• Title/Summary/Keyword: Remedy

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A Study on the Buyer's Duty to Mitigate Seller's Damages in CISG (CISG상의 매수인의 손해경감의무에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.1-23
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    • 2015
  • A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

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Effects of Safflower (Carthamus tinctorius L.) Seed Powder on Bone Resorption in Ovariectomized Rats (난소적출 흰쥐에서 홍화(Carthamus tinctorius L.)씨 분말이 골흡수에 미치는 영향)

  • Bae, Chun-Sik;Park, Chang-Hyun;Chang, Byung-Joon;Kim, Hwi-Yool;Cho, Ick-Hyun;Uhm, Chang-Sub
    • Applied Microscopy
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    • v.31 no.2
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    • pp.109-116
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    • 2001
  • Safflower has been cultivated in Korea and thought to have excellent effects on bone in oriental medicine and folk remedy and has been taken for a long time. Safflower is thought to be helpful for the development and sustenance of bones according to the result of recent assay of its components. Otherwise, any reliable experimental data have not been suggested so far. We have carried out this study to examine the prophylactic effects of safflower-seed-powder on the prevention of osteoporosis induced by the ovariectomy 12 Weeks-old Sprague-Dawley rats weighing about 230 g was kept in the experimental condition and used in this study. Animals were taken 0.3 g of safflower-seed-powder once a day for 1, 3, 5, and 7 weeks after ovariectomizing both ovaries and observed the fine structure of tibia. Tissues were fixed with traditional SEM preparation methods and decalcified for 10 hours with 10% nitric acid and dehydration, drying, and gold-coating were followed by the routine procedures and observed with scanning electron microscope (Hitachi, S-450). Loss of bone was started just after ovariectomy and thickness of bone from the medullary cavity to the compact bone was reduced and the extension of medullary cavity was serious in the control group of 7 weeks. Experimental groups taken safflower-seed-powder showed similar findings from 1 week to 7 weeks. These results suggest that the safflower-seed-powder is thought to be efficient for the prevention of osteoporosis owing to the deficiency of female sex hormone.

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Literatual Study on Pathology of Insomnia (불면증(不眠症)의 병인병리(病因病理)에 관한 문헌고찰)

  • Choi Jae-Hong;Lee Dong-Won
    • Journal of Oriental Neuropsychiatry
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    • v.12 no.1
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    • pp.81-95
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    • 2001
  • Though, these days there are increasing many patient of insomnia, there was not considered literatual study on insomnia. So, the result of consideration about cause and process of insomnia from thirty kinds of literatures, are as follows. 1. Early literature like Huangjaenankyung(黃帝內經), Sanghanron(傷寒論) reffered to insomnia as accompanying symptom. on the other hand, Myung(明), Chung(淸)'s literatures reffered to that as chief symptom or distinguished chief symptom from accompanying symptom. 2. There were tendency of deductive expanding of various masters and tendency of induction of simple theory that was based on Huangjaenankyung(黃帝內經). 3. Huangjaenankyung(黃帝內經) showed basic process of the sleep disorder that 'exhausting of Yin and excess of Yang (陰盡陽盛)', protecting energy does not invade Yin portion(陽氣不入於陰). And Huangjaenankyung(黃帝內經) showed cause of insomnia that deficiency of vital energy and blood, imbalanced of spleen and stomach, a fever as a invasion in the outside, lung system's disease. This became a basic cause and process of the sleep disorder in ancient period. 4. Sanghanron(傷寒論) occurred to insomnia as accompanying symptom in progress, remedy of a fever invaded outside, Kumkyeyoriak showed as origination in weakness, fatique, various diseases. Out of that, there is a significance in description of insomnia from some disease like histery or neurosis. 5. Jaebyungwonhuron(諸病源候論), Chunkumbang(千金方), Kukbangseo(局方書.) occured to a fire of heart(心慤) and a deficiency of heart and gall bladder(心膽虛) in defails. Insomnia is caused by agony of seven emotion, delivering of a child, are similar to insomnia is caused by psychologic disorders. Injaesanghanyusu(仁劑傷寒類書) occured to exhausting of Yin and excess of Yang (陰盡陽盛), imbalanced of stomach(胃不和) invasion of coldness(傷寒) are brought a conclusion of assumption of sap(津液耗損) brought about unreturn of yin energy. 6. Manbyunghuechum(萬病回春) in Myung period (明代) made much of portion of phlegm's influence about spiritual function. Kyungakjunsu(景岳全書) valued much of treatment divided according to excess and deficiency. Junginmaekchi(證因脈治) occurred to concept of pyorihesil(表裏虛實), Dongyibokam(東醫寶鑑) synthesised various theories. 7. Hyuljungron(血證論), Byunjungkimun(辨證奇聞), Suksilbirok(石室秘錄) made much of surprisemeni(驚恐) Consideration(思慮), liver's dryness(肝燥) is caused by liver's weakness(肝虛), imbalance of haert -kidney(心腎不交), seven emotion(七情). Especially, ftyujungchijae(類證治載) said that heart, liver, gall-bladder, kidney, surprisment, consideration baought to a conclusion of inbalance of Yang and Yin (陽不交陰). There is a tendency in literature mostly that literature showed separation of insomnia as a chief symptom. 8. These days there are increasing many patient of insomnia. So, it is needed to study about insomnia as a psychologic disease. Saying in conclusion, it is needed that we have to recognize in modern style based on ancient style of cause and process of insomnia. It is regarded to study about insomnia definitely and experimently.

