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The Cosmetic Operation without Healing Purpose - A comparative insight into the ruling of BSG and BGH - (미용성형의료 - 우리 판결례와 독일 판결례의 비교·분석적 소고 -)

  • Ahn, Bup-Young
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.3-82
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    • 2015
  • This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

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Analysis of the Causes of and Risk Factors for Mortality in the Surgical Repair of Interrupted Aortic Arch (대동맥궁 단절증 수술 사망 원인과 위험인자 분석)

  • Kwak Jae Gun;Ban Ji Eun;Kim Woong-Han;Jin Sung Hoon;Kim Yong Jin;Rho Joon Ryang;Bae Eun Jung;Noh Chung Il;Yun Yong Soo;Lee Jeong Ryul
    • Journal of Chest Surgery
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    • v.39 no.2 s.259
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    • pp.99-105
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    • 2006
  • Background: Interrupted aortic arch is a rare congenital heart anomaly which still shows high surgical mortality. In this study, we investigated the causes of and the risk factors for mortality to improve the surgical outcomes for this difficult disease entity. Material and Method: From 1984 to 2004, 42 patients diagnosed as IAA were reviewed retrospectively. Age, body weight at operation, preoperative diagnosis, preoperative PGE1 requirement, type of interrupted aortic arch, degree of left ventricular outflow stenosis, CPB time, and ACC time were the possible risk factors for mortality. Result: There were .14 hospital deaths. Preoperative use of PGE1, need for circulartory assist and aortic cross clamp time proved to be positive risk factors for mortality on univariate analysis. Preoperative left ventricular outflow stenosis was considered a risk factor for mortality but it did not show statistical significance (p-value=0.61). Causes of death included hypoxia due to pulmonary banding, left ventricular outtract stenosis, infection, mitral valve regurgitation, long cardiopulmonary bypass time and failure of coronary transfer failure in TGA patients. Conclusion: In this study, we demonstrated that surgical mortality is still high due to the risk factors including preoperative status and long operative time. However preoperative subaortic dimension was not related statistically to operative death statistically. Adequate preoperative management and short operation time are mandatory for better survival outcome.

A Study on the Students' Characteristics of Ophthalmic Optics under Bachelor's Degree Course in Academic Credit Bank System - Focus on the Educational Institutions in Gyeonggi Region - (학점은행제 학사학위과정 안경광학전공 학습자의 특성에 관한 연구 - 경기지역 교육기관을 중심으로 -)

  • Jung, Se-Hoon;Park, Hee-Kyoung;Lee, Ok-Jin
    • Journal of Korean Ophthalmic Optics Society
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    • v.19 no.4
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    • pp.445-455
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    • 2014
  • Purpose: By investigating the characteristics of the students ophthalmic optics under bachelor's degree course in academic credit bank system, this study aimed to utilize this survey as a basic material for the operation and the improvement of academic credit bank system as the continued education for opticians. Methods: A questionnaire survey for the characteristics of the students was conducted on 98 bachelors who registered in the academic credit bank system and an analysis was made out of the result. Results: As the purpose of selecting the academic credit bank system, acquisition of bachelor's degree took the major portion (51.0%); for information route, school or superior at work took the major portion (33.7%); and for educational institution, alma mater took the major portion (31.6%). Family cooperation (72.4%) to the students in the academic credit bank system was higher than workplace cooperation (46.9%) or social cooperation (39.8%). For the time required for the bachelor's degree course in the academic credit bank system, 2 semesters (55.6%) took the major portion, and 38.9% for entering graduate school and 5.6% for university transfer. The result showed a significant difference in the information route for the academic credit bank system (p<.05), selection criteria for educational institution (p<.05) and workplace cooperation (p<.01) depending on the age. It showed a significant difference in the selection purpose for the academic credit bank system (p<.01), average attendance day (p<.05), workplace cooperation (p<.01) and difficulties (p<.01) depending on working place. It showed a significant difference in the selection criteria for educational institution (p<.01) and family cooperation (p<.05) depending on the academic system of their alma mater. It showed a significant difference in the information route (p<.05), the selection criteria for educational institution (p<.01) and workplace cooperation (p<.05). Conclusions: It is necessary for optometrists to study and pay more attention to continuing education, and the operation and support for the academic credit bank system should be made in consideration of the characteristics of students.

