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Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.117-149
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    • 2015
  • On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

Evaluation of Hydrate Inhibition Performance of Water-soluble Polymers using Torque Measurement and Differential Scanning Calorimeter (토크 측정과 시차주사열량계를 이용한 수용성 고분자 화합물의 하이드레이트 저해 성능 평가)

  • Shin, Kyuchul;Park, Juwoon;Kim, Jakyung;Kim, Hyunho;Lee, Yohan;Seo, Yongwon;Seo, Yutaek
    • Korean Chemical Engineering Research
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    • v.52 no.6
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    • pp.814-820
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    • 2014
  • In this work, hydrate inhibition performance of water-soluble polymers including pyrrolidone, caprolactam, acrylamide types were evaluated using torque measurement and high pressure differential scanning calorimeter (HP ${\mu}$-DSC). The obtained experimental results suggest that the studied polymers represent the kinetic hydrate inhibition (KHI) performance. 0.5 wt% polyvinylcaprolactam (PVCap) solution shows the hydrate onset time of 34.4 min and subcooling temperature of 15.9 K, which is better KHI performance than that of pure water - hydrate onset time of 12.3 min and subcooling temperature of 6.0 K. 0.5 wt% polyvinylpyrrolidone (PVP) solution shows the hydrate onset time of 27.6 min and the subcooling temperature of 13.2 K while polyacrylamide-co-acrylic acid partial sodium salt (PAM-co-AA) solution shows less KHI performance than PVP solution at both 0.5 and 5.0 wt%. However, PAM-co-AA solution shows slow growth rate and low hydrate amount than PVCap. In addition to hydrate onset and growth condition, torque change with time was investigated as one of KHI evaluation methods. 0.5 wt% PVCap solution shows the lowest average torque of 6.4 N cm and 0.5 wt% PAM-co-AA solution shows the average torque of 7.2 N cm. For 0.5 wt% PVP solution, it increases 11.5 N cm and 5.0 wt% PAM-co-AA solution shows the maximum average torque of 13.4 N cm, which is similar to the average torque of pure water, 15.2 N cm. Judging from the experimental results obtained by both an autoclave and a HP ${\mu}$-DSC, the PVCap solution shows the best performance among the KHIs in terms of delaying hydrate nucleation. From these results, it can be concluded that the torque change with time is useful to identify the flow ability of tested solution, and the further research on the inhibition of hydrate formation can be approached in various aspects using a HP ${\mu}$-DSC.

Trends and Prospects of N. Korea Military Provocations After the Sinking of ROKS Cheon-an (천안함 폭침 이후 북한의 군사도발 양상과 전망)

