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Changes of International Aviation Regimes (국제항공 레짐의 변화)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.55-89
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    • 2003
  • What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

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Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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Foodservice Operational System and Satisfaction of Customers with Foodservice at Youth Facilities (청소년수련시설 급식소의 운영실태 및 이용자의 급식만족도)

  • Lee, Hyun Ju;Lee, Young Eun;Park, Eun Hye
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.44 no.9
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    • pp.1374-1387
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    • 2015
  • The purpose of this paper was to investigate the operational status of youth facilities as well as the degree of students' satisfaction with menus served at youth facilities. The survey was conducted from July 9 to July 31, 2013 using questionnaires. The responses of 55 youth facilities and 249 students who had experienced foodservice at youth facilities were analyzed, utilizing the SPSS V20.0 program. The results on management status of youth facilities were as follows: 41.8% of youth facilities were operated for over 10 years, and 45.5% of facilities served meals for 100 to 200 students per day on average. Meal costs were 4,450 won on average, and food costs accounted for 46.8% of average meal costs. Exactly 78.2% of facilities preserved storage type meals at a temperature under -18 degrees Celsius for more than 144 hours, as the 'Food Sanitation Act' stated. Exactly 12.7% of facilities did not hire professional dietitians and had unsupervised foodservice management. Among 19 kitchen equipments surveyed in this research, Combi steamer was the least frequent at youth facilities. According to the results, most students (38.7%) ate leftovers since the food was not tasty. Overall foodservice satisfaction was on average 3.45 points, and the four factors 'dining room sanitation' (P<0.05), 'food taste' (P<0.01), 'serving various desserts' (P<0.01) and 'temperature of dining room' (P<0.05), significantly affected overall satisfaction. As food taste was critical for customer satisfaction, it is important for each dietitian to consider customers' preferences and develop recipes and menus. Further, detailed regulation and precise guidelines for youth facility foodservice are required to enhance students' foodservice satisfaction and serve nutritionally balanced menus in a hygienic manner.

The relationship between students' perceptions and practicability of the "Me and My Family Relations" unit and Family strength among middle school students (나와 가족관계' 단원에 대한 중학생의 긍정적 인식, 실천성 인식과 가족건강성)

  • Cho, Byung-Eun;Jung, Sun-Hee
    • Journal of Korean Home Economics Education Association
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    • v.19 no.1 s.43
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    • pp.99-114
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    • 2007
  • This study aims at investigating how middle school students perceive the content of the 'Me and My Family Relations' unit in the technology and home economics textbook, act on such perceptions and how this connects with their healthy family relations. In addition, the study also points at inquiring into what kind of differences and mutual influences can be found in the above-mentioned three factors according to family environment. With this objective. this research has analyzed survey data conducted on 401 7th grade middle school students residing in Incheon Greater city, collected by the random sampling method. The findings are as follow: First, the students were found to have positive perceptions on the 'family relations and communication' unit in the technology and home economics text book. However. they were also found to perceive that the content was not as realizable in their everyday family lives. Second, the number of students who perceived their family lives to be healthy was found to be quite high. The students perceived their family lives to be healthy projecting from such aspects as the degree of gratification and affection, extent of family bonding, communication patterns, and problem solving abilities, in the same order. In addition, the higher the families' socio-economic level, and in the cases that the students had working mothers and the fathers held higher degrees, the degree to which the families were perceived to be healthy was higher. Third, in investigating the influence that such factors as the students' family environment, the degree that students perceived the text book content positively, and the degree that the students perceive the content to be realizable have on healthy family relations, among these factors, the students' perceived degree of how healthy their family relations are had the most bearing over the above-mentioned factors. The second influential factor on how healthy family relations are was the family's affectional environment, found to be more influential than such factors as family type, the mother's employment status, living standards, and the parents' educational level. On the other hand, the perceived level of realizability was found to have a lower influence on the students' family relations than the perceived positivity.

