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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

Survey on the Sodium Contents of Nursery School Meals in Gyeonggi-Do (경기도지역 어린이집의 단체급식 중 나트륨 함량 실태조사 연구)

  • Jung, Hong-Rae;Lee, Myung-Jin;Kim, Ki-Cheol;Kim, Jung-Boem;Kim, Dae-Hwan;Kang, Suk-Ho;Park, Jong-Suk;Kwon, Kwang-Il;Kim, Mee-Hye;Park, Yong-Bae
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.39 no.4
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    • pp.526-534
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    • 2010
  • The prevalence rate for chronic diseases such as obesity, diabetes, hypertension etc. caused by the increment of national income and the change of food life according to the globalization in Korea have been increased. Especially excess sodium intake may contribute to the development of hypertension, increasing cardiovascular disease risk. The objective of this study was to investigate sodium intake of nursery school meals in Gyeonggi-Do, and to construct database for lesser sodium intake policy. Survey consisted of 601 sample intakes of sodium in summer and in winter. A food weighed record method was used for measuring food intakes. Average intakes of ten children per nursery school were measured. The sodium contents of meals were analyzed by ICP-OES (inductively coupled plasma-optical emission spectrometer) after acid digestion by microwave. The sodium contents on food groups showed that sources (693 mg/100 g), grilled foods (689 mg/100 g) and kimchies (643 mg/100 g) had respectively higher sodium contents and the average sodium intake per meal was $582\pm204$ mg. The sodium contents of soups & hot soups and kimchies had 37.5% and 15.8% of total sodium intakes per meal, respectively. Sodium intakes per meal in summer and winter showed 572.3 mg and 592.3 mg, respectively. Regional ranking of sodium intakes showed the ascending order of apartment (514.3 mg/meal), rural region (540.5 mg/meal), multiplex house (635.9 mg/meal) and industrial complex (696.4 mg/ meal). A habit of excessive sodium intakes in childhood will threaten their health when they grow up to be adults; thus lesser intake of sodium per meal is needed for children in nursery school.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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Meta-Analysis on Effectiveness of Intervention to Improve Patient Compliance in Korean (한국인 치료순응도 향상을 위한 개입 효과에 대한 메타분석)

  • 김춘배;조희숙;현숙정;박애화
    • Health Policy and Management
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    • v.12 no.2
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    • pp.23-42
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    • 2002
  • The purpose of this study was to analyze the results of 133 studies related to patient compliance published between 1980 and 2001 and to assess the effectiveness of intervention on compliance by using meta-analysis. We collected the existing literatures by using web and manual search 'patient compliance', 'sick role behavior', 'major clinical disease', and 'intervention' as key words and by reviewing content of journals related to medicine, nursing and public health. The compliance interventions were classified by theoretical focus into educational, behavioral, and affective categories within which specific intervention strategies were further distinguished. The compliance indicators broadly represent five classes of compliance-related assessments: (1) health outcomes (eg, blood pressure and hospitalization), (2) direct indicators (eg, urine and blood tracers and weight change), (3) indirect indicators (eg, pill count and refill records), (4) subjective report (eg, patients' or others' reports), (5) utilization (appointment making and keeping, use of preventive services). Quantitative meta-analysis was performed by MetaKorea program which was developed for meta-analysis in Korea. Among the 133 articles, 10 studies were selected through the qualitative meta-analysis process, and then only 6 studies were selected for the quantitative meta-analysis finally. The interventions produced significant effects for all the compliance indicators with the magnitude of common effect size (4.1192) than the non-intervention group in a random effect model. The largest effects were each study for patient of hypertension using health outcome such as blood pressure (0.4679) and diabetes mellitus using direct indicator such as glucose level in blood and urine (0.7753). These results suggest that strategic interventions showed clear advantage for improvement of patient compliance compared with non-intervention group.

A study on Categorized type and range for the Aircraft and the LSA (우리나라 항공기 및 경량항공기의 종류 및 범위에 대한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.55-71
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    • 2013
  • By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

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A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.259-294
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    • 2013
  • After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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A New Auricleless Barley Cultivar "Dami" for Whole Crop Forage (밀식적응 양질 다수성 무엽이 청보리 품종 "다미")

  • Park, Tae-Il;Seo, Jae-Hwan;Han, Ouk-Kyu;Park, Ki-Hun;Choi, Jae-Seong;Kim, Jung-Gon;Park, Jong-Chul;Kim, Hong-Sik;Heo, Hwa-Young;Baek, Seong-Bum;Kwon, Young-Up;Park, Hyoung-Ho;Kang, Moon-Seok;Park, Kwang-Geun;Suh, Sae-Jung
    • Korean Journal of Breeding Science
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    • v.41 no.3
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    • pp.349-353
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    • 2009
  • We developed a new barley cultivar "Dami" (Hordeum vulgare L.) with the auricleless gene lig (al, li, aur-a). The characteristic of auricleless is a spontaneous mutant type which has known as a monogenic recessive gene. The plant with the gene has erect leaf blades because of no auricle. The cultivar was derived from a cross between 'BGS60' and 'Kangbori'. 'BGS60' has the auricleless gene (li), while 'Kangbori' showed a high biomass with winter hardiness and resistance to BaYMV (Barley Yellow Mosaic Virus). Subsequent generations were handled by the bulk method in a pedigree selection program. A promising line showed both high yield and lodging resistance in the yield trials at Iksan in 2003 to 2004, and designated as Iksan414. The line was subsequently evaluated for winter hardiness, earliness, and yield in the seven locations around Korea for three years from 2005 to 2007 and was designated as "Dami" and released. It has the growth habit of III, erect plant type, green leaf and stem similar to the check cultivar 'Sunwoo' Its heading date was April 30, and maturing date May 31 in paddy field conditions, which were similar to those of 'Sunwoo' respectively. The cultivar Dami was 97 cm in culm length, had 643 spikes per $m^2$ and higher leaf dry weight, and better adaptability to dense planting, winter hardiness, and resistance to BaYMV than the check cultivar did. The average forage yield of "Dami" was about 12 ton $ha^{-1}$ in dry matter (33 ton $ha^{-1}$ in fresh matter) in paddy field. "Dami" also showed 7.5% of crude protein content, 28.5% of ADF (Acid Detergent Fiber), 50.1% of NDF (Neutral Detergent Fiber), and 66.4% of TDN (Total Digestible Nutrients), including higher grade of silage quality for whole crop barley. This cultivar would be suitable for the area where the daily minimum temperature of January is above $-8^{\circ}C$ in Korean peninsula.