  • Kim, Sung-Man
    • Strategy21
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    • s.34
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    • pp.58-92
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    • 2014
  • Even after S. Korea took 5.24 Measure(24 May 2014), N. Korea has not stopped raising provocations such as the shelling of Yeonpyeong Island, electronic and cyber attacks. To make matters worse, the communist country lunched long-range missiles(twice) and conducted 3rd nuclear test, escalating tensions which could possibly lead to an all-out war. Korean Government failed to respond properly. However, escalation into an all-out war was deterred by the CFC immediately carrying out its peacetime duty(CODA). The US made a rapid dispatch of its augmentation forces(Aircraft carrier, nuclear-powered submarine, strategic bomber, F-22) to the Korean Peninsula. In recognition of the importance of the Combined Forces Command, since May 2013 the Park Geun-Hye Administration has been pushing ahead with re-postponement of Wartime Operational Control Transfer(which initially meant the disassembling of the CFC as of 1 December 2015) More recently, there has been a series of unusual indicators from the North. Judging from its inventory of 20 nuclear weapons, 1,000 ballistic missiles and biochemical weapons, it is safe to say that N. Korea has gained at least war deterrence against S. Korea. Normally a nation with nuclear weapons shrink its size of conventional forces, but the North is pursuing the opposite, rather increasing them. In addition, there was a change of war plan by N. Korea in 2010, changing 'Conquering the Korean Peninsula' to 'Negotiation after the seizure of the Greater Seoul Metropolitan Area(GSMA)' and establishing detailed plans for wartime projects. The change reflects the chain reaction in which requests from pro-north groups within the South will lead to the proclamation of war. Kim, Jeong-Un, leader of N. Korean regime, sent threatening messages using words such as 'exercising a nuclear preemptive strike right' and 'burning of Seoul'. Nam, Jae-June, Director of National Intelligence Service, stated that Kim, Jung-Un is throwing big talks, saying communization of the entire Korean Peninsula will come within the time frame of 3 years. Kim, Gwan-Jin, Defense Minister, shared an alarming message that there is a high possibility that the North will raise local provocations or a full-fledged war whenever while putting much emphasis on defense posture. As for the response concept of the Korean Government, it has been decided that 'ROK·US Combined Local Provocation Counter-Measure' will be adopted to act against local provocations from the North. Major provocation types include ▲ violation of the Northern Limit Line(NLL) with mobilization of military ships ▲ artillery provocations on Northwestern Islands ▲ low altitude airborne intrusion ▲ rear infiltration of SOF ▲ local conflicts within the Military Demarcation Line(MDL) ▲ attacking friendly ships by submarines. Counter-measures currently established by the US involves the support from USFK and USFJ. In order to keep the sworn promise, the US is reinforcing both USFK and USFJ. An all-out war situation will be met by 'CFC OPLAN5027' and 'Tailored Expansion Deterrence Forces' with the CFC playing a central role. The US augmentation forces stands at 690,000 troops, some 160 ships, 2,000 aircraft and this comprise 50% of US total forces, which is estimated to be ninefold of Korean forces. The CFC needs to be in center in handling both local provocations and an all-out war situation. However, the combat power of S. Korean conventional forces is approximately around 80% of that of N. Korea, which has been confirmed from comments made by Kim, Gwan-Jin, Defense Minister, during an interpellation session at the National Assembly. This means that S. Korean forces are not much growing. In particular, asymmetric capabilities of the North is posing a serious threat to the South including WMD, cyber warfare forces, SOF, forces targeting 5 Northwestern Islands, sub-surface and amphibious assault forces. The presence of such threats urgently requires immediate complementary efforts. For complementary efforts, the Korean Government should consider ① reinforcement of Korean forces; putting a stoppage to shrinking military, acquisition of adequate defense budget, building a missile defense and military leadership structure validity review, ② implementation of military tasks against the North; disciplinary measures on the sinking of ROKS Cheon-an/shelling of Yeonpyeong Islands, arrangement of inter-Korean military agreements, drawing lessons from studies on the correlation between aid for N. Korea, execution of inter-Korean Summit and provocations from the North, and ③ bolstering the ROK·US alliance; disregarding wartime operational control transfer plan(disassembling of CFC) and creation of a combined division.

Moult Patterns of Tail Feathers of Immature Steller's Sea Eagle(Haliaeetus pelagicus)raised in Captivity (사육상태에서 참수리(Haliaeetus pelagicus) 미성조 꼬리깃의 깃갈이 방식)

  • Kang, Seung-Gu;Lee, In-Sup
    • Korean Journal of Environment and Ecology
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    • v.22 no.4
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    • pp.435-441
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    • 2008
  • This study conducted a survey on the moulting sequence subsequent to age of Haliaeetus pelagicus raised in captivity at the Ornithology Laboratory attached to Kyungsung University for about six years from November, 2000 until July, 2006. The survey indicated that the moult of rectrices usually began in July and continued until April of the next year and most of the rectrices were replaced by one-time moult. Usually, about two thirds of the tail feathers were replaced while the rest were replaced no later than April of the next year, and the moult also continued during the wintertime. The total number of rectrices was 14, and the moult progressed alternately on a systematic basis. The progress of the moult for female & male was made on four stages and three stages respectively and the characteristic shown on every stage of the moult was that the left & right tail feathers progressed symmetrically and not until one stage of progress almost completed did the next stage began. The color of the juvenile steller's sea-eagle was dotted with black spots on its original white color and there existed regular black belt on its feather's fringes; however, it was difficult to identify its age by tail feathers only because there was almost no difference in color between feathers ranging from the first to the third generation(1st-3rd summer feathers). In addition, this research took the different amounts of black-speckled pattern appearing by individual into consideration. There existed slight black speckles in white color feathers of the fourth generation(the 4th summer feathers) while showing a big difference compared to the 3rd generation feathers. The 5th generation feathers[the 5th summer feathers]were found to be equipped with perfect tail feathers having virgin white of a steller's sea-eagle after completing its 4th molt. When observing a steller's sea-eagle in the open air, it is necessary for an observer to have a deliberate examination in judging its age belonging to the 1st-3rd generation feathers, and it is considered that the changes of other parts of feathers should be also observed besides tail feathers.

