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Distribution of Hard Ticks based on Environments and Detection of Severe Fever with Thrombocytopenia Syndrome Virus in Sangju city, Korea, 2019 (2019년 경북 상주 지역 환경별 참진드기 분포 조사 및 중증열성혈소판감소증후군 바이러스 검출)

  • Lee, JaeSeok;Moon, KyungHwan;Kim, YeongHo;Park, Ye eun;Jeon, Ji Hyang;Kim, Chae Won;Park, Sean;Woo, Ji Hyeon;Jeong, Yeo Jin;Eom, Jong Won;Lee, Wook-Gyo;Kim, Young Ho
    • Korean journal of applied entomology
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    • v.59 no.3
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    • pp.233-241
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    • 2020
  • Several hard tick species in Ixodidae are medically important pests that transmit infectious disease including severe fever with thrombocytopenia syndrome (SFTS). In Korea, the number of SFTS patients continues to steadily increase since its first report in 2013, and Gyeongsangbuk-do (province) is the second most frequent area of SFTS patient occurrence. In order to investigate the distribution of ticks in Sangju city, we collected ticks using the flagging method from 26 sites comprising urban green area, vulnerable area of management, and rural area, and examined SFTS virus from the collected ticks in 2019. Based on Collection Index (CI = tick number / 1 h / 2 people), CI 143 ticks, including Haemaphysalis longicornis, Haemaphysalis flava, and Ixodes nipponensis, were collected; the most abundant species among the three tick species was H. longicornis (CI 138, 96.5%). Ninety two percent (CI 131) of ticks were collected in vulnerable area of management, where people cannot easily enter and are not managed by city hall, whereas only 8.4% (CI 12) were collected in the urban green area and rural area. Regarding SFTS virus detection, virus was not investigated from 26 pools containing CI 143 ticks. The results of this study are expected to be used as a recommendation for ensuring the safety of local residents from tick-borne diseases.

RADIOLOGICAL STUDY OF THE CONDYLAR HEADS IN TEMPOROMANDIBULAR JOINT ARTHROSIS (악관절증에서의 하악과두의 방사선학적 소견)

  • You Dong Soo
    • Journal of Korean Academy of Oral and Maxillofacial Radiology
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    • v.15 no.1
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    • pp.13-20
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    • 1985
  • The author obtained the oblique lateral trans cranial radiograms from 376 patients (114 of male, and 262 of female) with temporomandibular joint arthrosis. After tracing each film, the author analyzed the dimensional changes of the condylar heads with pain, clicking, mouth opening limitation, and masticatory difficulty respectively, which were the chief complaints of the TMJ arthrosis and compared these data with control group. The results were as follows; 1. There was a great predilection for occurrence of the TMJ arthrosis in female (262 cases) over male (114 cases). But there was no significant difference in ratio between the sexes on each symptom. In male, 60 patients (52.6%) had pain, 28 patients (24.6%) had clicking, 21 patients (18.4%) had mouth opening limitation, and 5 patients (4.4%) had masticatory difficulty. In female, 148 parients (56.5%) had pain, 57 patients (21.8%) had clicking, 47 patients (17.9%) had mouth opening limitation, and 10 patients (3.8%) had masticatory difficulty. 2. Examined controlled group, the author analyzed the dimension of W-W', 0-H, 0-A, 0-B on the right side first, and left side second. In male, the dimension of W-W' was 14.52㎜, 14.13㎜; 0-H was 13.92㎜, 13. 71㎜' 0-A was 8.91㎜, 9.0㎜ and 0-B was 8.67㎜, 8.78㎜. In female, W-W' was 13.77㎜, 13.51㎜; 0-H was 13.42㎜, 13.35㎜; 0-A was 8.92㎜, 9.01㎜; and 0-B was 8.59㎜, 8.80㎜. 3. W-W' and 0-H of the experimental group were distinctly lesser than the controlled group. Male with mouth opening limitation show the least (12.70㎜, 13.00㎜) on W-W', but both sexes with pain show the least on 0-H. There was no significant difference between experimental group with Clicking and controlled group on 0-H, 0-A, and 0-B. And also there was no difference on 0-B in patients with every symptom except masticatory difficulty. The dimensional changes of the condylar heads with those symptoms were as follows; a) In male patients, complaing of pain, W-W' of the right and left was 13.80㎜, 12.80㎜; 0-H was 13.10㎜, 12.90㎜; 0-A was 8.69㎜, 8.18㎜; 0-B was 8.33㎜, 8.42㎜. In female, W-W' was 13.01㎜, 12.90㎜; 0-H was 12.48㎜, 12.80㎜; 0-A was 8.60㎜, 8.49㎜; 0-B was 8.48㎜, 8.50㎜. b) In male patients with clicking, W-W' was 13.70㎜, 13.10㎜; 0-H was 13.90㎜, 13.10㎜; 0-A was 8.81㎜, 8.16㎜ 0-B was 8.34㎜, 8.25㎜. In female, W-W' was 13.10㎜, 13.50㎜; 0-H was 13.30㎜, 12.91㎜; 0-A was 8.95㎜, 8.49㎜; 0-B was 8.23㎜, 8.70㎜. c) In male patients with mouth opening limitation, W-W' was 12.70㎜, 13.00㎜; 0-H was 13.40㎜, 13.40㎜; 0-A was 8.37㎜, 8.48㎜; 0-B was 8.33㎜, 8.62㎜. In female, W-W' was 13.00㎜, 12.50㎜ 0-H was 12.90㎜, 13.10㎜; 0-A was 8.49㎜, 8.09㎜; 0-B was 8.77㎜, 8.01㎜. d) In male patients with masticatory difficulty, W-W' was 13.30㎜, 13.20㎜; 0-H was 13.40㎜, 12.60㎜; 0-A was 8.26㎜, 8.32㎜; 0-B was 7.80㎜, 8.20㎜. In female, W-W' was 12.30㎜, 12.00㎜; 0-H was 13.10㎜, 13.20㎜; 0-A was 8.68㎜, 7.95㎜; 0-B was 7.46㎜, 7.87㎜.

