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Die Rolle und Grenze des Gerichts in der Schiedsgerichtsbarkeit (중재절차에서 법원의 역할과 한계 - 개정 중재법과 UNCITRAL 모델법 등을 중심으로 -)

  • Jeong, Sunju
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.47-68
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    • 2000
  • Neben der staatlichen Gerichtsbarkeit gibt es eine gesetzlich legitimierte Schiedsgerichtsbarkeit durch Privatpersonen nach dem Schiedsverfahrensrecht. Diese Institution entwickelte sich zwar als $\ddot{U}bergangsstufe$ von der Selbsthilfe zur staatlichen Gerichtsbarkeit und aber erlangt zur Zeit mit dem Wirtschaftswachstum, vor allem mit der Verschmelzung des internationalen Handels eine hervorragende Stellung im Justizsystem. $F\ddot{u}r$ die weitere Entwicklung der Schiedsgerichtsbarkeit ist die $Unterst\ddot{u}tzung$ und Kontrolle des staatlichen Gerichts von großer Bedeutung. In der vorliegenden Arbeit handelt es sich $haupts\ddot{a}chlich$ um die Rolle und Grenze des Gerichts in der Schiedsgerichtsbarkeit. Dabei ist die Rolle des Gerichts in 3 Teilen geteilt untersucht, und zwar die aktive, die passive und die kontrollierende Rolle des Gerichts. Unter der ersten $geh\ddot{o}ren$ das Eingreifen des Gerichts in das Schiedsverfahren, z.B. bei der Bestellung und Ablehnung des Schiedsrichters und bei der Frage $\ddot{u}ber$ die Bedendigung des Schiedsrichteramtes und die einstweiligen Maßnahmen des Gerichts sowie die $Unterst\ddot{u}tzung$ des Gerichts bei der Beweisaufnahme. Weil das Schiedsgericht keine Zwangsgewalt besitzt, ist die Schiedsgerichtsbarkeit in bestimmten $F\ddot{a}llen$ auf die aktive Mitwirkung des Gerichts stark angewiesen. Die Rolle des Gerichts in der Schiedsgerichtsbarkeit ist aber durch die Entscheidungsbefugnis des Schiedsgerichts $\ddot{u}ber$ die eigene $Zust\ddot{a}ndigkeit$ und $\ddot{u}ber$ die $G\ddot{u}ltigkeit$ der Schiedsvereinbarung(sog. Kompentz-Kompetenz) und durch den einstweiligen Rechtsschutz durch das Schiedsgericht $eingeschr\ddot{a}nkt$. Hier $beschr\ddot{a}nkt$ sich das Gericht auf die passive Rolle. Die Schiedsgerichtsbarkeit ist außerdem der Kontrolle durch das staatliche Gericht zu unterziehen, sei es durch die Aufhebungsklage oder sei es durch die Entscheidung $\ddot{u}ber$ die Vollstreckung des Schiedsspruchs. Besonders im $Vollstreckbarerkl\ddot{a}rungsverfahren$ hat das ordentliche Gericht eine umfangreiche $\ddot{U}berpr\ddot{u}fungsm\ddot{o}glichkeit$ des Schiedsspruchs. Einerseits soll die Stellung der Schiedsgerichtsbarkeit nicht durch die Mitwirkung und Kontrolle des staatlichen Gerichts entwertet werden, andererseits ist es aber Aufgabe des Staates, die Richtigkeit der schiedsgerichtlichen Entscheidung zu garantieren. In der Schiedsgerichtsbarkeit ist auch das Rechtsstaatsprinzip aufrechterhalten zu bleiben. Abschließend ist festzustellen, daß die Schiedsgerichtsbarkeit ohne Mitwirkung des staatlichen Gerichts nicht auskommt, die Rolle des Gerichts aber auf das erforderliche Maß $beschr\ddot{a}nkt$ sein sollte.

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Study on CsRCI2D and CsRCI2H for improvement of abiotic stress tolerance in Camelina sativa L.