Reproductive Ecology of the Silver Pomfret Pampus argenteus on the West Coast of Korea (한국 서해산 병어, Pampus argenteus의 번식생태)

  • Chung, Ee-Yung;Bae, Joo-Seung;Kang, Hee-Woong;Lee, Hwang-Bok;Lee, Ki-Young
    • Development and Reproduction
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    • v.12 no.2
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    • pp.169-181
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    • 2008
  • Reproductive ecology of the silver pomfret, Pampus argenteus were investigated by histological observations and morphometric data. Samples were collected by the stow net at the coastal area of Jaun-Do, Muan-gun, Korea, from January to December, 2006. P. argenteus is dioecious, the ovary is composed of many ovarian lobules, showing a pair of saccular structure, and the testis is composed of many seminiferous lobules, showing a pair of lobular structure. From February (growing stage) to September (after spawning), monthly changes in the gonadosomatic index, hepatosomatic index, and condition factor in females and males showed similar patterns with the gonad developmental phases. Judging from the results of their indice, it is assumed that spawning in females and males occur from May to July. The reproductive cycle can be classified into five successive stages in females: early growing stage (February to March), late growing stage (March to April), mature stage (March to July), ripe and spent stage (May to July), and recovery and resting stage (July to February); in males, the cycle can be divided into four successive stages: growing stage (February to April), mature stage (March to June), ripe and spent stage (May to July), and recovery and resting stage (July to February). According to the frequency distributions of egg diameters in the breeding season, P. argenteus is presumed to be spring-summer spawning species and polycyclic species to spawn 2 times or more during one spawning season. Number of total eggs in absolute fecundity were proportional to body length and body weight, respectively. Number of total eggs in absolute fecundity per body weight were also proportional to the body length, but if the increase of body weight considerably increased, rather total eggs in relative fecundity decreased with the increase of body weight. Percentage of first sexual maturity of P. argenteus were over 50% in females and males of 12.1 to 15.0 cm in body length, and 100% for fishes over 18.1 cm in length. Therefore, both sexes were regarded to be sexually mature at one year of age.

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Rearing Density of a Flounder, Paralichthys olivaceus Juveniles in a Closed Recirculating Sea Water System - Possibility of High-density Rearing - (폐쇄순환여과시스템에서의 넙치, Paralichthys olivaceus 치어의 사육밀도 - 고밀도사육의 가능성 -)

  • CHANG Young Jin;YOO Sung Kyoo
    • Journal of Aquaculture
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    • v.1 no.1
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    • pp.13-24
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    • 1988
  • In order to investigate a reasonable rearing density and the possibility of high-density rearing, flounder, Paralichthys olivaceus, juveniles of 2.53$\pm$0.24 cm in total length and 1.12$\pm$0.12 cm in body height were used in this study. The initial rearing density of them was 10 (D10), 20 (D20), 30 (D30) and 40 (D40) individuals per 137.75 $cm^2$ of bottom area, respectively. Ranges of water temperature and specific gravity during the rearing period of 65 days were $21.0\~27.0^{\circ}C$ and 1.024$\~$1.026, respectively, showing relatively higher values than that of natural sea water. Dissolved oxygen during the rearing period was 5.4$\~$7.5 ml/$\iota$ and inorganic nitrate was 0.07$\~$0.48 ppm in $NH_4^+-N$, 0.006$\~$0.33 ppm in $NO_2^{-}-N$ and 3.89$\~$34.06 ppm in $NO_3^{-}-N$. Growth in total length and body height of the juveniles in four rearing density at the end of the experiment was 8.17$\pm$0.80 em and 4.16$\pm$0.39 em, the highest in D20 and 7.72$\pm$0.40 cm and 3.94$\pm$0.21 cm, the lowest in D10. Significant differences, however, were not recognized between the slope values of growth regressions in four rearing density. Slope values of the relative growth between total length and body height of the juveniles in four rearing density were 0.5346, the highest in D10 and 0.5165, the lowest in D30, but there were no significant differences in those values. Survival rate of juveniles at the end of the experiment was $90\%$ in D10, D20 and D30, but that of D40 was $75\%$. The relationship between total length X body height (X) and body surface area of ocular side (Y) to calculate the rate of Y to bottom area in rearing tank (covering rate) as an indicator of rearing density was expressed by a linear regression, Y=0.5994X+0.1840. Covering rate in four rearing density at the end of the experiment was ranged 1.2$\~$4.1 times. Judging from the covering rate above 4 times, it seems to be possible rearing the flounder juveniles in high-density.

