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Le Lien de Causalit$\acute{e}$ et la Prescription Extinctive en Mati$\acute{e}$re de Responsabilit$\acute{e}$ M$\acute{e}$dicale en Droit Français (프랑스법상 의사책임분야(醫事責任分野)에서의 인과관계와 소멸시효론에 관한 소고)

  • Park, Soo-Gon
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.367-397
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    • 2014
  • Dans le contentieux m$\acute{e}$dical, il est difficile de prouver l'existence d'un lien de causalit$\acute{e}$ entre la faute m$\acute{e}$dicale et les pr$\acute{e}$judices subis par la victime. R$\acute{e}$partir bien de façon raisonnable la charge de la preuve du lien causal est alors une des questions pr$\acute{e}$occup$\acute{e}$es par la doctrine cor$\acute{e}$enne. La Cour supr$\hat{e}$me cor$\acute{e}$enne semble toutefois facilliter l'indemnisation des victimes dans les cas o$\grave{u}$ la responsabilit$\acute{e}$ du m$\acute{e}$decin a ${\acute{e}}t{\acute{e}}$ mise en cause, et cela en admettant des fois une solution op$\acute{e}$rant un renversement de la charge de la preuve du lien causal. Une telle attitude a ${\acute{e}}t{\acute{e}}$ m$\hat{e}$me affirm$\acute{e}$e dans un arr$\hat{e}$t rendu r$\acute{e}$cemment en cas de dommage caus$\acute{e}$ par le fait du produit de sant$\acute{e}$, notamment pour le cas de contamination virale par voie de transfusion. La Cour a $\acute{e}$galement reconnu que l'action se pr$\acute{e}$scrit $\grave{a}$ partir du moment de la consolidation du pr$\acute{e}$judice. Aux termes de cette $\acute{e}$tude, on pourra constater que le juge français reconna$\hat{i}$t aussi l'assouplissement de la charge de la preuve du lien de causalit$\acute{e}$ en mati$\acute{e}$re d'action m$\acute{e}$dicale. Il faudra toutefois souligner que le ph$\acute{e}$nom$\acute{e}$ne ne soit pas g$\acute{e}$n$\acute{e}$ralis$\acute{e}$ en droit français, d'autant plus que la pr$\acute{e}$somption de l'existence de la causalit$\acute{e}$ en la mati$\grave{e}$re a $\acute{e}$t$\acute{e}$ admise de mani$\grave{e}$re restrictive par la l$\acute{e}$gislation sp$\acute{e}$cifique. Tel $\acute{e}$tait notamment le cas pour les accidents de la contamination par le virus du sida ou de l'h$\acute{e}$patite C survenus apr$\grave{e}$s la transfusion. En d$\acute{e}$finitive, on peut dire qu'en droit français, le principe est maintenu en cas de manquement $\grave{a}$ une obligation de r$\acute{e}$sultat n$\acute{e}$e du contrat m$\acute{e}$dical, tandis que la Cour de cassation admet parfois en mati$\grave{e}$re de droit commun de la responsabilit$\acute{e}$ contractuelle la pr$\acute{e}$somption de causalit$\acute{e}$ en cas d'inex$\acute{e}$cution des obligations de r$\acute{e}$sultat. En fait, la pr$\acute{e}$somption de causalit$\acute{e}$ dans le contentieux m$\acute{e}$dical pourra mener les m$\acute{e}$decins $\grave{a}$ se diriger vers les traitements d$\acute{e}$fensifs. Cette situation peut m$\hat{e}$me conduire $\grave{a}$ emp$\hat{e}$cher le d$\acute{e}$veloppement de la science m$\acute{e}$dicale, enfin $\grave{a}$ une situation d$\acute{e}$savantageuse aux patients. Il y a alors lieu de se m$\acute{e}$fier des int$\acute{e}$r$\hat{e}$ts d$\acute{e}$s$\acute{e}$quilibr$\acute{e}$s entre le m$\acute{e}$decin et le patient. De ce point de vue, on peut estimer que le droit français donne des suggestions aux juristes cor$\acute{e}$ens dans la recherche des solutions plus ad$\acute{e}$quates en ce qui concerne la charge de la preuve du lien causal en mati$\acute{e}$re de responsabilit$\acute{e}$ m$\acute{e}$dicale.