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Significance Analysis of Facility Fires Though Spatial Econometrics Assessment (공간계량분석 방법에 따른 시설물 화재 발생 유의성 분석)

  • Seo, Min Song;Yoo, Hwan Hee
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.38 no.3
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    • pp.281-293
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    • 2020
  • Recently, large and small fires have been happening more often in Korea. Fire is one of the most frequent disasters along with traffic accidents in korean cities, and this frequency is closely related to the land use and the type of facilities. Therefore, in this study, the significance of fires was analyzed by considering land use, facility types, human and social factors and using 10 years of fire data in Jinju city. Based on this, OLS (Ordinary Least Square) regression analysis, SLM (Spatial Lag Model) and SEM (Spatial Error Model) using space weights, were compared and analyzed considering the location of the fire and each factor, then a statistical model with high suitability was presented. As a result, LISA analysis of spatial distribution patterns of fires in Jinju city was conducted, and it was proved that the frequency of fires was high in the order as follow, central commercial area, industrial area and residential area. Multiple regression analysis was performed by integrating demographic, social, and physical variables. Therefore, the three models were compared and analyzed by applying spatial weighting to the derived factors. As a result of the significance test, the spatial error model was analyzed to be the most significant. The facilities that have the highest correlation with fire occurrence were second type neighborhood facilities, followed by detached house, first type neighborhood facilities, number of households, and sales facilities. The results of this study are expected to be used as significant data to identify factors and manage fire safety in urban areas. Also, through the analysis of the standard deviation ellipsoid, the distribution characteristics of each facility in the residential area, industrial area, and central commercial area among the use areas were analyzed. In, the second type neighborhood facility with the highest fire risk was concentrated in the center. The results of these studies are expected to be used as useful data for identifying factors and managing fire safety in urban areas.