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The influences of individual personality types on ERP system's acceptance: a preliminary test (개인의 성격유형이 ERP수용에 미치는 영향에 관한 탐색적 연구)

  • Kim, Hyun-Sang;Lee, Jang-Hyung
    • Journal of Korea Society of Industrial Information Systems
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    • v.11 no.4
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    • pp.47-65
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    • 2006
  • The application of the ERP system is becoming more common to the businesses since a firm needs to reinforce positive competitiveness and to maintain competitive advantage. The ERP system is an enterprise integration solution that converts the whole business processes through information technology. Extant research provides plenty of results about the success factors of the ERP system; however, most of the researches focus on the exterior factors such as techniques rather than on the influences that a firm's employees' individual personality has in accepting the information technology of the ERP system. The objective of this study is to investigate the role of the employees' individual personality as a factor that makes the ERP system a success. The surveys--composed of the extent of information technology acceptance about the personality type of MBTI (Myers-Briggs type indicator) and the ERP system--were given to the companies applying the ERP system The personality type of MBTI is measured by 4 types of Myers, and Davis's TAM (technology acceptance model) is used for the information technology acceptance. The results of this study are summarized as follows. First the extraversion and the judging in the personality types of MBTI have a significant influence on the information technology acceptance of the ERP system. However, the thinking and the feeling in the personality types of MBTI were analyzed to not have a critical affect on the ERP system acceptance. Second as verified in the extant research the information technology acceptance verification related to the ERP system has a significant influence on perceived ease of use, perceived usefulness, behavioral intention and actual usage of the ERP system. The results of this study can be used for a successful application of the ERP system as follows. First it offers foundation of perception that the type of the individual personality is a significant key figure for the successful use of the ERP system. Second it provides a basis for the knowledge of combining the model of information technology acceptance and the psychological factors.

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Effect of Temperature and Relative Humidity on the Storage Stability of Boiled- Dried Anchovy (건멸치의 저장 안정성에 미치는 온도 및 습도의 영향)

  • Jo, Kil-Suk;Kim, Young-Myoung
    • Korean Journal of Food Science and Technology
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    • v.19 no.3
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    • pp.188-194
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    • 1987
  • Changes in some qualities of boiled-dried anchovy during storage at $-18^{\circ}C$, $-3^{\circ}C$, $5^{\circ}C$, $10^{\circ}C$ and room temperature for 12 months were studied. The monolayer moisture contents were 8.12% and 5.88% at $5^{\circ}C$ and $25^{\circ}C$, respectively. Volatile basic nitrogen (VBN) content was found to be higher at $5^{\circ}C$ and $-3^{\circ}C$ than those values at $10^{\circ}C$, $-18^{\circ}C$ and room temperature. Lipid oxidative browing and Hunter color values of L, a and b were remarkably developed with increase of storage temperature. Judging from organoleptic evaluation boiled-dried anchovy could be preserved in acceptable condition for $4{\sim}6\;months$ at room temperature, $5{\sim}8\;months$ at $10^{\circ}C$, $8{\sim}10\;months$ at $5^{\circ}C$ and 12 months at 7 below $-3^{\circ}C$. During storage at room temperature for 5 months after 7 months storage at $5^{\circ}C$ and $-18^{\circ}C$. VBN concept was increased by 1.03 and 1.38. browning rate by 1.03 and 2.15, and a and b values by $1.21{\sim}1.60 $and $1.02{\sim}2.80$ times in comparison with the basic room temperature, respectively.

