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Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

LONG TERM GINSENG EFFECTS ON HYPERLIPIDEMIA IN MAN WITH FURTHER STUDY OF ITS ACTIONS ON ATHEROGENESIS AND FATTY LIVER IN RATS (사람의 과지혈증과 동맥경화 및 흰쥐 지방간에 미치는 인삼의 장기복용 효과 연구)

  • Yamamoto Masahiro;Kumagai Akira
    • Proceedings of the Ginseng society Conference
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    • 1984.09a
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    • pp.13-19
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    • 1984
  • In the previous symposium, authors reported about anti-atherogenic action of Panax ginseng, saying that red-ginseng powder increased serum HDL-cholesterol, decreased total cholesterol, TG, NEFA, in addition, decreased platelet adhesiveness. Later, Toyama group including me. reported that ginsenosides esp. $Rb_2$ enhanced HDL and decreased LDL. Also Matsuyama group and Kinki Univ. group reported that ginsenosides $Rg_1,\;Rb_2,$ etc. inhibited platelet aggregation. This paper will be divided into two parts: Experimental and clinical Experimental study; Using a highcholesterol-cholic acid-fed rats, effects of red ginseng extract and several ginsenosides on serum apoprotein-lipoproteins in relation to prostaglandins. Rats received $2\%$ cholesterol 1-1$\%$ cholic acid diet, ginseng extract or ginsenosides 2.5mg/100g/day for 9 days. Red ginseng extract, ginsenosides $Rb_2,\;Rc,\;Rb_1,\;and\;Rg_1,\;esp.\;Rb_2,$ increased HDL, apo-AI, Aii and $PGI_2,$ while they decreased LDL, apo-B and $TXA_2$. Clinical study: Effect of red ginseng powder on hyperlipidemia was observed. Long term administration of red ginseng powder manufactured by Office of Monopoly, Republic of Korea and offered by Japan-Korea Korean Ginseng Co., Kobe, at the dose of 2.7 g/day, was performed in patients with hyperlipidemia up to 4 years. The significant increase in serum HDL-cholesterol and also the significant decrease in total cholesterol, atherogenic index, TG, NEFA and lipoperoxide was observed with 3-48 month administration of red ginseng. Conclusions: Red ginseng and ginsenosides improved hyperlipidemia in rats and in man, with the improvement of blood apoproteins, lipoproteins and prostaglandins in experimental hyperlipidemic animals.

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Beneficial Effect of Korea Red Ginseng on Halitosis; Attenuation of H2S Induced Inflammatory Mediators and cystathionine γ-lyase Expression (고려홍삼의 구강악취 억제기능; H2S 생성에 따른 염증매개 유전자 및 cystathionine γ-lyase의 약화기능)

  • Choi, Ki-Seok;Lee, So-Jung;Lee, Jeong-Sang;Hong, Kyung-Sook;Kim, Jeong-Gon;Kim, Yoon-Jae;Hahm, Ki-Baik
    • Journal of Ginseng Research
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    • v.33 no.4
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    • pp.367-377
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    • 2009
  • Halitosis is a generally accepted marker of diseases in the oral cavity and of systemic and gastrointestinal disorders. Based on these authors' previous findings (that (1) there is a close association between H. pylori infection and halitosis; (2) Korea red ginseng may suppress the colonization of H. pylori, fight H. pylori-induced cytotoxicity, and impose significant anti-inflammatory actions in patients with chronic gastritis; and (3) H. pylori infection is linked with the generation of significant levels of volatile sulfur compounds (VSCs), and the levels of VSCs correlate significantly with H. pylori-associated mucosal damages), in the current study, the authors documented the molecular mechanisms of Korea red ginseng's efficacy in ameliorating halitosis. When the RAW 264.7 cells were treated with the $H_2S$ releasing compound NaHS, the mRNA expression of cystathionine ${\gamma}$-lyase (CSE), IL-6, COX-2, and iNOS were more significantly induced compared with the vehicle-treated group. The cytoskeletal components of ezrin's and moesin's mRNA expressions were elevated by NaHS treatment accompanied by the activation of MAPK, p38, and ERK. Korea red ginseng pretreatment reduced both the NaHS-induced CSE expression and the proinflammatory genes (e.g., IL-6, COX-2, and iNOS) in a concentration-dependent manner. The ERM expression and the phosphorylation of p38 were also significantly reduced by Korea-red-ginseng pretreatment. Overall, Korea red ginseng pretreatment imposed significant anti-inflammatory effects through the downregulation of the NaHS-triggered proinflammatory gene expression, CSE, and ERM mRNA expression. Korea red ginseng could thus be said to be a key remedy of halitosis and to be effective in relieving gastric inflammation.