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Effects of Manipulation Conditions on Development of Nuclear Transplant Bovine Embryos Derived from In Vitro Matured Oocytes (미세조작조건이 소 핵이식배의 발달에 미치는 영향)

  • 최상용;노규진;공일근;송상현;조성근;박준규;이효종;박충생
    • Korean Journal of Animal Reproduction
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    • v.21 no.3
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    • pp.293-302
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    • 1997
  • Follicular oocytes of Grade I and II were collected from 2~6 mm ovarian follicles and matured in vitro (IVM) for 24 hrs in TCM-199 su, pp.emented with 35$\mu\textrm{g}$/ml FSH, 10$\mu\textrm{g}$/ml LH, and 1$\mu\textrm{g}$/ml estradiol-17$\beta$ at 39$^{\circ}C$ under 5% CO2 in air. They were fretilized in vitro (IVF) by epididymal spermatozoa capacitated with heparin for 12 hrs. The zygotes were then co-cultured in vitro with bovine oviducted epithelial cells (BOEC) for 7 to 9 days. The optimal time for IVM, the successful enucleation of IVM oocytes by micromanipulation at different oocyte ages after IVM, and the ideal culture system for IVM for effective IVF and in vitro development of IVM-IVF embryos was examined for in vitro production of nuclear recipient oocytes and nuclear donor embryos. To improve the efficiency of nuclear transplantation (NT) of IVF embryo into IVM follicular oocytes, this study evaluated the optimal electric condition and oocytes age for activation of IVM oocytes and in vitro development of NT embryos. In vitro development of NT embryos with preactivation or non-preactivation in enucleation oocytes, cell number of IVN-IVF embryos, and NT embryos wre also examined. The results obtained were as follows; 1. The most suitable enucleation time was at 24 hpm (83.3%) rather than that of 28 hpm(69.6%) and 32 hpm(50.0%). 2. There was no difference among the fusion rates of NT embryos at the voltages of 0.75, 1.0 and 1.5 kV/cm, but the in vitro development rates to morule and blastocyst were significantly (P<0.05) higher at the voltage of 0.75(12.5%) and 1.0kV/cm (12.6%) compared to 1.5kV/cm(0%). 3. No significant difference in activation rates were seen in NT embryos stimulated for 30, 60 and 120 $\mu$sec (71.7, 85.2 and 71.9%, respectively), but the in vitro development rates to morulae and blastocyst were significantly (P<0.05) higher in the oocytes stimulated for 30 $\mu$sec (11.6%) and 60 $\mu$sec(10.7%) than 120 $\mu$sec(0.0%). 4. The fusion rates (71.0 and 87.3%) and the in vitro development rates (9.1 and 12.7%) to morula and blastocyst were seen in the NT embryos stimulated at 28 and 32 hpm under the condition of 1.0 kV/ml, 60 $\mu$sec. However, at 24 hpm the fusion rates were 64.8% and the in vitro development to morula and blastocyst were not seen. 5. The fusion rates between the 8~12, 13~17 and 18~22-cell stage of IVM-IVF embryos were not significantly different. The in vitro development rates of the fused embryos to morula and blastocyst which were received from a blastomere of 8~12, 13~17 and 18~22-cell stages of IVM-IVF embryos were 14.9, 8.3 and 6.5%, respectively. 6. The in vitro development rate of the enucleated recipient oocytes with preactivation (24.2%) to morula and blastocyst was significantly (P<0.05) higher than that of non-preactivation (12.8%). 7. The cell numbers of NT blastocyst and IVM-IVF blastocyst cultured during 7~9 days were 63$\pm$11 and 119$\pm$23, and then their the mean cell cycle number were 5.98 and 6.89, respectively.

