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Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
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    • no.55
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    • pp.137-166
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    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

A Study on Taoism Theory in the Former Half of Joseon Dynasty (조선 전기 도가사상 연구 - 「심기리편(心氣理篇)」과 『조선왕조실록』에 나타난 '도가'를 중심으로 -)

  • Kim, Youn Gyeong
    • The Journal of Korean Philosophical History
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    • no.43
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    • pp.9-32
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    • 2014
  • Until now, the studies researching the Taoism theories of Joseon Dynasty have mainly dealt around the latter half of Joseon Dynasty. The reason for that was because the 5 cribs of a book Lao Tzu and the 2 crib of a book Changzi were produced after the Imjin-Year Korean-Japanese War(壬辰倭亂,Imjin Waeran). Therefore this thesis extracted the mentions about Taoism from about 200-year history records from Jeong Do-Jeon's Theory, which was the theoretical foundation for early days of Joseon's foundation and the history book King Taejong's Annals(太宗實錄) contained in The Annals of Joseon Dynasty(朝鮮王朝實 錄) and analyzed the extracted historic data as the first work contemplating how the Taoism theories were developed during the first half of Joseon Dynasty. From the analysis, this study drew out the findings as follows. Jeong Do-Jeon and Gwon Geun sharply criticized the Taoism for that it pursued for the techniques of longevity for oneself without moral. They tried to establish the identity of neo-Confucianism on the foundation criticizing the Taoism and the Buddhism. Since then, the Taoism was transformed through the 3 stages in The Annals of Joseon Dynasty. The first stage was the stage transformed 'Lao Tzu' as the witchcraft master of long-live, the technique of the taoist hermit and the super god in Taoism, and regarded the Taoism as heresy and excluded the Taoism. Second stage was the stage trying to see the book Lao Tzu as the core of Taoism theory separately from the 'Hermit Witchcraft' and the 'Taoist gods' the target of fortune-pursue religion beyond from the primary discussion of exclusion. Third stage was revealed as the respects on the art of politics and the art of living described in the book Lao Tzu. That is, the Taoism theories in the first half of Joseon Dynasty was developed with various spectrums from the early days of Joseon's foundation to 15~16 centuries beyond Joseon's strong suppression against the Taoism and the Buddhism in early days. That is the point that the Taoism in the first half of Joseon Dynasty can't be simply interpreted in the neo-Confucianism. During the firs half of Joseon Dynasty, the warm attitude toward the Taoism was created differently from the attitude against suppressing it as a cult, which had been created in the early days of Josen's foundation, and there appeared the changes accepting the art of living and the art of politics theoretically integrating with the Confucianism theories. That is, the book 'Lao Tus' became accepted as the Confucian country's arts of living and politics from a cult book pursuing for immoral log and immortal life. Such acception is revealed as the appearance actively interpreting the books about Laoism in the latter half o Joseon Dynasty.

A interpretive Study of the Analects of Confucius's 'Ren(仁)' (『논어(論語)』의 '인(仁)'에 관한 해석학적(解釋學的) 연구(硏究))

