• Title/Summary/Keyword: Social role

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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Modeling the Effect of a Climate Extreme on Maize Production in the USA and Its Related Effects on Food Security in the Developing World (미국 Corn Belt 폭염이 개발도상국의 식량안보에 미치는 영향 평가)

  • Chung, Uran
    • Proceedings of The Korean Society of Agricultural and Forest Meteorology Conference
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    • 2014.10a
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    • pp.1-24
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    • 2014
  • This study uses geo-spatial crop modeling to quantify the biophysical impact of weather extremes. More specifically, the study analyzes the weather extreme which affected maize production in the USA in 2012; it also estimates the effect of a similar weather extreme in 2050, using future climate scenarios. The secondary impact of the weather extreme on food security in the developing world is also assessed using trend analysis. Many studies have reported on the significant reduction in maize production in the USA due to the extreme weather event (combined heat wave and drought) that occurred in 2012. However, most of these studies focused on yield and did not assess the potential effect of weather extremes on food prices and security. The overall goal of this study was to use geo-spatial crop modeling and trend analysis to quantify the impact of weather extremes on both yield and, followed food security in the developing world. We used historical weather data for severe extreme events that have occurred in the USA. The data were obtained from the National Climatic Data Center (NCDC) of the National Oceanic and Atmospheric Administration (NOAA). In addition we used five climate scenarios: the baseline climate which is typical of the late 20th century (2000s) and four future climate scenarios which involve a combination of two emission scenarios (A1B and B1) and two global circulation models (CSIRO-Mk3.0 and MIROC 3.2). DSSAT 4.5 was combined with GRASS GIS for geo-spatial crop modeling. Simulated maize grain yield across all affected regions in the USA indicates that average grain yield across the USA Corn Belt would decrease by 29% when the weather extremes occur using the baseline climate. If the weather extreme were to occur under the A1B emission scenario in the 2050s, average grain yields would decrease by 38% and 57%, under the CSIRO-Mk3.0 and MIROC 3.2 global climate models, respectively. The weather extremes that occurred in the USA in 2012 resulted in a sharp increase in the world maize price. In addition, it likely played a role in the reduction in world maize consumption and trade in 2012/13, compared to 2011/12. The most vulnerable countries to the weather extremes are poor countries with high maize import dependency ratios including those countries in the Caribbean, northern Africa and western Asia. Other vulnerable countries include low-income countries with low import dependency ratios but which cannot afford highly-priced maize. The study also highlighted the pathways through which a weather extreme would affect food security, were it to occur in 2050 under climate change. Some of the policies which could help vulnerable countries counter the negative effects of weather extremes consist of social protection and safety net programs. Medium- to long-term adaptation strategies include increasing world food reserves to a level where they can be used to cover the production losses brought by weather extremes.

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A Cohort Study of Mental, Physical and Behavioral Impacts of Early(at Age 55) Compulsory Retirement in Korea (조기 정년퇴직자의 정신. 육체. 행위적 경향연구)

  • Duk-Sung Kim;Sae-Kwon Kong;Kong-Kyun Ro
    • Korea journal of population studies
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    • v.11 no.1
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    • pp.204-229
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    • 1988
  • This paper documents and discusses trends and differentials in youth's participation in the labor force and employment. Youth in this study is defined asthe young aged 15-29. Youth passes through a series of life-course transitions,which include school completion own family formation(marriage and childbirth) .mandatory service in the army (by males) , and their economic activities are affectedby those life-course events. Accordingly we show how and to what extent youth'slabor force participation and employment varies with age and how the age patternhas changed over time.Throughout the 1980's and 1990's, youth's labor force participation showeddifferent trends by age group Labor fDrce participation rate of the 15-19 agedsteeply decreased, while that of the 25-29 steadily increased during the twodecades, the rate fsr the 20-24 aged showing not much variation. The former is dueto the increased rate of school enrollment among the age group, while the lattercould be attributed, in part, to the young women s increased and more steadyparticipation in the labor force over time.While labor force participation could be considered as a result of one's choicesand preferences, employment opportunities are more or less restricted by labormarket structure and institutions . This study documents how the structuralconstraints have interacted with individual and group attributes to differentiateemployment opportunities between individuals (educational background) and groups(especially sex diffrences) . One of the most salient feature of youth's em[ploymentstructure is the recent high unemployment rate of the college graduates. We discusshow that is related to the'credential society'in which one's educational credentials and it's social status play major role in determining who gets what in terms of job opportunities. Also is discussed the discordance between school and labor marketsupply and demand system, which is apparent in the prolonged oversupply of thecollege graduates, which is due to the consistently high rate of college entranceobserved since the early 1980's. Theoretically the job market for college graduates isviewed not as the'neoclassical'wage competition market but as job competition market in which one's (good) job opportunity is determined by one s position in thejob queue, which is in turn heavily dependent on from which college one get shis/her college degree as well as one's sex.

