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        • 다시마 분말을 첨가한 막장 에탄올 추출물의 항돌연변이원성 및 세포독성 효과

          최승필,조미애,전윤영,이득식,함승시 동아시아식생활학회 2002 東아시아食生活學會誌 Vol.12 No.1

          This study was carried out to investigate antimutagenic and cytotoxic effects of Korean traditional Mackjang added with sea tangle powder. The content percentage of most of minerals among general composition increased by adding sea tangle powder. By the Ames test, the antimutagenic effect of ethanol extract of Korean traditional Mackjang added with 5% sea tangle powder was strongest, exceeding the control, 10% and 15% sea tangle additions. The ethanol extract (400 ㎍/plate) of Mackjang added with 5% sea tangle powder in the S. typhimurium TA100 strain showed inhibition rate of 95.0% against the mutagencsis induced by MNNG. The inhibition rate of ethanol extract (400 ㎍/plate) of Mackjang added with 5% sea tangle powder in the S. typhimurium TA98 and TA100 strains was 81.4% and 88,8%, respectively, against the mutagencsis induced by 4NQO. Cinder the same conditions, the suppression against B(a)P and Trp-P-1 in the TA98 and TA100 strains were 85.3% and 91.0%, and 96.5% and 92.0%. respectively. For the anticancer effects, an investigation was done on the cytotoxicity of Mackjang added with 5% sea tangle powder on the cell lines with human lung carcinoma (A549), human hepatoeellular carcinoma (HepG2), and human gastric carcinoma (KATOIII). The cytotoxicities were inhibited with increasing the extract concentration. The treatment of 1.0 ㎎/mL Mackjang added with 5% sea tangle powder showed relatively strong cytotoxicity of 61.2%, 61.8% and 66.8% against A549, KATOIII, and HepG2, respectively.

