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A Study on the Australian Law Regarding RPAS (Remotely Piloted Aircraft System): Need for an International Approach

  • Wheeler, Joseph;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.311-336
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    • 2015
  • This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.

Performance of Occupational Health Services by Type of Service : Cost Benefit Analysis (사업장 보건관리 사업의 형태별 수행성과 분석 -비용편익 분석을 중심으로-)

  • Cho, Tong Ran;Kim, Hwa Joong
    • Korean Journal of Occupational Health Nursing
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    • v.4
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    • pp.5-29
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    • 1995
  • Occupational health services in Korea have been operated as dual types : one is operated by occupational health care manager and the other is health care agency without their own personnel. The performance of occupational health service should be different due to the variety of characteristics of health care manager and workplace, qualification of health care manager. This study is to analyze performance of occupational health care services with a particular consideration of job performance shape and efficiency, based on comparing those two types of health care management to show on the basic data for the settlement of more qualitative health care management system at workplace. For this study, total 391 places in Seoul and Inchon city area ; 154 places (39.4%) managed by designated health care manager and 237 places (60.6%) by the agency with their commission are selected as research samples. Tools for data collection are questionnares that have been investigated during the period of 20 September 1993-20 December 1993. Those data are compared with percentiles, mean, standard deviation and B/C ratio using SPSS PC program. Conclusions observed from the tests and each comparison could be summerized as follows : 1. Occupational health care have been accomplished at workplaces with designated people than with agencies people, and coverage rate of the occupational health care services has differences, due to management types. The reason of these results is due to visit only one or two times monthly by the agencies, while their own health care manager obsess, at the workplaces all the times. 2. Most of the expense for environmental control of all health care services expenditures shows that there is almost no fundamental improvement because more expenses are needed for procuring personal protective equipment and measuring work environment instead of environmental improvement. 3. It is investigated how much the cost of occupational health care services needs per worker, and calculated how much the cost needs per service hour per worker. The results from this show that the cost of occupational health services at workplaces with their own managers used less than the cost of health care agencies, eventually the former gives better services with less cost than the latter. 4. Benefit/Cost ratio is also produced by total benefit/total cost. The result from the above way reads 4.57 as a whole, while their own manager having workplaces reads 4.82 and the agencies do l.56. Even if their own manager performing workplaces spent more cost, this system produces more benefit than the agencies management. 5. The B/C ratio for medical organization such as local clinic, health care center and pharmacy shows more than or equal to at the workplaces controlled by the agencies. It is inferred that benefit would be much less than the cost used, with so being inefficient. 6. It is assumed that the efficiency ratio of health education is equal to reduction rate of workers medical organization visit. Estimated reduction rate 5%, 10%, 15%, show that the efficiency ratio of health education have an effect on producing benefits. It is estimated that more benefit can be produced if more qualitative education will be provided for enhancing health care efficiency. 7. Results of this study cannot be generalized because there are large scale of deviation in case of workplaces with less than 300 full time workers, but B/C ratio reads 2.69 as a whole and 3.25 at workplaces with their own health care manager are higher than 1.63 at the workplaces manged by the agencies. Finally, all the benefit concerning health care services could not be quantified, measured and shown on the value of money. This is a reason that a considerable part of benefits are so underestimated. This is also thought that measurement tools should be developed for measuring benefits of health care services with a comprehensive quantification. in the future. It is also expected that efficiency of occupational health care services should be investigated using cost-effectiveness analysis.

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A Comparative Analysis of the Level of Occupational Health : Before and After the Subsidiary Program on Health Care Management of Small Scale Industries (영세사업장 보건관리 지원사업 실시 전후의 산업보건수준 비교 분석)