  • Seo, Geun-sik
    • (The)Study of the Eastern Classic
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    • no.36
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    • pp.31-56
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    • 2009
  • The core thought of Confucius("論語") is 'Ren(仁)'. Then, how ought we to interpret this 'Ren(仁)'? In this study, the researcher has interpreted 'Ren(仁)' from the perspective of Xiujizhiren(修己治人), which is the doctrine of Confucianism and its ideal. At first, the researcher closely reviewed Ren(仁) on the viewpoint of Xiuyang (修養). Ren(仁) is the most fundamental virtue that enables general populace to equip with their qualification as a human being. Specifically, to live like a human being, Ren(仁) is a must. That is to say, it will suffice if we only can expose well what was already cherished inside us, rather than exerting efforts to attain Ren(仁), in some contexts, that must achieve in order to live like a human being. The reason that we exert our efforts for self-cultivation is to bring this Ren(仁), which is foundation of human life, before the public. Even in relationship-building, Ren(仁) is necessary. Human being is not an existence that can live alone, but at all times, humans are required to build a relationship with others. To make this relationship-building lead into right direction, we need to think of that the standpoint of oneself and the other are identical. That is, when I myself and the other person are in the most optimal situation, then a right relationship-building can take place. This most optimal status is Ren(仁). The ideal of Confucianism is to establish a society where all people can enjoy their comfortable life. To accomplish such a society, each individual and society ought to be benevolent and to cherish humanity at the first place. That is to say, people should attain Ren(仁) from both aspects of Xiuji(修己) and Zhiren (治人). If Ren(仁) has not been attained from any of either side, then it is hard to say that the ideal of Confucianism is completely realized. However, Zhiren(治人) must be backed up by Xiuji(修己). For this reason, Kongzi(孔子) presented three steps in connection with this cultivation process, to wit, 'Cultivation of himself in reverential carefulness'(修己以敬) ${\rightarrow}$ 'Cultivation of himself so as to give rest to others'(修己以安人) ${\rightarrow}$ 'Cultivation of himself so as to give rest to all the people'(修己以安百姓). It is noticeable that Xiuji(修己) is included in all three phases. The society that Kongzi(孔子) longed for is still valid in this modern world. Therefore, Ren(仁) which was edified by Kongzi(孔子) is necessary for today's society. If we don't interpret Ren(仁) as with a fixed term lying stagnant in one place, then its definition shall be interpreted newly so as to suit the times and the situation of civil society, thus this Ren(仁) shall be the foundation for building a desirable society for humans.

Viewpoint on the Analects of Confucius and the Learning Direction of Seokjeong JEONG-JIK LEE in Modern Enlightenment Period (근대계몽기 석정 이정직의 논어관과 학습의 방향)

  • Lee, Seung-yong
    • (The)Study of the Eastern Classic
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    • no.71
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    • pp.147-180
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    • 2018
  • Seokjeong JEONG-JIK LEE is a scholar who tried to render a form of service for his country by writing works of literature during the crisis of the Period of Modern Enlightenment. He mainly expressed his perception of reality through an evaluation of historical figures. He left behind a text on the Analects of Confucius, which is known as the '10 questions and answers regarding the Analects of Confucius', in his posthumous work. It seems that he wrote it to be used as lecture material for his students. The purpose of this thesis is to analyze his recognition to the Analects of Confucius and its learning direction expressed in the writing '10 questions and answers regarding the Analects of Confucius'. With respect to the word ren(仁), which is the most fundamental concept of the Analects, he viewed his life in an introspective way from the standpoint of a 'Hoinyupe(好仁有蔽)', which means that if you like kindness and fairness but don't like learning it, then there will be negative effects, and through the 'Gwangwajiin(觀過知仁)', which means that you will know for sure kindness and fairness when you observe wrongdoing, not the general viewpoint of 'Humaneness or Love'. He tried to determine the meaning of ren, and virtue(德) through a common denominator from an overall point of view. It might have been a reflection of his thoughts that a sound comprehension of powerful countries was needed. In terms of relationship between Gunja(君子) and Myeong(命), Gunja needs to make constant efforts to understand Myeong as a talented person who can maintain order. The direction of learning was examined under three categories: Jongipjibang (從入之方), Gunjajiryu(君子之類), and Sumunihae(隨文而解). Jongipjibang is defined as a way to complement the weaknesses of leaners according to their characteristics and it promotes a focus on pushing ethics into practice rather than acquiring knowledge as it is today. Gunja was classified into 3 stages. However, it merely provides standards to help learners' understandings, so not all students may fall into these stages. Sumunihae gives explanations of commentaries on the book. Seokjeong remarked that the meaning was not different even if the same concept was annotated differently in the "Four Books". This is because the context was emphasized according to the principle of 'Sosisojeol Pilchakpilseom (所始所切, 必着必贍)'.

