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A Cargo Insurer's Right of Direct Action against P&I Club - Focused on Docket No.2012 gadan 503694 in Seoul Central District Court- (선주상호보험조합에 대한 적하보험자의 직접청구권 -서울중앙지방법원 2012가단503694 판결을 중심으로-)

  • Lee, Wonjeong
    • Journal of Korea Port Economic Association
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    • v.30 no.4
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    • pp.111-130
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    • 2014
  • The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

Acceleration of Early Embryonic Development by Induction of Acrosome Reaction in Intracytoplasmic Sperm Injection (세포질내 정자주입술 시행시 정자의 첨체반응이 수정란의 초기 발생과 임신율에 미치는 영향)

  • Lim, Y.J.;Lee, D.R.;Lee, J.E.;Kim, H.J.;Paik, H.R.;Yoon, H.S.;Shim, H.N.;Cho, J.H.;Roh, S.I.
    • Clinical and Experimental Reproductive Medicine
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    • v.24 no.3
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    • pp.311-318
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    • 1997
  • Bypassing acrosome reaction and fusion process in intracytoplasmic sperm injection(ICSI), most of injected spermatozoa still contain intact acrosome contents and plasma membrane. It Is not known yet what acrosome contents and plasma membrane of spermatozoa have effect on the development of embryo. For further understanding of fertilization process after ICSI, we studied the time of pronucleus formation, disappearance and first cleavage in human zygote, and pregnancy rate in relation to acrosome reaction rate of spermatozoa after ICSI. Seventy cycles undergoing ICSI program were randomly selected. Sperm suspension from 38 cycles were treated 50% human follicular fluid(hFF) for 3 hours in order to induce acrosome reaction, others were not treated as control. Acrosome reaction in hFF treated and non-treated group was assessed by fluorescein isothiocyanate(FITC)-conjugated Arachis hypogea(PNA) and Pisum sativum agglutinin(PSA). Oocytes were classified into 'good' and 'poor' according to their morphology. After ICSI, fertilization of oocytes were assessed by detection of two pronuclei at 16 hours. The pronuclei disappearance and first cleavage of zygotes were observed at 24 hours, and then embryos were transferred to uterus after culture for 72 hours. The rate of acrosome reaction of spermatozoa in hFF treated group was significantly higher than that in control(p<0.01). Fertilization rates of good oocytes were not different both control and hFF treated group(81.3%(174/206) vs. 72.1%(102/130)). But, in poor oocytes, the fertilization rates in hFF treated group(72.1%(149/183)) were increased compared than those of control group (63.6%(98/140), p<0.01). In either good or poor oocytes, the rates of pronuclei disappearance in hFF treated-spermatozoa injected oocytes were higher than control (59.1%(103/174), 56.4%(84/149) vs. 32.4%(33/102), 37.8%(37/98), p<0.01). Also, the rates of thirst cleavage were increased in hFF treated group (31%(54/174), 24.1%(36/149)) compared than those of control group (10.8%(11/102), 13.2%(13/98), p<0.01). The pregnancy rates of hFF treated group (42.1%(16/38)) were slightly higher than control group (28.1%(9/32), p>0.05). But, the pregnancy rate of group which possessed more than one cleavaged zygote at 24 hours was higher than group which did not (45.2%(19/42) vs. 21.4%(6/28), p<0.05). From these results, the development of zygotes were faster in higher acrosome reacted sperm group than lower acrosome reacted sperm group after ICSI. Our results may be explained that acrosomal membrane and plasma membrane are easily detached from spermatozoa in acrosome reacted spermatozoa compared with acrosome intact sperm in the cytoplasm of oocyte during pronuclear formation. We conclude that the injection of acrosome reacted spermatozoa will increase the pregnancy rate as they can induce fast embryonic development in ICSI.

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Determinants of Multiplex Movie Theater's Box Office Performance :Focused on Facilities, Trade Area and Location Factors (멀티플렉스 영화관의 보유시설, 상권 및 입지요인이 영화관 매출에 미치는 영향에 대한 탐색적 연구)

  • Song, Chihoon;Park, Kyungdo;Yi, Ho-Taek
    • The Journal of the Korea Contents Association
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    • v.14 no.4
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    • pp.110-122
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    • 2014
  • Korea's film industry has been growing over the last 10 years, and there has been much attention to the antecedents of film box office sales both academic and business communities. So far, previous research which explained success factors of film or movie mainly focused on 3 stages, production, distribution and screening. However, these 3 steps are heavily vertically integrated in Korea's firm industry unlike United States. Almost 130% of movie theaters are multiplex chain and operated by film production companies such as CJ and Lotte Entertainment In this situation, film sales are likely to he affected by movie theaters own facilities or location factors rather than movie contents. Based. on resource-based view and S-C-P paradigm, the authors examined "whether movie theater's facilities factors and trade area factors such as accessibility, competitive situation, and population have effect to movie theater's sales revenues. The results showed that the average occupancy of theater is the most important factor to movie theaters sales in both large and small cities. In large cities, movie theater's facilities factors which included vibration seat special sound system, premium movie theater, VIP lounge are relatively important than trade area factors. In contrast, in small cities, location factors and accessibility are the most important factors to movie theaters sales. We discuss the managerial and theoretical implication for the results and the specific limitations are suggested at the end of the paper.