  • Jung, Hye Sun
    • Korean Journal of Occupational Health Nursing
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    • v.4
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    • pp.58-83
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    • 1995
  • The small scale industries which have less than 30 employees occupy 86.5% of total number of industries in Korea. And though they have higher accident rate and lower environmental condition than big industries, it has been not mandatory to appointing health care manager at factory. So, from 1993, government subsidizes to the health care management of small industries. The purpose of this study is to identify the real feature of health care status in small industries, and to evaluate the level of health care management, before and after the subsidiary program. 65 small plating industries which have been managed by the same health care management support institution in 1993 were selected for study. Of the 65 industries, 3 which have not taken both environmental evaluation and health screening in 1994, and 9 which have closed were excluded from study sample. And the remaining 53 were analyzed by using the results of environmental evaluation and health screening, reported to the Ministry of Labor, before and after the subsidiary program, the analysis was done by the comparison of the two year paired data of the same industry. Over-permissible-limit rate, health screening implementation rate, above grade C rate were calculated and compared. The status of health care management ; 1. Of the sample industries, 96.9% provide protective equipment and 80.0% set up ventilating system. Protective gloves (89.2%) and protective clothing (80.0%) are widely provided, but ear plugs (4.6%) are rarely provided. 21.5% of the protective equipment are well put on, and 40.4% of the ventilating systems function well. 2. In 1993, 35 industries, 53.8% of the sample, checked working environment twice. Over-permissible-limit rates of heavy metal (12.2%), suspended particle (11.1%), noise (5.5%) were high. To put on protective equipment and to set up local ventilating system were pointed out by the examiners. 3. General health screening was done at 63.1% of the sample industries and 35.3% of total workers were examined. Specific health screening was done at 93.8% of the sample industries and 75.4% of workers were examined. 15.5% of workers was provided to be above grade C and to have digestive system disease (43.3%), circulatory disease (18.9%), and hematopoietic disease (14.2%), etc. 4. In 1993, the subsidiary program of health care management was provided in forms of health education, health counseling, and rounding check of working field. And 61.5%, 83.0%, 55.4% of sample industries respectively received it. The average visit per industry was 1.8. Comparisons of the level of occupational health before and after the subsidiary program ; 1. Over-permissible-limit rates of hazardous factors of 1993 and that of 1994 were compared. The rates of suspended particle, noise, organic solvent of 1994 (37.5%, 13.4%, 24.2% respectively) were higher than that of 1993 (25.0%, 6.0%, 6.3% respectively). In the case of acid, there was no difference between the rate of 1993 and that of 1994. Only the rate of heavy metal decreased from 12.9% in 1993 to 3.0% in 1994. 2. General health screening was done at 38.7% of the sample industries in 1993 and at 44.6% in 1994. But the implementation rate of specific health screening decreased from 72.4% in 1993 to 64.6% in 1994. 3. The implementation rate of specific health screening was analyzed by some health factors. The rate of suspended particle increased from 61.8% in 1993 to 91.2% in 1994. But the rates of the others-noise, organic solvent, heavy metal, specific chemical substances-decreased. 4. Above grade C rate in health screening increased from 27.8% in 1993 to 35.5% in 1994. But that of endocrine disorders and pulmonary disease decreased.

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A Local Governments' Preferences in Selecting Modern Eight Scenic Landscapes (지자체가 선정한 현대팔경에 나타난 경관 선호 양상)

  • So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.1
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    • pp.92-102
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    • 2020
  • The followings are the landscape preference aspects from the 816 landscapes(景, Kyung), which comprise the 78 modern Palkyungs, presented by the 78 local governments in Korea. First, the natural environment elements selected as Kyung(景), which are topographical landscapes, mostly consist of mountain elements such as mountains, terrace(臺), rocks and stones and water elements classified as rivers, oceans, and lakes. Natural elements also include old-growth and giant trees such as pines, ginkgos, Japanese cornels and fringe trees, tree-lined streets and forests, and plant elements such as azaleas, rhododendrons, lotuses, reeds, and silver grasses which provide seasonal landscapes. Second, more than half of Kyung, selected as human environment elements, are historical and cultural heritages such as graveyards, mountain fortresses, town fortresses, traditional villages, pavilion in villas, and temples. And it is followed by leisure tourism facilities such as traditional markets, exhibition halls, theme parks, beaches, and food streets, green-based structures such as trails, plazas, parks, and botanical gardens, and industrial heritages such as ranches, abandoned coal mines, stations, ports and bridges. Third, modern Palkyungs include objects not related to the views such as local representative facilities, regional products, and festivals. Fourth, although most of the modern Palkyungs consist of eight, some include 20, 38, or 100 in order to increase the number of objects of public relations. Fifth, a certain local government makes two modern Palkyungs with different subjects by introducing traditional Palkyung and modern Palkyung altogether. In this case, it presents several modern Palkyungs like by selecting Palkyungs in a limited area. Furthermore, one Palkyung includes numerous place names at a time in some cases. Sixth, Sosangjeonhyeong(瀟湘典型)-style modern Palkyung uses 'NakAn(落雁)' as the name of Kyung. Sosangyusahyeong(瀟湘類似型)-style modern Palkyung expresses 'Hyojong(曉鐘)' and landscape of glow of the setting sun, sunset, night view, dawn, sunrise and depicts cloud, sunset, moon, and snow. There are many Myeongsocheheomhyeong(名所體驗型)-style Palkyungs exhibiting the behavior of tourism and Myeongseunghyeong(名勝型)-style Palkyungs raising the awareness only by the names of the places. Seventh, modern Palkyung's naming styles are diverse, such as using only four letters instead of specifying Kyungmul(景物) or Kyungsaek(景色) in combination with Chinese characters or adding modifiers specializing in places.

