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The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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Quasi-breath-hold (QBH) Biofeedback in Gated 3D Thoracic MRI: Feasibility Study (게이트 흉부자기 공명 영상법과 함께 사용할 수 있는 의사호흡정지(QBH) 바이오 피드백)

  • Kim, Taeho;Pooley, Robert;Lee, Danny;Keall, Paul;Lee, Rena;Kim, Siyong
    • Progress in Medical Physics
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    • v.25 no.2
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    • pp.72-78
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    • 2014
  • The aim of the study is to test a hypothesis that quasi-breath-hold (QBH) biofeedback improves the residual respiratory motion management in gated 3D thoracic MR imaging, reducing respiratory motion artifacts with insignificant acquisition time alteration. To test the hypothesis five healthy human subjects underwent two gated MR imaging studies based on a T2 weighted SPACE MR pulse sequence using a respiratory navigator of a 3T Siemens MRI: one under free breathing and the other under QBH biofeedback breathing. The QBH biofeedback system utilized the external marker position on the abdomen obtained with an RPM system (Real-time Position Management, Varian) to audio-visually guide a human subject for 2s breath-hold at 90% exhalation position in each respiratory cycle. The improvement in the upper liver breath-hold motion reproducibility within the gating window using the QBH biofeedback system has been assessed for a group of volunteers. We assessed the residual respiratory motion management within the gating window and respiratory motion artifacts in 3D thoracic MRI both with/without QBH biofeedback. In addition, the RMSE (root mean square error) of abdominal displacement has been investigated. The QBH biofeedback reduced the residual upper liver motion within the gating window during MR acquisitions (~6 minutes) compared to that for free breathing, resulting in the reduction of respiratory motion artifacts in lung and liver of gated 3D thoracic MR images. The abdominal motion reduction in the gated window was consistent with the residual motion reduction of the diaphragm with QBH biofeedback. Consequently, average RMSE (root mean square error) of abdominal displacement obtained from the RPM has been also reduced from 2.0 mm of free breathing to 0.7 mm of QBH biofeedback breathing over the entire cycle (67% reduction, p-value=0.02) and from 1.7 mm of free breathing to 0.7 mm of QBH biofeedback breathing in the gated window (58% reduction, p-value=0.14). The average baseline drift obtained using a linear fit was reduced from 5.5 mm/min with free breathing to 0.6 mm/min (89% reduction, p-value=0.017) with QBH biofeedback. The study demonstrated that the QBH biofeedback improved the upper liver breath-hold motion reproducibility during the gated 3D thoracic MR imaging. This system can provide clinically applicable motion management of the internal anatomy for gated medical imaging as well as gated radiotherapy.

Festival Space Design to Change the Value of Sudokwon Landfill Site - 2014 Dreampark Chrysanthemum Festival Basic Plan and Design - (수도권 매립지 가치변화를 위한 지속 가능한 축제 공간 계획 - 2014 드림파크 국화축제 기본계획 및 기본설계 -)

  • Kim, Ok-Kyung;Lee, Hak-Youn;Kim, Joo-Am;Lee, Bo-Ram;Kim, Ha-Yan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.4
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    • pp.89-99
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    • 2014
  • This paper offers a landscape design proposal for the 2014 Dreampark Chrysanthemum Festival within the Sudokwon Landfill Site. This site is located at 58 Baeksukdong, Seo-gu, Incheon, and it has an area of approximately $560,000m^2$. Over 1.53million visitors came to this festival on the previous year. This design includes an overall masterplan and a series of planting plans along with a core selection of iconic topiaries. The goal of the design is to create a landscape that improves the value of the place image and local economy as well as celebrates the 2014 Incheon Asian Game. In order to achieve this goal, three design subjects were considered: promoting local pride as a part of Incheon, increasing the aesthetic value of the site based on the brand image, and sustainable placemaking. To promote local pride, the 2km long "Little Incheon" is designed over a wildflower field, which is inspired by Incheon Bridge to give a strong image of the locality. A variety of programs from local gardening participation were introduced to the east part of the site. The design also outlines the vision for the development of Dreampark - a people-oriented gathering place for the entire community with spaces that offer a variety of unstructured recreational and cultural experiences. To increase the aesthetic brand value of the festival, it introduced a variety of wildflower beds scattering through the whole site. It creates a strong brand image for the festival and memories that will encourage visitors to return. Various folktales of Asian countries are displayed by autumn flowers and groundcover plants at the centre of the site, which is the highlight of the festival site. For sustainable placemaking, the design preserves the existing trees and reed beds for wildlife to create natural layers of landscape. In addition, facilities and service centers are designed to be flexible and are centred on the needs of the people using them. Also a festival management scheme was planned in order to operate the site efficiently and economically.