        • KCI등재

          금융안정에 대한 공법적 검토-중앙은행의 역할을 중심으로 한 시론적 접근-

          최승필 한국금융법학회 2018 金融法硏究 Vol.15 No.1

          서브프라임 모기지 부실로 인해 촉발된 미국발 금융위기는 금융안정의 중요성을 일깨워준 계기가 되었다. 그러나 아직까지 법리적 측면에서 금융안정에 대한 연구는 미진한 편이다. 특히 금융안정에 대한 공법적 접근은 거의 없었다고 해도 과언이 아니다. 금융안정이란 개별 금융기관의 건전성과 시장 전체의 안정성이 유지되고, 그 하부구조로서 금융제도 및 인프라가 안정되어 있는 상태라고 할 수 있다. 금융안정을 달성하기 위해서는 거시감독뿐만 아니라 미시감독, 지급결제, 예금자보호 등 다양한 영역의 요건이 충족되어야 하나, 그중 거시감독정책의 역할이 가장 크다. 금융안정의 법적 근거로는 헌법상 경제조항은 물론이며, 재산권보호 조항도 관련성을 갖는다. 법률적 수준에서는 한국은행법, 금융위원회법, 예금공사법을 그 근거로 들 수 있다. 금융위원회 및 예금보호공사와 달리 금융안정에 대한 한국은행의 역할은 다소 모호하다. 왜냐하면 한국은행법 제1조 제2항은 한국은행이 통화신용정책을 수행할 때 금융안정에 유의해야 한다고 규정하고 있기 때문이다. 금융안정이 한국은행의 목표인가에 대해서는 견해가 갈린다. 한국은행의 최종대부자기능, 국회에 금융안정상황평가보고서의 제출의무 그리고 통화정책의 수립시 금융안정을 필수적으로 고려할 수밖에 없다는 점을 고려할 때 한국은행은 금융안정기능의 일부를 수행하고 있다고 할 수 있다. 금융안정정책의 일부분을 담당하고 있는 중앙은행의 역할을 강화하기 위해서는 역할에 상응한 정보의 취득이 가능하도록 하여야 한다. 현재 금융당국간 정보의 교류는 MOU에 의존하고 있으나, 양해각서의 법적 성질상 본질적 한계가 있다. 아울러 MOU의 구체적 내용 역시 타 법령과의 정합성 측면에서 개선의 여지가 있다. 따라서 미국의 경우처럼 이를 데이터베이스화하여 공유하는 방식을 고려해볼 필요가 있다. 거시건전성감독수단을 사용하기 위해서는 시장상황에 대한 평가가 전제된다. 시장상황을 평가하고 향후의 전개될 위험상황을 예측하여 적절한 수단을 선택하는 것은 비교적 넓은 범위의 재량영역을 기반으로 한다. 조직법적 측면에서 거시건전성감독정책을 총괄하는 기구를 둘 것인가 그리고 어떠한 형태로 둘 것인가는 각국의 입법례에 따라 다르다. 미국은 FSOC를 두고 있으나 직접적 감독권을 가지고 있지 않으며, 각 영역별 감독기구간 정책조율을 한다. 그러나 여전히 FSOC의 결정이 실질적 구속력을 가진다는 비판이 있다. 영국은 영란은행의 내부조직인 FPC가 건전성감독기구와 영업행위감독기구 간 정책조율을 담당하고 있다. 우리나라의 경우 거시감독정책협의체로 거시금융회의를 두고 있다. 그러나 이 협의체의 법적 근거는 훈령인 데 비해, 결정사항은 금융시장 전반의 사항에 대해 심의·의결을 담당한다는 점에서 문제가 있다. 또한 의사결정과정 역시 투명하지 않고 책임성을 확보하기 위한 기제가 부족하다는 비판이 있다. 금융안정은 어느 한 기구가 전적으로 담당할 수 있는 것이 아니라 금융감독기구, 중앙은행, 예금보험기구 등이 횡적인 협조체제하에서 달성하는 정책목표이다. 따라서 이를 뒷받침할 법률적 근거마련이 필요하다. 법률적 근거에는 조직법적인 사항뿐만 아니라, 수단 및 권한에 대한 사항이 포함됨은 물론이다. Financial crisis triggered by the ill performance of the subprime mortgage provided opportunities for awakening the importance of financial stability. However, the study on the financial stability in respect of laws is still not sufficient. Particularly, it is not t too much to note that there have been no approaches to financial stability through the study of public laws. Financial stability signifies that both the sound individual banking systems and the whole market stability are well maintained, and that the financial systems and infra are stable as sub structures. To achieve the financial stability, various elements including macroscopic and microscopic supervision, payment approval, depositor protection, among many others, should work well. Among these elements, the macroscopic supervision is regarded as the most significant. The legal basis for financial stability consists in the economic articles in the constitution, and the articles for the property right protection as well have the same relevance. The law level bases include the laws for the Bank of Korea, the laws or finance committee, and the deposit corporation laws. Unlike the financial committee and deposit protection corporation, the Bank of Korea plays a somewhat ambiguous role for the financial stability. The reason is that the law for the Bank of Korea has the clause 2 of Article 1 that stipulates that the Bank of Korea should focus on the financial stability when it performs the monetary and credit policies. There are divided views on whether the Bank of Korea sets its goal on financial stability. Because the Bank of Korean plays the ultimate loaning function, fulfills the duty of submitting to the parliament the reports on the status quo on the financial stability assessment, and establishes the currency policy, essentially considering the financial stability the most, it can be safely said that the Bank of Korea exercises a part of the financial stability functions. In order to strengthen the role of the central bank which is in charge of part of the financial stability policies, the bank needs to be able to acquire information corresponding to its roles. The current information exchange between financial authorities relies on MOU, however, there is a substantial limit due to the nature of legal appropriateness. Besides, the concrete contents of the MOU also need improvement in respect of the compatibility with other laws. Accordingly, just as in the case of America, the method of sharing after databasing this may need to be considered. To use the means of macroscopic reliability supervision, the assessment on the market situation should be preceded. Selecting proper means after assessing the market circumstances and predicting the future risk conditions need to be based on the comparative large range of discretion areas. The important points in the discretion judgment lie in both whether all the elements that need to be considered are being considered and the interests-balance. In respect of organizational acts, whether there should be an organization generalizing the macroscopic reliability supervision and in what type it will be allowed depending on each nation's legislative laws governing the application of laws. America has FSOC, but it does not have direct supervision power. They coordinate the politics between supervision organizations on different category. However, FSOC has criticized that its decision has practically binding power. In UK, FPC is in charge of coordinating politics between reliability supervision organization and business activity supervision organization. However, the difference between FPC and FSOC is that the former is an internal structure of the Bank of England while the latter is an external structure. Korea has a macroscopic financial conference as a consultative body for macroscopic supervision. However, the problem is that while the legal basis of this consultative body is merely orders, its decision deals with the...

