• Title/Summary/Keyword: relation definition

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Distribution of Aortic Root Calcium in Relation to Frame Expansion and Paravalvular Leakage After Transcatheter Aortic Valve Implantation (TAVI): An Observational Study Using a Patient-specific Contrast Attenuation Coefficient for Calcium Definition and Independent Core Lab Analysis of Paravalvular Leakage

  • Nahid El Faquir;Quinten Wolff;Rafi Sakhi;Ben Ren;Zouhair Rahhab;Sander van Weenen;Patrick Geeve;Ricardo P J Budde;Eric Boersma;Joost Daemen;Nicolas M van Mieghem;Peter P de Jaegere
    • Journal of Cardiovascular Imaging
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    • v.30 no.4
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    • pp.292-304
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    • 2022
  • BACKGROUND: Calcium is a determinant of paravalvular leakage (PVL) after transcatheter aortic valve implantation (TAVI). This is based on a fixed contrast attenuation value while X-ray attenuation is patient-dependent and without considering frame expansion and PVL location. We examined the role of calcium in (site-specific) PVL after TAVI using a patient-specific contrast attenuation coefficient combined with frame expansion. METHODS: 57 patients were included with baseline CT, post-TAVI transthoracic echocardiography and rotational angiography (R-angio). Calcium load was assessed using a patient-specific contrast attenuation coefficient. Baseline CT and post-TAVI R-angio were fused to assess frame expansion. PVL was assessed by a core lab. RESULTS: Overall, the highest calcium load was at the non-coronary-cusp-region (NCR, 436 mm3) vs. the right-coronary-cusp-region (RCR, 233 mm3) and the left-coronary-cusp-region (LCR, 244 mm3), p < 0.001. Calcium load was higher in patients with vs. without PVL (1,137 vs. 742 mm3, p = 0.012) and was an independent predictor of PVL (odds ratio, 4.83, p = 0.004). PVL was seen most often in the LCR (39% vs. 21% [RCR] and 19% [NCR]). The degree of frame expansion was 71% at the NCR, 70% at the RCR and 74% at the LCR without difference between patients with or without PVL. CONCLUSIONS: Calcium load was higher in patients with PVL and was an independent predictor of PVL. While calcium was predominantly seen at the NCR, PVL was most often at the LCR. These findings indicate that in addition to calcium, specific anatomic features play a role in PVL after TAVI.

The Knowledge and Attitude on Breast Feeding of Female University Students (모유수유에 대한 여대생의 지식 및 태도)

  • Kim, Sung-Hee;Choi, Euy-Soon
    • Women's Health Nursing
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    • v.7 no.1
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    • pp.93-106
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    • 2001
  • The purpose of this study is to provide the basic data in order to develop of some educational programs for increasing breast feeding by studying the female university student's knowledge and attitude on breast feeding, who will become a mother in future. The respondents of this research were selected at random for 462 female students at the university in Seoul and Kyongki area, and it was the period collected the data from Oct 28, 2000 to Nov 8, 2000. The method of study distributed the measuring tools of knowledge with 33 items and the tools of measurement with 20 items on the attitude of breast feeding to the respondents directly, and collected them. The data were analyzed to use SPSS program. Unpaired t-test, ANOVA, Pearson correlation coefficient and Multiple regression analysis were used for the calculation of difference between groups and the results were as follows ; 1. The breast feeding was 50.6% in the period of lactation for the respondents and the nuclear families were 81.7% in family constituent unit. In the future the wisher of breast feeding was 91.5%, the medical personnel was a major informer who enjoyed their best confidence, Besides the respond-ents responded that the proper period for education of the breast feeding was in a high school. 2. The level of Knowledge on breast feeding. The respondents's knowledge on breast feeding was average $16.40{\pm}4.59$ points on the basis of 33 points and On the merits and demerits ratio of breast feeding has shown highest but there was low in the field of such a concrete and practical plan as the estimate of breast feeding and the method and mindfulness for breast feeding. The higher grader, the college of the natural science showed significantly the higher points in the knowledge degree by respondents's characters and in such cases the persons of breast feeding or the informed of breast feeding by a medical personnel or the women of strong will for breast feeding action in the future. 3. The Attitude on breast feeding. There was relatively shown a positive attitude of the total average $60.50{\pm}7.59$ points and the average evaluation $3.04{\pm}.36$ points in the attitude on breast feeding. The attitude by each factors has the highest points in the practical action aspect but the lowest in the emotional aspect. The attitude on breast feeding by respondents's characters significantly showed a positive attitude in such cases the persons of breast feeding or the informed of breast feeding or the women of strong will for breast feeding action in the future. 4. Relation to knowledge and attitude on breast feeding. There was shown a correlation of definition in the relation to knowledge and attitude on breast feeding, 5.Factors which have an effect on knowledge and attitude on breast feeding. The factors which have an effect on knowledge of breast feeding were attitudes on breast feeding, graders, the college of natural science and the informed of breast feeding. Also the factors which have an effect on attitude on breast feeding were on will and knowledge on breast feeding, a large family, the informed of breast feeding. In conclusion, it will have to enforce a systematic education on the method of a practical breast feeding enlarged by a medical personnel and professional early enough as the information provision on breast feeding enables one to increase knowledge and attitude on it, besides it has relations with their practical will.