${\ll}$황제내경(黃帝內經)${\gg}$ 의 심(心)의 개념(槪念)과 장상(藏象)에 대한 연구(硏究)

  • Lee Yong-Beom;Bang Jeong-Gyun
    • Journal of Korean Medical classics
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    • v.13 no.1
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    • pp.269-303
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    • 2000
  • The xin(心) has various meanings in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ but they sometimes contradict each other. This thesis divided the xin into the meaning and the Zang-xiang(藏象), and then analyzed the xin's notion in detail. The concept of the xin in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ is sorted out into : the notion of space, yin-yang five elements(陰陽五行) and shen(神) The xin is the upper part of body and it possesses the character of yang(陽). So the concept of the breast has originated from this character and it rightly belonged to the top. The xin is assigned to fire among five elements, 'chang(長)', which has the energy of moving forward, noon at a day when yang-qi(陽氣) is properous and shows 'gu(鉤)' & 'keo(矩)' in pulse condition. The xin possesses the character, 'Taiyang of the yang(陽中之太陽)' along with the notion of space combined with five elements. That is, the notion of upper space means 'of the yang(陽中)', and, fire in five elements means 'yang'. This is similar to '=(Taiyang)' of Sasang(四象) at ${\ll}$the Book of Changes(周易)${\gg}$ Since the xin puts shen(神) in order, actions of spirit have effect on the xin. And it depends whether the sense of vitality is broad or narrow. The xin related with broad sense of spirit is 'monarch of the organs(君主之官)'. Therefore it has control over the human body. As it also directly effects the life or death, Pericardium(心句) substitutes the xin and protects the external invasion. In Shi-er-won(十二原) and Bonsu(本輸), instead of the Xin Channel the Pericardium Channel was used in healing patients. The xin can be interpretable as the mind, because the xin includes spirit. The mind can be distinguished into 'desire' and 'state of profound reason'. In ${\ll}$Huangdineijing(黃帝內徑)${\gg}$, the disease of the xin caused by emotion was mentioned many times. This emotion is 'desire' which resorted to the sentiment. The reason one mind has both character is; man preserves given principle (reason) and emotion reveals via the reason exercised. The above is about the xin related with the broad sense of vitality. Concerning the narrow sense of vitality, one of the five vitalities is stored with the others away in the five solid organs. Then it takes part in the operation of five body constituents and it is linked with the personified description of five solid organs. The xin, spleen, stomach and kidney are 'the ground of life'. Spleen and stomach are the origin of making qi and blood, which 'means the ground after birth'. Kidney keeps the essence of life, and manages the growing and generative function of human body. The xin keeps 'Shin-myung(神明)', in other words, it has control over and supervise whole activity of body. Therefore xin's role is needed for the appropriate working of spleen, stomach and kidney. And 'Shin-myung' is its motive power. In ${\ll}$Huangdineijing(黃帝內經)${\gg}$, the reason why xin was assigned to September and October is that yang-qi of the human body goes to the inner part, with xin at the same time. This explains that yang-qi of the human body is adapted to change of season and goes into xin-fire(心火) in order to get away from the cold. In this case, heart means more inner part than liver, spleen and lung. Mengzi(孟子), philosopher of the China's turbulent ages emphasized the thinking function of xin. Sunzi(荀子) asserted that xin is 'heaven monarch(天君)' and the other organs are 'heaven rninisters(天官)'. This conception is similar to 'monarch of the organs' of ${\ll}$Huangdineijing(黃帝內經)${\gg}$. After the Ming Dynasty, commentators of Huangdineijing(黃帝內經) explained the heart, as 'monarch of the organs', or 'the master of body(一身之主)'. This was due to the influence of Sung Confucianism.

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Ethanol Extract of Schisandra chinensis (Turcz.) Baill. Reduces AICAR-induced Muscle Atrophy in C2C12 Myotubes (마우스 C2C12 근관세포에서 AICAR로 유도된 근위축에 미치는 오미자 추출물의 영향)