A New Whole Crop Barley Cultivar 'Younghan' with Good Quality, Resistance to Lodging and Viral Disease and High-Yielding (양질 내병 내도복 다수성 청보리 품종 '영한')

  • Park, Tae-Il;Seo, Jae-Hwan;Han, Ouk-Kyu;Kim, Kyeong-Hun;Oh, Young-Jin;Park, Ki-Hun;Choi, Jae-Seong;Park, Jong-Chul;Park, Hyoung-Ho;Kim, Hong-Sik;Kim, Jung-Gon;Song, Tae-Hwa;Kim, Won-Ho;Park, Nam-Geon;Jeung, Jae-Hyun;Ju, Jung-Il;Kim, Soo-Yong;Kim, Dae-Ho
    • Korean Journal of Breeding Science
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    • v.43 no.3
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    • pp.184-189
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    • 2011
  • 'Younghan' (Hordeum vulgare L.), a winter barley for forage use, was developed by the breeding team at the Department of Rice and Winter Cereal Crop, National Institute of Crop Science, Rural Development Administration in 2008. It was derived from a cross between $F_1$['YB3433-3B-5'/'YB3135-3B-2-3'] and 'YB3135-3B-2-3'. 'SB971305-B-B-B-4-4' line was selected for its earliness, resistance to disease and good agronomic characteristics. The promising line showed both high yield and lodging resistance in the yield trials in Iksan in 2004 to 2005, and designated as 'Iksan420'. The line was subsequently evaluated for winter hardiness, earliness, and yield at eight locations throughout Korea for two years from 2007 to 2008 and finally named as 'Younghan'. It has the growth habit of IV, erect plant type, green leaf and thick culm in diameter. Its heading date was April 24, and the maturing date was May 25 in paddy field conditions, which were one day earlier than those of the check cultivar 'Youngyang'. The cultivar 'Younghan' had better winter hardiness, and resistance to lodging and BaYMV than those of the check cultivar did. The average forage dry matter yield of 'Younghan' was approximately 12.0 MT/ha in adapted region. 'Younghan' also showed 8.5% of crude protein content, 27.2% of ADF, and 67.1% of TDN, including higher grade of silage quality for whole crop barley. This cultivar would be suitable for (area with daily minimum temperature in January) above $-8^{\circ}C$ in Korean peninsula.

'Youho', A New Forage Barley Cultivar with Ruminant-Palatable Hood Spike Type and Non-Scatteredness (가축 기호성이 높은 내탈립 삼차망 청보리 신품종 '유호')

  • Park, Tae-Il;Seo, Jae-Hwan;Han, Ouk-Kyu;Kim, Kyeong-Hun;Park, Ki-Hun;Oh, Young-Jin;Choi, Jae-Seong;Park, Jong-Chul;Park, Hyoung-Ho;Kim, Hong-Sik;Kim, Jung-Gon;Song, Tae-Hwa;Kim, Won-Ho;Park, Nam-Geon;Jeung, Jae-Hyun;Ju, Jung-Il;Kim, Soo-Yong;Kim, Dae-Ho
    • Korean Journal of Breeding Science
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    • v.43 no.3
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    • pp.190-195
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    • 2011
  • 'Youho' (Hordeum vulgare L.), a new ruminant-palatable forage barley cultivar, was developed by the breeding team at the Department of Rice and Winter Cereal Crop, National Institute of Crop Science, RDA in 2008. It was derived from the cross between 'Suwon339' and 'Suwon355'. Among the cross made in 1999, a promising line, SB992047-B-B-B-6-2, showed good characteristics in potential forage yield in the yield trial tested at Iksan from 2005 to 2006. In 2007, it was designated as 'Iksan431' and placed in regional yield trials at eight locations in Korea for two years from 2007 to 2008, and was released as the name of 'Youho'. It has the growth habit of group II, erect plant type, green leaf and hood spike. Its average heading and maturing dates were on Apr. 24 and May 26, respectively, which are similar to check cultivar 'Yuyeon'. 'Youho' also showed weaker winter hardiness, but better resistance to lodging, shattering and BaYMV than those of check cultivar. It showed higher crude protein content, grade of silage quality than those of check cultivar. The average forage dry matter yield in the regional yield trial was about 14.1, $10.9MT\;ha^{-1}$ in upland and paddy field, respectively, which were 1% to 4% lower than that of the check cultivar. This cultivar would be suitable for the area whose daily minimum temperature was above $-8^{\circ}C$ in January in Korean peninsula.