Studies on the Time Distribution of Heavy Storms (暴雨의 時間的 分布에 關한 硏究)

  • Lee, Keun-Hoo
    • Magazine of the Korean Society of Agricultural Engineers
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    • v.26 no.2
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    • pp.69-84
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    • 1984
  • This study was carried out to investigate the time distribution of single storms and to establish the model of storm patterns in korea. Rainfall recording charts collected from 42 metheorological stations covering the Korean peninsula were analyzed. A single storm was defined as a rain period seperated from preceding and succeeding rainfall by 6 hours and more. Among the defined single storms, 1199 storms exceeding total rainfall of 80 mm were qualified for the study. Storm patterns were cklassified by quartile classification method and the relationship between cummulative percent of rainfalls and cummulative storm time was established for each quartile storm group. Time distribution models for each stations were prepared through the various analytical and inferential procedures. Obtained results are summarized as follows: 1. The percentile frequency of quartile storms for the first to the fourth quartile were 22.0%, 26.5%, 28.9% and 22.6%, respectively. The large variation of percentile frequency was show between the same quartile storms. The advanced type storm pattern was predominant in the west coastal type storm patterns predominantly when compared to the single storms with small total rainfalls. 3. The single storms with long storm durations tended to show delayed type storm patterns predominantly when compared to the single storms with short storm durations. 4. The percentile time distribution of quartile storms for 42 rin gaging stations was estimated. Large variations were observed between the percentiles of time distributions of different stations. 5. No significant differences were generally found between the time distribution of rainfalls with greater total rainfall and with less total rainfall. This fact suggests that the size of the total rainfall of single storms was not the main factor affecting the time distribution of heavy storms. 6. Also, no significant difference were found between the time distribution of rainfalls with long duration and with short duration. The fact indicates that the storm duration was no the main factor affecting the time distribution of heavy storms. 7. In Korea, among all single storms, 39.0% show 80 to 100mm of total rainfall which stands for the mode of the frequency distribution of total rainfalls. The median value of rainfalls for all single storms from the 42 stations was 108mm. The shape of the frequency distribution of total rainfalls showed right skewed features. No significant differences were shown in the shape of distribution histograms for total rainfall of quartile storms. The mode of rainfalls for the advanced type quartile storms was 80~100mm and their frequencies were 39~43% for respective quartiles. For the delayed type quartile storms, the mode was 80~100mm and their frequencies were 36!38%. 8. In Korea, 29% of all single storms show 720 to 1080 minutes of storm durations which was the highest frequency in the frequency distribution of storm durations. The median of the storm duration for all single storms form 42 stations was 1026 minutes. The shape of the frequency distribution was right skewed feature. For the advanced type storms, the higher frequency of occurrence was shown by the single storms with short durations, whereas for the delayed type quartile storms, the higher frequency was shown gy the long duration single storms. 9. The total rainfall of single storms was positively correlated to storm durations in all the stations throughout the nation. This fact was also true for most of the quartile storms. 10. The third order polynomial regression models were established for estimating the time distribution of quartile storms at different stations. The model test by relative error method resulted good agreements between estimated and observed values with the relative error of less than 0.10 in average.

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Bankruptcy Type Prediction Using A Hybrid Artificial Neural Networks Model (하이브리드 인공신경망 모형을 이용한 부도 유형 예측)