Efficient Management and use of Records from the Truth Commissions (과거사위원회 기록의 효율적인 관리와 활용방안)

  • Lim, Hee Yeon
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.247-292
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    • 2008
  • Investigations have been started to set the modern history and national spirit to rights after Commissions were established. Those Commissions are established and operated with time limit to finish its own missions. They creates three kinds of records as acquired materials which acquired or are donated for investigation; investigation records as investigation reports; and administrative records that created while supporting organization's operation. The Commissions use more past records to do special tasks asnation's slate clean and uncovering the truth than other agencies. In other words, the commissions take the most advantages of well-managed records, however, their record management environment and operation systems are relatively loose than other permanent machineries. It has three reasons that; first, there is no record management regulations and criteria for machineries that have time limit. This affected each commissions 'systems and 6 Truth Commissions' record management systems are built separately and on the different level; Second, members lack responsibility from frequent sending, reinstatement, change, and restructuring and that makes troubles to produce and manage records; Third, central archives pay less attention to machineries that operated limited period as the truth commissions. The Commissions rather need more systematic control because its records have historical value. To solve these problems, record management regulations have to be prepared first with features of organizations running limited time and commissions' records as acquired materials or investigation records. Furthermore, building up standard record management system for the Commissions, standardizing transfer data, imposing professional record personnel, and setting limits frequent personnel changes would finish practical problems. Besides, those records created to reveal the truth should use for education and research because Truth Commissions are established to set unfortunate history right and not to repeat it again. The records would serve as steppingstone for establishment of the Truth Record Center that does education, information work, publication, and research with the records. The record center would help using the records efficiently and improving knowledge for its people. And, the center should devote people to recognize importance of the records.

Using Transportation Card Data to Analyze City Bus Use in the Ulsan Metropolitan City Area (교통카드를 활용한 시내버스의 현황 분석에 관한 연구 - 울산광역시 사례를 중심으로 -)

  • Choi, Yang-won;Kim, Ik-Ki
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.40 no.6
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    • pp.603-611
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    • 2020
  • This study collected and analyzed transportation card data in order to better understand the operation and usage of city buses in Ulsan Metropolitan City in Korea. The analysis used quantitative and qualitative indicators according to the characteristics of the data, and also the categories were classified as general status, operational status, and satisfaction. The existing city bus survey method has limitations in terms of survey scale and in the survey process itself, which incurs various types of errors as well as requiring a lot of time and money to conduct. In particular, the bus means indicators calculated using transportation card data were analyzed to compensate for the shortcomings of the existing operational status survey methods that rely entirely on site surveys. The city bus index calculated by using the transportation card data involves quantitative operation status data related to the user, and this results in the advantage of being able to conduct a complete survey without any data loss in the data collection process. We took the transportation card data from the entire city bus network of Ulsan Metropolitan City on Wednesday April 3, 2019. The data included information about passenger numbers/types, bus types, bus stops, branches, bus operators, transfer information, and so on. From the data analysis, it was found that a total of 234,477 people used the city bus on the one day, of whom 88.6% were adults and 11.4% were students. In addition, the stop with the most passengers boarding and alighting was Industrial Tower (10,861 people), A total of 20,909 passengers got on and off during the peak evening period of 5 PM to 7 PM, and 13,903 passengers got on and off the No. 401 bus route. In addition, the top 26 routes in terms of the highest number of passengers occupied 50% of the total passengers, and the top five bus companies carried more than 70% of passengers, while 62.46% of the total routes carried less than 500 passengers per day. Overall, it can be said that this study has great significance in that it confirmed the possibility of replacing the existing survey method by analyzing city bus use by using transportation card data for Ulsan Metropolitan City. However, due to limitations in the collection of available data, analysis was performed only on one matched data, attempts to analyze time series data were not made, and the scope of analysis was limited because of not considering a methodology for efficiently analyzing large amounts of real-time data.