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National brand development research strategy using traditional Korean patterns (한국 전통 문양을 활용한 국가 브랜드 연구 개발 전략 - 금문(錦紋)을 중심으로 -)

  • KIM, Mihye
    • Korean Journal of Heritage: History & Science
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    • v.54 no.4
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    • pp.232-245
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    • 2021
  • The present study is about a brand development strategy that utilizes Korean traditional patterns. The global culturenomics phenomenon confirms the value of the cultural aspects of design when a national brand is established. People succeed with their unique aesthetic sense and reinterpret it in a modern view, and this design acts as today's national brands. In this way, people used traditional patterns and original designs, along with regional characteristics and formative style, in developing their designs. However, due to recent changes in the global environment, modern people live in an "untact" world, and consumption culture shifted toward online marketing. In this environment, where one is isolated from social activities, there needs to be a strong image that can dramatically change the mood of one's home. I would like to re-examine the Dan-Chung pattern, whose painting depends on the aesthetic characteristics of architecture to protect the wooden members of the framework in traditional architecture. The pattern and color of Dan-Chung, coated in traditional architecture, differs by the type of construction used, which includes a palace, a Buddhist temple, and a Confucianism Dan Chung. The Geummoon pattern contains aesthetic factors to add solemnity to the Main Buddhist Halls, which contain Buddha. This is a new medium that continues the current traditions instead of remaining in the past. Among different Dan Chung patterns, Geummoon has magnificent decoration consisting of the highest grade materials and unique composition; therefore, it is suitable to be reinterpreted in modern terms. The same pattern can be interpreted in different ways with different colors, so there is a great aesthetic impression in the Geummoon pattern. The value of preservation for exploration and theoretical study of the traditional pattern is important, but recreating the pattern into modern formative art can present a new angle of view and national brand, bearing pride in our cultural assets. The study used multidimensional molding methods for realistic presentation after going through the two-dimensional design process. The significant value of Korean molding beauty which hangs onto the past will play a crucial role in establishing our national brand.

Diagnosis and Improvements Plan Study of CIPP Model-based Vocational Competency Development Training Teacher Qualification Training (Training Course) (CIPP 모형 기반 직업능력개발훈련교사 자격연수(양성과정) 진단 및 개선 방안 연구)

