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Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.155-190
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    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

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Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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Nursing Professor's inspection and Status of Patient's Records and Informed Consent for Clinical Practice of Nursing Student in Korea and Japan (한·일 간호대학생의 임상실습 시 환자의 설명동의 및 기록관리와 지도실태)

  • Cho, Yooh-Yang;Kim, In-Hong;Yamamoto, Fujie;Yamasaki, Fujiko
    • Journal of agricultural medicine and community health
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    • v.31 no.1
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    • pp.35-46
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    • 2006
  • Objectives: In recently. the management and protection on individual information in patient's medical & nursing records have been very important, and that need a guideline. The purpose of this study was to investigate the status of using the patient's nursing records of nursing students in clinical practice, to find and discuss the patient's informed consent, and status of education and management concerned to patient's nursing records. Methods: This study used a mailing survey. data collected from September 24th to October 31th in 2002. The subject were 333 professors who are major in adult nursing, pediatric nursing, psychological nursing of 111 university of nursing department and nursing college. And then we received the survey mail from 103 professors that respondent rate was 30.9%. Results: The characteristics of study subjects showed 49.0% of university. 51.0% of college of nursing. 50.0% of the subjects practiced point the patient by oral approval in clinical practice. But when the decision of the patient was very difficult, 21.6% of the subjects take to informed consent from his or her families. During the clinical practice, 49.0% of the subjects were explain to patient about clinical practice and contents of the nursing student, only 7.8% of the subjects were explain to patient with nursing records. 52.0% of the subjects were took out records from the hospital, only 17.6% of the subjects had standard of the patient's informed consent and standard of handling practice records. 17.6%-92.2% of the subjects that educate and manage concern to patient's nursing records.

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Knowledge and Attitude on the Restaurant-Related Sanitation of New Restaurateurs (신규 일반음식점 영업자의 위생관리 지식 및 태도)

  • Park, Ki-Hong;Sohn, Seok-Joon
    • Journal of agricultural medicine and community health
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    • v.31 no.1
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    • pp.21-34
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    • 2006
  • Objectives: The purpose of this study was to investigate the knowledge, attitude and practice toward sanitary administration of the new restaurateurs, to carry out the sanitary management of business for improvement of sanitary level, and to provide basic data which were necessary for sanitary education of the restaurateurs. Methods: The self-recording survey on the attitude and the knowledge toward the sanitation, the sanitary administration, and its education was conducted against new 393 restaurateurs by the administrative division of Gwangju city in charge of the food industry which put in the regular sanitary education annually for the new restaurateurs. Results: In regard to food sanitation, some 87.9% to 94.4% got the right knowledge about the reason and precaution of food poisoning, storage methods of frozen or cold food, and the disposal of product after expiration of validity term. But it was about 56.0% to 63.0% who knew right about the cause and the major precaution of food poisoning, storage temperature in the refrigerator. 30.6% of the subject placed an emphasis on personal sanitation of the workers as the most important thing in the sanitary management. 83.6% replied that it was necessary to improve the sanitary level. Concerning the health examination, 78.3% replied it was needed. 76.4% pointed the need for education, but respondents with higher educational level less emphasized its needs. It was most frequently pointed out by 71.6% restaurateur's poor awareness about it. 36.7% indicated the environmental sanitation like facilities in the restaurants as the first thing to be improved. The rate of personal sanitation was 43.7%. Conclusions: To improve the poor sanitary conditions of the food service business, it was recommended to offer institutional backing and financial aid from administrative office, to encourage restaurateurs to take pride in their job, and to conduct the sanitary education effectively by the technical education institution.

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An Empirical Study on Influence of Venture Preparation on Business Performance of Initial Venture Foundation: Focused on The Effect of Controlling The Period of Venture Preparation (창업준비성이 창업초기기업 경영성과에 미치는 영향에 관한 실증연구: 창업준비기간의 조절효과 중심)