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Birth and Transformation of the Concept of "Oriental-ness" in Korean Art (한국미술에서의 동양성 개념의 출현과 변형)

  • Chung, Hyung-Min
    • The Journal of Art Theory & Practice
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    • no.1
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    • pp.109-144
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    • 2003
  • Orientalness is a concept that expresses the collective identity of the Orient in relation to the West. The concept itself is mutable and defined by the relationship between the two regions at different points in time. Changes in the concept depend on a number of factors, such as cultural influence, the political balance of power between the two regions, and on the interpretative scheme that defines the relationship. In addition, the geographical notion of the concept evolves culturally, socially and politically. During this process, Oriental-ness becomes Oriental-ism at times. I will attempt to survey and measure the progression of Orientalness from its emergence in early 17th century to its subsequent transformation in modern Korea as reflected in art theory and art works. The recognition of the comparative characteristics of Oriental art began when the Orient was exposed to the art of the West in the late Ming dynasty during the early 17th century. The changes in the artistic climate in China affected the late Chosun. I will start with a brief introduction of this time and the birth of Orientalness. The concept gradually changed during the period of Enlightenment(開化期) towards the end of the 19th century, and during the colonial period( 1910-1945) it took on a new form. Establishment of the concept of "Orient"as a single, unifying concept spanning across cultures and national boundaries has been attributed to late Meiji period Japan, whose intention at that time is believed to have been to build a pan-Asia(亞細亞) empire with Japan at its commanding center. It has been stressed that the real motive behind the formation of one single cultural unit, where the shared common written language was Chinese and Confucianism and Taoism were the common metaphysical traditions, was to build one political unit. When the notion of a geographical unit of Asia was replaced by the concept of Asia as a cultural and political unit, a massive growth of interest and discourse were provoked around the concept of Orientalism. When Orientalism was being formulated, Korea automatically became member of "one Asia" when the country became colonized. For Koreans, the identity of the Orient had to be defined in cultural terms, as the political notion of a nation was non-existent at that time. The definition of identity was pursued at two levels, pan-Asian and local. If Orientalism was an elite discourse centered in pan-Asian philosophical and religious tradition, localized Orientalism was a popular discourse emphasizing locality as the byproduct of natural geographic condition. After the liberation in 1945 from colonial rule, a thrust of movement arose towards political nationalism. Two types of discourses on Orientalism, elite and popular, continued as central themes in art. Despite the effort to redefine the national identity by eradicating the cultural language of the colonial past, the past was enduring well into the present time. As discussed above, even when the painting themes were selected from Korean history, the tradition of using history painting as a manifestation of political policy to glorify the local identity had its founding during the Meiji period. The elevation of folk art to the level of high art also goes back to the colonial promotion of local color and local sentiment. Again, the succession of the past (colonial) ideal was defended as the tradition assumed a distinct modern shape that was abstract in style. The concept of the "Orient" is of relative and changing nature. It was formulated in relation to Western culture or civilization. Whatever the real motive of the adoption of them had been, the superiority of the Orient was emphasized at all times. The essence of the Orient was always perceived as the metaphysical tradition as a way to downgrade Western culture as materialistic. This view still prevails and the principle of Orient was always sought in Confucianism, Taoism, and Buddhism. Even when Orientalism was employed by imperialist Japan in an effort to establish her position as the center of the Orient, the spiritual source was still in Chinese philosophy and religion. In art also, the Chinese literati tradition became the major platform for elite discourse. Orientalism was also defined locally, and the so-called local color was pursued in terms of theme and style. Thus trend continued despite the effort to eradicate the remnants of colonial culture long after liberation. These efforts are now being supported politically and also institutionalized to become the aesthetic ideal of the modern Korean art.