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Estimation of Rumen By-pass Rate of Chromium-methionine Chelates by Ruminal Bacteria Analysis (반추미생물 분석에 의한 Chromium-methionine Chelate의 반추위 By-pass율 추정)

  • Kim, C.H.;Park, B.K.;Park, J.G.;Kim, H.S.;Sung, K.I.;Shin, J.S.;Ohh, S.J.
    • Journal of Animal Science and Technology
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    • v.47 no.5
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    • pp.759-768
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    • 2005
  • The study was designed to estimate the in vitro rumen by-pass rate of both chromium methionine chelate as an organic supplement and $ClCl_3$ as an inorganic supplement. Rumen by-pass rates of the supplements were evaluted by comparing ruminal metabolites in rumen fluid and Cr and methionine contents in the body of ruminal microorganism. For in vitro digestion examination, basic nutrients for ruminal microbes were supplied with 7g(DM) of feed, 2g of rice straw, and 2g of corn silage per each incubation jar. Three treatments including Control(no supplementation of Cr), T1(1000ppb supplementation of $ClCl_3$) and T2(chromium methionine chelate supplementation equivalent to 1000ppb of Cr content) were prepared with five replications per each treatment. pH of T2 was lower than that of Control and T1 regardless of incubation time. Ammonia content was higher in T2 than in Control and T1 during first 6 hours of incubation. However, the ammonia content in Control was remained low after 6 hours. Total volatile fatty acids(VFA) content in control was increased constantly as incubation time was extended. Therefore, VFA content in T1 and T2 were significantly lower (P<0.05) than those of Control. Dry matter recovery rate by ruminal microorganism was the lowest in T1, however ruminal microbial population was increased most efficiently in T2 during 12 hours of in vitro incubation. Cr concentrations in the body of ruminal microbes were not different(P>0.05) between Control and T2, but it was significantly high in T1(P<0.05). Contents of methionine and cystine in ruminal microbes also were not different between Control and T2(P>0.05), but it was relatively low in T1. Based on the above results, the chromium methionine chelate was believed to by-pass rumen and could remain intact until it reaches small intestine compared to inorganic chromium. This results implies that chromium methionine chelate could be more effective to function in the small intestine of ruminant animals.

Effect of Different Growing Stages of Winter Cereal Crops on the Quality of Silage Materials and Silages (맥류의 수확시기가 사일리지의 재료적 특성 및 품질에 미치는 영향)

  • Heo, J.M.;Lee, S.K.;Lee, I.D.;Lee, B.D.;Bae, H.C.
    • Journal of Animal Science and Technology
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    • v.47 no.5
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    • pp.877-890
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    • 2005
  • This study was carried out to determine the effect of different growing stages of winter cereal crops on the quality of silage materials and silages. Silages were made from the silage materials harvested at four growing stages(boot, heading, flowering, and yellow ripe) of barley, rye, oat, and wheat. Approximately 1 kg of silage materials harvested from each growing stage stored in vinyl bags with vacuum packing method and fermented at room temperature for 40 days. As the growing stages progressed, the moisture and crude protein contents of the silage materials decreased, and fiber contents(NDF, ADF and hemicellulose) increased. All the silage materials showed significantly higher contents of water soluble carbohydrate in the boot stages than in the flowering and yellow ripe stages. There was no tendency in acetic acid contents of silage materials cut at different growing stages. The overall pH of silage materials were in the range of 5.91-6.01, and there was no significant difference among growing stages. Buffering capacity of silage materials were in the range of 26.23-29.47meq/100g DM, and showed a tendency to decline as the growing stages proceeded. The moisture and crude protein contents of silages decreased significantly in all species as the growing stages proceeded, and the fiber contents vice versa. As the growing stages proceeded, the pH of the silages tended to increase, and the acetic, butyric, and lactic acid contents tended to decrease. The buffering capacity of silages had a tendency to decrease as the growing stages of winter cereal crops proceeded. Therefore, these features described above should be taken into consideration in order to make silages from winter crops economically.