  • Bae, Gwang-Min;Woo, Hye-Jung;Choi, Myung-Ran;Yoon, Gwan-Sik
    • Journal of vocational education research
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    • v.36 no.2
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    • pp.95-121
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    • 2017
  • The vocational competency development training teacher must complete the training course for the training of vocational competency development training instructor and get the qualification of the vocational competency development training teacher from the Ministry of Employment & Labor with the criteria set by the Presidential Decree. Therefore, it can be said that H_university 's educational performance, which is the only vocational competency development training teacher in Korea and that plays a role of mass production in the labor market, has a great influence on vocational competency development training. The purpose of this study is to identify the problems through the analysis of actual condition of vocational competency development training education based on CIPP model, Furthermore, it was aimed to suggest improvement plan of qualification training education. In order to accomplish the purpose of the research, the present situation of the training course for the vocational competency development training teacher training students was grasped. And We conducted a survey to draw out the improvement plan and utilized the results of 173 copies. We conducted interviews by selecting eight subjects for in-depth analysis and Understand the details of the results of the surveys conducted. As a result of the study, positive responses were obtained from the educational objectives and educational resources in the context factors. On the other hand, there were negative opinions about the curriculum reflecting the learner and social needs. In the input factors, positive opinions were derived from the educational objectives and training requirements. However, there were many negative opinions about the achievement of the learner's educational goals. In addition, there were many negative opinions of online contents education. In the process factors, positive evaluation was high in class related part, learner attendance management, and institutional support. However, negative opinions were drawn on the comprehensive evaluation of qualification training period, and the learner's burden due to lack of learning period appeared to be the main reason. In the factor of calculation, Positive opinions were derived from the applicability of the business curriculum for training courses for training teachers who are in charge of education and training in industry occupations. However, there were negative opinions such as learning time, concentration of learning, and communication of instructors. Based on the results of the study, suggestions for improving the operation of vocational competency training teacher qualification training are as follows. First, it is necessary to flexibly manage the training schedule for the weekly training course for vocational competency development training teachers. Second, it is necessary to seek to improve the online education curriculum centered on consumers. Third, it is necessary to seek access to qualification training for local residents. Fourth, pre - education support for qualified applicants is required. Finally, follow-up care of qualified trainees is necessary.

Compensation Criteria for Investigation Services and Strengthening Normative Force Plans for Detailed Qualification Criteria for Examination of Archaeological Heritage (매장문화재 조사용역 대가기준과 적격심사 세부기준 제도의 규범력 강화 방안)

  • Choi, Min-jeong
    • Korean Journal of Heritage: History & Science
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    • v.52 no.2
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    • pp.240-253
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    • 2019
  • Archaeological heritages are precious cultural relics and public assets that must be preserved, conserved, and shared with people all over the world. Investigating archaeological heritage is valuable and plays an important role for the public good; our ancestors' cultures can be restored, and it helps with developing a clear understanding of the cultural and social aspects of a historical period as well as teaches about historical factors unreported in the literature. One of the most basic and important conditions necessary for recognizing the value and importance of archaeological heritage investigation, expertise, and quality improvement is to establish detailed criteria for investigation services and the qualification examination of archaeological heritage. Observation of detailed criteria and the qualification examination of archaeological heritage can partially demonstrate society's recognition of strengthening transparency, public property, and the objectivity of the investigation of archaeological heritage. However, the detailed criteria for investigation services and the qualification examination of archaeological heritage currently implemented as administrative rules are neither followed by all institutes in the public and private sectors nor the government. Thus, there are serious problems in terms of the effectiveness and stability of institutions. The detailed criteria for the qualification examination breach the principle of statutory reservation, the principle of statutory regulation, and regulations on the announcement and management of orders and rules. Non-compliance with compensation criteria for investigation services or with detailed criteria for the qualification examination of archaeological heritage will be one of the reasons for the failure of the investigation foundation for archaeological heritage in the future. That is, it will result in the expansion, reproduction, and repetition of a vicious cycle of conflict between developers, who are the decision-makers responsible for selecting an investigating organization for archaeological heritage and determining the cost, and investigating organizations. This includes the impractical shortening of investigation periods and reducing costs by developers, distrust of the values and the importance of investigations of archaeological heritage, a decrease in quality, accidents caused by a lack of safety, a lack of occupational ethics, and non-recruitment of new experts, etc. Therefore, it is necessary to change the structure from a vicious cycle to a virtuous cycle, and promote the enactment of regulations that will ensure effectiveness and stability in the process of attaining the goals of the institution and application of the institution, as well as the continuous advancement of work to fill the gaps with reality.