Water Digital Twin for High-tech Electronics Industrial Wastewater Treatment System (II): e-ASM Calibration, Effluent Prediction, Process selection, and Design (첨단 전자산업 폐수처리시설의 Water Digital Twin(II): e-ASM 모델 보정, 수질 예측, 공정 선택과 설계)

  • Heo, SungKu;Jeong, Chanhyeok;Lee, Nahui;Shim, Yerim;Woo, TaeYong;Kim, JeongIn;Yoo, ChangKyoo
    • Clean Technology
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    • v.28 no.1
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    • pp.79-93
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    • 2022
  • In this study, an electronics industrial wastewater activated sludge model (e-ASM) to be used as a Water Digital Twin was calibrated based on real high-tech electronics industrial wastewater treatment measurements from lab-scale and pilot-scale reactors, and examined for its treatment performance, effluent quality prediction, and optimal process selection. For specialized modeling of a high-tech electronics industrial wastewater treatment system, the kinetic parameters of the e-ASM were identified by a sensitivity analysis and calibrated by the multiple response surface method (MRS). The calibrated e-ASM showed a high compatibility of more than 90% with the experimental data from the lab-scale and pilot-scale processes. Four electronics industrial wastewater treatment processes-MLE, A2/O, 4-stage MLE-MBR, and Bardenpo-MBR-were implemented with the proposed Water Digital Twin to compare their removal efficiencies according to various electronics industrial wastewater characteristics. Bardenpo-MBR stably removed more than 90% of the chemical oxygen demand (COD) and showed the highest nitrogen removal efficiency. Furthermore, a high concentration of 1,800 mg L-1 T MAH influent could be 98% removed when the HRT of the Bardenpho-MBR process was more than 3 days. Hence, it is expected that the e-ASM in this study can be used as a Water Digital Twin platform with high compatibility in a variety of situations, including plant optimization, Water AI, and the selection of best available technology (BAT) for a sustainable high-tech electronics industry.

Evaluating efficiency of Vertical MLC VMAT plan for naso-pharyngeal carcinoma (비인두암 Vertical MLC VMAT plan 유용성 평가)

  • Chae, Seung Hoon;Son, Sang Jun;Lee, Je Hee
    • The Journal of Korean Society for Radiation Therapy
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    • v.33
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    • pp.127-135
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    • 2021
  • Purpose : The purpose of the study is to evaluate the efficiency of Vertical MLC VMAT plan(VMV plan) Using 273° and 350° collimator angle compare to Complemental MLC VMAT plan(CMV plan) using 20° and 340° collimator angle for nasopharyngeal carcinoma. Materials & Methods : Thirty patients treated for nasopharyngeal carcinoma with the VMAT technique were retrospectively selected. Those cases were planned by Eclipse, PO and AcurosXB Algorithm with two 6MV 360° arcs and Each arc has 273° and 350° of collimator angle. The Complemental MLC VMAT plans are based on existing treatment plans. Those plans have the same parameters of existing treatment plans but collimator angle. For dosimetric evaluation, the dose-volumetric(DV) parameters of the planning target volume (PTV) and organs at risk (OARs) were calculated for all VMAT plans. MCSv(Modulation complexity score of VMAT), MU and treatment time were also compared. In addition, Pearson's correlation analysis was performed to confirm whether there was a correlation between the difference in the MCSv and the difference in each evaluation index of the two treatment plans. Result : In the case of PTV evaluation index, the CI of PTV_67.5 was improved by 3.76% in the VMV Plan, then for OAR, the dose reduction effect of the spinal cord (-14.05%) and brain stem (-9.34%) was remarkable. In addition, the parotid glands (left parotid : -5.38%, right : -5.97%) and visual organs (left optic nerve: -4.88%, right optic nerve: -5.80%, optic chiasm : -6.12%, left lens: -6.12%, right lens: -5.26%), auditory organs (left: -11.74%, right: -12.31%) and thyroid gland (-2.02%) were also confirmed. The difference in MCSv of the two treatment plans showed a significant negative (-) correlation with the difference in CI (r=-0.55) of PTV_54 and the difference in CI (r=-0.43) of PTV_48. Spinal cord (r=0.40), brain stem (r=0.34), and both salivary glands (left: r=0.36, right: r=0.37) showed a positive (+) correlation. (For all the values, p<.05) Conclusion : Compared to the CMV plan, the VMV plan is considered to be helpful in improving the quality of the treatment plan by allowing the MLC to be modulated more efficiently