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Analysis of Qigong Curriculum Has Established and Qigong-related Clubs in College of Oriental Medicine (전국 한의과대학 기공학 과목 개설 및 기공 동아리 현황)

  • Kim, Ki-Jin;Han, Chang-Hyun;Lee, Sang-Nam;An, Hee-Duk;Kwon, Young-Kyu;Choi, Sun-Mi
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.22 no.5
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    • pp.1112-1118
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    • 2008
  • Qi is in the capacity of pivotal element to describe the life, based on the principles of remedy such as Qigong, meridian pathways, acupuncture, moxibustion and herbal medicine. The purpose of this study was to identify the status of course offered Qigong and Qigong-related clubs in 11 college of oriental medicine. For survey courses offered Status of Qigong in 11 college of oriental medicine, I checked its homepage in august 2008. And about the facts that I could not verify information from the homepage, I obtained through the phone manner. For survey Qigong-related clubs in 11 college of oriental medicine, I phoned the president of union clubs and found out Qigong-related clubs. And then I phoned the presidents of Qigong-related clubs that consented before the fact, investigated the overall situation of clubs. Nine out of 11 college of oriental medicine offered course of Qigong. All of them are opened as major in a premedical course. Six universities have practical training. Six out of 11 college of oriental medicine had Qigong-related clubs. And the number of club is 12. The number of club in Daeguhaany university, 4, is the most. The number of membership of club in Daeguhaany university, 61, is the most too. Most of them are co-majoring both Jung-gong and Dong-gong. It is considered that in lecture of Qigong, It is in a need of lecturing in a regular course with clinical contents, rather than lecturing in a premedical course with basic contents. Of spontaneous club activities, after graduation so that they can get practical help for future. I think from now on we need to investigate deeply practical rate of satisfaction and the present condition of clubs.

Study on the Medical Review on Yukjagyeol and Younggamudo Its Clinical Application (육자결(六字訣)과 영가무도(詠歌舞蹈)의 한의학적 고찰 및 임상적용에 대한 연구)

