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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study on Design of Agent based Nursing Records System in Attending System (에이전트기반 개방병원 간호기록시스템 설계에 관한 연구)

  • Kim, Kyoung-Hwan
    • Journal of Intelligence and Information Systems
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    • v.16 no.2
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    • pp.73-94
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    • 2010
  • The attending system is a medical system that allows doctors in clinics to use the extra equipment in hospitals-beds, laboratory, operating room, etc-for their patient's care under a contract between the doctors and hospitals. Therefore, the system is very beneficial in terms of the efficiency of the usage of medical resources. However, it is necessary to develop a strong support system to strengthen its weaknesses and supplement its merits. If doctors use hospital beds under the attending system of hospitals, they would be able to check a patient's condition often and provide them with nursing care services. However, the current attending system lacks delivery and assistance support. Thus, for the successful performance of the attending system, a networking system should be developed to facilitate communication between the doctors and nurses. In particular, the nursing records in the attending system could help doctors monitor the patient's condition and provision of nursing care services. A nursing record is the formal documentation associated with nursing care. It is merely a data repository that helps nurses to track their activities; nursing records thus represent a resource of primary information that can be reused. In order to maximize their usefulness, nursing records have been introduced as part of computerized patient records. However, nursing records are internal data that are not disclosed by hospitals. Moreover, the lack of standardization of the record list makes it difficult to share nursing records. Under the attending system, nurses would want to minimize the amount of effort they have to put in for the maintenance of additional records. Hence, they would try to maintain the current level of nursing records in the form of record lists and record attributes, while doctors would require more detailed and real-time information about their patients in order to monitor their condition. Therefore, this study developed a system for assisting in the maintenance and sharing of the nursing records under the attending system. In contrast to previous research on the functionality of computer-based nursing records, we have emphasized the practical usefulness of nursing records from the viewpoint of the actual implementation of the attending system. We suggested that nurses could design a nursing record dictionary for their convenience, and that doctors and nurses could confirm the definitions that they looked up in the dictionary through negotiations with intelligent agents. Such an agent-based system could facilitate networking among medical institutes. Multi-agent systems are a widely accepted paradigm for the distribution and sharing of computation workloads in the scientific community. Agent-based systems have been developed with differences in functional cooperation, coordination, and negotiation. To increase such communication, a framework for a multi-agent based system is proposed in this study. The agent-based approach is useful for developing a system that promotes trade-offs between transactions involving multiple attributes. A brief summary of our contributions follows. First, we propose an efficient and accurate utility representation and acquisition mechanism based on a preference scale while minimizing user interactions with the agent. Trade-offs between various transaction attributes can also be easily computed. Second, by providing a multi-attribute negotiation framework based on the attribute utility evaluation mechanism, we allow both the doctors in charge and nurses to negotiate over various transaction attributes in the nursing record lists that are defined by the latter. Third, we have designed the architecture of the nursing record management server and a system of agents that provides support to the doctors and nurses with regard to the framework and mechanisms proposed above. A formal protocol has also been developed to create and control the communication required for negotiations. We verified the realization of the system by developing a web-based prototype. The system was implemented using ASP and IIS5.1.

Effects of Educational Programs Utilizing Forests on Maladjusted Behavior of Mentally Retarded Students (숲을 활용한 교육이 정신지체학생의 부적응행동에 미치는 영향)

  • Park, Kyoung-Lee;Sim, Woo-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.5
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    • pp.64-79
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    • 2010
  • Students with intellectual disabilities typically have great difficulties communicating their needs and wants and may get frustrated, anxious or show signs of aggressive behaviour. They are often unable to understand the concept of relationships with other people as well. This lack of social communication and interaction leads to poor motivation which increases other areas of difficulty in their lives. Therefore, to teach students with intellectual disabilities, it is essential to find special teaching methods to support their positive behavior. This paper proposes that special educational curriculum for students with intellectual impairments utilize natural environments(forests) and materials. The purpose of this study was to investigate the effects of Educational Programs Utilizing Forests on maladjusted behavior of students with mental retardation and to examine the positive effects of such planning practices. The subjects were middle school students who attended a special school for mentally-retarded students. They were divided into two separate groups- an experimental group and a control group. All subjects received the pre and post test using the same method. This program was applied to the formal educational process of middle school from March 1st to October 30th, 2009. In this experiment the results indicate that the effect of using a natural environment(forest) and the materials within a formal educational curriculum was positive as a type of horticultural therapy and that it supports positive behavior strategies in students with intellectual impairments. The usage of various natural materials including plants and flowers within the natural environments provide students with increased opportunities to participate. Teaching methods including natural materials help teachers engage with their students more easily during routine activities as their interest is already stimulated. This project will help students with intellectual impairments to build skills which enable effective participation and increase independence throughout their lives. This should be embedded into both routine and planned activities of the classroom Also, it offers a needed interior plan for the treatment space through an analysis of psychological factors of how the environment affects students.