  • Lim, Hyun-Gyu;Kim, Hyun-Sung;Kim, Jung-Eun;Ahn, Sung-Ju
    • Proceedings of the Korean Society of Crop Science Conference
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    • 2017.06a
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    • pp.196-196
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    • 2017
  • Oilseed crop Camelina (Camelina sativa L.) is a suitable for biodiesel production that has high adaptability under low-nutrient condition like marginal land and requires low-input cost for cultivation. Enhanced abiotic stress tolerance of Camelina is very important for oil production under the wide range of different climate. CsRCI2s (Rare Cold Inducible 2) are related proteins in various abiotic stresses that predicted to localized at plasma membrane (PM) and endoplasmic reticulum (ER). These proteins are consist of eight-family that can be divided into tail (CsRCI2D/E/F/G) and no-tail (CsRCI2A/B/E/H) type of C-terminal. However, it is still less understood the function of C-terminal tail. In this study, CsRCI2D/H genes were cloned through gateway cloning system that used pCB302-3 as destination vector. And we used agrobacterium-mediated transformation system for generation of overexpression (OX) transformants. Overexpression of target gene was confirmed using RT-PCR and segregation ratio on selection media. We analyzed physiological response in media and soil under abiotic stresses using CsRCI2D and CsRCI2H overexpression plant. To compare abiotic stresses tolerance, wild type and CsRCI2D/H OX line seeds were sown on agar plate treated with various NaCl and mannitol concentration for 7 days. In the test of growth rate under abiotic stress on media, CsRCI2H OX line showed similar to NaCl and mannitol stress. In the other hand, CsRCI2D OX line showed to be improved stress tolerance that especially increased in 200mM NaCl but was similar on mannitol media. In greenhouse, WT and CsRCI2D/H OX lines for physiological analysis and productivity under abiotic stresses were treated 100, 150, 200mM NaCl. Then it was measured various parameters such as leaf width and length, plant height, total seed weight, flower number, seed number. CsRCI2H OX line in greenhouse did not show any changes in physiological parameters but CsRCI2D OX line was improved both physiological response and productivity under NaCl stress. Among physiological parameters of CsRCI2D OX line under NaCl stress, leaf length and width were observed shorter than WT but it were slightly longer than WT in 200mM NaCl stress. Furthermore, total seed weight of CsRCI2D OX line under stress displayed to decrease than WT in normal condition, but it was gradually raised with increasing NaCl stress then more than WT relatively. These results suggested CsRCI2D might be contribute to improve abiotic stress tolerance. However, function of CsRCI2H is need to more detail study. In conclusion, overexpression of CsRCI2s family can generate various environmental stress tolerance plant and may improve crop productivity for bio-energy production.

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Photocurrent Study on the Splitting of the Valence Band and Growth of CuAlSe2 Single Crystal Thin Film by Hot Wall Epitaxy (Hot Wall Epitaxy(HWE)법에 의한 CuAlSe2 단결정 박막의 성장과 가전자대 갈라짐에 대한 광전류 연구)

  • Park, Chang-Sun;Hong, Kwang-Joon;Park, Jin-Sun;Lee, Bong-Ju;Jeong, Jun-Woo;Bang, Jin-Ju;Kim, Hyun
    • Journal of Sensor Science and Technology
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    • v.13 no.2
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    • pp.157-167
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    • 2004
  • A stoichiometric mixture of evaporating materials for $CuAlSe_{2}$ single crystal thin films was prepared from horizontal electric furnace. To obtain the single crystal thin films, $CuAlSe_{2}$ mixed crystal was deposited on thoroughly etched semi-insulating GaAs(100) substrate by the hot wall epitaxy (HWE) system. The source and substrate temperatures were $680^{\circ}C$ and $410^{\circ}C$, respectively. The crystalline structure of the single crystal thin films was investigated by the photoluminescence and double crystal X-ray diffraction (DCXD). The carrier density and mobility of $CuAlSe_{2}$ single crystal thin films measured with Hall effect by van der Pauw method are $9.24{\times}10^{16}cm^{-3}$ and $295cm^{2}/V{\codt}s$ at 293 K, respectively. The temperature dependence of the energy band gap of the $CuAlSe_{2}$ obtained from the absorption spectra was well described by the Varshni's relation, $E_{g}(T)$ = 2.8382 eV - ($8.68{\circ}10^{-4}$ eV/K)$T^{2}$/(T + 155 K). The crystal field and the spin-orbit splitting energies for the valence band of the $CuAlSe_{2}$ have been estimated to be 0.2026 eV and 0.2165 eV at 10 K, respectively, by means of the photocurrent spectra and the Hopfield quasicubic model. These results indicate that the splitting of the ${\Delta}so$ definitely exists in the ${\Gamma}_{5}$ states of the valence band of the $CuAlSe_{2}$. The three photocurrent peaks observed at 10 K are ascribed to the $A_{1-}$, $B_{1-}$, and $C_{1-}$ exciton peaks for n = 1.