The Characteristics and Operation System of the Staff Officials at Jongbusi (Court of the Royal Clan) in the Late Joseon Period - Based on Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan) Kept at Jangseogak Archives (조선 후기 종부사(宗簿寺) 낭청(郎廳)의 실태 및 운영체계 - 장서각 소장 『종부사낭청선생안(宗簿寺郎廳先生案)』을 중심으로 -)

  • Kim, Dong-geun
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.83-114
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    • 2017
  • The purpose of this article is to analyze the standings of working-level officials belonging to Jongbusi (Court of the Royal Clan) holding the rank of "jeong" and below between the 18th and mid-19th Century. Jongbusi, which was headed by a Grade-3 official, was in charge of the compilation of royal genealogy and supervision of royal relatives. During the late Joseon Period, its officials were composed of its chief, jeong, jubu (Grade-6 official), and jikjang (Grade-7 official). By 1864, it was incorporated into Jongchinbu (Office of the Royal Relatives). Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan), which is preserved at the Jangseogak Archives of the Academy of Korean Studies, lists the officials who served at the office between 1794 and its incorporation into Jongchinbu in 1864. The register also includes the officials' ranks, names, DOBs, family clans, their ranks in the offices they were transferred from, their ranks in the office they were transferred to, etc. Those interested view it as a precious relic that provides valuable information on the officialdom of the dynasty. A majority of the officials who served at Jongbusi were those who passed the higher civil service examination. Many of them at the level of jikjang were those who passed the licentiate examination. Their designation as an official was part of the "muneum" system, which granted official posts to descendants of those who accomplished a distinguished service for the country or served as a high-ranking official. They were those transferred from equal or lower positions in another office. Many of jubu-level officials of Jongbusi were those transferred from honorable and important posts of other offices or local administrative offices. Many of jikjang-level officials of Jongbusi were those who previously served as dosa (assistant officials) at Uigeumbu (Bureau of Crime Investigation) headed by a Grade-1 official. The officials' transfer to an office with a lower position like Jongbusi appears to have been for the provision of placing them in working-level positions rather than letting them remain in positions only carrying an honorary title. As for the transfer of officials of Jongbusi to other offices, many of those with the rank of jeong were transferred to lower positions. Supposedly it was because not many Grade-3 positions were vacant. Many of them were transferred to honorable and important posts. Some of them were also transferred to positions at local government offices, supposedly to avoid an excess of personnel at the central government. Those at the level of jubu or jikjang of Jongbusi were transferred to equal or higher posts in other offices. Particularly, most of those holding the position of jikjang (Grade-7) were transferred to higher posts. The family clan that produced the largest number (10%) of Jongbusi officials was the Jeonju Yi Clan, which produced the largest number of those who passed the higher civil service examination. It was also found that the top 20 family clans produced about half of the entirety of Jongbusi officials. According to the aforesaid Jongbusi nangcheong seonsaengan, about 90% of the cases of promotion of Jongbusi officials occurred after the revision of Seonwon boryak (Royal Genealogy of the Joseon Dynasty). It is speculated that the supervision of royal family members, one of the two leading functions assigned to Jongbusi, was suspended in the late Joseon Period. The relevant function does not appear even in chronicles pertaining to the Joseon Dynasty. The reason being had something to do with the sharp decrease in the number of royal family members during the reign of King Injo (r. 1623-1649). Their number was decreased to the extent that royal ceremonies could not be adequately carried out. Naturally, the meaning of supervising royal family members faded. Witnessing such a sorry state of the royal family, Heungseon Daewongun, King Gojong's father who served as the regent, incorporated Jongbusi into Jongchinbu in an effort to enhance the status and authority of the royal family.