User-participatory Design Process for School Forests - Focusing on Daegu Padong Elementary School - (이용자 참여형 학교숲 설계에 관한 연구 - 대구 파동초등학교를 대상으로 -)

  • Jung, Tae-Yeol;Kwon, Ji-Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.6
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    • pp.50-61
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    • 2017
  • This study devised a user-participatory design process for users to participate directly in the design process and was implemented at Daegu Padong Elementary School. Users of the school forest were divided into four groups: the lower grades, the upper grades, local residents(parents included), and faculty. The methods of this study were image survey, preference survey, card playing, and model playing. Researchers investigated the level of user satisfaction the following year. The specific design process is as follows: First of all, the concept of the school forest was established through audio-visual education for students and image research was conducted through drawing and painting activities entitled 'The School Forest I Want'. Second, in the image survey, a survey of areas and facilities with high frequency use was conducted in the study of the lower grades, the upper grades, local residents, and the faculty. Image cards of spaces and facilities that showed high preference were produced and the cards were placed in four groups on the school lot plan to check the location of place and facilities desired. Based on this, a model and a basic idea were created through consultation with future users. Lastly, the study design was completed. After 1 year from the completion of the school forest, users were again surveyed regarding their satisfaction with use. The importance of this study is as follows: 1) Treating all potential users of a school forest as the subject of design participation, 2) Reasoning out a plan created by the users themselves through consultation and discussion throughout all steps of the design process, 3) Grasping how users utilize a school forest and the type of spaces most preferred via preference survey after completion of the school forest and showing the importance of user participation by showing that spaces preferred by users were similar to those in which experts were also highly interested.

CLINICAL STUDY OF SHADE IMPROVEMENT AND SAFETY OF POLYMER-BASED PEN TYPE BlancTis Forte WHITENING AGENT CONTAINING 8.3% CARBAMIDE PEROXIDE (8.3% Carbamide Peroxide 함유 펜 형 자가미백제인 BlancTis Forte의 색조개선 및 안전성에 관한 임상연구)

  • Lee, Jin-Kyung;Min, Sun-Hong;Hong, Sung-Tae;Oh, So-Ram;Chung, Shin-Hye;Hwang, Young-Hye;You, Sung-Yeop;Bae, Kwang-Shik;Baek, Seung-Ho;Lee, Woo-Cheol;Son, Won-Jun;Kum, Kee-Yeon
    • Restorative Dentistry and Endodontics
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    • v.34 no.2
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    • pp.154-161
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    • 2009
  • This clinical study evaluated the whitening effect and safety of polymer based-pen type BlancTis Forte (NIBEC) containing 8.3% carbamide peroxide. Twenty volunteers used the BlancTis Forte whitening agent for 2 hours twice a day for 4 weeks. As a control. Whitening Effect Pen (LG) containing 3% hydrogen peroxide was used by 20 volunteers using the same protocol. The change in shade (${\Delta}E^*$, color difference) was measured using $Shadepilot^{TM}$ (DeguDent) before, during, and after bleaching (2 weeks, 4 weeks, and post-bleaching 4 weeks). A clinical examination for any side effects (tooth hypersensitivity or soft tissue complications) was also performed at each check-up. The following results were obtained. 1. Both the experimental and control groups displayed a noticeable change in shade (${\Delta}E$) of over 2. No significant differences were found between the two groups (p > 0.05), implying that the two agents have a similar whitening effect.2. The whitening effect was mainly due to changes in a and b values rather than in L value (brightness). The experimental group showed a significantly higher change in b value, thus yellow shade, than the control (p < 0.05). 3. None of the participants complained of tooth hypersensitivity or soft tissue complications, confirming the safety of both whitening agents.