Place Assimilation in OT

  • Lee, Sechang
    • Proceedings of the KSPS conference
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    • 1996.10a
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    • pp.109-116
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    • 1996
  • In this paper, I would like to explore the possibility that the nature of place assimilation can be captured in terms of the OCP within the Optimality Theory (Mccarthy & Prince 1999. 1995; Prince & Smolensky 1993). In derivational models, each assimilatory process would be expressed through a different autosegmental rule. However, what any such model misses is a clear generalization that all of those processes have the effect of avoiding a configuration in which two consonantal place nodes are adjacent across a syllable boundary, as illustrated in (1):(equation omitted) In a derivational model, it is a coincidence that across languages there are changes that have the result of modifying a structure of the form (1a) into the other structure that does not have adjacent consonantal place nodes (1b). OT allows us to express this effect through a constraint given in (2) that forbids adjacent place nodes: (2) OCP(PL): Adjacent place nodes are prohibited. At this point, then, a question arises as to how consonantal and vocalic place nodes are formally distinguished in the output for the purpose of applying the OCP(PL). Besides, the OCP(PL) would affect equally complex onsets and codas as well as coda-onset clusters in languages that have them such as English. To remedy this problem, following Mccarthy (1994), I assume that the canonical markedness constraint is a prohibition defined over no more than two segments, $\alpha$ and $\beta$: that is, $^{*}\{{\alpha, {\;}{\beta{\}$ with appropriate conditions imposed on $\alpha$ and $\beta$. I propose the OCP(PL) again in the following format (3) OCP(PL) (table omitted) $\alpha$ and $\beta$ are the target and the trigger of place assimilation, respectively. The '*' is a reminder that, in this format, constraints specify negative targets or prohibited configurations. Any structure matching the specifications is in violation of this constraint. Now, in correspondence terms, the meaning of the OCP(PL) is this: the constraint is violated if a consonantal place $\alpha$ is immediately followed by a consonantal place $\bebt$ in surface. One advantage of this format is that the OCP(PL) would also be invoked in dealing with place assimilation within complex coda (e.g., sink [si(equation omitted)k]): we can make the constraint scan the consonantal clusters only, excluding any intervening vowels. Finally, the onset clusters typically do not undergo place assimilation. I propose that the onsets be protected by certain constraint which ensures that the coda, not the onset loses the place feature.

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Effect of GABA on the Contractility of Small Intestine Isolated from Rat (흰쥐 적출 소장의 수축성에 미치는 GABA의 영향)

  • Huh, Joon-Young;Kwon, Oh-Cheol;Ha, Jeong-Hee;Lee, Kwang-Youn;Kim, Won-Joon
    • Journal of Yeungnam Medical Science
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    • v.8 no.2
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    • pp.95-105
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    • 1991
  • This study was designed to investigate the effect of GABA and related substances on the spontaneous contraction of rat small intestine. The rats(Sprague-Dawley), weighing 200-250g, were sacrificed by cervical dislocation, and the small intestine was isolated. Longitudinal muscle strips from duodenum, jejunum and ileum were suspended in Biancani's isolated muscle chambers and myographied isometrically. GABA and muscimol, a GABA A receptor agonist relaxed the duodenum and jejunum significantly, but baclofen-induced relaxation in those muscle strips was negligible. The effectiveness of GABA and muscimol in various regions were the greatest on duodenum, and greater on jejunum than on ileum The effect of GABA and muscimol was antagonized by bicuculline, a compeptitive GABA A receptor antagonist and picrotoxin, a noncomptitive GABA A receptor antagonist. Duodenal relaxation induced by GABA and muscimol was unaffected by hexamethonium, but was prevented by tetrodotoxin. These results suggest that GABA inhibit the contractility of smooth muscle with distinct regional difference of efficacy, and the site of inhibitory action is the GABA A receptor existing at the presynaptic membrane of postganglionic excitatory nerves.