A Leg Analysis on the Discharge of Cargo Residue at Sea (화물잔류물의 해양 투입처분(배출) 사안에 대한 법률적 분석)

  • Hong, Gi-Hoon;Park, Chan-Ho
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.4
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    • pp.193-202
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    • 2006
  • The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

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A Survey of Parent's Oral Health Perception for the Oral Health Promotion of the Preschool Children (유아의 구강건강증진을 위한 보호자의 구강건강 인식도 조사)

  • Park, Hyang-Sook;Kim, Jin-Soo
    • Journal of dental hygiene science
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    • v.7 no.3
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    • pp.135-139
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    • 2007
  • 1. Recognition of subjects on oral health education, About the question if they know oral health education, those who said yes were 241(70.7%) and those who said no were 100(29.3%). And, about the question how they get to know oral health education, 161(47.2%) told they knew it by a kindergarten or a nursery, 115(33.7%) told by neighbors, 30(8.8%) told by a public health center, 28(8.2%) told by a dental clinic and 7(2.1%) told that they learned it by other methods. 2. The perception of subjects on oral health education, About the question if they executed oral health education in a kindergarten or a nursery, 254(74.5%) said yes and 87(25.5%) said no. And, about the question if they have ever executed oral health education out of a kindergarten or a nursery, 70(20.5%) said yes and 271(79.5%) said no. 3. Subjects' oral health behaviors and attitudes toward children, About the question if they have ever visited a dental office, 249(73.0%) said yes and 92(27.0%) said no. And, about the question if they watch their children's toothbrushing, 321(94.1%) said yes and 20(5.9%) said no. About the question if they examine if their children have decayed teeth, 213(62.5%) said yes and 128(37.5%) said no. And, about the question if they are interested in their children's oral health, 244(71.6%) said yes and 97(28.4%) said no. 4. It appeared that unemployed mothers executed oral health education to their children more compared with employed mothers(p < .01). 5. Execution of oral health education according to the recognition of oral health education and previous experiences of subjects, The execution of oral health education according to the recognition of oral health education was statistically significant(p < .001). 6. Execution of oral health education according to the subjects' oral health behaviors and attitudes toward children. The execution of oral health education according to the experience of visiting a dental office, watching children's toothbrushing and watching children's teeth was statistically significant(p < .01, p < .001).

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A Study on Oral Health Knowledge and Behavior among the Elderly (노인들의 구강보건지식과 구강보건행태에 관한 연구)

  • Lee, Yeun-Kyoung;Han, Hwa-Jin
    • Journal of dental hygiene science
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    • v.12 no.3
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    • pp.189-195
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    • 2012
  • The subjects in this study were 281 elderly people in some regions. After they were respectively interviewed, the following findings were given: The group of elderly people who brushed their teeth three times or more and who did toothbrushing in an arbitrary way were more concerned about oral health, and the gap between them and the others (p<.05). The group who paid a regular visit to dental clinics had more interest in oral health than the other (p<.01). The group who brushed their teeth in an arbitrary way had more remaining teeth, and the gap between them and the others(p<.05). The group who did toothbrushing for about two minutes had more remaining teeth, and more edentulous jaws were found in the group who brushed their teeth once (p<.01). The group who did toothbrushing three times or more scored higher in oral health knowledge, and the gap between them and the others(p<.01). And the group who paid a regular visit to dental clinics scored higher in oral health knowledge, and the gap between them and the other (p<.01). In the future, the development of a wide variety of oral health programs and prolonged oral health education are both required. Diverse oral health programs and education are expected to stir up elderly people's interest in oral health, to improve their oral health knowledge and to give a positive change to their oral health behavior.