Capacity Comparison of Two Uplink OFDMA Systems Considering Synchronization Error among Multiple Users and Nonlinear Distortion of Amplifiers (사용자간 동기오차와 증폭기의 비선형 왜곡을 동시에 고려한 두 상향링크 OFDMA 기법의 채널용량 비교 분석)

  • Lee, Jin-Hui;Kim, Bong-Seok;Choi, Kwonhue
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.39A no.5
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    • pp.258-270
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    • 2014
  • In this paper, we investigate channel capacity of two kinds of uplink OFDMA (Orthogonal Frequency Division Multiple Access) schemes, i.e. ZCZ (Zero Correlation Zone) code time-spread OFDMA and sparse SC-FDMA (Single Carrier Frequency Division Mmultiple Access) robust to access timing offset (TO) among multiple users. In order to reflect the practical condition, we consider not only access TO among multiple users but also peak to average power ratio (PAPR) which is one of hot issues of uplink OFDMA. In the case with access TO among multiple users, the amplified signal of users by power control might affect a severe interference to signals of other users. Meanwhile, amplified signal by considering distance between user and base station might be distorted due to the limit of amplifier and thus the performance might degrade. In order to achieve the maximum channel capacity, we investigate the combinations of transmit power so called ASF (adaptive scaling factor) by numerical simulations. We check that the channel capacity of the case with ASF increases compared to the case with considering only distance i.e. ASF=1. From the simulation results, In the case of high signal to noise ratio (SNR), ZCZ code time-spread OFDMA achieves higher channel capacity compared to sparse block SC-FDMA. On the other hand, in the case of low SNR, the sparse block SC-FDMA achieves better performance compared to ZCZ time-spread OFDMA.

A Study on the Practice of Performance Assessment in the Elementary School Mathematics - Focussing on Self-assessment and Peer-observation - (초등학교 수학과 수행평가 실천에 관한 연구 - 자기평가.동료평가.관찰평가를 중심으로 -)

  • Kim Song-Ja;Choi Chang-Woo
    • Journal of Elementary Mathematics Education in Korea
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    • v.10 no.1
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    • pp.67-87
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    • 2006
  • This study is to recognize a problem in the practice of performance assessment in elementary school, and to find out some suggestive points for improvement of teaching·learning method in elementary mathematics through assessment by reducing time restriction according to assessment through the practice of self-assessment, peer-assessment and observation, and then by reflecting the results of assessment on teaching learning plan. For that, the questions of study set up are as follows ; 1. How should self-assessment and peer-assessment be applied to in elementary mathematics assessment? 2. How should the time for 'let's play an interesting game' be managed for assessment of elementary mathematics? 3. How should the results of assessment be reflected on the Process of teaching and learning of mathematics? To solve these problems, a researcher of this thesis performed self-assessment, peer-assessment on 40 students of second grade under her charge as a class teacher, and applied observation in the time management process for 'let's play an interesting game' for a semester. self-assessment was made by mathematics journal, self-assessment chart, peer-assessment was by the analysis of conversation record among students in the situations of assessment, and observation was by observation of activity when playing with the results data of play analyzed. the concrete methods of application as follows ; First, mathematics journal was applied $1{\sim}2$ times by each unit with reconstruction into the level of second grade on the basis of the preceding-study models. Second, peer-assessment was applied to the unit-assessment time and the play-activities time by the method of recording·analyzing the contents of conversation among students in the process of assessment. Third, mathematical attitude & dispositions of students making use of the self- assessment table were examined referring to the teaching learning plan. Fourth, the time management for 'let's play an interesting game' was made through the prior recognition of play method and the joyful play-activities by use of the play-plate. Assessment depended on analysis of play-activities results of students making use of an observation form. Fifth, the results of self-assessment, peer-assessment, and observation were analyzed, and then they were made use of as self-observation data, of teacher her/his self, or teaching·learning improvement data. Students' self-assessment datum (mathematics diary, self-assessment sheets, conversation contents in the process of assessment) and observation materials (check lists, Play-activity result materials, conversation contents in the process of play) obtained in the process of application was analyzed as follows ; 1. From the practice of self-assessment in form of mathematics journal, I could obtain not only datum showing how much students was understanding the learning aims by unit time and to any degree they reached but also information about their response to learning datum and favorable type of learning. 2. Assessment by self-assessment chart was useful in planning the mathematics teaching learning process because it helps ascertain mathematical attitude & dispositions of students. 3. Through the application of peer-assessment, students had the opportunity of communicating with other students looking back on his/her explaining process, and teachers could obtain basic materials for assessment of students. 4, In case of time management for 'let's play an interesting game', there was natural extension of play made through time-security by prior looking into the method of play-activity, and then, for a remained time, by making children play a new game. 5, I could easily record the activities of students by use of the observation. form, and make use of it as basic data for descriptive assessment. 6, Each kinds of data obtained from the results of assessment was helpful for securing self-observation materials in the process of teaching learning and for their betterment in mathematics subject. However, because they were in the second grade of elementary school and there was an individual difference, some students could not make use of mathematics diary or self-assessment form properly. In case of these students, assessment data would be obtained through interview or observation. And for effective operation of play, its purpose & method and matters that demand special attention when play-acting should be clearly guided. Also, when applying an effective play in addition to play activities in textbook, to lessons, interesting mathematics lessons could be guided.