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Effects of Castor Meal on the Growth Performance and Carcass Characteristics of Beef Cattle

  • Diniz, L.L.;Filho, S.C. Valadares;Campos, J.M.S.;Valadares, R.F.D.;Da Silva, L.D.;Monnerat, J.P.I.S.;Benedeti, P.B.;De Oliveira, A.S.;Pina, D.S.
    • Asian-Australasian Journal of Animal Sciences
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    • v.23 no.10
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    • pp.1308-1318
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    • 2010
  • The purpose of this study was to evaluate the effect of replacing soybean meal with treated castor meal with (CMT) or without lime (CMNT) on the nutrient intake, performance, carcass characteristics, and yield of commercial cuts of beef cattle from a feedlot. Thirty male, castrated, crossbreed zebu cattle were used in the study, with an average initial weight of $360{\pm}30.27\;kg$. Five animals were used as a control group and were slaughtered at the beginning of the experiment; the remaining animals (n = 25) were distributed in random blocks (repetitions), with body weight as the criterion for block assignment. The animals were fed a diet containing 65% corn silage and 35% of concentrate on dry matter (DM) basis. Five diets consisted of four levels of soybean meal (SM) substituted with CMT (0, 33, 67 and 100%) on a DM basis and a diet with 100% of SM replaced with CMNT. At the end of the experiment, all animals were slaughtered, and their gastrointestinal tracts were emptied to determine their empty body weights (EBW). No significant effects were observed (p>0.05) for the substitution of soybean meal with CMT on intake of dietary nutrients, the average daily body weight gain (ADG) or EBW gain (EBWG). In spite of greater (p<0.05) ricin intake for the diet containing CMNT (3.06 mg/kg BW) compared to the CMT diet (0.10 mg/kg BW/d), there were no effects (p>0.05) on intake of dietary nutrients, ADG or EBWG. The average intake of DM and the ADG were 10,664.63 and 1,353.04 g/d, respectively. Regarding carcass characteristics, only carcass yield in relation to body weight was linearly reduced (p<0.05) upon substitution of SM by CMT. There was no effect (p>0.05) of the substitution of SM by CMT or CMNT on the yield of carcass basic cuts. CMT prices that are higher than 85% of the SM price do not economically justify the use of CMT. For CMT prices between 20 and 80% of the SM price, the optimal level was 67% substitution, while for prices below 15% of the SM price, the optimal level was 100% substitution with CMT. It can be concluded that treated castor meal with 6% lime can totally replace soybean meal in beef cattle diets.

The Effects of Cellulose, Pectin and Starch on Standardized Ileal and Apparent Total Tract Amino Acid Digestibilities and Bacterial Contribution of Amino Acids in Feces of Growing Pigs

  • Ma, Q.G.;Metzler, B.U.;Eklund, M.;Ji, C.;Mosenthin, R.
    • Asian-Australasian Journal of Animal Sciences
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    • v.21 no.6
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    • pp.873-882
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    • 2008
  • Eight ileally cannulated pigs (BW $35.9{\pm}0.9kg$) were randomly allotted according to a $4{\times}3$ Latin square design to determine the effects of cellulose, pectin and starch on standardized ileal digestibility (SID) and apparent total tract digestibility (ATTD) of crude protein (CP) and amino acids (AA) as well as on the bacterial AA contribution in feces. The pigs were fed the control diet (20.2% CP, % dry matter (DM)) or one of the three experimental diets in which 25% of the control diet was substituted by cellulose, starch or pectin. Due to this substitution, dietary CP levels were lower in the cellulose (15.5% CP, % DM), pectin (15.4% CP, % DM) and starch diet (15.2% CP, % DM). Following a 15-d adaptation period, feces were collected for 5 d and ileal digesta for a total of 24 h. Starch increased SID of CP, while cellulose and pectin had no significant effect on the digestibility of CP. Overall, starch supplementation resulted in higher (p<0.05) SID values of histidine, isoleucine, threonine, alanine, aspartic acid, cysteine, glycine and serine compared with cellulose, while pectin decreased (p<0.05) SID of valine and proline compared with the starch and control diet. Both cellulose and pectin reduced (p<0.05) the ATTD of CP and AA, while starch decreased (p<0.05) ATTD of phenylalanine, alanine, proline and serine compared with the control. With regard to bacterial AA composition of the fecal mixed bacterial mass (MBM), cellulose supplementation increased (p<0.05) its content of N and almost all AA, except for valine, while pectin caused higher contents of arginine, histidine and proline compared with the control (p<0.05). The bacterial contribution of arginine in feces was higher (p<0.05) in the cellulose treatment, while pectin reduced (p<0.05) the bacterial contribution of leucine, alanine, glutamic acid and proline in feces compared with the control. In conclusion, the effects of cellulose, starch and pectin on SID were rather small. Bacterial activity in the large intestine can only explain the reduced ATTD values for arginine in the cellulose treatment, but not for the other AA in the cellulose and pectin treatments, suggesting higher endogenous losses of these AA in the large intestine.