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New Synthesis of Sestamibi and Comparison of Stability of Its Formulation (Sestamibi의 신규합성과 제제화에 따른 안정성 비교)

  • Son, Mi-Won;Lim, Joong-In;Chang, Young-Soo;Jung, Mi-Young;Jeong, Lak-Shin;Kim, Soon-Hoe;Kim, Won-Bae;Jeong, Jae-Min
    • The Korean Journal of Nuclear Medicine
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    • v.35 no.5
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    • pp.334-341
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    • 2001
  • Purpose: Ascorbic acid us known to act as an antioxidant. Therefore, it can be used in increasing the efficiency of radiochemical labeling of Technetium-99m setamibi by inhibition of oxidation of $Sn^{2+}$ at low concentration. We intended to estimate the efficiency of radiochemical labeling and the stability of the newly formed formulation when ascorbic acid was added to a commercial kit. Materials and Methods: Synthesis of sestamibi was performed according to Dong-A's patent procedure (No.10-2001-0012877). First, we undertook a study to evaluate the efficiency of radiochemical labeling of sestamibi containing ascorbic acid. The stability of the vials was assessed using either $7.5{\mu}g\;or\;75{\mu}g$ of ascorbic acid, added to commercial vials under the accelerated condition(Temp : $40^{\circ}C{\pm}2^{\circ}C$, Relative humidity : $75{\pm}5%$). Results: Sestamibi was synthesized in overall 35-40% yield over 5 steps from a commercially available methallyl chloride as a starling material. When ascorbic acid was added, the efficiency of radiochemical labeling was maintained compared to the vial with no ascorbic acid. The accelerated test showed that the addition of ascorbic acid inhibited the oxidation of $Sn^{2+}$ ion by antioxidation mechanism. Also, the efficiency of radiochemical labeling of this vial after 9 months was nearly the same as the starting point. Therefore, the storage period of the kit is likely to be extended. Taken together, it suggests that the addition of ascorbic acid as a stabilizer is desirable. Conclusion: To increase the stability of a sestamibi cold kit, it is desirable to add ascorbic acid as a stabilizer to the commercial formulation.

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Future Direction of National Health Insurance (국민건강보험 발전방향)

  • Park, Eun-Cheol
    • Health Policy and Management
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    • v.27 no.4
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    • pp.273-275
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    • 2017
  • It has been forty years since the implementation of National Health Insurance (NHI) in South Korea. Following the 1977 legislature mandating medical insurance for employees and dependents in firms with more than 500 employees, South Korea expanded its health insurance to urban residents in 1989. Resultantly, total expenses of the National Health Insurance Service (NHIS) have greatly increased from 4.5 billion won in 1977 to 50.89 trillion won in 2016. With multiple insurers merging into the NHI system in 2000, a single-payer healthcare system emerged, along with separation policy of prescribing and dispensing. Following such reform, an emerging financial crisis required injections from the National Health Promotion Fund. Forty years following the introduction of the NHI system, both praise and criticism have been drawn. In just 12 years, the NHI achieved the fastest health population coverage in the world. Current medical expenditure is not high relative to the rest of the Organization for Economic Cooperation and Development. The quality of acute care in Korea is one of the best in the world. There is no sign of delayed diagnosis and/or treatment for most diseases. However, the NHI has been under-insured, requiring high-levels of out-of-pocket money from patients and often causing catastrophic medical expenses. Furthermore, the current environmental circumstances of the NHI are threatening its sustainability. Low birth rate decline, as well as slow economic growth, will make sustainment of the current healthcare system difficult in the near future. An aging population will increase the amount of medical expenditure required, especially with the baby-boomer generation of those born between 1955 and 1965. Meanwhile, there is always the problem of unification for the Korean Peninsula, and what role the health insurance system will have to play when it occurs. In the presidential election, health insurance is a main issue; however, there is greater focus on expansion and expenditure than revenue. Many aspects of Korea's NHI system (1977) were modeled after the German (1883) and Japanese (1922) systems. Such systems were created during an era where infections disease control was most urgent and thus, in the current non-communicable disease (NCD) era, must be redesigned. The Korean system, which is already forty years old, must be redesigned completely. Although health insurance benefit expansion is necessary, financial measures, as well as moral hazard control measures, must also be considered. Ultimately, there are three aspects that we must consider when attempting redesign of the system. First, the health security system must be reformed. NHI and Medical Aid must be amalgamated into one system for increased effectiveness and efficiency of the system. Within the single insurer system of the NHI must be an internal market for maximum efficiency. The NHIS must be separated into regions so that regional organizers have greater responsibility over their actions. Although insurance must continue to be imposed nationally, risk-adjustment must be distributed regionally and assessed by different regional systems. Second, as a solution for the decreasing flow of insurance revenue, low premium level must be increased to an appropriate level. Likewise, the national reserve fund (No. 36, National Health Insurance Act) must be enlarged for re-unification preparation. Third, there must be revolutionary reform of benefit package. The current system built a focus on communicable diseases which is inappropriate in this NCD era. Medical benefits must not be one-time events but provide chronic disease management. Chronic care models, accountable care organization, patient-centered medical homes, and other systems that introduce various benefit packages for beneficiaries must be implemented. The reimbursement system of medical costs should be introduced to various systems for different types of care, as is the case with part C (Medicare Advantage Program) of America's Medicare system that substitutes part A and part B. Pay for performance must be expanded so that there is not only improvement in quality of care but also medical costs. Moreover, beneficiaries of the NHI system must be aware of the amount of their expenditure through a deductible payment system so that spending can be profiled and monitored. The Moon Jae-in Government has announced its plans to expand the NHI system; however, it is important that a discussion forum is created so that more accurate analysis of the NHI, its environments, and current status of health care system, can take place for reforming NHI.