  • Lee, Dong-Wook;Han, Chang-Hyun;Park, Soo-Jin;Kwon, Young-Kyu
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.22 no.3
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    • pp.516-527
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    • 2008
  • Sounds and music have been used in various ways in the East and the West, as it is well known that they influence the human mind and health a lot. Recently, there have been many studies regarding the remedy through sounds and music in the West and they have made good effects in the actual therapy. In the East, people knew that sounds and music would make great effects on human mind long time ago and they placed importance on sounds and music. Although there is a Sound Therapy in Oriental Medicine, it is not studied sufficiently in modern Oriental Medicine. It does not have clear standards for the clinical application and has not been frequently used. Accordingly, Yukjagyeol which has long been used in Korean Medicine and Younggamudo which was made by Kim Il-bu in late Chosun were compared from the perspective of acoustics and demonstrative treatment theory of Korean Medicine. Younggamudo by Kim il-bu allot the five sounds such as 'Eum, Ah, Eo, Ih and Uh' to 'spleen, lung, liver, heart and kidney' respectively. As the five sounds are all vowels and vibrate the vocal band as much as possible, they vibrate and resonant the respective organs to help them to function and promote circulation. In oriental medicine, there is 'Singing and Dancing Treatment'. They say songs and dances nurtures personality, supplement blood stream and comfort the mind. As the five sounds of Younggamudo take the melody while vibrating the vocal band sufficiently, when it passes from Youngto Ga(Songs) we may dance moving our bodies according to the rhythm. Therefore Gongbeop of Younggamudo helps the functionality of human organs and promotes blood circulation. As Yukjagyeol is Sabeop(discharging method), it should be used for those who have surplus Sagi and should not use for Heojeung. As Younggamudo is Bobeop(supplementing method), it is not for Shiljeung but for Heojeung which lacks of Jeonggi. It is considered that healthy people without specific disease can use it as a preventive method of 'Chimijeong' to maintain their physical and mental health. It is considered that we can have useful effects if we apply Yukjagyeol and Younggamudo dialectically with the concept of Bosa. It is considered that concrete application to Sound Gigong can be possible by searching for the methodology for empirical further study and clinical experiments and clinical application in the future.

The Behavioral Attitude of Financial Firms' Employees on the Customer Information Security in Korea (금융회사의 고객정보보호에 대한 내부직원의 태도 연구)

  • Jung, Woo-Jin;Shin, Yu-Hyung;Lee, Sang-Yong Tom
    • Asia pacific journal of information systems
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    • v.22 no.1
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    • pp.53-77
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    • 2012
  • Financial firms, especially large scaled firms such as KB bank, NH bank, Samsung Card, Hana SK Card, Hyundai Capital, Shinhan Card, etc. should be securely dealing with the personal financial information. Indeed, people have tended to believe that those big financial companies are relatively safer in terms of information security than typical small and medium sized firms in other industries. However, the recent incidents of personal information privacy invasion showed that this may not be true. Financial firms have increased the investment of information protection and security, and they are trying to prevent the information privacy invasion accidents by doing all the necessary efforts. This paper studies how effectively a financial firm will be able to avoid personal financial information privacy invasion that may be deliberately caused by internal staffs. Although there are several literatures relating to information security, to our knowledge, this is the first study to focus on the behavior of internal staffs. The big financial firms are doing variety of information security activities to protect personal information. This study is to confirm what types of such activities actually work well. The primary research model of this paper is based on Theory of Planned Behavior (TPB) that describes the rational choice of human behavior. Also, a variety of activities to protect the personal information of financial firms, especially credit card companies with the most customer information, were modeled by the four-step process Security Action Cycle (SAC) that Straub and Welke (1998) claimed. Through this proposed conceptual research model, we study whether information security activities of each step could suppress personal information abuse. Also, by measuring the morality of internal staffs, we checked whether the act of information privacy invasion caused by internal staff is in fact a serious criminal behavior or just a kind of unethical behavior. In addition, we also checked whether there was the cognition difference of the moral level between internal staffs and the customers. Research subjects were customer call center operators in one of the big credit card company. We have used multiple regression analysis. Our results showed that the punishment of the remedy activities, among the firm's information security activities, had the most obvious effects of preventing the information abuse (or privacy invasion) by internal staff. Somewhat effective tools were the prevention activities that limited the physical accessibility of non-authorities to the system of customers' personal information database. Some examples of the prevention activities are to make the procedure of access rights complex and to enhance security instrument. We also found that 'the unnecessary information searches out of work' as the behavior of information abuse occurred frequently by internal staffs. They perceived these behaviors somewhat minor criminal or just unethical action rather than a serious criminal behavior. Also, there existed the big cognition difference of the moral level between internal staffs and the public (customers). Based on the findings of our research, we should expect that this paper help practically to prevent privacy invasion and to protect personal information properly by raising the effectiveness of information security activities of finance firms. Also, we expect that our suggestions can be utilized to effectively improve personnel management and to cope with internal security threats in the overall information security management system.