Genetic Analyses of Carcass Characteristics in Crossbred Pigs: Cross between Landrace Sows and Korean Wild Boars

  • Choy, Y.H.;Jeon, G.J.;Kim, T.H.;Choi, B.H.;Cheong, I.C.;Lee, H.K.;Seo, K.S.;Kim, S.D.;Park, Y.I.;Chung, H.W.
    • Asian-Australasian Journal of Animal Sciences
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    • v.15 no.8
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    • pp.1080-1084
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    • 2002
  • Carcass characteristics of 241 crossbred pigs (Korean wild boars ${\times}$ Landrace sows) were analyzed to examine variations in fasted body weight (FASTWT), carcass weight (CARCWT), dressing percentage (DP), back fat thickness (BFT) and longissimus muscle weight (LMW), and to estimate genetic and phenotypic parameters using three different slaughter-end points. Covariates in the least squares full sib model were slaughter age, fasted body weight and back fat thickness of the carcass. Coefficient of variation was highest for BFT followed by LMW, CARCWT, FASTWT and DP in magnitude. Regressions of three covariates on traits were all linear. However, slaughter age was not significant as a linear covariate for five traits while FASTWT was significant for CARCWT and LMW and BFT was significant for all remaining traits. Genetic and phenotypic variation was considerably reduced by regressing FASTWT or BFT in the model. Heritability estimates of FASTWT, CARCWT, DP and BFT were 0.68, 0.61, 0.11 and 0.49, respectively, using slaughter age as covariate (model 1). Those of CARCWT, DP, BFT and LMW were 0.15, 0.15, 0.30 and 0.11, respectively, using FASTWT as covariate (model 2). Heritability estimates of the traits using LMW as covariate (model 3) were similar to the estimates from Model 1 except that the estimate of CARCWT was reduced to 0.39. Genetic or phenotypic correlations among FASTWT, CARCWT and BFT were all positive and moderate to high. Those between BFT and LMW were also positive and low to moderate. However, genetic and phenotypic correlations between DP and CARCWT were positive while those between DP and FASTWT were negative. It was suggested from this study that differences in carcass yield traits be determined using slaughter age or back fat thickness as slaughter-end point and carcass quality traits using fasted body weight as slaughter-end point.