A SURVEY OF INTRAFAMILIAL CHILD SEXUAL ABUSE BY PHYSICIANS' REPORTS (의사들의 보고에 의한 근친간 아동성학대 연구)

  • Hong, Kang-E;Kang, Byung-Goo;Kwack, Young-Sook
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.9 no.2
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    • pp.138-147
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    • 1998
  • Authors surveyed intrafamilial child sexual abuse in the children under 15years old in clinical. We sent the semi-structured child sexual abuse questionnaires to 7055 board certified pediatrics, obstetrics and gynecology, family medicine and emergency medicine. Total respondents were 1205. The results from these respondents were as follows. 1) The numbers of respondents who have had the experience of treating victims of intrafamilial child sexual abuses were 157(13.0% of total respondents). 2) Among the perpetrators, 58(36.9%) were siblings and 32(20.4%) 26(16.6%) were step-fathers, and respectively. The most common age bracket was 10s(39.5%), and the next was 40s and 50s (33.7%) Almost all(98.7%) of the perpetrators were male. 3) The mean age of victims was $12.1{\pm}3.3$ years old, and all of the victims were female, and the number of victims who had previous mental or physical handicaps and behavior problems were 5(3.2%) and 8(5.1%) respectively. 4) The ways by which intrafamilial child sexual abuses were found were abnormal behaviors 45(28.7%), victim's own report 40(25.5%), pregnancy 18(11.5%), pain complaint 13(8.3%), other person's report 13(8.3%), and detection during examination 12(7.6%). 5) Time lags between intrafamilial child sexual abuses and hospital visits were after 1 month 97(61.8%), from 1 day to 1 week 29(18.5%), within 1 day 21(13.4%), and from 1 week to 1 month 10(6.4%). 6) Physical complications were perineal wound 93(59.2%), hymen rupture 90(57.3%), pregnancy 68(43.3%), wound of other part of body 11(7.0%), and sexually transmitted disease 4(4.5%). 7) Treatment for victims were discharge 92(58.6%), admission, operation or transfer to a bigger hospital 25(15.9%), psychiatry consult 19(12.1%), report to police(10.9%) and social work consult 3(1.9%). These results suggest that considerable numbers of physicians have had the experience of treating victims of intrafamilial child sexual abuses, and intrafamilial child sexual abuses are the major medical as well as social issue in children in Korea.

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The Method of Participatory Government to Introduce the System of Autonomous Police (참여정부의 자치경찰제 도입방안)

  • Jung, Jin-Hwan
    • Korean Security Journal
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    • no.10
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    • pp.355-385
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    • 2005
  • As the system of autonomous police that has been debated for long time is fixed to be introduced by the program of participatory government, this treatise intends to analyze main contents and review controversial items in order to present supplementary measures. The program of participatory government to introduce autonomous police in Korea focuses on converting the autonomous police of Korea from centralized police administration in order to provide 'customized security service' that is appropriate to the regional environment. Thus, if relevant city, county or district considers that it is required to introduce the system autonomous police, the assembly may enforce the decision by enacting ordinance. For enforcement, organization in the unit of section will be established in the line of mayor, county headman and district office. The main role will be security service that is closely related to the life of inhabitants such as crime prevention, patrol, traffic crackdown, etc. as well as public health, sanitation and environmental control which are being performed by autonomous organization at present. However some expected controversial items may be summarized in the following 3 points on the premise of accepting the program of government. First, the point at issue related to the basic function of police. The basic function of police is generally understood as order keeping function such as anterior and preventive job and law enforcing function such as posterior and suppressing job. By the way, the program of government does not endow the autonomous police with investigation right for general crime, thereby raising the controversy that our autonomous police is nothing but the assistant of police. Furthermore, the present national police also expresses its dissatisfaction to the transfer of authority. Second, the issue of balance of security service between self-governing bodies may be raised. The security environment is different between self-governing bodies and thus demand of security is different. Therefore, the security service of autonomous police will reveal difference in qualitative aspect for each self-governing body. Moreover, it can be easily anticipated that the quality of security service may be different as per the financial independence degree. Third, the point at issue anticipated with the operation funded by the budget of self-governing body. As autonomous police is operated by the budget of self-governing body, the following problems may be raised; (1) since police administration is subordinated to general administration, the concentration may be weakened (2) the cooperation between policy agencies may be impeded (3) owing to the difficult in possessing spare police, the mobility of police may be somewhat reduced.