Evidence of genome duplication revealed by sequence analysis of multi-loci expressed sequence tagesimple sequence repeat bands in Panax ginseng Meyer

  • Kim, Nam-Hoon;Choi, Hong-Il;Kim, Kyung Hee;Jang, Woojong;Yang, Tae-Jin
    • Journal of Ginseng Research
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    • v.38 no.2
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    • pp.130-135
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    • 2014
  • Background: Panax ginseng, the most famous medicinal herb, has a highly duplicated genome structure. However, the genome duplication of P. ginseng has not been characterized at the sequence level. Multiple band patterns have been consistently observed during the development of DNA markers using unique sequences in P. ginseng. Methods: We compared the sequences of multiple bands derived from unique expressed sequence tagsimple sequence repeat (EST-SSR) markers to investigate the sequence level genome duplication. Results: Reamplification and sequencing of the individual bands revealed that, for each marker, two bands around the expected size were genuine amplicons derived from two paralogous loci. In each case, one of the two bands was polymorphic, showing different allelic forms among nine ginseng cultivars, whereas the other band was usually monomorphic. Sequences derived from the two loci showed a high similarity, including the same primer-binding site, but each locus could be distinguished based on SSR number variations and additional single nucleotide polymorphisms (SNPs) or InDels. A locus-specific marker designed from the SNP site between the paralogous loci produced a single band that also showed clear polymorphism among ginseng cultivars. Conclusion: Our data imply that the recent genome duplication has resulted in two highly similar paralogous regions in the ginseng genome. The two paralogous sequences could be differentiated by large SSR number variations and one or two additional SNPs or InDels in every 100 bp of genic region, which can serve as a reliable identifier for each locus.

Ankle Arthroscopy for Occult Injuries in the Acute Ankle Fracture (급성 족 관절 골절에서 잠재 손상에 대한 족 관절경)

  • Choi Chong-Hyuk;Yang Kyu-Hyun;Park Seong-Jin
    • Journal of the Korean Arthroscopy Society
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    • v.5 no.2
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    • pp.124-130
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    • 2001
  • Purpose : To identify occult intra-articular pathologies in the acute ankle fracture using arthroscopy and to investigate the factors to predict its possibility of occult injuries that could be occurred. Materials and Methods : This prospective study included fifty patients who got operation for the ankle fractures. Ankle arthroscopy was performed to document the type and anatomical location of occult lesion. We investigated the correlation between incidence of occult injuries and specific fracture type. Results : Of fifty ankles, 37 ankles had occult lesion. Twenty five loose bodies including displaced fragments were found and various cartilage lesions were found in 31 ankles. Tibial avulsion fragment by anterior inferior tibiofibular ligament was occurred in 6 cases. There was no correlation between the incidence of occult lesion and various factors including age, sex, injury mechanism and fracture type(p>0.05). Conclusion : The ankle arthroscopy had an effective role for the detection and treatment of occult injuries and it was difficult to predict the occurrence or associated accurately in all of th ankle fractures.

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A Study on Optimal Farming System for Organic Farm Products (유기농산물 생산농가의 최적영농조직)