A Morphological Study on the Granulosa Cell Apoptosis and Macrophages during Follicular Atresia in Pig Ovary (돼지난소에서 난포폐쇄시 과립층세포의 아포토시스와 대식세포에 관한 형태학적 연구)

  • Park, C.S.;Han, S.R.;Kim, S.I.;Cho, K.J.;Kim, W.S.;,
    • Journal of Animal Science and Technology
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    • v.46 no.4
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    • pp.571-584
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    • 2004
  • It is known widely that granulosa cell apoptosis leads follicular atresia and macrophages exert their effects directly and/or indirectly from the initiation to the completion of follicular atresia by phagocytosis of apoptotic bodies and secretion of various cytokines. However, the site of initiation, propagation routes and the elimination methods of apoptotic bodies, and the time and methods of penetration of macrophages into the follicles are not known completely. Using pig(Yorkshire-breed) ovary, immunohistochemical studies with TUNEL for apoptotic bodies and pig macrophage monoclonal antibody 4E9 for macrophages, and light and transmission electron microscopic observations were performed. In the pig, follicular atresia began with the granulosa cell apoptosis, and the apoptosis of theca intema cells occured at the same time. The apoptosis of granulosa cells initiated randomly within the granulosa cell layer and propagated rapidly into the whole layer. Ultrastructura1ly, apoptotic granulosa cells showed characteristic pyknotic and deformed nucleus and intracytoplasmic vesicles. Apoptotic bodies were eliminated by intact granulosa cells and macrophages. Intact granulosa cells ingested apoptotic bodies transiently, soon after they fell into the apoptosis. Finally, apoptotic bodies and degenerated oocyte were phagocytosed by macrophages. Macrophages entered the ovarian follicle at the time of initiation of granulosa cell apoptosis, and migrated with the progression of apoptosis. By elimination of theca cells, macrophages contributed the completion of follicular atresia These results will provide valuable informations on the study of the interrelation between macrophage and ovarian follicular atresia.

Energy Requirements of Growing Hanwoo Bulls for Maintenance by Fasting Metabolism (절식대사 시험에 의한 한우 수소의 유지에너지 요구량 결정에 관한 연구)

  • Lee, S. C.;Thak, T. Y.;Kim, K. H.;Yoon, S. G.
    • Journal of Animal Science and Technology
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    • v.45 no.1
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    • pp.113-122
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    • 2003
  • Net and metabolizable energy requirements for maintenance of Hanwoo (Korean native cattle) bulls were estimated in twenty-eight fasting metabolism trials using seven different feeds at four stages of body weight(100, 200, 300 and 400kg). Three cattle for each of twenty-eight trials fed at a level of maintenance energy requirement were housed in metabolic stalls during the 5 days of collection period. Thereafter, during the 2 days of respiration period the heat production was measured by indirect calorimetry using respiratory chamber. After finishing the respiratory metabolism trials under the maintenance level, experimental animals were fasted for 5 days and were measured heat production by indirect calorimetry using respiratory chamber. Seven different feeds were: 1) mixed ration of concentrate and rice straw, 2) mixed ration of concentrate and mixed grass hay, 3) mixed ration of concentrate and corn silage, 4) rice straw alone, 5) mixed grass hay alone, 6) corn silage alone, 7) concentrate alone. Fasting heat production were 66.05/$W^{0.75}$ at 100kg of body weight and 60~63kcal/$W^{0.75}$ at 200~400kg of body weight. When subtracting heat loss by muscular work from the fasting heat production, basal metabolic rate was 55.92kcal/$W^{0.75}$. The average values of NEm requirements were obtained by adding urinary energy excretion to the basal metabolic rates were 69.1, 62.1, 65.8 and 64.4kcal/$W^{0.75}$ for the four stages of body weight, respectively. The ME requirement for maintenance could be calculated using retained energy and the efficiency of utilization of ME for net energy. The ME requirement for maintenance thus obtained was 102.69kcal/$W^{0.75}$.

