported to be a little inferior. Materials and methods: To assess the efficacy and safety of the CMP as a combined procedure with MV operation, we studied retrospectively our experiences. Between April 1994 and October 1997, we experienced 70 (23 males, 47 females) cases of CMP concomitantly with MV operation. Results: The etiologies of MV disease were rheumatic in 67 and degenerative in 3 cases. The mean duration of AF before sugery was 66$\pm$70 months. Fifteen patients had the past medical history of thromboembolic complications, and left atrial thrombi were identified at operation in 24 patients. Twelve cases were reoperations. Aortic cross clamp (ACC) time was mean 151$\pm$44 minutes, and cardiopulmonary bypass (CPB) time was mean 246$\pm$65 minutes. Concomitant procedures were mitral valve replacement (MVR) in 19, MVR and aortic valve replacement (AVR) in 14, MVR and tricupid annuloplasty (TAP) in 8, MVR with AV repair in 3, MV repair in 11, MVR and coronary artery bypass grafting (CABG) in 2, MVR and AVR and CABG in 1, redo-MVR in 10, redo-MVR and redo-AVR in 2 patients. The rate of hospital mortality was 1.4%(1/70). Perioperative recurrence of AF was seen in 44(62.9%), and atrial tachyarrhythmias in 10(14.3%), low cardiac output syndrome in 4(5.7%), postoperative bleeding that required mediastinal exploration in 4(5.7%) patients. Other complications were acute renal failure in 2, aggravation of preoperative hemiplegia in 1, and transient delirium in 1 patient. We followed up all the survivors for 16.4 months(3-44months) on an average. Sinus rhythm has been restored in 65(94.2%) patients. AF has been controlled by operation alone in 73.9% and operation plus medication in 20.3%. Two patients needed permanent pacemaker implantation; one with sick sinus syndrome, and the other with tachycardia- bradycardia syndrome. Only two patients remained in AF. We followed up our patients with transthoracic echocardiography to assess the atrial contractilities and other cardiac functions. Right atrial contractility could be demonstrated in 92% and left atrial contractility in 53%.We compared our non-redo cases with redo cases. Although the duration of AF was significantly longer in redo cases, there was no differences in ACC time, CPB time, postoperative bleeding amount and sinus conversion rate. Conclusions: In conclusion, the CMP concomitant with MV operation demonstrated a high sinus conversion rate under the acceptable operative risk even in case of reoperation.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.3 no.1
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• pp.28-30
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• 1978

Communication actions as a social band or Human community stick (fast) to human being ceaselessly w without stopping everywhere. All of comm. actions can be kept up and developed by the education of its own. Comm. actions have to include a character of social process, and so for it the social science should t to be some essential part of it. Therefore, Comm. education have to be schemed for achieving with a point of view of synthetical s science including technical and social factor. However, recentry Comm. education be suffered to lose of itowns essential attribute and individual i independence becausing to reduce social weight recklessly in their education It is a prindiple that Comm. science is an integrate science being composed of human, social and t technical subdepartments and so comm. education have to obey for Comm. constuctional theory, i international and social claim. Originally in Korea a educational idea and genealogy forming by the comm. scientific theory has I inherited on orthodoxy. But in 1961, communication college that is only the orthodox model of Comm. education, was f forced to close by some reckless policy and then the national administration for the Comm. education h have been weakened, and so recently it’s education became to degenerate as out of genealogy or n nonsystem alike some scattering Family. On the other side, today comm. science make to it’s modern scientific factor and to keep its l integrate level, therefore, all of educational provisions and administration for the telecomm. should t to be supplement to be fit for their plural chatacters. Comm. education have to occupy an individual educational system through the comm. theory, and t then it can be coexisted with neighbour scientific field equally and can include, connect coordinate o or effect its inference in each subfactor organically. Finally, educational system for telecommunication should to be requested as preeedence that i independent field including pluralism must be formed and sufficient autonomy be guarenteed, and s so Comm. education must be to restored its orthodox genealogy and be recovered individual system a and seIfrestraint field, and then it can be accomplished its own duty for nation and society.