Recent Developments in Law of International Electronic Information Transactions (국제전자정보거래(國際電子情報去來)에 관한 입법동향(立法動向))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.155-219
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    • 2004
  • This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

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Processing of anchovy based powder for instant soup packed in tea bag and the taste compound of its extractives (Tea bag 포장한 멸치 복합 분말의 가공 및 그 추출물의 정미성분)

  • Lee, Ho-Yeon;Chung, Bu-Gil;Lee, Jung-Suck;Kim, Poong-Ho;Kim, Jin-Soo;Lee, Eung-Ho
    • Applied Biological Chemistry
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    • v.36 no.4
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    • pp.271-276
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    • 1993
  • This study was carried out to prepare anchovy based powder for instant soup packed in tea bag which can be used handily as a extractives, and to determine the taste compounds of extractives of anchovy based powder for instant soup. The anchovy based powder for instant soup was made by adding of 72% in the redried anchovy, 14% in the sea tangle, 7% in the mushroom and 7% in the katsuobushi to the total mixtures. And the anchovy based powder for instant soup was packed in tea bag. The desirable extraction time are 5 min in package in tea bag with air permeability $100\;m^3/m^2/min$ and over 20 min in package in tea bag with air permeability $65\;m^3/m^2/min$, respectively. Judging from the result of extraction rate of total nitrogen, color and sensory evaluation in extractives of anchovy based powder for instant soup extracted by optimal extraction time, the quality in extractives of instant soup packed in tea bag with air permeability $100\;m^3/m^2/min$ was superior to those of instant soup unpacked in tea bag and of instant soup packed in tea bag of air permeability $65\;m^3/m^2/min$. The principal taste compounds of extractives of anchovy based powder for instant soup packed in tea bag with air permeability $100\;m^3/m^2/min$ were IMP (9.26 mg/100ml in 5% solution) and free amino acids (24.30 mg/100 ml in 5% solution) such as histidine, proline, lysine and taurine. Total creatinine, betaine and TMAO were seemed to act an auxiliary role in taste of extracives of anchovy based powder for instant soup packed in tea bag with air permeability $100\;m^3/m^2/min$.