The Research Status and Task of the Metalcrafts of Shoso-in Collection (정창원(正倉院) [쇼소인] 금속공예의 연구 현황과 과제)

  • Choi, Eungchon
    • Korean Journal of Heritage: History & Science
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    • v.51 no.3
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    • pp.32-53
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    • 2018
  • The $Sh{\bar{o}}s{\bar{o}}-in$(正倉院) is the detached storage building for Japanese treasures that belongs to $T{\bar{o}}dai-ji$ in Nara, Japan. The reason why $Sh{\bar{o}}s{\bar{o}}-in$ collections are drawing attention is that Japanese artifacts, sculptures, paintings, and other objects that were introduced through the Silk Road, such as Sasanian Persia and India, and those that were introduced from the Unified Silla and Tang China. In addition, hundreds of well-preserved documents of $Sh{\bar{o}}s{\bar{o}}-in$ collections play an important role as a historical reference material covering not only the social situation of the time but also the history of exchange of cultural diplomacy and the change of Buddhist doctrine. In particular, some of collections of $Sh{\bar{o}}s{\bar{o}}-in$ were made in China and may have been imported or received as gifts, but many of the artifacts made in Baekje and Unified Silla are becoming more and more important. This paper examined the research status of $Sh{\bar{o}}s{\bar{o}}-in$ metal crafts of Korean and foreign scholars, and examined the association with the relics of $Sh{\bar{o}}s{\bar{o}}-in$ through metal crafts excavated from the Korean Peninsula. The research on the future direction of $Sh{\bar{o}}s{\bar{o}}-in$ collections should be summarized as follows. 1. Systematization of state-level support and single window for the research of $Sh{\bar{o}}s{\bar{o}}-in$ collections 2. Accurate listing and database of $Sh{\bar{o}}s{\bar{o}}-in$ collections 3. The positive implementation of joint research with Japan and invitation of researchers related to $Sh{\bar{o}}s{\bar{o}}-in$ collections 4. The exchange exhibition between the Korean National Treasures and the $Sh{\bar{o}}s{\bar{o}}-in$ collections 5. Expansion of the research base through the publication and support of books related to $Sh{\bar{o}}s{\bar{o}}-in$ collections.

The Establishment of Labor Archive and Its New Development Strategy : An Attempt to Build Participatory Archive of the Institute of Labor History in SKHU (노동아카이브의 형성과 발전방향 모색 성공회대 노동사연구소의 '참여형 아카이브' 시도를 중심으로)

  • Lee, Chongkoo;Lee, Jaeseong
    • The Korean Journal of Archival Studies
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    • no.41
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    • pp.175-212
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    • 2014
  • In 2001 a large amount of labor record have been donated from Jeontaeil Labor Archive-Institute to SungKongHoe University(SKHU). Institute of Labor History in SKHU was established in the wake of the installation of the labor archive. Development of oral archive raised the awareness of the various relationships between the use and production of labor record. Interviewees of oral testimony expressed dissatisfaction and the role of the researchers was not sufficiently exhibited. Examining the main cases of Korea union movement history, we can find contradictions between the use and production of labor record clearly. Interval of interpretation and memory was too big between the parties of 'democratic' union movement in the 1970s. While among the parties who took part in Guro Alliance Strike of 1985, there is a group that remains in the "winner" in history on the one hand, but "loser" on the other without any reasonable criterion. Active intervention of the record users(researchers) is very limited. Among citizens or workers how will be resolved such "struggle of memory" in due process can not be seen. This is one of the reasons why labor archive is not rooted in the region. In this paper, I present a methodological alternatives for the production and use of records through the construction of participatory labor archive. Further, the reconstituted contents of the "documenting locality" strategy by complementing the theoretical part of the method of participation. The study of local and locality requires a "scale" dimension that will make up the identity recognition space, a memory and identity, a social relationship rather than the dimension of the physical space. Alternative "documenting locality" strategy will be able to contribute to solve the problems that occur between the production and use of the recording in labor archive.