  • Jo, Nam-ok;Kim, Hyun-jung;Shin, Kyung-shik
    • Journal of Intelligence and Information Systems
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    • v.21 no.3
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    • pp.79-99
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    • 2015
  • The prediction of bankruptcy has been extensively studied in the accounting and finance field. It can have an important impact on lending decisions and the profitability of financial institutions in terms of risk management. Many researchers have focused on constructing a more robust bankruptcy prediction model. Early studies primarily used statistical techniques such as multiple discriminant analysis (MDA) and logit analysis for bankruptcy prediction. However, many studies have demonstrated that artificial intelligence (AI) approaches, such as artificial neural networks (ANN), decision trees, case-based reasoning (CBR), and support vector machine (SVM), have been outperforming statistical techniques since 1990s for business classification problems because statistical methods have some rigid assumptions in their application. In previous studies on corporate bankruptcy, many researchers have focused on developing a bankruptcy prediction model using financial ratios. However, there are few studies that suggest the specific types of bankruptcy. Previous bankruptcy prediction models have generally been interested in predicting whether or not firms will become bankrupt. Most of the studies on bankruptcy types have focused on reviewing the previous literature or performing a case study. Thus, this study develops a model using data mining techniques for predicting the specific types of bankruptcy as well as the occurrence of bankruptcy in Korean small- and medium-sized construction firms in terms of profitability, stability, and activity index. Thus, firms will be able to prevent it from occurring in advance. We propose a hybrid approach using two artificial neural networks (ANNs) for the prediction of bankruptcy types. The first is a back-propagation neural network (BPN) model using supervised learning for bankruptcy prediction and the second is a self-organizing map (SOM) model using unsupervised learning to classify bankruptcy data into several types. Based on the constructed model, we predict the bankruptcy of companies by applying the BPN model to a validation set that was not utilized in the development of the model. This allows for identifying the specific types of bankruptcy by using bankruptcy data predicted by the BPN model. We calculated the average of selected input variables through statistical test for each cluster to interpret characteristics of the derived clusters in the SOM model. Each cluster represents bankruptcy type classified through data of bankruptcy firms, and input variables indicate financial ratios in interpreting the meaning of each cluster. The experimental result shows that each of five bankruptcy types has different characteristics according to financial ratios. Type 1 (severe bankruptcy) has inferior financial statements except for EBITDA (earnings before interest, taxes, depreciation, and amortization) to sales based on the clustering results. Type 2 (lack of stability) has a low quick ratio, low stockholder's equity to total assets, and high total borrowings to total assets. Type 3 (lack of activity) has a slightly low total asset turnover and fixed asset turnover. Type 4 (lack of profitability) has low retained earnings to total assets and EBITDA to sales which represent the indices of profitability. Type 5 (recoverable bankruptcy) includes firms that have a relatively good financial condition as compared to other bankruptcy types even though they are bankrupt. Based on the findings, researchers and practitioners engaged in the credit evaluation field can obtain more useful information about the types of corporate bankruptcy. In this paper, we utilized the financial ratios of firms to classify bankruptcy types. It is important to select the input variables that correctly predict bankruptcy and meaningfully classify the type of bankruptcy. In a further study, we will include non-financial factors such as size, industry, and age of the firms. Thus, we can obtain realistic clustering results for bankruptcy types by combining qualitative factors and reflecting the domain knowledge of experts.

Selective Word Embedding for Sentence Classification by Considering Information Gain and Word Similarity (문장 분류를 위한 정보 이득 및 유사도에 따른 단어 제거와 선택적 단어 임베딩 방안)

  • Lee, Min Seok;Yang, Seok Woo;Lee, Hong Joo
    • Journal of Intelligence and Information Systems
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    • v.25 no.4
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    • pp.105-122
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    • 2019
  • Dimensionality reduction is one of the methods to handle big data in text mining. For dimensionality reduction, we should consider the density of data, which has a significant influence on the performance of sentence classification. It requires lots of computations for data of higher dimensions. Eventually, it can cause lots of computational cost and overfitting in the model. Thus, the dimension reduction process is necessary to improve the performance of the model. Diverse methods have been proposed from only lessening the noise of data like misspelling or informal text to including semantic and syntactic information. On top of it, the expression and selection of the text features have impacts on the performance of the classifier for sentence classification, which is one of the fields of Natural Language Processing. The common goal of dimension reduction is to find latent space that is representative of raw data from observation space. Existing methods utilize various algorithms for dimensionality reduction, such as feature extraction and feature selection. In addition to these algorithms, word embeddings, learning low-dimensional vector space representations of words, that can capture semantic and syntactic information from data are also utilized. For improving performance, recent studies have suggested methods that the word dictionary is modified according to the positive and negative score of pre-defined words. The basic idea of this study is that similar words have similar vector representations. Once the feature selection algorithm selects the words that are not important, we thought the words that are similar to the selected words also have no impacts on sentence classification. This study proposes two ways to achieve more accurate classification that conduct selective word elimination under specific regulations and construct word embedding based on Word2Vec embedding. To select words having low importance from the text, we use information gain algorithm to measure the importance and cosine similarity to search for similar words. First, we eliminate words that have comparatively low information gain values from the raw text and form word embedding. Second, we select words additionally that are similar to the words that have a low level of information gain values and make word embedding. In the end, these filtered text and word embedding apply to the deep learning models; Convolutional Neural Network and Attention-Based Bidirectional LSTM. This study uses customer reviews on Kindle in Amazon.com, IMDB, and Yelp as datasets, and classify each data using the deep learning models. The reviews got more than five helpful votes, and the ratio of helpful votes was over 70% classified as helpful reviews. Also, Yelp only shows the number of helpful votes. We extracted 100,000 reviews which got more than five helpful votes using a random sampling method among 750,000 reviews. The minimal preprocessing was executed to each dataset, such as removing numbers and special characters from text data. To evaluate the proposed methods, we compared the performances of Word2Vec and GloVe word embeddings, which used all the words. We showed that one of the proposed methods is better than the embeddings with all the words. By removing unimportant words, we can get better performance. However, if we removed too many words, it showed that the performance was lowered. For future research, it is required to consider diverse ways of preprocessing and the in-depth analysis for the co-occurrence of words to measure similarity values among words. Also, we only applied the proposed method with Word2Vec. Other embedding methods such as GloVe, fastText, ELMo can be applied with the proposed methods, and it is possible to identify the possible combinations between word embedding methods and elimination methods.