Site Selection Model for Wetland Restoration and Creation for the Circulation of Water in a Newly-built Community (신도시 물순환체계 구축을 위한 습지조성 입지선정에 관한 연구)

  • Choi, Hee-Sun;Kim, Kwi-Gon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.36 no.6
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    • pp.43-54
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    • 2009
  • This study attempted to develop a model for selecting sites for ecologically effective, multi-functional wetlands during the environmental and ecological planning stage, prior to land use Planning. This model was developed with an emphasis upon the creation of a water circulation system for a newly-created city, dispersing and retaining the run-off that is increased due to urbanization and securing spaces to create wetlands that can promote urban biodiversity. A series of Precesses for selecting sites for wetland restoration and creation - watershed analysis, selection of evaluation items, calculation of weights, reparation of thematic maps and synthesis - were incorporated into the model. Its potentials and limitations were examined by applying it to the recently-planned WiRae New Community Development Area, which is located in the Seoul metropolitan region. At the watershed analysis stage, the site was divided into 13 sub-catchment areas. Inflow to watersheds including the area was $3,020,765m^3$ Run-off before and after development is estimated as $1,901,969m^3$ and $1,970,735{\sim}2,039,502m^3$, respectively. The total storage capacity required in the development area amounts to $68,766{\sim}137,533m^3$. When thematic maps were overlapped during the selection stage for wetland sites, 13 sub-catchment areas were prioritized for wetland restoration and creation. The locations and areas for retaining run-off showed that various types of wetlands, including retaining wetlands (area wetlands), riverine wetlands (linear wetlands) and pond wetlands (point wetlands), can be created and that they can be systematically connected. By providing a basic framework for the water circulation system plan of an entire city, it may be used effectively in the space planning stage, such as planning an urban eco-network through integration with greet areas. In order to estimate reasonable run-off and create an adequate water circulation system however, a feedback process following land use planning is required. This study strived to promote urban changes in a positive direction while minimizing urban changes in negative forms.

A Meaningful Interpretation on Concept of Byeulseo Scenic Spot (별서명승의 개념에 대한 의미론적 해석)

  • Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.1
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    • pp.49-58
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    • 2010
  • This study is attempted to establish the concept of Byeulseo Scenic Spot that the definitions of Byeulseo and Scenic Spot would be presented first followed by clarifying the basis, reason and justification that Byeulseo would be called as Byeulseo Scenic Spot that the following is the major results formulated herein. First, the concept of scenic spot under the Cultural Property Act is the reference to the famous site with the building improvement well known for its great scenery or the point where splendid scenery is viewed that has the artistic value along with the trace of human lives in this cultural heritage that, although the scenery is important but the attention has to be on discovery of historic resources with the story telling in the subject site. Second, the criteria of designation on the Scenic Spot in Korea would be natural scenery, animal and plant site with well-known scenery, view point of scenery, famous building or garden and important places with legend that there lacks diversification. In this aspect, the intent of the concept of Scenic Spot would be facilitated to expand the designation of the Byeulseo Scenic Spot as the Scenic Spot of living style. Third, from the foreign cases, particularly, in Japan, it is needed to note that Byeulseos and housing gardens are designated for 196 places of Scenic Spot, reaching 55.4% of entire Scenic Spots. Laws, regulations, systems and designated criteria on the cases of designating the foreign Scenic Spots would be studied and quoted. Fourth, the classification work for each type to designate as cultural heritage has to be continued as the Scenic Spot of subject site with even more emerged for the value as the Scenic Spot in garden, original site and the like classified as historic site, important folk data and the like. Fifth, the designation of Scenic Spot of Byeulseo garden with splendid scenery as the living Scenic Spot has to be expanded. The pavilion existed now nationwide would be approximately 1,500, and these pavilions are the place where the scholars stay in the famous site, and this is the central space of Byeulseo to study, and if there is clear one that has written and record of deed to create the stories to people with the value for publicity campaign, it would be the subject of Scenic Spot. And sixth, for the case of view point with splendid scenery in Byeulseo Garden, it cannot be the subject of designation that the designation of Scenic Spot has to be expanded. In the event of the Byeulseo garden in Korea, there are many cases of having outstanding view points, and there is a few case of designating the subject site with great view point as a Scenic Spot.