  • Kang, Young-Soon;Park, Cheol;Han, Min-Ho;Hong, Su-Hyun;Hwang, Hye-Jin;Kim, Byung Woo;Kim, Cheol Min;Choi, Yung Hyun
    • Journal of Life Science
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    • v.25 no.3
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    • pp.293-298
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    • 2015
  • Muscle atrophy, known as a sarcopenia, is defined as a loss of muscle mass resulting from a reduction in the muscle fiber area or density due to a decrease in muscle protein synthesis and an increase in protein breakdown. Schisandrae fructus (SF) extract of the fruits of Schisandra chinensis (Turcz) Baillon has been used as a tonic in traditional medicine for thousands of years. Although a great deal of work has been carried out on the therapeutic potential of SF, its pharmacological mechanisms of action in muscle diseases actions remain unclear. In the present study, we investigated the inhibitory effects of SF ethanol extracts on the production of muscle atrophy factors in C2C12 myotubes stimulated with 5-aminoimidazole-4-carboxamide-ribonucleotide (AICAR), an AMP-activated kinase (AMPK) activator, and sought to determine the underlying mechanisms of action. AICAR upregulated atrophy-related ubiquitin ligase muscle RING finger-1 (MuRF-1) and stimulated the levels of the forkhead box O3a (FoxO3a) transcription factor in the C2C12 myotubes. SF supplementation effectively and concentration- dependently counteracted AICAR-induced muscle cell atrophy and reversed the increased expression of MuRF-1 and FoxO3a. Our study demonstrates that SF can reverse the muscle cell atrophy caused by AICAR through regulation of the AMPK and FoxO3a signaling pathways, followed by inhibition of MuRF-1.

A Study on the Reliability Analysis and Risk Assessment of Liquefied Natural Gas Supply Utilities (천연가스 공급설비에 대한 기기신뢰도 분석 및 위험성 평가)

  • Ko, Jae-Sun;Kim, Hyo
    • Fire Science and Engineering
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    • v.17 no.1
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    • pp.8-20
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    • 2003
  • Natural gas has been supplied through underground pipelines and valve stations as a new city gas in Seoul. In contrast to its handiness the natural gas has very substantial hazards due to fires and explosions occurring from careless treatments or malfunctions of the transporting system. The main objectives of this study are to identify major hazards and to perform risk assessments after assessing reliabilities of the composing units in dealing with typical pipeline networks. there-fore two method, fault tree analysis ;1nd event tree analysis, are used here. Random valve stations are selected and considered its situation in location. The value of small leakage, large rupture, and no supply of liquefied natural gas is estimated as that of top event. By this calculation the values of small leakage are 3.29 in I)C valve station, 1.41 in DS valve station, those of large rup-lure are $1.90Times10_{-2}$ in DC valve station, $2.32$\times$10^{-2}$ in DS valve station, and those of no supply of LNG to civil gas company are $2.33$\times$10 ^{-2}$ , $2.89$\times$10^{-2}$ in each valve station. And through minimal cut set we can find the parts that is important and should be more important in overall system. In DC valve station one line must be added between basic event 26,27 because the potential hazard of these parts is the highest value. If it is added the failure rate of no supply of LNG is reduced to one fourth. In DS valve station the failure rate of basic event 4 is 92eye of no supply of LNG. Therefore if the portion of this part is reduced (one line added) the total failure rate can be decreased to one tenth. This analytical study on the risk assessment is very useful to prepare emergency actions or procedures in case of gas accidents around underground pipeline networks and to establish a resolute gas safety management system for loss prevention in Seoul metropolitan area.

Morphogenetic Environment of Jilmoe Bog in the Odae Mountain National Park (오대산국립공원 내 "질뫼늪"의 지형생성환경)

  • Son, Myoung-Won;Park, Kyeong
    • Journal of the Korean association of regional geographers
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    • v.5 no.2
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    • pp.133-142
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    • 1999
  • The wetland is very important ecologically as a habitat of diverse organisms. The purpose of this paper is to elucidate the morphogenetic environment of Jilmoe Bog found in the Odae Mountain National Park Jilmoe Bog is located in the high etchplain(1,060m) where Daebo Granite which had intruded in Jura epoch of Mesozoic era has weathered deeply and has uplifted in the Tertiary. The annual mean temperature of study area is $5.3^{\circ}C$, the annual precipitation is 2,888mm. The minimun temperature of the coldest month(january) is below $-30^{\circ}C$ and the depth of frozen soil is over 1.6m. Jilmoe bog consists of a large bog and a small bog. The length of the large bog is 63m and its width is 42m. The basal surface of Jilmoe bog is uneven. Jilmoe bog is a string bog fanned due to frost actions. In String bog, its surface is wavy with stepped dry hills and net-like troughs crossing hill slope. It seems that string bog is related to the permofrost or seasonal permofrost of cold conifer forest(taiga) zone(where the depth of frozen soil is very deep in the least in winters). String bog is a kind of thermokarst that frozen soil thaws differentially locally in declining permofrost and ground surface becomes irregular. There is turf-banked terracette of width $30{\sim}40cm$ in the headwall of small cirque-type nivation hollow formed at footslope of Maebong mountain around Jilmoe bog. This turf-banked terracette is formed by the frost growth of soil water below grass mat in periglacial climate environment. Where water is plentiful such as a nivation follow${\sim}$valley corridor and a headwall of valley, turf patterned grounds of width $30{\sim}50cm$ are found. This turf patterned ground is 'unclassified patterned ground', earth hummock. In conclusion, Jilmoe bog is a string bog of thermokarst that the relief of ground surface is irregular according to locally differentially thawing of permofrost(frozen soil). Jilmoe bog is high moor, its surroundings belongs to periglacial environment that turf-banked terracette and turf patterned ground are fanned actively.