  • Jang, Hyun-Dong;Kim, Jai-Hong
    • Korean Journal of Agricultural Science
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    • v.24 no.1
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    • pp.94-107
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    • 1997
  • Producing organic farm products is one of the high-payoff farming practices considering the rapid increase of consumer's purchasing power. The purpose of this study is to identify the optimal organic farming system in relation to farm income. To cope with the above objectives, present farming conditions and profitability of 15 farmers producing organic products including rice and leaf vegetables as lettuse and cabbage were surveyed in Hongsung and Ahsan Gun, Chungnam Province. Based on the surveyed data, maximization of organic farm income were analyzed under the constrained conditions such as limited monthly labour inputs and competitive use of land by Linear Programming Model. The results of this study can be summarized as follows. 1. In the profitability analysis of 15 farmers producing organic products, rice farmers could earn their farm income more than that of conventional farmers by 50%. On the other hand, the controlled lettuce farmers could get more about 100% than that of it. But the controlled cabbage farm could get more about 40% of it. These organic farm products were saled at high prices comparing with the prices of conventional farm products by 170% ~ 230% even though the crop yields produced by organic materials had decreased. 2. According to the labor requirement of the organically produced crops, rice cultivation was needed more labour inputs than the conventional farming method by 130%. On the other hand lettuce and cabbage could saved labour requirement by 40% and 80% of those respectively. Especially for the rice cultivation concern, higher labor requirement was due to the activities as organic fertilization, soil preparation and pest and weed controll, etc. 3. With the surveyed data from farmers who produced farm commodities, L.P. analysis was implemented to find out the optimul farming system and the maximum income. According to the results of L.P. analysis, 58% of total farm income could get more than the conventional farming system In the case of rice cultivation, one ha of paddy was recommendable to save more labour inputs than the controlled leaf vegetables such as lettuse and cabbage. However, in the controlled leaf vegatables, only 73% of total upland equivalent to 0.3 ha should be cultivated under the condition of labor shortage as the restricted 4 workers. And increasing the size of hogs raising should be recommened to achieve self-sufficiency of organic fertilizer. As pointed out the possibility of organic farming, present farmers producing organic farm products could be able to maximize their income by expanding organic farm size with regard to all conditions of our organic industry. Of course, there are many difficulties in the course of developing organic agriculture. So Government should effort to support the development of our organic agriculture considering the various aspects of production, marketing, Quality certification of organic produces.

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Effects of Feeding Probiotics on the Odor-Generating Substances and Development of maggots(Fly's larvae) in Pig's Feces (육성비육돈에 대한 생균제의 첨가급여가 분 악취 및 파리유충 발생에 미치는 영향)

  • 양승주;현재석;양창범;고석민
    • Journal of Animal Environmental Science
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    • v.4 no.1
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    • pp.9-20
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    • 1998
  • This research was conducted to investigate the effects on the amount of nitrogen and phosphorus and the number of maggots in the feces from the experimental pigs fed probiotics additives, and the variance of NH3-concentration(ppm) generated in the experimental pig-pens. The experiment was performed twice in the W-farm(under the condition of sufficient energy and protein in Spring) and B-farm(insufficient energy and protein in Summer). The experiment was designed with 5 treatments (control and 4 treatments according to the kinds of additives used). In the W-farm experiment, 75 three-way crossbred pigs weighing average 38kg were randomized with 3 replications for 102 days. In the B-farm experiment, 105 three-way crossbred pigs weighing average 33kg were randomized with 3 replications for 130 days. The results obtained are as follows: 1. The amount of dry matter, organic matter, nitrogen and phosphorus in the feces was not significantly different among the treatments. But the amount of OM, N and P shows a tendency to be somewhat lowered in the treatment A. On the otherhand, the amount of dry matter was somewhat lowered in the treatment B. The amount of such matters in the W-farm was somewhat lowered than those in B-farm. But there was not significant difference between W-farm and B-farm. 2. On the variance of the number of maggots developed in the pig's feces according to each treatment, the number of maggots in the treatments added probiotics were markedly decreased in comparison with those of the control(T), and it was significantly different(p<0.01). Especially the decrease in the treatment A and B was much remarkable. 3. The addition of probiotics to the pigs' feeds made the NH3-concentration generated in the pig-pens decrease markedly. especially the NH3-concentration in the treatment A had the highest decreasing ratio among all the treatments. The decreasing ratio of NH3-concentration of the treatments added probiotics as compared to control(T) was 59.1∼80.0%(average 70.3%) in the treatment A, 56.8∼80.0%(ave. 68.5%) in the treatment B and 24.4∼46.0%(ave. 35.0%) in the treatment C and D. On the variance of the NH3-concentration according to the experimental times)seasonal conditions), the NH3-concentration generated in the pig-pens was gradually increased from April to August, on the other hand it was decreased in the September. By the result of this study, it was appeared that the probiotics added to the pigs' feeds made the NH3-concentration decrease in the pig-pens to the extent of safety degree(25 ppm and less) permitted to swine especially in the treatment A and B.

Effect of Dietary Root Powder Mixture of Angelicae gigantis and Bupleurum falcatum on Growth Performance, Organ Weight and Serum Components in Broiler Chicken (당귀(當歸)와 시호(柴胡)뿌리 혼합분말(混合粉末) 첨가(添加) 사료가 육계(肉鷄)의 성장능력(成長能力)과 장기발달(臟器發達) 및 혈액성분(血液成分)에 미치는 영향)