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A Study of a Teaching Plan for Gifted Students in Elementary School Mathematics Classes (일반학급에서의 초등 수학 영재아 지도 방안 연구)

  • Kim, Myeong-Ja;Shin, Hang-Kyun
    • Journal of Elementary Mathematics Education in Korea
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    • v.13 no.2
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    • pp.163-192
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    • 2009
  • Currently, our country operates gifted education only as a special curriculum, which results in many problems, e.g., there are few beneficiaries of gifted education, considerable time and effort are required to gifted students, and gifted students' educational needs are ignored during the operation of regular curriculum. In order to solve these problems, the present study formulates the following research questions, finding it advisable to conduct gifted education in elementary regular classrooms within the scope of the regular curriculum. A. To devise a teaching plan for the gifted students on mathematics in the elementary school regular classroom. B. To develop a learning program for the gifted students in the elementary school regular classroom. C. To apply an in-depth learning program to gifted students in mathematics and analyze the effectiveness of the program. In order to answer these questions, a teaching plan was provided for the gifted students in mathematics using a differentiating instruction type. This type was developed by researching literature reviews. Primarily, those on characteristics of gifted students in mathematics and teaching-learning models for gifted education. In order to instruct the gifted students on mathematics in the regular classrooms, an in-depth learning program was developed. The gifted students were selected through teachers' recommendation and an advanced placement test. Furthermore, the effectiveness of the gifted education in mathematics and the possibility of the differentiating teaching type in the regular classrooms were determined. The analysis was applied through an in-depth learning program of selected gifted students in mathematics. To this end, an in-depth learning program developed in the present study was applied to 6 gifted students in mathematics in one first grade class of D Elementary School located in Nowon-gu, Seoul through a 10-period instruction. Thereafter, learning outputs, math diaries, teacher's checklist, interviews, video tape recordings the instruction were collected and analyzed. Based on instruction research and data analysis stated above, the following results were obtained. First, it was possible to implement the gifted education in mathematics using a differentiating instruction type in the regular classrooms, without incurring any significant difficulty to the teachers, the gifted students, and the non-gifted students. Specifically, this instruction was effective for the gifted students in mathematics. Since the gifted students have self-directed learning capability, the teacher can teach lessons to the gifted students individually or in a group, while teaching lessons to the non-gifted students. The teacher can take time to check the learning state of the gifted students and advise them, while the non-gifted students are solving their problems. Second, an in-depth learning program connected with the regular curriculum, was developed for the gifted students, and greatly effective to their development of mathematical thinking skills and creativity. The in-depth learning program held the interest of the gifted students and stimulated their mathematical thinking. It led to the creative learning results, and positively changed their attitude toward mathematics. Third, the gifted students with the most favorable results who took both teacher's recommendation and advanced placement test were more self-directed capable and task committed. They also showed favorable results of the in-depth learning program. Based on the foregoing study results, the conclusions are as follows: First, gifted education using a differentiating instruction type can be conducted for gifted students on mathematics in the elementary regular classrooms. This type of instruction conforms to the characteristics of the gifted students in mathematics and is greatly effective. Since the gifted students in mathematics have self-directed learning capabilities and task-commitment, their mathematical thinking skills and creativity were enhanced during individual exploration and learning through an in-depth learning program in a differentiating instruction. Second, when a differentiating instruction type is implemented, beneficiaries of gifted education will be enhanced. Gifted students and their parents' satisfaction with what their children are learning at school will increase. Teachers will have a better understanding of gifted education. Third, an in-depth learning program for gifted students on mathematics in the regular classrooms, should conform with an instructing and learning model for gifted education. This program should include various and creative contents by deepening the regular curriculum. Fourth, if an in-depth learning program is applied to the gifted students on mathematics in the regular classrooms, it can enhance their gifted abilities, change their attitude toward mathematics positively, and increase their creativity.