  • Oh, jaiwoo;Lee, Donghyung;Kang, Jinkyu
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.10 no.4
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    • pp.67-80
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    • 2015
  • Although recent policies and regulations in Korea strongly advocate and encourage cultivation of venture foundations, studies on venture foundation and success are very limited and often primarily focus on entrepreneurship or individual quality as a venture founder in addition to such studies' validity in question. Therefore, this study primarily focuses on venture preparation process which is subject to venture founder's effort to verify the policy effectiveness in the relationship between venture preparation and business performance. Major goal of this study is to reduce social cost of venture failure by suggesting systematic policy support for venture foundations and analyzing the relationship between following variables: first, venture preparation and financial performance, second, venture preparation and non-financial performance, and third, venture preparation and business performance. 400 initial venture foundations less than 5 years are selected from KISED(Korea Institute Startup & Entrepreneurship Development) trend analysis to carry out statistical analysis using SPSS 18.0. To organize the data features, frequency analysis as well as descriptive statistics are performed to verify the hypothesis. As a result, sub-factors in measurement of venture preparation which are venture education period, venture benefit, and experience of incubating organization are selected as independent variables. Likewise, sub-factors in measurement of business performance which are financial performance and non-financial performance are used as dependent variables. To validate interactive effect, venture preparation period is selected as control variable to perform hierarchical regression analysis. The analysis result verifies that venture benefit has positive influence on financial and non-financial performance while venture education period has positive influence on non-financial influence and experience of incubating organization has negative influence on non-financial performance without influence on financial performance. In addition, interaction of venture preparation period has positive influence solely between venture benefit and non-financial performance. Through this study, appropriate supporting plans depending on the level of venture preparation can be derived to improve business performance of initial venture foundations for policy designer of venture support, and quality rather than quality improvement of venture businesses is possible through investigation of structural issues of individual venture businesses. Ultimately, this study suggests venture founders to determine whether to focus on venture preparation process or to start a venture business.

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Dietary total sugar intake of Koreans: Based on the Korea National Health and Nutrition Examination Survey (KNHANES), 2008-2011 (한국인의 총 당류 섭취실태 평가: 2008~2011년 국민건강영양조사 자료를 이용하여)

  • Lee, Haeng-Shin;Kwon, Sung-Ok;Yon, Miyong;Kim, Dohee;Lee, Jee-Yeon;Nam, Jiwoon;Park, Seung-Joo;Yeon, Jee-Young;Lee, Soon-Kyu;Lee, Hye-Young;Kwon, Oh-Sang;Kim, Cho-Il
    • Journal of Nutrition and Health
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    • v.47 no.4
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    • pp.268-276
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    • 2014
  • Purpose: The aim of this study is to estimate total sugar intake and identify major food sources of total sugar intake in the diet of the Korean population. Methods: Dietary intake data of 33,745 subjects aged one year and over from the KNHANES 2008-2011 were used in the analysis. Information on dietary intake was obtained by one day 24-hour recall method in KNHANES. A database for total sugar content of foods reported in the KNHANES was established using Release 25 of the U.S. Department of Agriculture National Nutrient Database for Standard Reference, a total sugar database from the Ministry of Food and Drug Safety, and information from nutrition labeling of processed foods. With this database, total sugar intake of each subject was estimated from dietary intake data using SAS. Results: Mean total sugar intake of Koreans was 61.4 g/person/day, corresponding to 12.8% of total daily energy intake. More than half of this amount (35.0 g/day, 7.1% of daily energy intake) was from processed foods. The top five processed food sources of total sugar intake for Koreans were granulated sugar, carbonated beverages, coffee, breads, and fruit and vegetable drinks. Compared to other age groups, total sugar intake of adolescents and young adults was much higher (12 to 18 yrs, 69.6 g/day and 19 to 29 yrs, 68.4 g/day) with higher beverage intake that beverage-driven sugar amounted up to 25% of total sugar intake. Conclusion: This study revealed that more elaborated and customized measures are needed for control of sugar intake of different subpopulation groups, even though current total sugar intake of Koreans was within the range (10-20% of daily energy intake) recommended by Dietary Reference Intakes for Koreans. In addition, development of a more reliable database on total sugar and added sugar content of foods commonly consumed by Koreans is warranted.

A Study on the Interest in Menu and Food Purchase of Some Housemakers in Yosu, Chonnam Area (전남 여수시에 거주하는 일부 주부들의 식단작성의 관심도와 식품 구매에 관한 조사 연구)

  • Jung, Bok-Mi;Ahn, Chang-Bum
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.31 no.4
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    • pp.703-712
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    • 2002
  • This study was carried out to examine the interest in menu and food purchase of housewives living in Yosu, Chonnam. The survey was conducted by questionnaire including question about general characteristics of the subjects, meal planning and food purchase from October to November in 2000. The major general characteristics of subjects are summarized as follows: The forties was 39%, having a job was 44.5%, a high school education was 53.0%, and 1~2 million won in monthly household income was 50.1%. A couple with children was 75% and a 3~4 headed family was 57%. An apartment resident was 67% and one's own house was 67%. The higher the education level was, the higher the percentage of menu preparation and necessity was significantly (p<0.0001). On grocery purchase, the percent of planned purchase was higher than that of impulse purchase, which was higher in housewives without a job. The subject's favorite place for grocery purchase was a traditional market. The higher the age of subjects and the lower the education level of subjects were, the higher the grocery purchase at a traditional market was. However, the younger subjects and subjects with higher education level preferred to purchase groceries in a mart stores in an apartment, and supermarkets in order (p<0.0001). The factors to be considered during purchasing grocery were freshness of materials, price, nutrient, and taste in order. The results of this study showed that it is necessary to educate older person for importance of planning menu and encourage housewives with a job to plan grocery purchase to provide nutritionally adequate meals at reasonable coast.