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Consideration II of Traditional Recognition on Origin of the Han River and Oriental View Point of Water - Centering on Buddhist Idea - (동양사상에서의 물에 대한 관점과 한강의 시원에 관한 전통인식 고찰 II - 불교사상을 중심으로 -)

  • Youm, Jung-seop
    • Journal of Korean Philosophical Society
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    • v.117
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    • pp.191-222
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    • 2011
  • Traditionally, the origin of the Han River has been thought as Utongsu(于筒水) and Geumgangyeon(金剛淵). As both of these places are located in Odaesan(五臺山) the $Ma{\tilde{n}}ju{\acute{s}}ri$(文殊) Holy Place, we can well assume the possibility of Buddhist influence on them. In the Buddhist understanding on the origin of the Han River, what we should first notice are 'the recognition on the water of Buddhism' and 'the recognition on the river in Indian culture.' With the reviews, we may come to see by what standpoint these could become existed, if there were Buddhist influences on the recognition of Han River's origin. Based on these Buddhist and Indo-cultural view points, the author tries to make more dearly the definition of Utongsu and Geumgangyeon that are recognized as the origin of the Han River. Through it, we can check the relation of Buddhism and Indian culture in their influence on the concepts of Utongsu and Geumgangyeon. In Indian culture, what is noticed in relation with the origin of the river is Anavatapta, in which the sacredness of the water named the 8 virtuous waters is recorded. It is the materialistic sacredness which can be compared with the sacred feature of Utongsu that "its color and taste are far greater than other waters, and so is its weight. ${\cdots}$ Its color and taste do not change even after it flows into the Han River." Furthermore, both of Anavatapta and Utongsu have the same symbolism of dragon that the highest dragon king and a divine dragon were told to live in respective lakes. This similar structure found in the recognition of two rivers' origin may become an evidence of Buddhist influence on the recognition of the Han River's origin. The recognition of the Han River's origin is based on the traditional culture. Therefore, it may be natural that there is the Buddhist culture in it. At the same time, some viewpoints of Chinese culture can be found in it. So, the traditional recognition on the Han River's origin comprises diversity and complexity of Indian and Chinese cultures together.

The Marketing Effect of Loyalty Program on Relational Market Behavior : Focusing in Franchise Membership Fitness Club (로열티 프로그램이 고객 참여와 소비자-브랜드 관계에 기초한 관계형 시장 행동에 미치는 영향 : 프랜차이즈 회원제 휘트니스클럽을 대상으로)