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Anti-oxidative and Anti-cancer Activities by Cell Cycle Regulation of Salsola collina Extract (솔장다리 추출물의 항산화 활성 및 세포주기조절에 의한 항암 활성 분석)

  • Oh, You Na;Jin, Soojung;Park, Hyun-Jin;Kwon, Hyun Ju;Kim, Byung Woo
    • Microbiology and Biotechnology Letters
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    • v.42 no.1
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    • pp.73-81
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    • 2014
  • Salsola collina, also known as Russian thistle, is widely distributed in and around waste facilities, roadsides, and drought and semi-drought areas, and is used as a traditional folk remedy in Chinese medicine for the treatment of hypertension. In this study, we have evaluated the anti-oxidative and anti-cancer activities of the ethanol extract of S. collina Pall. (EESC), and the molecular mechanisms of its anti-cancer effects on human colon carcinoma HT29 cells. EESC exhibited anti-oxidative activity through DPPH radical scavenging capacity and showed cytotoxic activity in a dose-dependent manner in HT29 cells. After EESC treatment, HT29 cells altered their morphology, becoming smaller and irregular in shape. EESC also induced cell accumulation in the G2/M phase in a dose-dependent manner, accompanied by a decrease of cell population in the G1 phase. The G2/M arrest by EESC was associated with the increased expression of cyclin-dependent kinase (CDK) inhibitor p21 and Wee1 kinase, which phosphorylates, or inactivates, Cdc2. EESC treatment induced the phosphorylation of Cdc2 and Cdc25C, and inhibited cyclin A and Cdc25C protein expression. In addition, S arrest was induced by the highest concentration of EESC treatment, associated with a decrease of cyclin A and Cdk2 expression. These findings suggest that EESC may possess remarkable anti-oxidative activity and exert an anti-cancer effect in HT29 cells by cell cycle regulation.

The Community Structures of Macrozoobenthos during Summer in the Incheon and Busan Harbors, Korea (인천항 및 부산항의 여름철 대형저서동물군집의 구조)

  • Seo, Jin-Young;Park, So-Hyun;Lim, Hyun-Sig;Chang, Man;Choi, Jin-Woo
    • Korean Journal of Environmental Biology
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    • v.27 no.1
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    • pp.6-19
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    • 2009
  • We investigated the macrozoobenthos at major two harbors of Korea in July and August 2007 in order to check the changes in the species composition due to the invasive species and to make a species inventory at each harbor system. At the Incheon Harbor, a total of 88 species was sampled with abundance of 3,212 ind. m$^{-2}$ and biomass of 239 g m$^{-2}$. The most dominant species was Tharyx sp. belong to polychaete taxa, followed by Chaetozone setosa in the harbor area. The dominant species of outer area were Musculus senhousia and Sternaspis scutata. The diversity index ranged between 0.9$\sim$2.4, and evenness index between 0.3$\sim$0.9, and richness index between 1.8$\sim$3.9. Benthic pollution index ranged between 16$\sim$74. The highest benthic pollution index was at station 4. On the other hand the lowest value was at station 6, where a large amount of M. senhousia belong to mollusca occurred. At the Busan Harbor, a total of 89 species was sampled with density of 1,845 ind. m$^{-2}$ and biomass of 133.6 g m$^{-2}$ in August 2007. The most dominant species was Tharyx sp., followed by M. japonica and Cirratulus cirrata within harbor area. M. japonica was dominant species in the outer area. The diversity index ranged between 0.7$\sim$2.2, evenness index between 0.3$\sim$1.0, and richness index between 1.1$\sim$4.1. Benthic pollution index ranged between 31$\sim$90. The lowest benthic pollution index was found at site 2 within harbor area.