Comparative Study on the Nurses' Job Satisfaction between the Oriental Medicine Ward and the General Ward (한방병동과 일반병동 간호사의 직무만족도의 비교연구)

  • Byun, Chang-Ja;Choi, Sang-Soon;Paik, Seung-Nam;Lee, Mi-Aie
    • Journal of Korean Academy of Nursing Administration
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    • v.1 no.1
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    • pp.97-111
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    • 1995
  • In our society today, a variety of medical caring system, along with a scientific development in the area of oriental medical science plus national demand, has increased the augmentation and the opening of oriental wards and hospitals (Han Bang), which has come to create an additional requirement of nursing activity at oriental medicine wards should be different from that of the general wards or the same as the other. In view of this, various studies need to be made in this connection. The purpose of this study is to comprehend the number of nurses who want to work at oriental medicine wards and measure job satisfaction in nursing as compared with those working at general wards so as to provide basic materials for future assignment and supplementary training for the nurses. An attempt was made to contribute toward nursing administration on the one hand improving nursing training course on the other hand. A total of 72 nurses currently working at two oriental medicine hospitals available in Seoul and 82 general nurses were selected for this study using the questionaire from December 1993 to January 1994. An instrument for the study was based on the measurement of work satisfaction developed by Paula L. Stamps including 37 questions complemented by Kim for revision (1993) and 14 questions regarding general characteristics and oriental medicine wards. The instrument to test dependability showed Cronbach's=0.7711. The collected data have been processed by computer package SPSS. General characteristics of the two groups and the matters involved in oriental medicine wards were calculated into real figure and percentage an similarities between the two groups were analyzed by t-test and F-test according to the characteristics of variables. The comparative test on work satisfaction among the two groups including general characteristics and work factors were conducted by t-test and F-test. The major findings as a result of the study are as follows : 1. As general characteristics, age group of $26{\sim}30$ years are more than any segment of age. As to marital status, the number of those in single status is slightly higher than the married. Approximately 80% of them are graduates of nursing schools and nursing colleges. They are mostly in service for one to three years. There is no significant difference between the two groups. 2. The number of those who want to work at oriental medicine wards represents 40.3% against 58.4%, being in favor of general wards. 3. The reason for service at oriental medicine wards is that "there is room for potential research" which happened to rank first, followed by "easy job," "good working atmosphere" and "growing interest in oriental medicine." 4. Work satisfactions among nurses who work at oriental medicine wards prove greater than that of nurses who work at general wards. 5. Work satisfaction between the two groups by work factors is reflected with significant difference statistically on task requirement, interaction and doctor-nurse relationships. 6. The general charcateristics and the work satisfaction by work factors prove that there are significant difference in age, marital status, education and the period of work. They tend to be more satisfied with the work as they grow in age. Significant differneces are found in the work factors such as autonomy, adiministration and professional job in the relationship with doctor-nurse. As to marital status, the married are more satisfied than the unmarried. There are significant differneces in the factors respecting administration and doctor-nurse college graduates are highly satisfied with task requirement. However, satisfaction with the professional level has proven the highest degree for those having master degree. The period of work and satisfaction : There are significant differneces in task requirement, administration, interactions, professional level and doctor-nurse relationships. As a general rule, the degree of satisfactions is in proportion to the lengrh of service. The following conclusions are drawn based on the fndings mentioned above. Even though the work satisfaction of the nurse who work at oriental medicine ward is relatively high, it is desired that personal consultation be given as to disposition of nurses when they are assigned to oriental medicine wards. It is also recommended that lectures on oriental medicine be conducted through supplementary training and/or basic nursing course in order that they may be motivated for ingenious activities with an increasing sense of self-esteem which will eventually enhance positive changes for the patients who are in need of oriental medicine nursing and for the medical teams. In addition, joint reseaches involvingclinical care and education should be in constant process for unique and scientific development for those who are subject to oriental medicine nursing care.