A Scenery Word of Pine Tree Extracted in Choi Myoung Hee's Novel 『Honbul』 (최명희의 소설 『혼불』에서 추출한 소나무의 경관언어)

  • Rho, Jae-Hyun;Kim, Hwa-Ok;Park, Yool-Jin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.4
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    • pp.61-72
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    • 2014
  • Throughout analyzing and construing the words, contexts, and expressive languages used for depicting the pine tree in the novel "Honbul" written by Choi, Myung-Hee the symbolism of the pine and folksy languages used for scenery can be condensed as written below: First, it is explicit that the scenery-words for illustrating the pine tree in "Honbul" are emerged through diverse means methods and expressions. Namely, the reference forms of the pine tree and the expressive means of utilizing words portrays the use of the pine are various and subdivided. Second, the scenery-words found in vocabularies and the contexts of "Honbul" imply various symbolic representation. They not only perform to describe inherent image and symbolism of the pine, but they work for reifying the image of "Honbul" in the narrative structure in "Honbul" as being intrinsic scenery-word. Third, the scenery-words used for expressing aesthetics emerge as synesthetic expressions through the linear beauty and the texture of the pine as well as through five-senses. Forth, on the basis of the inherent symbolism and the image of the pine, the landscape of the background described in "Honbul" deems as a symbolic backdrop. As with then narrative structure of the novel, the pine tree performs as a mediation of the heaven and the earth, god and man, as well as the sacred and the secular. Fifth, scenery-words used for depicting the pine tree are a symbol that represents the spirit and emotion of the character in the novel. Moreover, it is a tool for pursuing the personification of the nature, the deification of the object, and the cosmos of the space. It is also utilized as a device that definitize the ideational image applied to express the landscape of the background of the novel. As mentioned above, the expressions, vocabularies and textures about pine tree represented from "Honbul" are expected to be the beginning of understanding the landscape-images and landscape-languages of pine in not only the setting for this novels, Namwon but also the entire districts of Korea.

Design of a Crowd-Sourced Fingerprint Mapping and Localization System (군중-제공 신호지도 작성 및 위치 추적 시스템의 설계)

  • Choi, Eun-Mi;Kim, In-Cheol
    • KIPS Transactions on Software and Data Engineering
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    • v.2 no.9
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    • pp.595-602
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    • 2013
  • WiFi fingerprinting is well known as an effective localization technique used for indoor environments. However, this technique requires a large amount of pre-built fingerprint maps over the entire space. Moreover, due to environmental changes, these maps have to be newly built or updated periodically by experts. As a way to avoid this problem, crowd-sourced fingerprint mapping attracts many interests from researchers. This approach supports many volunteer users to share their WiFi fingerprints collected at a specific environment. Therefore, crowd-sourced fingerprinting can automatically update fingerprint maps up-to-date. In most previous systems, however, individual users were asked to enter their positions manually to build their local fingerprint maps. Moreover, the systems do not have any principled mechanism to keep fingerprint maps clean by detecting and filtering out erroneous fingerprints collected from multiple users. In this paper, we present the design of a crowd-sourced fingerprint mapping and localization(CMAL) system. The proposed system can not only automatically build and/or update WiFi fingerprint maps from fingerprint collections provided by multiple smartphone users, but also simultaneously track their positions using the up-to-date maps. The CMAL system consists of multiple clients to work on individual smartphones to collect fingerprints and a central server to maintain a database of fingerprint maps. Each client contains a particle filter-based WiFi SLAM engine, tracking the smartphone user's position and building each local fingerprint map. The server of our system adopts a Gaussian interpolation-based error filtering algorithm to maintain the integrity of fingerprint maps. Through various experiments, we show the high performance of our system.

Crosshole EM 2.5D Modeling by the Extended Born Approximation (확장된 Born 근사에 의한 시추공간 전자탐사 2.5차원 모델링)

  • Cho, In-Ky;Suh, Jung-Hee
    • Geophysics and Geophysical Exploration
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    • v.1 no.2
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    • pp.127-135
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    • 1998
  • The Born approximation is widely used for solving the complex scattering problems in electromagnetics. Approximating total internal electric field by the background field is reasonable for small material contrasts as long as scatterer is not too large and the frequency is not too high. However in many geophysical applications, moderate and high conductivity contrasts cause both real and imaginary part of internal electric field to differ greatly from background. In the extended Born approximation, which can improve the accuracy of Born approximation dramatically, the total electric field in the integral over the scattering volume is approximated by the background electric field projected to a depolarization tensor. The finite difference and elements methods are usually used in EM scattering problems with a 2D model and a 3D source, due to their capability for simulating complex subsurface conductivity distributions. The price paid for a 3D source is that many wavenumber domain solutions and their inverse Fourier transform must be computed. In these differential equation methods, all the area including homogeneous region should be discretized, which increases the number of nodes and matrix size. Therefore, the differential equation methods need a lot of computing time and large memory. In this study, EM modeling program for a 2D model and a 3D source is developed, which is based on the extended Born approximation. The solution is very fast and stable. Using the program, crosshole EM responses with a vertical magnetic dipole source are obtained and the results are compared with those of 3D integral equation solutions. The agreement between the integral equation solution and extended Born approximation is remarkable within the entire frequency range, but degrades with the increase of conductivity contrast between anomalous body and background medium. The extended Born approximation is accurate in the case conductivity contrast is lower than 1:10. Therefore, the location and conductivity of the anomalous body can be estimated effectively by the extended Born approximation although the quantitative estimate of conductivity is difficult for the case conductivity contrast is too high.