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One-stage Repair of Aortic Arch Anomalies and Intracardiac Defects through Median Sternotomy (정중 흉골절개를 통한 대동맥궁 기형과 심기형의 일차교정술)

  • Chang Yun Hee;Lee Sang Kwon;Lee Hyung Doo;Kim Siho;Yie Kilsoo;Woo Jong Soo;Lee Young Seok;Sung Si Chan
    • Journal of Chest Surgery
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    • v.38 no.4 s.249
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    • pp.291-300
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    • 2005
  • One-stage repair of aortic arch anomalies and intracardiac defects through median sternotomy has been recently adopted by many institutions since it is known to be safer than the staged repair. The early and midterm results of the one-stage repair of aortic arch anomalies and intracardiac defects were retrospectively evaluated. Material and Method: 45 patients who underwent one-stage repair of aortic arch anomalies and intracardiac defects performed by one surgeon from January 1996 to July 2003 were included in this retrospective study. The median age of repair was 16 days (range, 3 days$\~$23.7 months) and the mean weight was $3.62\;\pm\;1.30 kg$. Thirty one $(68.9\%)$ had coarctation and 14 $(31.1\%)$ had interrupted aortic arch. Associated intracardiac anomalies were VSD in 31 patients (VSD group), TGA or Taussig-Bing anomaly in 10 (TGA group), and others in 4 (ASD in 1, aortopulmonary window 1, truncus arteriosus 1, aortic and mitral stenoses 1, miscellaneous group). The arch obstruction was repaired with end-to-side anastomosis in 23 patients and end-to-end anastomosis in 22. Result: Overall postoperative hospital mortality was $22.2\%\;(10/45);\;16.1\%$ (5/31) in VSD group, $40\%$ (4/10) in TGA group, and$25\%$ (1/4) in miscellaneous group. There was no mortality in VSD group since 1998, and the mortality in TGA group has remarkably reduced since technical modification for coronary transfer was adopted $(75\%\;vs\;16.7\%)$. There was no postoperative seizure or other neurological complications. Postoperative aortic restenosis occurred in 5 patients $(5/35,\;14.3\%)$. Two patients underwent balloon aortoplasty with successful results. There was no reoperation. There was one late death caused by pneumonia 5 months after the operation. Two-year actuarial survival rate including operative death was $72.9\%$. Conclusion: The operative mortality of one-stage repair has been reduced with time and aortic restenosis rate was also acceptable. We concluded that this procedure is a reproducible procedure for aortic arch anomalies associated with intracardiac defects.

Inhibition of Microbial Growth in Cabbage-Kimchi by Heat Treatment and Nisin·Yucca Extract (열처리 및 나이신·유카추출물 첨가에 의한 김치의 미생물 증식 저해)

  • Kim, Ji-Sun;Kim, Yu-Jin;Park, Jung-Mi;Kim, Tae-Jip;Kim, Beom-Soo;Kim, Yeon-Mi;Kim, Hye-Rim;Han, Nam-Soo
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.39 no.11
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    • pp.1678-1683
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    • 2010
  • For extension of storage period of cabbage-kimchi, effects of heat treatment as well as nisin or yucca extract were examined on the growth of microbes. Firstly, when kimchi was heated at various temperatures in polyethylene plastic bottle or membrane pouch, the optimum inhibitory condition giving no sensory change was at $80^{\circ}C$ for 30 min in a plastic membrane pouch and this treatment made a reduction of $0.3\;log_{10}CFU/g$ in total microbes. The result showed that use of plastic bottle was inefficient due to low heat transfer rate. Interestingly, pasteurization of seasoning pastes at $80^{\circ}C$ for 30 min separately from cabbage resulted in better inhibitory effect reducing $0.5\;log_{10}CFU/g$ of total bacteria and $1.0\;log_{10}CFU/g$ of lactic acid bacteria, and this operation was regarded as a promising inhibitory method. Secondly, when nisin and yucca extract were separately added in kimchi, microbial growth was inhibited during storage period and their inhibition effects were enhanced at lower temperature.