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The Risk of Metabolic Syndrome by Dietary Patterns of Middle-aged Adults in Gyeonggi Province (경기 일부 지역 중년 성인의 식사 패턴에 따른 대사증후군 위험에 관한 연구)

  • Lee, You-Sin;Lee, Moo-Yong;Lee, Sim-Yeol
    • Korean Journal of Community Nutrition
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    • v.19 no.6
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    • pp.527-536
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    • 2014
  • Objectives: The aim of this study was to assess how nutrient intakes are related to risk factors for metabolic syndrome according to dietary patterns in the middle-aged adults. Methods: The subjects (n = 187; 47 men, 140 women) consisted of middle-aged adults over 30 years old in Ilsan area. The metabolic syndrome was diagnosed according to the data collected from each subject, including anthropometric measurements and blood analyses. The dietary patterns were derived from the average of two-day dietary intake data. Results: Factor analysis identified three major dietary patterns which were "Meats and alcohol", "Mixed grains, vegetables and fruits", and "Rice, Kimchi and fish & shellfish". The daily intakes of energy, protein, and sodium increased across quartiles of "Meats and alcohol" pattern scores (p < 0.05), whereas the intakes of carbohydrates, potassium, calcium, and fiber increased across quartiles of "Mixed grains, vegetables and fruits" pattern scores (p < 0.001). The "Meats and alcohol" pattern scores were positively correlated with protein and sodium intakes but inversely correlated with carbohydrates, fiber and potassium intakes which were adjusted for age, sex and energy (p < 0.05). The highest quartile pattern score of "Meats and alcohol" pattern had elevated odds ratio of abdominal obesity and metabolic syndrome (p < 0.05). The risk of hypertriglyceridemia decreased in the highest quartile of "Mixed grains, vegetables and fruits" pattern (OR 0.35, 95% CI 0.12-1.00). Conclusions: Our results suggested that reducing the consumption of meat and alcohol along with increasing fruits, vegetables and mixed grains would be helpful for preventing the metabolic syndrome and chronic diseases.

Agroclimatic Zone and Characters of the Area Subject to Climatic Disaster in Korea (농업 기후 지대 구분과 기상 재해 특성)

  • 최돈향;윤성호
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.34 no.s02
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    • pp.13-33
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    • 1989
  • Agroclimate should be analyzed and evaluated accurately to make better use of available chimatic resources for the establishment of optimum cropping systems. Introducing of appropriate cultivars and their cultivation techniques into classified agroclimatic zone could contribute to the stability and costs of crop production. To classify the agroclimatic zones, such climatic factors as temperature, precipitation, sunshine, humidity and wind were considered as major influencing factors on the crop growth and yield. For the classification of rice agroclimatic zones, precipitation and drought index during transplanting time, the first occurrence of effective growth temperature (above 15$^{\circ}C$) and its duration, the probability of low temperature occurrence, variation in temperature and sunshine hours, and climatic productivity index were used in the analysis. The agroclimatic zones for rice crop were classified into 19 zones as follows; (1) Taebaek Alpine Zone, (2) Taebaek Semi-Alpine Zone, (3) Sobaek Mountainous Zone, (4) Noryeong Sobaek Mountainous Zone, (5) Yeongnam Inland Mountainous Zone, (6) Northern Central Inland Zone, (7) Central Inland Zone, (8) Western Soebaek Inland Zone, (9) Noryeong Eastern and Western Inland Zone, (10) Honam Inland Zone, (ll) Yeongnam Basin Zone, (12) Yeongnam Inland Zone, (13) Western Central Plain Zone, (14) Southern Charyeong Plain Zone, (15) South Western Coastal Zone, (16) Southern Coastal Zone, (17) Northern Eastern Coastal Zone, (18) Central Eastern Coastal Zone, and (19) South Eastern Coastal Zone. The classification of agroclimatic zones for cropping systems was based on the rice agroclimatic zones considering zonal climatic factors for both summer and winter crops and traditional cropping systems. The agroclimatic zones were identified for cropping systems as follows: (I) Alpine Zone, (II) Mountainous Zone, (III) Central Northern Inland Zone, (IV) Central Northern West Coastal Zone, (V) Cental Southern West Coastal Zone, (VI) Gyeongbuk Inland Zone, (VII) Southern Inland Zone, (VIII) Southern Coastal Zone, and (IX) Eastern Coastal Zone. The agroclimatic zonal characteristics of climatic disasters under rice cultivation were identified: as frequent drought zones of (11) Yeongnam Basin Zone, (17) North Eastern Coastal Zone with the frequency of low temperature occurrence below 13$^{\circ}C$ at root setting stage above 9.1%, and (2) Taebaek Semi-Alpine Zone with cold injury during reproductive stages, as the thphoon and intensive precipitation zones of (10) Hanam Inland Zone, (15) Southern West Coastal Zone, (16) Southern Coastal Zone with more than 4 times of damage in a year and with typhoon path and heavy precipitation intensity concerned. Especially the three east coastal zones, (17), (18), and (19), were subjected to wind and flood damages 2 to 3 times a year as well as subjected to drought and cold temperature injury.

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