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The Role of Cyclooxygenase Metabolites in the Pathogenetic Mechanism of Endotoxin-Induced Acute Lung Injury in Domestic Pigs (내독소에 의한 돼지의 급성 폐손상에서 Cyclooxygenase 대사물의 역할에 관한 연구)

  • Yoo, Chul-Gyu;Jeong, Ki-Ho;Choi, Hyung-Seok;Lee, Hyuk-Pyo;Kim, Young-Whan;Han, Sung-Koo;Shim, Young-Soo;Kim, Keun-Youl;Han, Yong-Chol
    • Tuberculosis and Respiratory Diseases
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    • v.39 no.1
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    • pp.42-54
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    • 1992
  • Background:It has been suggested that the cyclooxygenase metabolites play an important role in changes of early hemodynamic parameters in the endotoxin-induced acute lung injury. But there have been many debates about their role in the late increase of alveolar-capillary permeability, and it is not known whether they act directly or indirectly through oxygen free radicals which have been known to be produced during the metabolic process of cyclooxygenase pathway. So we performed this study to identify the pathogenetic role of cyclooxygenase metabolites in the endotoxin-induced acute lung injury in domestic pigs. Method: We infused endotoxin into 8 domestic pigs; endotoxin only (n=3), and pretreatment with indomethacin (n=5). We observed the sequential changes in hemodynamic parameters, the concentration of plasma oxidized glutathione (GSSG) in pulmonary arterial and venous blood, and albumin content in bronchoalveolar lavage fluid (BALF). Results: 1) While cardiac output decreased, mean pulmonary arterial pressure, pulmonary vascular resistance, and alveolar-arterial oxygen difference increased over phase 1 (0-2hr) and phase 2 (2-4.5hr) by endotoxin, indomethacin attenuated the decrease in cardiac output during phase 1 and increase in mean pulmonary arterial pressure, pulmonary vascular resistance, and alveolar-arterial oxygen difference during both phases. 2) The increase in plasma GSSG content during phase 2 was not attenuated by indomethacin. 3) The content of BALF albumin was significantly lower in indomethacin groups than that of endotoxin group. Conclusion: These results suggest that it is likely that cyclooxygenase metabolites have an effect on endotoxin-induced acute lung injury during both phases probably through direct action.

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Keeping Quality and Taste Compounds in the Extracts from Rapid Fermented Anchovy Sauce (속성 멸치간장 엑기스분의 저장 안정성 및 정미성분)

  • Lee, Eung-Ho;Ahn, Chang-Bum;Kim, Jin-Soo;Lee, Kang-Hee;Kim, Myung-Chan;Chung, Bu-Kil;Park, Hee-Yeol
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.18 no.2
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    • pp.131-142
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    • 1989
  • As a part of investigation for utilizing anchovy more effectively as a food source, this work was undertaken the changes in keeping quality and taste compounds in the extracts from rapid fermented anchovy sauce during storage at room temperature. Rapid fermented products was made of chopped anchovy, water, koji and soybean protein isolate (20:10:2:1, w/w) thorough hydroxazine for 6 hours at $50^{\circ}C$. The liquified anchovy sauce extracts, contained 15% salt(w/w), were stored for 60 days at room temperature. The changes in pH, acidity, amino nitrogen and contents of taste compounds of the products were negligible during storage. The viable cell counts and histamines of the products were less than 30(colony/e extracts), 7.2-21.8(mg/100g extracts) during storage predominant free amino acids showed in the extracts from products were alanine, glutamic acid, histidine, lysine, leucine, valine and the total contents of those free amino acids were 60.4-64.3% of total free amino acids at final stage of storage. The major nucleotides and their related compounds of the products were revealed hypoxanthine, which were 69% over the total nucleotides and their related compounds. Using the omission test, the major taste compounds in the products were revealed free amino acids, nucleotides and their related compounds. The non-volatile organic acids, total creatinine, betaine, and TMAO were seemed to act an auxiliary role in taste of the extracts from rapid fermented anchovy sauce.

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