A Study on Occupational Diseases of Fire Officials (소방공무원의 직무질환에 관한 연구)

  • Cho, Kwang-Rae
    • Korean Security Journal
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    • no.61
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    • pp.109-135
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    • 2019
  • The purpose of this study is to investigate the occupational diseases(the number of medical treatment) of fire officials by using time-series analysis. The results of the study are as follows. First, the average rates of the occupational diseases of fire officials were as follows: ① internal diseases were the highest at 9.24% in December, the lowest at 7.76% in February, ② otolaryngologic diseases were the highest at 9.29% in December, the lowest at 6.74% in August, ③ dermatological diseases were the highest at 10.03% in July, the lowest at 7.35% in January and February, ④ surgical diseases were the highest at 10.38% in November, the lowest at 5.62% in February, ⑤ orthopedic diseases were the highest at 9.69% in March, the lowest at 7.52% in November, ⑥ neurosurgical diseases were the highest at 9.33% in April, the lowest at 6.82% in February, ⑦ neurological diseases were the highest at 9.47% in December, the lowest at 7.06% in October, and ⑧ mental health diseases were the highest at 9.93% in December, the lowest at 6.51% in May. Second, the seasonal decomposition of the disease occurrence of fire officials were described by assigning seasonal factor(S), trend factor(T), circulation factor(C) and irregular factor(R): ① internal diseases were 1.075(S) × 189.355(T·C) × 1.174(R) = 238.975(F), ② otolaryngologic diseases were 1.023(S) × 69.605(T·C) × 1.040(R) = 74.000(F), ③ dermatological diseases were 1.002(S) × 73.088(T·C) × 0.874(R) = 64.000(F), ④ surgical diseases were 1.099(S) × 27.229(T·C) × 0.669(R) = 20.000(F), ⑤ orthopedic diseases were 1.115(S) × 73.182(T·C) × 1.213(R) = 99.000(F), ⑥ neurosurgical diseases were 0.993(S) × 27.836(T·C) × 1.303(R) = 36.000(F), ⑦ neurological diseases were 1.029(S) × 62.417(T·C) × 1.152(R) = 74.000(F), and ⑧ mental health diseases were 1.210(S) × 8.781(T·C) × 1.035(R) = 11.000(F).

Identification and Characterization of Three Isolates of Cucumber mosaic virus Isolated from Weed Hosts (잡초에서 분리한 3종 Cucumber mosaic virus의 동정과 특성)

  • Lee, Hyeok-Geun;Kim, Sung-Ryul;Jeon, Yong-Woon;Kwon, Soon-Bae;Ryu, Ki-Hyun;Choi, Jang-Kyung
    • Research in Plant Disease
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    • v.14 no.1
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    • pp.15-20
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    • 2008
  • Three isolates of Cucumber mosaic virus (CMV) were isolated from weed hosts showing typical mosaic symptoms, and some properties of the viruses were investigated. CMV isolates, designated as Is-CMV, Jd-CMV and Pla-CMV from Isodon inflexus, Jeffersonia dubia and Phryma leptostachya var. asiatica, respectively, were identified and characterized by biological reaction in several host plants, serological property, dsRNA analysis, reverse transcription-polymerase chain reaction (RT-PCR), restriction fragment-length polymorphism (RFLP). All isolates systemically infected in Nicotiana benthamiana, Cucurbita pepo cv. Black beauty and Cucumis sativus, and did not reveal any differences in these host plants between the isolates. However, remarkable difference in the symptoms was found between the CMVs in Capsicum annuum. Is-CMV induced an asymptomatic symptoms, while Jd-CMV and Pla-CMV produced severe mosaic symptoms in C. annuum plants. In dsRNA analysis, all isolates revealed four major bands with estimated molecular size of 3.4, 3.2, 2.1 and 1.0 kbp. The cDNAs of coat protein gene of the isolates were amplified by RT-PCR using a genus-specific single pair primers that designed to amplify a DNA fragment of approximately ranging from 938 to 966 bp. By restriction mapping analysis using RFLP of the RT-PCR products as well as by serological properties of gel diffusion test, the CMV isolates belong to a typical members of CMV subgroup IA. This is the first report on the occurrence of CMV in the three weed hosts.