A study of the tensile bond strength between Polyetherketoneketone (PEKK) and various veneered denture base resin (Polyetherketoneketone (PEKK)과 다양한 의치상용 전장 레진 간의 인장결합강도에 관한 연구)

  • Park, Yeon-Hee;Seo, Jae-Min;Lee, Jung-Jin
    • The Journal of Korean Academy of Prosthodontics
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    • v.60 no.3
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    • pp.231-238
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    • 2022
  • Purpose. This study aimed to investigate the effect of different veneering methods on the tensile bond strength between polyetherketoneketone (PEKK) and denture base resins. Materials and methods. A total of 80 PEKK T-shaped specimens were fabricated and the primer (Visio.link) was applied after airborne-particle abrasion with 110 ㎛ alumina oxide powder. According to the veneering method, the specimens were divided into four groups (n = 20) to be veneered with the gingival colored packable photopolymerized composite resin (SR Adoro); flowable photopolymerized composite resin, (Crea.lign); heat-polymerized resin (Vertex); and self-polymerized resin (ProBase Cold). Each group was divided into two subgroups (n = 10) according to the artificial thermal aging. After the tensile bond strength measurement via universal testing machine, the fracture sections of all specimens were observed. Two-way ANOVA and Tukey's HSD post hoc test were used for the statistical analysis (α = .05). Results. The results of the two-way ANOVA showed statistically significant differences in the tensile bond strength according to the veneering method and artificial thermal aging of denture base resins (P<.001). The highest tensile bond strength showed in the packable photopolymerized resin group before and after the artificial thermal aging. The lowest tensile bond strength showed in the heat-polymerized resin group. The mixed and adhesive fracture showed in all groups. Conclusion. The veneering method and artificial thermal aging can influence in the tensile bond strength between the resin and PEKK. The artificial thermal aging can reduce the tensile bond strength.

Preliminary Result of Revision Fusion Surgery for Thoracolumbar Spine Using Revision Rod (Revision Rod를 이용한 흉요추 유합 재수술 예비 결과)

  • Youn, Yung-Hun;Cho, Kyu-Jung;Park, Ye-Su;Park, Jae-Woo;Park, Jin-Sung;Kwon, Won-Hwan
    • Journal of the Korean Orthopaedic Association
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    • v.55 no.6
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    • pp.520-526
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    • 2020
  • Purpose: The need for revision fusion surgery after spinal fusion has increased. A revision rod that connects to the previous rod was newly developed for revision surgery. The purpose of this study was to analyze the clinical and radiological results after spinal fusion revision surgery using revision rods. Materials and Methods: Twenty-one patients who underwent revision fusion surgery after spinal fusion in two university hospitals with minimum 1 year follow-up were reviewed. This study assessed 16 cases of adjacent-segment disease, four cases of thoracolumbar fracture, and one case of ossification of ligament flavum. The Oswestry Disability Index (ODI) and numerical rating scale (NRS) were evaluated as clinical outcomes, and the union rate, lordosis or kyphosis of the revision level, lumbar lordosis, T5-12 kyphosis, and proximal junctional kyphosis angle were evaluated as the radiological outcomes. Results: The average ODI was 54.6±12.5 before surgery and improved to 29.8±16.5 at the final follow-up. The NRS for back pain and leg pain was 5.0±1.7 and 6.4±2.0 before surgery, which changed to 2.9±1.6 and 2.9±2.2 at the final follow-up. Lumbar lordosis was 18.1°±11.9° before surgery and 21.1°±10.3° at the final follow-up. Proximal junctional kyphosis was 10.8°±10.1° before surgery, and 9.2°±10.5° at the final follow-up. These angles were not changed significantly after surgery. Bony union was successful in all cases except for one case who underwent posterolateral fusion. Conclusion: Revision surgery using a newly developed revision rod on the thoracolumbar spine achieved good clinical outcomes with successful bony union. No problems with the newly developed revision rod were encountered.