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Effects of Suaeda asparagoides MIQ extracts on mice ileal motility (마우스 회장 운동에 대한 나문재 (Suaeda asparagoides MIQ) 추출물의 효과)

  • Song, Jae-Chan;Park, Chang-Hee;Kim, Hyun-Tak;Endale, Mehari;Rhee, Man-Hee;Park, Seung-Chun;Kim, Kil-Soo;Kim, Tae-Wan
    • Korean Journal of Veterinary Research
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    • v.46 no.4
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    • pp.323-326
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    • 2006
  • Suaeda (S.) asparagoides $M_{IQ}$, one of the halophyte groups, has been used as a folk remedy for digestive disturbances in Korea. However, its pharmacological activity on gastrointestinal motility has not been reported yet. In this study, the effects of this halophyte extracts with various solvent fractions (ethanol, hexane, chloroform, ethyl acetate, butanol, and water) on mice ileal spontaneous motility was examined. All solvent fractions at the concentration of $100{\mu}g/ml$ showed inhibitory actions on spontaneous motility of ileum with the potency order of water > 70% ethanol > hexane ${\gg}$ chloroform ${\geq}$ butanol ${\geq}$ ethyl acetate, respectively. In addition, the water fraction of extracts from S. asparagoides $M_{IQ}$ (WFSA) dose-dependently ($1-100{\mu}g/ml$) inhibited the amplitude of spontaneous phasic contraction and area under the contractile curve (AUC). The inhibitory effect of water fraction at the concentration of $10{\mu}g/ml$ was not affected by tetrodotoxin (TTX), $Na^+$ channel blocker ($1{\mu}M$), and $N^w$-nitro-L-arginine Methyl Ester (L-NAME), nitric oxide synthase inhibitor ($100{\mu}M$). However, cyclopiazonic acid (CPA, $10{\mu}M$), inhibitor of sarcoplasmic reticulum $Ca^{2+}$-ATPase, almost blocked the inhibitory effects of WFSA ($10{\mu}g/ml$) on the spontaneous phasic contraction of mouse ileum. But, CPA did not inhibit the lowering basal tone effects of WFSA. The result of this study showed that various extracts of S. asparagoides $M_{IQ}$ induce inhibitory effects on spontaneous contraction of mice ileal segments. More over, the polar solvent fractions were shown to be more potent than non-polar solvent fractions. The effects of S. asparagoides $M_{IQ}$ extracts are not mediated by nerve or nitric oxide. The inhibitory effects of WFSA at least partially mediated by sarcoplasmic reticulum $Ca^{2+}$-ATPase. However, further study is required to determine the exact pharmacological mechanisms of this halophyte on its gastrointestinal motility inhibitory effects.

A Study on the Operation Regional Emergency Medical Center and the Using Behavior by Visiting Patients (한 지역 권역 응급의료센터 내원환자의 이용 행태 분석)

  • Ryu, Hwang Gun;Song, Hyun Kyung;Kim, Hye Suck;Kim, Tae Gon
    • The Korean Journal of Health Service Management
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    • v.1 no.1
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    • pp.110-124
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    • 2007
  • Currently, we have seen sudden increase of demand for emergency medical services by reason for high-speed economic development increase of traffics, etc. in this society. Consequently the government enforced & operated emergency medical system in 1991 as a link of more positive countermeasure against it, but many problem; still remain in reality. In particular, the regional emergency medical center designated by the Ministry of Health and Welfare falls short of our expectations for its essential role by the reason of such as insufficiency in professional manpower and institutions concerned in small-scale hospital, matters with transportation system, preference of large hospital, etc. Therefore, this study was conducted grasp for the actual conditions of emergency medical system based upon literature research & the preceding studies and interview research the motive of coming hospital, satisfaction & understand to the subject of 150 persons of patients and their guardians who used regional emergency center of Pusan National University Hospital, thereby examining & analysing the cause of emergency room overcrowding by non-emergency cases, one of the problem; enumerated from preceding studies. The main result of this study is as follows. First the actual condition of non-emergency patients coming hospital for examining overcrowding of emergency medical center showed that, of the patients who used the emergency medical center, non-emergency patients accounted for 49.3%, which acted as the main cause of delaying medical care for emergency cases, cases of which medical person or first-aid man decided to come hospital accounted for 36.1 %, thereby suggesting essential need for re-education & wide public information to even the professional manpower besides patients & guardians for their using emergency medical system. Second, as the result of researching patient acknowledgement with reference to their using emergency medical center, the rate of their giving right answer is no more than 60%, which means that non-emergency cases' using as such is due to the shortage of their knowledge of the said emergency medical center, which suggests us that wider P.R for emergency medical system to common people who may be one of the patients of it at any time is still in need. Third, the result of researching for finding out a future remedy of emergency medical system showed that the users who know well of the way of using emergency medical center had relatively high satisfaction of it, ones who have lesser knowledge of it lower satisfaction and users who feel in need of emergency specialized manpower feel the necessity of public information of emergency medical information center(1339) at the same time. The finding of examining the subject of study, in conclusion, showed that the degree of the patients & their guardians' understanding of emergency medical system is lower and the medical persons concerned also had no distinct difference in their understanding of it from the common people's, which suggests us for extensive enforcement of systematic education and public information in aspect of the government via various media for the purpose of effective operation of emergency medical center.