Identification of Fatty Acids in the Pulp Oils of Jujube and Their Compsitional Changes in the Ripening Period (대추의 과육지질(果肉脂質)에 존재(存在)하는 지방산(脂肪酸)의 동정(同定)과 숙성(熟成)에 따른 그 조성(組成)의 변화(變化))

  • Woo, Hyo-Kyeng;Kim, Seong-Jin;Park, Sung-Hea;Joh, Yong-Goe
    • Journal of the Korean Applied Science and Technology
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    • v.18 no.1
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    • pp.67-77
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    • 2001
  • In search for several fatty acid with unusual structure in vegetable oils, we have found that unknown peaks were shown on GLC in the analysis of fatty acids of the lipids from the pulp of ripened jujube (Zizypus jujuba var. inermis) fruits. These fatty acids were identified as a series of cis-monoenoic acids with ${\omega}-5$ double bond system such as $C_{14:1{\omega}5}$, $C_{16:1{\omega}5}$ and $C_{18:1{\omega}5}$, including ${\omega}-7$ fatty acid as $C_{16:1{\omega}7}$ and $C_{18:1{\omega}7}$, by GLC, solid-phase extraction silver ion-column chromatographic, GLC-mass spectrometric and IR techniques. First of all, total fatty acid methyl esters were resolved into saturated and branched fatty acid, monoenoic acid, dienoic acid, and trienoic acid fraction, respectively, with 100% dichloromethane (DCM), DCM/acetone (9:1, v/v) 100% acetone, and acetone/ acetonitrile (97:3, v/v) solvent system. Unknown fatty acids were included in the monoenoic fraction and were confirmed to have cis-configuration by IR. Picolinyl esters of monoenoic fatty acids gave distinct molecular ion peak and dominant diagnostic peaks, for example, m/z 317, 220 and 260 fragment for $cis-C_{14:1{\omega}5}$, m/z 345, m/z 248 and 288 fragment for $cis-C_{16:1{\omega}5}$ and m/z 373, m/z 276 and 316 fragment for $cis-C_{18:1{\omega}5}$. In this way the occurrence of $cis-C_{16:1{\omega}7}$ and $cis-C_{18:1{\omega}7}$ could be deduced from the appearance of prominent fragments as m/z 345, 220 and 260, and m/z 373, 248 and 280. Level of total ${\omega}-5$ fatty acids amounted to about 30% in the fatty acid composition with the predominance of $C_{16:1{\omega}5}$ $ (18.7{\sim}25.0%)$, in the semi-ripened and/or ripened samples collected in September 14 ($C_{16:1{\omega}5}$ ; 18.7%, $C_{14:1{\omega}5}$ ; 3.6% and $C_{18:1{\omega}5}$ ; 3.0%), September 22 ($C_{16:1{\omega}5}$ ; 25.0%, $C_{14:1{\omega}5}$ ; 1.4% and $C_{18:1{\omega}5}$ ; 2.6%), and October $7 (C_{16:1{\omega}5}$ ; 24.7%, $C_{14:1{\omega}5}$ ; 7.7% and $C_{18:1{\omega}5}$ ; 2.5%). However, the lipids extracted from unripened jujube in July and August contain these unusual fatty acids as low as negligible. It could be observed that the level of ${\omega}-5$ fatty acids in the pulps increased sharply with an elapse of ripening time of jujube fruits. Other monoenoic fatty acids with ${\omega}-7$ series, $C_{16:1{\omega}7}$ (palmitoleic acid) and $C_{18:1{\omega}7}$ (cis-vaccenic acid) could be detected. And in the lipids of the kernel and leaf of jujube, none of ${\omega}-5$ fatty acids could be detected.

Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.