In vitro Evaluation of Phalaris minor Seeds as Livestock Feed

  • Kaur, J.;Pannu, M.S.;Kaushal, S.;Wadhwa, M.;Bakshi, M.P.S.
    • Asian-Australasian Journal of Animal Sciences
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    • v.19 no.3
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    • pp.363-367
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    • 2006
  • The nutritional worth of Phalaris minor seeds was assessed in comparison to conventional cereal grains like maize and wheat. P. minor seeds had higher total ash and cell wall constituents as compared to wheat and maize grains. The CP content of P. minor was comparable to wheat grains but higher than maize grains. The in vitro studies revealed that the net gas production and availability of ME from P. minor was comparable to that of maize but the digestibility of nutrients was significantly (p<0.05) lower than that of conventional cereal grains. The digestion kinetic parameters for DM and CP revealed that P. minor had the highest (p<0.05) soluble fraction (a) followed by wheat and maize. Reverse trend was observed for insoluble but potentially degradable fraction (b). The effective and true DM and CP degradability was significantly (p<0.05) higher in wheat grains followed by that in P. minor and maize grains. The digestibility of OM and NDF was not affected by replacing cereal grains in concentrate mixture with P. minor seeds up to 75 per cent level. But the availability of ME from concentrate mixtures was comparable to control only up to 50% level of replacement. Replacement of cereal grains with P. minor did not affect the rapidly soluble fraction and insoluble but potentially degradable fraction of concentrate mixture containing P. minor up to 75 per cent, but it was depressed significantly at 100% replacement level. The effective and true degradability of DM of concentrate mixtures containing P. minor from 50 to 100 per cent was comparable to that of conventional concentrate mixture (CCM). The wheat based concentrate mixtures showed higher net gas production (208 vs. 201 ml/g DM/24 h), digestibility of nutrients and ME availability (9.64 vs. 9.54 MJ/kg DM) as compared to maize based concentrate mixture. The wheat based concentrate mixture had significantly (p<0.05) higher rumen undegradable fraction and effective degradability. The data conclusively revealed that conventional cereal grains could be replaced with P.minor seeds up to 75 per cent without affecting the availability of nutrients.

Deoxynivalenol- and zearalenone-contaminated feeds alter gene expression profiles in the livers of piglets

  • Reddy, Kondreddy Eswar;Jeong, Jin young;Lee, Yookyung;Lee, Hyun-Jeong;Kim, Min Seok;Kim, Dong-Wook;Jung, Hyun Jung;Choe, Changyong;Oh, Young Kyoon;Lee, Sung Dae
    • Asian-Australasian Journal of Animal Sciences
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    • v.31 no.4
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    • pp.595-606
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    • 2018
  • Objective: The Fusarium mycotoxins of deoxynivalenol (DON) and zerolenone (ZEN) cause health hazards for both humans and farm animals. Therefore, the main intention of this study was to reveal DON and ZEN effects on the mRNA expression of pro-inflammatory cytokines and other immune related genes in the liver of piglets. Methods: In the present study, 15 six-week-old piglets were randomly assigned to the following three different dietary treatments for 4 weeks: control diet, diet containing 8 mg DON/kg feed, and diet containing 0.8 mg ZEN/kg feed. After 4 weeks, liver samples were collected and sequenced using RNA-Seq to investigate the effects of the mycotoxins on genes and gene networks associated with the immune systems of the piglets. Results: Our analysis identified a total of 249 differentially expressed genes (DEGs), which included 99 upregulated and 150 downregulated genes in both the DON and ZEN dietary treatment groups. After biological pathway analysis, the DEGs were determined to be significantly enriched in gene ontology terms associated with many biological pathways, including immune response and cellular and metabolic processes. Consistent with inflammatory stimulation due to the mycotoxin-contaminated diet, the following Kyoto encyclopedia of genes and genomes pathways, which were related to disease and immune responses, were found to be enriched in the DEGs: allograft rejection pathway, cell adhesion molecules, graft-versus-host disease, autoimmune thyroid disease (AITD), type I diabetes mellitus, human T-cell leukemia lymphoma virus infection, and viral carcinogenesis. Genome-wide expression analysis revealed that DON and ZEN treatments downregulated the expression of the majority of the DEGs that were associated with inflammatory cytokines (interleukin 10 receptor, beta, chemokine [C-X-C motif] ligand 9), proliferation (insulin-like growth factor 1, major facilitator superfamily domain containing 2A, insulin-like growth factor binding protein 2, lipase G, and salt inducible kinase 1), and other immune response networks (paired immunoglobulin-like type 2 receptor beta, Src-like-adaptor-1 [SLA1], SLA3, SLA5, SLA7, claudin 4, nicotinamide N-methyltransferase, thyrotropin-releasing hormone degrading enzyme, ubiquitin D, histone $H_2B$ type 1, and serum amyloid A). Conclusion: In summary, our results demonstrated that high concentrations DON and ZEN disrupt immune-related processes in the liver.