  • Yoon, Kyung-Goo;Shin, Geon-Cheol
    • Journal of Distribution Research
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    • v.17 no.2
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    • pp.1-28
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    • 2012
  • I. Introduction : The purpose of this study is to test empirically hypothetical causality among constructs used in previous studies to build the model of relational market behavior on customers' participation and consumer-brand relationship after introducing theories of relationship marketing, loyalty program, consumer-brand relationship, customers' participation in service marketing as previous studies with regard to relational market behavior, which Bagozzi(1995) and Peterson(1995) commented on constructs and definition suggested by Sheth and Parvatiyar (1995). For this purpose, loyalty program by the service provider, customers' participation and consumer-brand relationship as preceding variables explain relational market behavior defined by Sheth and Parvatiyar(1995). This study proposes that loyalty program as a tool of relationship marketing will be effective in that consumers' participation in marketing relationship results in a narrow range of choice(Sheth and Parvatiyar, 1995) because consumers think that their participation motive result in benefits(Peterson, 1995). Also, it is proposed that the quality of consumer-brand relationship explain the performance of relationship as well as the intermediary effect because the loyalty program could be evaluated based on relationship with customers. We reviewed the variables with regard to performance of relationship based on relation maintain in marketing literature, and then tested our hypotheses related to several performance variables including loyalty and intention of relation maintain based on the previous studies and constructs(Bendapudi and Berry, 1997 ; Bettencourt, 1997 ; Palmatier, Dant, Grewal and Evans, 2006 ; You Jae Yi and Soo Jin Lee, 2006). II. Study Model : Analyses about hypothetical causality were proceeded. The marketing effect of loyalty program on relational market behavior was empirically tested in study regarding a service provider. The research model in according to the path hypotheses (loyalty program ${\rightarrow}$ customers' participation ${\rightarrow}$ consumer-brand relationship ${\rightarrow}$ relational market behavior and loyalty program ${\rightarrow}$ consumer-brand relationship, and loyalty program ${\rightarrow}$ relational market behavior and customers' participation ${\rightarrow}$ consumer-brand relationship, and customers' participation ${\rightarrow}$ relational market behavior) proceeded as an activity for customer relation management was suggested. The main purpose of study is to see if relational market behavior could be brought as a result of developing relationship between consumers and a corporate into being stronger and more valuable when a corporate or a service provider try aggressively to build the relationship with customers (Bettencourt, 1997; Palmatier, Dant, Grewal and Evans, 2006; Sheth and Parvatiyar, 1995). III. Conclusion : The results of research into the membership fitness club, one of service areas with high level of customer participation (Bitner, Faranda, Hubbert and Zeithaml, 1997; Chase, 1978; Kelley, Donnelly, Jr. and Skinner, 1990) are as follows: First, causalities in according to path hypotheses were tested, after the preceding variables affecting relational market behavior and conceptual frame were suggested. In study, all hypotheses were supported as expected. This result confirms the proposition suggested by Sheth and Parvatiyar(1995), who claimed that intention of consumer and corporate to participate in marketing relationship brings high level of marketing productivity. Also, as a corporate or a service provider try aggressively to build relationship with customers, the relationship between consumers and a corporate can be developed into stronger and more valuable one (Bettencourt, 1997; Palmatier, Dant, Grewal and Evans, 2006). This finding supports the logic of relationship marketing. Second, because the question regarding the path hypothesis of consumer-brand relationship ${\rightarrow}$ relational market behavior are still at issue, the further analyses were conducted. In particular, there existed the mediating effects of consumer-brand relationship toward relational market behavior. Also, multiple regressions were conducted to see if which one strongly influences relational market behavior among specific question items with regard to consumer-brand relationship. As a result, the influence between items composing consumer-brand relationship and ones composing relational market behavior was different. Among items composing consumer-brand relationship, intimacy was an influence of sustaining relationship, word of mouth, and recommendation, intimacy and interdependence were influences of loyalty, intimacy and self-connection were influences of tolerance and advice. Notably, commitment among items measuring consumer-brand relationship had the negative influence with relational market behavior. This means that bringing relational market behavior is not consumer-brand relationship without personal commitment, but effort to build customer relationship like intimacy, interdependence, and self-connection. This finding confirms the results of Breivik and Thorbjornsen(2008). They reported that six variables composing the quality of consumer-brand relationship have higher explanation in regression model directly affecting performance of consumer-brand relationship. As a result of empirical analysis, among the constructs with regard to consumer-brand relationship, intimacy(B=0.512), interdependence(B=0.196), and quality of partner(B=0.153) had the effects on relation maintain. On the contrary, self-connection, love and passion, and commitment had little effect and did not show the statistical significance(p<0.05). On the other hand, intimacy(B=0.668) and interdependence(B=0.181) had the high regression estimates on word of mouth and recommendation. Regarding the effect on loyalty, explanation level of the model was high(R2=0.515), intimacy(0.538), interdependence(0.223), and quality of partner(0.177) showed the statistical significance(p<0.05). Furthermore, intimacy(0.441) had the strong effect as well as self-connection(0.201) and interdependence (0.163) had the effect on tolerance and forgive. And these three variables showed effects even on advice and suggestion, intimacy(0.373), self-connection(0.270), interdependence (0.155) respectively. Third, in study with regard to the positive effect(loyalty program ${\rightarrow}$ customers' participation, loyalty program ${\rightarrow}$ consumer-brand relationship, loyalty program ${\rightarrow}$ relational market behavior, customers' participation ${\rightarrow}$ consumer-brand relationship, customers' participation ${\rightarrow}$ relational market behavior, consumer-brand relationship ${\rightarrow}$ relational market behavior), the path hypothesis of customers' participation ${\rightarrow}$ consumer-brand relationship, was supported. The fact that path hypothesis of customers' participation ${\rightarrow}$ consumer-brand relationship was supported confirms assertion by Bitner(1995), Fournier(1994), Sheth and Parvatiyar(1995) about consumer relationship to participate in marketing relationship.

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The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act (북한의 외국인투자법과 대외경제중재법의 적용범위)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.91-120
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    • 2020
  • The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

A Study on the Peaceful Uses of Outer Space and International Law (우주의 평화적 이용에 관한 국제법 연구)

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.273-302
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    • 2015
  • The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.