Comparison of Weighted Needle Pinprick Sensory Thresholds and Sensory Nerve Conduction Studies in Diabetic Patients (당뇨병 환자에서의 가중침자 감각역치와 감각신경 전도검사와의 비교)

  • Ryoo, Jae-Kwan
    • Journal of Korean Physical Therapy Science
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    • v.3 no.1
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    • pp.929-941
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    • 1996
  • This study was conducted to determine the association between weighted needle pinprick sensory threshold(PPT) and sensory nerve conduction studies. The subjects were 53 healthy controls, 31 diabetic patients without peripheral neuropathic symptoms(DM) and 36 diabetic patients with peripheral neuropathic symptoms(DN). PPT was measured on the index and little fingers, bilaterally, as well as under the lateral malleolus, bilaterally. In electrophysiologic assessment the left and right median, ulnar and sural nerves were studied. Mean PPT in DN, DM and controls was high in turn on each sites tested. Age controlled PPT was significantly different among three groups on right little finger(p<0.05) and left malleolus(p<0.05), but on other sites, not statistically significantly different between DN and DM. The results were as follows: Sensory nerve conduction velocity and amplitude on each nerve tested were statistically significantly different among three groups(p<0.05). Correlation of PPT with sensory nerve conduction velocity and amplitude were statistically significant on each site and ranged from -0.4203(left malleolus) to -0.5649(right index finger) and from -0.3897(left index finger) to -0.6200(right index finger), respectively. When electrophysiological study is not feasible, measurement of PPT may be helpful for the assessment of peripheral sensory neurological function.

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Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A Study on the Butchering place and method of Animal remains-centering around at the shell middens of proto-three kingdoms and three kingdoms (동물유체의 해체장소와 방법에 관한 일고찰-삼한 및 삼국시대의 조개더미 자료를 중심으로)

  • Yu, Byeong-Il
    • KOMUNHWA
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    • no.70
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    • pp.63-88
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    • 2007
  • The purpose of this writing is to examine the places and instruments of the dissection for deformed animal carcasses excavated in shellfish stacks of the period of the Proto-Three Kingdoms(삼한) and the Three Kingdoms(삼국). The remains were chosen, which had been excavated and finished in the analysis of the animal carcasses, and the main objects are all shells and deer, especially among Mammalia. As the result, the dissection of shells was not taken place in the habitats of the animals, but inside or around of the residence of the people. For deer, too, it was done in the public place or specific area around and inside the residence. As concerns the method of dissection for shells, for Pelecypoda(부족류), represented by Meretrix lusoria(백합), the inner meat was taken out by wrenching the shell with a kind of small knives, or by boiling, and sometimes by cracking the middle of the shell in the case of big Meretrix lusoria and Dosinorbis japonicus(떡조개). For Rapana venosa(피뿔고둥), representative of Gastropoad(배발류), the people broke the top or some parts of the body to get the inner meat or used some kind of needles and stylus to pick the inner meat out after boiling. Abalones‘ meat was attached firmly to the shell, so very sharp and proper metal instruments were used to take the meat out Relatively small-sized Reishia clavigera(대수리),Top shell(밤고둥) meats were taken out by breaking the top parts after boiling, then sucking the meats, or by picking them out by using needles and stylus in the original shape. In the case of large Mammalia like deer, in the full consideration of the point that deer itself are used in various ways, they were dissected in the order of skinning, taking out the internal organs, cutting front and rear legs, separating joint parts and meats, extracting bone-marrow by 철정, 철부, ironed hand knife in very delicate ways. It seems that skinning, and front and rear legs' cutting were taken place in the place around the residence, on the other hand joint parts' separating and bone-marrow extracting in the residence. The tools for the dissection were confirmed to be hand-knife, honed ax, hammer stone, bondstone, needles and stylus, and some other sharp instrument. They were used properly according to objects.

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