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Anti-atherogenic Effect of Green Tea Product through Hypolipidemic and Anti-oxidative Action in Ovariectomized Rats (난소절제 흰쥐에서 녹차가공품의 지질강하와 항산화 작용을 통한 항동맥경화 효과)

  • Cho, Mi-Kyung;Noh, Kyung-Hee;Kim, Jin-Ju;Song, Young-Sun
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.36 no.10
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    • pp.1263-1270
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    • 2007
  • This study was carried out to investigate the effect of green tea product (GTP) on the risk factors of atherosclerosis in ovariectomized (OVX) rats. Sprague-Dewley female rats (10 weeks) weighing approximately $279{\pm}2g$ were divided into 4 groups: sham operated control group treated with high cholesterol diet (Sham-C), OVX control group treated with high cholesterol diet (OVX-C), OVX-G 5% group treated with high cholesterol containing 5% GTP and OVX-G 20% group treated with high cholesterol diet containing 20% GTP. Serum TG concentrations was lower in OVX-G 20% group than in the OVX-C group, whereas ratio of HDL-cholesterol to total cholesterol (%) was significantly (p<0.05) increased in the 20% GTP supplementation group than in the Sham-C and OVX-C groups. Tumor necrosis $factor-{\alpha}$ levels were significantly (p<0.05) decreased in the OVX-G 20% group. Hepatic TG levels were significantly (p<0.05) lowered in OVX-G 20% group than in the other groups. Glutathione levels and antioxidant enzyme activities including glutathione-reductase and Mn-superoxide dismutase in liver were significantly (p<0.05) higher in the OVX-G 20% group in the OVX-C group. Fecal total cholesterol concentrations were increased in the GTP supplementation groups than in the OVX-C group. From the above results, it is concluded that GTP may reduce the risk of atherosclerosis via hypolipidemic action. Therefore, it may be used to possibly improve the hyperlipemia in menopausal women.

Changes in Contents of γ-Aminobutyric Acid (GABA) and Isoflavones in Traditional Korean Doenjang by Ripening Periods (전통된장의 숙성기간에 따른 γ-Aminobutyric Acid(GABA), Isoflavone 함량 변화)

  • Jo, Seong-Jin;Hong, Chung-Oui;Yang, Sung-Yong;Choi, Kyong-Kun;Kim, Hyeong-Kook;Yang, Hyok;Lee, Kwang-Won
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.40 no.4
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    • pp.557-564
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    • 2011
  • This study was performed to investigate changes in ${\gamma}$-aminobutyric acid (GABA) and isoflavones in traditional Korean Doenjang according to ripening periods. The traditional Korean Doenjang used in this research was produced at Seowon Agricultural Cooperative in Gangwon-do Province, and samples fermented for periods of 1, 3, 5, 7, and 10 years were used. Doenjang that was not fermented after production was used as a control group. The analysis results of general constituents indicated a decreasing tendency for moisture after a momentary increase until three years of fermentation. The pH and Hunter color values of the Doenjang samples decreased overtime. In the case of amino acids, generally there were no notable differences during fermentation, but glutamic acid, the precursor of GABA, significantly decreased with fermentation. GABA content for the control group was $24.9{\pm}0.8\;mg$/kg, while the traditional Korean Doenjang fermented for 1 year contained $43.8{\pm}0.2\;mg$/kg and after 3 years it increased to $120.6{\pm}3.9\;mg$/kg. Furthermore, samples fermented for 5 and 7 years contained $569.5{\pm}3.9\;mg$/kg and $930.7{\pm}7.1\;mg$/kg, respectively, and a 10 year old specimen had 77 times more GABA than the control group, with $1,938.7{\pm}4.8\;mg$/kg. This confirmed that GABA content increased with fermentation time. There were no significant differences in the isoflavone glycosides daidzin, genistin, and glycitin, but genistein and daidzein, which are aglycones, increased along with fermentation period by the actions of enzymes and microorganisms during fermentation.