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Repair of Complete Atrioventricular Septal Defect with Surgical Modification (변형술식에 의한 완전방실중격결손의 교정)

  • 김웅한;김수철;이택연;한미영;정철현;박영관;김종환
    • Journal of Chest Surgery
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    • v.32 no.7
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    • pp.628-636
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    • 1999
  • Background: Recent advances in understanding the anatomy of the complete atrioventricular septal defect(including right-dominant unbalanced atrioventricular septal defect) have led to alternative methods of repairing these defects. Material and Method: From May 1997 to July 1998, 8 consecutive infants(age range, 2 to 28 months, mean body weight 6.0$\pm$2.2 kg) received a single-stage intracardiac repair of the complete atrioventricular septal defect with modified surgical methods. Depending on the specific anatomic structure, the procedure was simplified in 3 patients by a direct closure of the ventricular element of the defect(Group I). Two patients judged unsuitable for direct closure due to a potential left ventricular outflow tract obstruction had received a standard two-patch repair(Group II). The remaining 3 patients with right-dominant unbalanced complete atrioventricular septal defect underwent biventricular repair; to enlarge the orifice of the left atrioventricular valve, the ventricular septal patch was placed slightly more to the right of the ventricular crest, a left sided bridging leaflet was augmented with an autologous pericardial patch, and the leaflet was repaired with a double- orifice(Group III . Result: In all 8 patients, the postoperative echocardiography demonstrated good hemodynamics. Seven patients were weaned from the ventilators after a mean 3$\pm$1 days, and 1 patient was weaned after 24 days due to a reoperation and emphysematous lung problem. A reoperation was performed in 1 patient for progressive left atrioventricular valve regurgitation due to leaflet tearing. There were no early and late mortalities. At the time of the latest review, judging from the echocardiographic criteria, left atrioventricular valve stenosis was mild in 1 patient(mean pressure gradient 6.5 mmHg, 13.5%), left atrioventricular valve regurgitation was absent or grade I in 7 patients(87.5%). The right atrioventricular valve regurgitation was absent or grade I in all 8 patients(100%). Conclusion: Infants with complete atrioventricular septal defect were treated with either a simplified approach with direct closure of the ventricular element of the defect or a modified surgical technique for a right-dominant unbalanced atrioventricular septal defect, depending on the anatomic structure. The results were no operative mortalities and low morbidity.

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Development of the Bitterling, Acanthorhodus asmussi (Cyprinidae) with Note on Minute Tubercles on the Skin Surface (큰납지리의 난발생(卵發生)과 자어(仔魚)의 발육(發育) 및 자어(仔魚)의 표피상돌기(表皮上突起))

  • Suzuki, Nobuhiro;Jeon, Sang-Rin
    • Korean Journal of Ichthyology
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    • v.1 no.1_2
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    • pp.73-82
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    • 1989
  • The development of eggs and larvae, and minute scale-like tubercles on the skin surface of the larval Acanthorthodeus asmussi from Korea were observed in the laboratory. The egg was nearly ovoid-shaped. The number of egg averaged 195 per an oviposition. The morphological character of larval development was relatively similar to those of Acheilognathus tabira tabira, A. tabira subsp. (a), A. yamatsutae, A. moriokae, A. cyanostigma and A. rhombeus. The larvae of this species had many scale-like tubercles ellipsoided in a diagonal cross section on the skin surface of the body. And also this species moved like incessant wiggly movement pattern as that of fly maggot duing the larval development. As regards the tubercles and larval movement pattern, the larvae of A. asmussi shared similar characters with those of Acheilognathus rhombeus, A. longipinnis and Pseudoperilampus typos. Hence A. asmussi may be closely related to these species. The latter three species are autumn-spawning bitterlings and the larval development always retard in a certain stage, while A. asmussi is a spring-summer spawning species and the larval development never retards. Judging from these facts, it should be considered that there are close relations in evolutionary trend between the two spawning species.

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