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Landscape Design for Daechon Soul Island Resort Complex (대천 소울 아일랜드 리조트 조경설계)

  • Kwon, Jin-Wook
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.1
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    • pp.74-83
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    • 2010
  • This study is a development plan of a resort in a regional center that aims to generate tourism consumptions that have ripple effects on the regional economy by developing abandoned mine complexes in Daechon. Thanks to economic growth, the public awareness of tourism has changed. Hence, want for tourism influences development and advancement of recreational spaces, combining with various cultural contents. Development associated with environmental issues caused by modernization has become a major issue. At this point, to rediscover and specialize industrial complexes of bygone days as tourism resources signifies regeneration of regional resources. This study aims to find a solution for appropriate tourism development as part of the measures to revitalize the regional economy in underdeveloped areas and to improve the polluted environment. The result of the study is summarized as follows: First, in regional development alongside the development of a resort complex, it is important to construct environmental similarities. Minimizing differences in landscape structures is especially necessary because it will cause tourism resources in a regional center to be naturally linked to regional activities. These will then be recognized as attractions in the neighborhood. Therefore, it is desirable to reflect a spatial structure for environmental convergence, and, at the same time, to fulfill operation purposes by space through differentiation of movement lines. Second, in utilization of existing environmental resources, it is desirable to express localities and to develop differentiated elements. Facilities should not be homogenized, attaching importance to trends. Therefore, in establishing a development plan, it is important to have an attitude to accept existing roles and functions in a transformative manner. Third, recreational facilities in resort spaces generally have the problems of being uniformly planned as part of a development project and being limited to landscape facilities. Introduction of specialized facilities that can be reconciled with the regional environment and that can be open influences the landscape structure of the entire region and brings ripple effects as key facilities for activation of tourism.

A Case of Bronchus-Associated Lymphoid Tissue(BALT) Lymphoma in the Lung of the Patient with Primary Sj$\ddot{o}$gren's Syndrome (원발성 쇼그렌 증후군(Primary Sj$\ddot{o}$gren's Syndrome) 환자에서 발생한 Bronchus-Associated Lymphoid Tissue(BALT) 림프종 1례)

  • Kang, Min-Jong;Lee, Jae-Myung;Lee, Seung-Joon;Son, Jee-Woong;Kim, Dong-Gyu;Lee, Myung-Goo;Hyun, In-Gyu;Jung, Ki-Suck
    • Tuberculosis and Respiratory Diseases
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    • v.52 no.2
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    • pp.179-185
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    • 2002
  • A bronchus-associated lymphoid tissue(BALT) lymphoma of the lung is a rare disorder of patients with Sj$\ddot{o}$gren's syndrome. A 49-year-old woman was admitted for an evaluation of exertional dyspnea and general weakness which had persisted for two years. The patient had suffered from dry mouth and dry eyes for five years. The physical examinations showed a coarse breath sound with inspiratory crackles on the whole lung field, particularly on the both basal lungs. The laboratory data disclosed high titers of anti-nuclear antibodies, and anti-SSA (Ro), and anti-SSB (La) antibodies. Chest radiographs demonstrated the presence of bilateral, diffuse, reticulonodular densities in both lungs. Thin-section CT scans showed diffusely distributed mosaic pattern of an inhomogeneous attenuation extending over the entire lung zone. The histological findings from an open-lung biopsy specimen revealed an accumulation of lymphoid cells around the bronchioles and an extension of malignant lymphoma cells from the bronchiolar epithelium toward the alveolar space. Immunohistochemically, the neoplastic cells reacted positively to the CD 20 antigen and were focally positive for the UCHL 1 antigen. The histological diagnosis was consistent with a low grade marginal zone B-cell lymphoma originating in the BALT. Here, we present a case of a histologically proven BALT lymphoma of the lung in a patient with primary Sj$\ddot{o}$gren's Syndrome.