An Empirical Study on Solidarity of Korean Unionists and Its Determinants : Focusing on Economic Interests, Worker Identification and Empathy (정규직 노동자의 연대의식과 결정요인에 관한 실증적 연구: 경제적 이해관계, 동일시, 공감을 중심으로)

  • Nam, Kyuseung;Shin, Eunjong
    • Korean Journal of Labor Studies
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    • v.24 no.3
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    • pp.143-178
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    • 2018
  • This study is aimed at empirically examining the Korean unionists' solidarity using the survey of 476 full-time workers employed at the unionized workplace. It also questions the determinants affecting the unionist' willingness to be united with the contingent workers. The Korean unionism has faced the biggest challenge, that is, the crisis-in-worker solidarity. Although prior literature has noted the crisis in Korean unionism, it lacks a solid investigation of individual workers' perception of solidarity which may play a key role in building up worker-solidarity in the union movement. This study first examines the three sources of solidarity allowing for the historical and theoretical approach to the modern solidarity; economic interests, worker-identification and empathy, which provide an emprical framework for this study. The empirical evidences shows dynamic aspects as of how the full-timers perceive solidarity with the non-regular workers in the three terms of solidarity. First, full-time unionists share rare willingness to be united with contingent workers in terms of economic solidarity. In addition, the KCTU (Korean Confederation of Trade Unions) with social reformative orientation has little influence on increasing their member's orientation towards solidarity. Second, it is found that full-time unionists have more willingness to identify themselves with the non-regular workers as a member of the labor class. The KTCU is also positively associated with their member's will of identification with contingent workers. Third, the unionists, however, show little empathy toward non-regular workers, which is contrast to the willingness to worker identification. No causality is also found between the KTCU and their members' empathy for the others.

A Study on the Sanctuary of the Residence in East China Sea Skirts Area (동중국해권 민가의 성역(聖域)에 관한 연구)

  • Youn, Lily;Onomichi, Kenji
    • Korean Journal of Heritage: History & Science
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    • v.43 no.2
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    • pp.60-81
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    • 2010
  • Jeju Island, in Korea, shows many characteristics that are differentiated from the rest of Korea. Its culture is rooted in mythology which advocates a egalitarian, rather than hierarchical, social structure, the place of women in the home is relatively high, and the formation of buildings, the separation of cooking and heating facilities, and the living format of residential homes is dissimilar. These disparities in culture indicate that Jeju Island's heritage was not formed only from influences from the North, but also from other places as well. To fill in the blanks, residential homes in Jeju Island were compared with those scattered throughout the East China Sea, which connect the southern coastline of the Korean peninsula and Jeju Island. The regions encompassed by the East China Sea, sharing the Kuroshio current and a seasonal wind, can be considered as one cultural region integrating cultural aspects from the continental North and the oceanbound South. The unique characteristics of southern culture as seen in southern residences was examined through an investigation of the sacred places in which gods were considered to dwell. First, the myths of these areas usually concerned with the ocean, and a sterile environment made sustenance impossible without a dual livelihood, usually taking on the forms of half-farming and half-fishing, or half-farming, half-gardening. Although family compositions were strongly matricentric or collateral thanks to southern influence, a patriarchical system like those found in the North were present in the upper classes and in the cities. Therefore, residential spaces were not divided based on age or gender, as in hierarchical societies, but according to family and function. Second, these areas had local belief systems based on animism and ancestor worship, and household deities were closely related to women, agriculture and fire. The deities of the kitchen, the granary and the toilet were mostly female, and the role of priest was often filled by a woman. After Buddhism and Confucianism were introduced from mainland Korea, China and Japan, the sacred areas of the household took on a dual form, integrating the female-focused local rites with male-centered Buddhist and Confucian rites. Third, in accordance with worship of a kitchen deity, a granary deity, and a toilet deity led to these areas of the home being separated into disparate buildings. Eventually, these areas became absorbed into the home as architectural technology was further developed and lifestyles were changed. There was also integration of northern and southern cultures, with rites concerning granary and toilet deities coming from China, and the personality of the kitchen deity being related to the southern sea. In addition, the use of stone in separate kitchens, granaries, and toilets is a distinguishing characteristic of the East China Sea. This research is a part of the results gained from a project funded by the Korea Research Foundation in 2006.