Origin, Age and Sedimentation Rate of Mid-Geum River Sediments (금강 중류 하상 퇴적층의 기원과 형성시기 및 퇴적율)

  • Oh, Keun-Chang;Kim, Ju-Yong;Yang, Dong-Yoon;Hong, Sei-Sun;Lee, Jin-Young;Lim, Jae-Soo
    • Economic and Environmental Geology
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    • v.43 no.4
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    • pp.333-341
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    • 2010
  • Fluvial sediments are widely distributed in present and old river-beds of the mid-Keum River, the tributaries of which are the Yugu and Jeongan Rivers. The basement of the mid-Keum River area consists of Mesozoic granites which are easily eroded compared to Precambrian gneisses, which are exposed in the upper-Keum River area. The provenance of the fluvial sediments includes both the Precambrian gneisses and Mesozoic granites, which occur in the catchment of the mid-Keum River. The coarse-grained sediments were probably transported from the river-beds and the overbank floodings of the main Keum River and its tributaries when the climate was warm and wet. The oldest mud deposits were dated at ca. 9,400 yr BP by the radiocarbon method. It has been estimated that the sand deposits below the dated muds were formed in a period from the Late Pleistocene to the Early Holocene. However we have revealed that the major part of the present river-bed sediments was formed at ca. 3,000-6,000 yr BP, i.e., in the mid- to late Holocene, when summer monsoon was very strong due to climatic changes. We have calculated fluvial sedimentation rates of 0.12-0.16 cm/yr and 0.02-0.09 cm/yr for borehole KJ-29 river-bed sediments and borehole KJ-28 floodplain deposits, respectively. We conclude that the sedimentation rate is higher near the present stream channel than near the floodplain.

Characteristics of a planar Bi-Sb multijunction thermal converter with Pt-heater (백금 히터가 내장된 평면형 Bi-Sb 다중접합 열전변환기의 특성)

  • Lee, H.C.;Kim, J.S.;Ham, S.H.;Lee, J.H.;Lee, J.H.;Park, S.I.;Kwon, S.W.
    • Journal of Sensor Science and Technology
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    • v.7 no.3
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    • pp.154-162
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    • 1998
  • A planar Bi-Sb multijunction thermal converter with high thermal sensitivity and small ac-dc transfer error has been fabricated by preparing the bifilar thin film Pt-heater and the hot junctions of thin film Bi-Sb thermopile on the $Si_{3}N_{4}/SiO_{2}/Si_{3}N_{4}$-diaphragm, which functions as a thermal isolation layer, and the cold junctions on the dielectric membrane supported with the Si-substrate, which acts as a heat sink, and its ac-dc transfer characteristics were investigated with the fast reversed dc method. The respective thermal sensitivities of the converter with single bifilar heater were about 10.1 mV/mW and 14.8 mV/mW in the air and vacuum, and those of the converter with dual bifilar heater were about 5.1 mV/mW and 7.6 mV/mW, and about 5.3 mV/mW and 7.8 mV/mW in the air and vacuum for the inputs of inside and outside heaters, indicating that the thermal sensitivities in the vacuum, where there is rarely thermal loss caused by gas, are higher than those in the air. The ac-dc voltage and current transfer difference ranges of the converter with single bifilar heater were about ${\pm}1.80\;ppm$ and ${\pm}0.58\;ppm$, and those of the converter with dual bifilar heater were about ${\pm}0.63\;ppm$ and ${\pm}0.25\;ppm$, and about ${\pm}0.53\;ppm$ and ${\pm}0.27\;ppm$, respectively, for the inputs of inside and outside heaters, in the frequency range below 10 kHz and in the air.