The effect of the mother's modeling and feeding practices on the eating behavior of young children (어머니의 모델링과 식사 지도가 유아의 식행동에 미치는 영향)

  • Sim, Hyeonmi;Han, Youngshin;Lee, Kyung A
    • Journal of Nutrition and Health
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    • v.55 no.2
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    • pp.296-308
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    • 2022
  • Purpose: To investigate the effect of a mother's modeling and feeding practices on the eating behavior of the children. Methods: From April to June 2018, 1,036 young children aged 2 to 6 years and their mothers in Gyeongsan, Gyeongsangbuk-do, were examined for their eating behavior and feeding practices using a verified dietary behavior test (DBT). The children's dietary behavior was classified into four categories: "access evasiveness", "sensory acuity", "hyperactivity", and "irregularity". The mother's eating behavior was classified into three categories: "pickiness", "negligence", and "irregularity", and feeding practice types were classified into two categories: "responsibility/monitoring", and "restriction/pressure". The differences between the groups were tested using the t-test, ANOVA, and Duncan's multiple range test. The influence of feeding practices on the children's eating behavior was analyzed by hierarchical regression analysis while controlling for the mother's modeling. Results: The problem rates of irregularity, negligence and pickiness in the mother's modeling were 33.7%, 22.8%, and 20.7%, respectively. An analysis of the mother's feeding practices revealed that responsibility/monitoring had a middle, high and low significance in 74.2%, 17.3%, and 8.5% of respondents, respectively and the risk rate of restriction/pressure when guiding children to eat was 15.3%. The problem rates for sensory acuity, access evasiveness, irregularity, and hyperactivity in children were 27.9%, 26.1%, 24.8%, and 22.0%, respectively. Among the four eating behavior characteristics of children, the child's access evasiveness and sensory acuity were more affected by their pickiness rather than the mother's feeding practices, and the child's hyperactivity was more influenced by feeding practices than the mother's eating behavior. The child's irregularity was similarly affected by the mother's eating behavior and feeding practices. Conclusion: Since the mother's eating behavior and feeding practices affect the children's eating behavior, a diet improvement program for children should consider not only the nutrition education of children but also the mother's eating behavior and provide the necessary intervention for feeding practices.

Comparative Analysis of Mitochondrial Genomes of the Genus Sebastes (Scorpaeniformes, Sebastidae) Inhabiting the Middle East Sea, Korea (한국 동해 중부해역에 서식하는 볼락속(Sebastes) 어류의 미토콘드리아 유전체 비교분석)

  • Jang, Yo-Soon;Hwang, Sun Wan;Lee, Eun Kyung;Kim, Sung
    • Korean Journal of Ichthyology
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    • v.33 no.4
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    • pp.226-239
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    • 2021
  • Sebastes minor, Sebastes trivittatus, Sebastes owstoni, and Sebastes steindachneri are indigenous fish species inhabiting the central part of the East Sea, Korea. In order to understand the molecular evolution of these four rockfishes, we sequenced the complete mitochondrial genomes (mitogenomes) of S. minor and S. trivittatus. To further analyze the phylogeny of Sebastes species, the mitogenomes of 16 rockfishes were comparatively investigated. The complete mitochondrial DNA (mtDNA) nucleotide sequences of S. minor and S. trivittatus were 16,408 bp and 16,409 bp in length, respectively. A total of 37 genes were found in mtDNA of S. minor and S. trivittatus, including 13 protein-coding genes, 2 ribosomal RNA genes, and 22 transfer RNA genes, which exhibited similar characters with other Sebastes species in the East Sea, Korea. In addition, we detected a conserved motif "ATGTA" in the control region of the four Sebastes species, but no tandem repeat units. Comparative analyses of the congeneric mitochondrial genomes were performed, which showed that control regions were more variable than the concatenated protein-coding genes. As a result of analysing phylogenetic relationships of four Sebastes species by using concatenated nucleotide sequences of 13 protein-coding genes, S. minor, S. trivittatus, S. owstoni and S. steindachneri were clustered into three clades. The phylogenetic tree exhibited that S. minor and S. steindachneri shared a closer relationship, whereas S. trivittatus and S. vulpes formed another distinct clade. Our results contribute to a better understanding of evolutionary patterns of Sebastes species inhabiting the middle East Sea, Korea.