Postfilic Metamorphorsis and Renaimation: On the Technical and Aesthetic Genealogies of 'Pervasive Animation' (포스트필름 변신과 리애니메이션: '편재하는 애니메이션'의 기법적, 미학적 계보들)

  • Kim, Ji-Hoon
    • Cartoon and Animation Studies
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    • s.37
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    • pp.509-537
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    • 2014
  • This paper proposes 'postfilimc metamorphosis' and 'reanimation' as two concepts that aim at giving account to the aesthtetic tendencies and genealogies of what Suzanne Buchan calls 'pervasive animation', a category that refers to the unprecedented expansion of animation's formal, technological and experiential boundaries. Buchan's term calls for an interdisciplinary approach to animation by highlighting a range of phenomena that signal the growing embracement of the images and media that transcend the traditional definition of animation, including the lens-based live-action image as the longstanding counterpart of the animation image, and the increasing uses of computer-generated imagery, and the ubiquity of various animated images dispersed across other media and platforms outside the movie theatre. While Buchan's view suggests the impacts of digital technology as a determining factor for opening this interdisciplinary, hybrid fields of 'pervasive animation', I elaborate upon the two concepts in order to argue that the various forms of metamorphorsis and motion found in these fields have their historical roots. That is, 'postfilmic metamorphosis' means that the transformative image in postfimic media such as video and the computer differs from that in traditional celluloid-based animation materially and technically, which demands a refashioned investigation into the history of the 'image-processing' video art which was categorized as experimental animation but largely marginalized. Likewise, 'reanimation' cne be defined as animating the still images (the photographic and the painterly images) or suspending the originally inscribed movement in the moving image and endowing it with a neewly created movement, and both technical procedues, developed in experimental filmmaking and now enabled by a variety of moving image installations in contemporary art, aim at reconsidering the borders between stillness and movement, and between film and photography. By discussing a group of contemporary moving image artworks (including those by Takeshi Murata, David Claerbout, and Ken Jacobs) that present the aesthetic features of 'postfilmic metamorphosis' and 'reanimation' in relation to their precursors, this paper argues that the aesthetic implications of the works that pertain to 'pervasive animation' lie in their challenging the tradition dichotomies of the graphic/the live-action images and stillness/movement. The two concepts, then, respond to a revisionist approach to reconfigure the history and ontology of other media images outside the traditional boundaries of animation as a way of offering a refasioned understanding of 'pervasive animation'.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

Broden photographing method for Calcaneus Subtentaculum tali observation of Ankle plaster patient (발목부상을 당한 석고환자의 발꿈치뼈·목말받침돌기 관찰을 위한 Broden 촬영법 연구)

  • An, Byeongju
    • Journal of the Korean Society of Radiology
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    • v.7 no.2
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    • pp.107-112
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    • 2013
  • There is an Ankle Oblique(Broden' low) as an examination for the patient whose ankle was encased in orthopedic plaster. Some types of Ankle Joint coalition - Calcaneonavicular coalition, Talocalcaneal coalition and Naviculocuneiform coalition. This study is focused on the relation between Ankle Joints and the structural change of soft tissues, also finding the most proper angle to obtain good images of Ankle Joint from the patient who wore a plaster on his ankle, when we x-ray with Harris-Beath View($30^{\circ}{\sim}55^{\circ}$) - for observing Subtalar joint, Calcaneus Fracture, Subtentaculum, Tali Fracture and Talocalcaneal coalition. We intend to get the angle which makes us achieve the good image that shows Calcaneus Fracture, Subtentaculum, and Tali Fracture by changing internal angles of the patient's ankle. We evaluated the images obtained from 51 patients with PACS monitor. The result of the evaluation, subtalar joint was not seperated but opened, and Subtentaculum Tali Fracture was seen overlaid. at the angle 30, we could observe Calcaneus Fracture, Subtentaculum Tali Frature and the front part of behind side of subtalar joint well. And Calcaneo Navicularcoalition, Talocal Canealcoalition, Naviculo Cuneiform coalition condition were clearly seen at that angle. At the angle 35, we could achieve the clear images of subtalar comminuted fracture, talus, the behind joint of heel bone and get the high definition image on the degree of talocalcaneal joint separation. In addition to, We could obtain the good wide image of Sinus Tarsi. At the area of 45, We can distinguish the soft tissues from gyps separation. The outer-talus and density of the bone were definitely seen and Calcaneus is more separated than that of at the angle of 35, but this image is distorted. Calcaneus, Subtentaculum Tali show $1.20{\pm}0.414$ at the angle 25, $2.47{\pm}0.516$ at the angle 30, $2.27{\pm}0.458$ at the angle 45. This difference is statistically meaningful. (p<0.05). Including the degree of distortion, The distortion appears less at the area of $30^{\circ}$ but at the area of 40, there is heavy distortion. So, We could get the best image for making a diagnosis. At the $30{\sim}35^{\circ}$ degree for X-raying ankle. and at the $30{\sim}40^{\circ}$ for Calcaneus Fracture, Subtentaculum Tali Fracture.