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Development of Transgenic NT Embryos Using Bovine Fetal Fibroblasts Transfected with hFSH Gene (hFSH 유전자가 도입된 소 태아섬유아세포를 이용한 형질 전환 복제 수정란의 발달)

  • Yang B.C.;Im G.S.;Kim D.H.;Min K.S.;Yoon D.H.;Park H.S.;Kim S.W.;Hwang I.S.;Seo J.S.;Seong H.H.;Yang B.S.
    • Journal of Embryo Transfer
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    • v.21 no.1
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    • pp.13-20
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    • 2006
  • The purpose of this study was to develope the transgenic cattle expressing hFSH into the urine using the nuclear transfer. To produce the interest gene in urine, the specific vector was ligated with hFSH gene undo. maUII promoter. The fetal fibroblast cells (KbFF) were isolated from a 45-day male fetus. The hFSH gene was co-transfected with pcDNA3 (neo) vector to KbFF cells by electroporation. The gene-transfected cells were cultured with G-418 selection medium for 2 weeks. Selected colonies were confirmed by PCR. For nuclear transfer, enucleated bovine oocytes were transferred with hFSH transfected or nontransfected fetal fibroblasts. The cleavage and blastocyst formation rates were significantly lower (p<0.05) in cloned embryos transfected with hFSH gene (68.7% and 15.7%) than in those non-transfected (67.6% and 24.5 %), respectively. Apoptosis analysis showed no difference between hFSH transfected and non-transfected blastocysts (p>0.05). The blastocysts were transfected to 77 (control 24, hFSH 53) recipient cows. Two calves were born (1.9%) following transfer with NT embryos transfected with hFSH gene, but they were confirmed not to be transgenic calves. This result shows that the hFSH colonies were mixed with transfected and non transfected cells. Further research will be needed for selection and establishment of gene transfected cells.

Effects of Plant Water Extract Mixture Ixeris Sonchifolia Hance, Oenanthevjavanica, Fagopyrum Esculentum Moench, Hizikia Fusiforme, Zingiber Officinale Roscoe on Mouse Immune Cell Activation Ex vivo (5가지 (고들빼기, 돌미나리, 메밀, 톳, 생강)혼합식품 물 추출물의 마우스 면역세포 활성화 효과)

  • Ryu, Hye-Sook;Kim, Jung-Hee;Kim, Hyun-Sook
    • Journal of Nutrition and Health
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    • v.41 no.2
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    • pp.141-146
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    • 2008
  • Ixeris sonchifolia Hance (Godulbaegi), Oenanthe javanica (Dolminari), Fagopyrum esculentum Moench (Buckwheat>, Hizikia fusiforme (Seaweed Fusiforme) and Zingiber ojficinale Roscoe (Ginger) have been used respectively as one of folk remedies as well as food materials. However, reportedly few studies on their immunomodulating effects have been made, although it has been known from other preceding studies that the ex vivo supplementation of each Ish, OJ, Fem, Hf, Zor water extracts tends to enhance the proliferation of splenocyte in comparison to the control group. This study on the combined immunomodulative effect of water extract mixture of these five food materials (Ish + Oj + Fem +Hf+Zor) lasted covering seven or eight weeks. The old mice (balb/c) was fed ad libitum on chow diet, and the water extract of plant mixture was orally administrated every other day for four weeks at two different concentrations (50 and 500 mg/kg B.W) . After preparing the single cell suspension, the proliferation of splenocyte was determined by MTT (3-[4,5-dimethylthiazol-2-y]-2,5-diphenyl terazolium bromide) assay. The production of cytokine ($IL-{\beta}$, IL-6, and $TNF-{\alpha}$) which was secreted by macrophages stimulated with LPS or not was detected by ELISA assay using the cytokine kit. After the 48 hours of incubation with the mitogen (ConA or LPS) stimulation, the proliferation of the mice splenocyt in the experimental group statisticaly increased at both of two different concentrations in comparison to the control group. The cytokines production was more significantly enhanced at the lower supplementation (50 mg/kg B.W.) group than at the higher concentration (500 mg/kg B.W.). The result of this study may suggest that the supplementation of water extract of plant mixture can regulate and enhance the immune function by increasing the splenocyte proliferation and regulating the cytokine production capacity by the activated macrophages in mice.