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Breeding of a New Japanese Apricot (Prunus mume Siebold et Zucc.) Cultivar 'Okjoo' with High Yields (다수성 매실 품종 '옥주')

  • Kim, Yoon-Kyeong;Kang, Sam-Seok;Choi, Jang-Jeon;Cho, Kwang-Sik;Won, Kyeong-Ho;Lee, Han-Chan;Choi, Jin-Ho
    • Horticultural Science & Technology
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    • v.32 no.6
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    • pp.912-916
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    • 2014
  • Japanese apricot (Prunus mume Siebold and Zucc.) is a deciduous tree of the family Rosaceae, and it has long been used as a folk remedy for cough and dyspepsia. A new cultivar 'Okjoo' was developed from a cross between 'Gyokuei' and 'Rinsyu' carried out at the National Institute of Horticultural & Herbal Science in 1993. It w as s elected for good shape, large size and high yield capacity in 2006, and then it was granted official patent No. 4556 in 2013. It blooms 4 days and 2 days earlier than 'Gyokuei' and 'Rinsyu', respectively. Its flower petal color is pink, and the pollen amount is negligible. Its S-genotype, determined using Polymerase Chain Reaction with a S-RNase gene-specific primer pair, is $S_3S_6$. The average optimum harvest time of 'Okjoo' is late June. The fruit is round in shape and its suture is shallow. Average fruit weight is 18.5 g, and it contains total soluble solids $7.66^{\circ}Brix$ and titratable acidity at 4.81%. Fruit skin color is green. Sometimes only the light side of the fruits seems to develop blush. The incidence levels of scab (Cladosporium carpophilum Thumen) and bacterial shot hole (Xanthomonas arboricola pv. Pruni) are quite low. Consequently, 'Okjoo' seems to be a promising new cultivar for Japanese apricot growers.

Optimal Conditions of Mycelial Growth and Exopolysaccharide Production in Submerged Culture of Phellinus baumii (Phellinus baumii으로부터 세포외 다당체 생산의 최적화)

  • Hwang, Hye-Jin;Kim, Sang-Woo;Yun, Jong-Won;Park, Jang-Won
    • Journal of Life Science
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    • v.14 no.1
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    • pp.51-56
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    • 2004
  • The polysaccharide isolated from Phellinus species has been known as a folk remedy, including antitumor and immune-stimulating activities. However, there are lacks of knowledge about mycelial growth and exopolysaccharide (EH) production in its submerged culture. We investigated the optimal conditions on mycelial growth and EPS production in Phellinus baumii. The optimal temperature and initial pH for mycelial growth and EPS production in shake flask culture of P. baumii were proved to be 3$0^{\circ}C$ and pH 5.0, respectively. In case of carbon source, cellobiose and maltose were highly efficient for mycelial growth and fructose and mannitol were also relatively favorable for EPS production. Yeast extract was the most suitable nitrogen source for mycelial growth and EPS production. The composition of optimal culture medium was determined to be fructose 20 g/L, yeast extract 20 g/L, and $CaCl_2$ 0.55 g/L, respectively. Under the optimal culture condition, the maximum mycelial biomass and EPS achieved in a 5-L stirred-tank fermenter were 17.43 g/L and 3.6 g/L, respectively. It was found that the EPS was a glycoprotein onsisted of mainly arginine (14.1%) and glycine (12.0 %) in protein moiety and mainly mannose (48.7%) and arabinose (38.4%) in carbohydrate moiety.