  • Cho, Seong-Koo
    • Korean Journal of Medicinal Crop Science
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    • v.4 no.2
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    • pp.145-152
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    • 1996
  • The dietary Root Powder Mixture of Angelicae gigantis Radix and Bupleurum falcatum Linne (RPM of AGR & BFL) was feded for 6 weeks to added 0. 0, 0. 4, 1. 0, 2. 0% respectively in the broiler diets. The ,RPM of AGR & BFL was found to be palatable as birds consumed moreyof the test diets than the control diet. The BW gain of 1. 0% RPM of AGR & BFL group was higher than the control group. Feed efficiency (F/G) was improved significantly (P by feeding of 1. 0% RPM of AGR & BFL diet. The carcass weight was improved by feeding with 1. 0% added diet and the carcass ratio was increased in added diets. The amounts of chest meat and drumsticks were heaver in 0. 4% added deit than control. There was no consistent trend in various organ weight by the addition of RPM of AGR & BFL. Fat accumulation of abdominal and gizzard surrounding was highly measured in the broiler fed 0. 4% RPM of AGR & BFL diet. Total serum protein, cholesterol and triglyceride contents were tended to increased with 2. 0% RPM of AGR & BFL ration, and in the 1. 0% addled diet to enhenced BW gain total serum protein, cholesterol and triglyceride concentration were analyzed the lowest among treatments.

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Retrospective study on factors affecting the prognosis in oral cancer patients who underwent surgical treatment only

  • Kim, Byeong-Guk;Kim, Jun-Hwa;Kim, Myung-In;Han, Jeong Joon;Jung, Seunggon;Kook, Min-Suk;Park, Hong-Ju;Ryu, Sun-Youl;Oh, Hee-Kyun
    • Maxillofacial Plastic and Reconstructive Surgery
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    • v.38
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    • pp.3.1-3.9
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    • 2016
  • Background: This study was performed to evaluate their 5-year survival rates and identify the factors affecting the prognosis of oral cancer patients who had undergone surgical treatment only. Methods: Among 130 patients who were diagnosed with malignant tumor of oral, maxillofacial, and surgical treated in the Department of Oral and Maxillofacial Surgery at Chonnam National University Hospital within a period from January 2000 to December 2010, for 11 years, 84 patients were investigated who were followed up for more than 5 years after radical surgery; oral cancer is primary and received only surgical treatment. The survival rate according to gender, age, type and site of cancer, TNM stage, cervical lymph node metastasis and its stage, recurrence or metastasis, time of recurrence and metastasis, and differentiation were investigated and analyzed. Results: Overall, 5-year survival rate in patients who received only surgical treatment was 81.2 %, and disease-specific 5-year survival rate was 83.1 %. The disease-specific 5-year survival rate based on TNM stage, metastasis of cervical lymph node, N stage, and presence of recurrence/metastasis was a significant difference (p < 0.05). The disease-specific 5-year survival rate based on sex, age, type of tumor, primary site, and differentiation was not a significant difference (p > 0.05). Conclusions: These results suggest that good survival rate can be obtained with surgical treatment only, and stage of oral cancer, cervical lymph node metastasis and stage, recurrence or metastasis, time of recurrence, and metastasis have a significant effect on survival rate in oral cancer patients.

A Study on the Distribution Characteristics of Terpene at the Main Trails of Mt. Mudeung (무등산 주요 탐방로에서 테르펜 분포특성 연구)

  • Lee, Dae-Haeng;Kim, Min-Hee;Park, Ok-Hyun;Park, Kang-Soo;An, Sang-Su;Seo, Hee-Jeong;Jin, Seung-Hyun;Jeong, Won-Sam;Kang, Yeong-Ju;An, Ki-Wan;Kim, Eun-Sun
    • Journal of Environmental Health Sciences
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    • v.39 no.3
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    • pp.211-222
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    • 2013
  • Objectives: A great number of people visit forests for their bountiful healing factors. We investigated the quantity of terpene and analyzed the correlations with meteorological and environmental factors at Mt. Mudeung in order to support public health. Methods: The terpene amounts were investigated along 11 main trails using stainless steel tube packed by Tenax TA (150 mg) and Carbopack B (130 mg) during March to November 2012. Terpene amounts of 20 species (${\alpha}$-pinene, camphene, etc.), and meteorological and environmental factors were investigated in the field. Results: Terpene of 16 species was released from the forest and total terpene amounts were 2,080 pptv at the site of Chamaecyparis obtusa, the highest among 11 sites, nearby the first reservoir on Mt. Mudeung. Terpene concentrations in the forest were nine to 23 times higher than found in urban areas. Total terpene amounts had positive correlations with temperature, humidity, carbon dioxide and oxygen (p<0.01) with $R^2$ of 0.345, 0.369, 0.591, 0.145, respectively, from April to July. Wind speed and solar radiation in the forest had a negative correlation with terpene amounts and showed statistical insignificance with p-values of 0.118 and 0.233, respectively. Conclusions: This study suggests that the amounts of terpene around Mt. Mudeung are indeed higher, so visitors may enjoy a therapeutic walk in the forest with a healing effect. These results showed the forest was very effective for improving human health.