        • Flann O'Brien의 At Swim-Two-Birds의 구조와 특징

          최승필 단국대학교 1996 論文集 Vol.30 No.-

          This is a thesis on the structure and peculiarities of Flann O'Brien's At Swim-Birds which is known as one of the most famous postmodernist novels. The reputation of At Swim-Two-Birds has developed since it was first published in 1939, it made no impact then, but after the book was reprinted in 1960 it attracted growing circle of admirers and most critics came to appreciate it one of the masterpieces of English fiction. This is a study on the general characteristics and poetics of metafiction, especially on the aspects of fragmentation and collage and the poetics of Chinese box style structure. Most postmodernist writers repudiates the metanarrtives and totality; they believe that no one can any longer grasp what is going on in a society as a whole. So rejecting totality postmodernists stress fragmentation of time, of human subjects, of structure of fiction, of society itself. As Ronald Sukenick said, reality doesn't exist, time doesn't exist, personality doesn't exist. Now no one knows the plot. Life and fiction are no longer distinguishable one from the other and if we agree that life is never linear, that life is chaos because it is never experienced in a straight, chronological line, than linear and orderly narration is no longer possible. The plot having disappeared it is no longer necessary to have the events of fiction follow a logical, sequential pattem. Fragmentation, pastiche and collage take the place of sequential plot, and become the peculiarities of postmodernist fiction. While modernist text may have worked to combat the imposition of single, authoritative meaning, postmodernist metafiction tends more to play with the possibilities of meaning and of form. At Swim-Two-Birds is a metafiction ―a novel about writing a novel―in which both the process and the form are examined. Metafiction is fiction about fiction―that is fiction that includes within itself a commentary on its own narrative. This novel epitomised a phase of the postmodernist concern about the novel form―that is Chinese box metafiction or mise-en-abyme technique, and it did so in a radical, parodical way. In fact, the work is a kind of metafictional mise-en-abyme. Within that outer big frame there are multiple inner small frames, created by different narrative voices which revolt against it. This is the parody of Chinese box mise-abyme form. What the formalists called 'defamiliarization' is at work in this metafictional parody. The laying bare of literary devices in metafiction brings to the reader's attention those formal elements of which, through over-familiarization, he has become unaware. Through his recognition of the backgrounded material, new demands for attention and active involvement are brought to bear on the act of reading.

        • 英小說技法에 對한 論考

          崔承弼 檀國大學校英美文化硏究所 1981 英美文化 Vol.1 No.-

          The object of this thesis is to study the essence of the dramatic method in the structure of the novel, the dramatic approach in the characterization and the rules and aspects that govern the characteristics of the dramatic novel. The dramatic method is the best way of eliminating the narrator and exposing the scene directly to the reader. The author never appears but presents his whole story in the form of scenes. The dramatic art of fiction consists of making the story tell itself. A dramatic author creates a scene in which the speeches and actions of the characters convey their meaning. there is no explanation or comment of the omniscient author. In the dramatic novel, the characters are not part of the machinery of the plot, nor is the plot merely a rough framework round the characters. On the contrary, both are knit together. In the dramatic novel there is a confinement to one circle, one complex of life, producing naturally an intensification of action. And this intensification is one of the essential attributes of the dramatic novel. The story of the dramatic novel has a progression and ends in conclusion and usually the end is very important and of significance. It is the final illumination. And the main object of the dramatic novel is to trace development. Development implies time and in it we can find the logic of causality. The dramatic novel has affinity with drama. In formal dramas, the elements we find in the dramatic novel exists in their purity. The dramatic novel may be dramatized not only on the stage but also in the movies. As Mr. Lubbock whose study of the subject of 'point of view' seems to be the most brilliant one considered, the purely dramatic method may be the logical goal of fiction, He finds in Flaubert the first real dramatic writer and in Henry James the perfect master of dramatic approach, Edwin Muir finds in Jane Austen the first dramatic novelist who practised it with success. Many authors and critics have been convinced that dramatic or objective modes of narration are naturally superior to any mode that allows for direct appearances by the author or his reliable spokesman. The frankly omniscient or direct story-tellers have well nigh disappeared from modern fiction. But whether a dramatic novlist hides behind a single narrator or observer, the multiple points of view, or the objective surfaces of the scenic method, the author's voice is never really silenced. The line between showing and telling is always to some degree an arbitrary one. The author's judgement is always present, always evident to anyone who knows how to look for it. Modern authors give an air of objectivity making use of the dramatic approach while reaping all the benefits of commentary and the subjective method. How far the author may push the process in his book-that is a matter to be decided by the subject; it entirely depends upon the kind of effect that the theme demands. The subject dictates the method. What parts of the story should be developed by scenes or the dramatic method and what parts left to be related in the subjective method-that is the most difficult question. the exact assignment differs with every novel or short story. The author may begin with a general idea of what may lend itself to a dramatic treatment, The author may provide a bit of summary between scenes, summary that could be provided by none of the characters. Or he may give facts about one character that no other character could know.

        • Pride and Prejudice의 소설기법 : 소설 교수법의 한 방안

          崔丞弼 단국대학교 1981 論文集 Vol.15 No.-

          The object of this thesis is to study the essence of the dramatic method in the structure of Pride and Prejudice, the dramatic approach in the characterization and the rules and aspects that govern the characteristics of the dramatic novel. Jane Austen's fiction is dramatic in its structure, the point of view and the dialogue. The plot is framed dramatically. Her dramatic instinct can be found in her technique of timing and her analysis of human nature. She is not an omniscient intruder or a commentator but an objective observer. In Thackeray's Vanity Fair which is famous for its omniscient style, typical scenes are comlpete in them selves. We know the characters immediately, they behave typically from the first, they never change but remain constant. But in Pride and Prejudice we do not know the characters well until the scene os followed by other scenes, they are not archetypes not develop with the story. The dramatic method is the best way of eliminating the narrator and exposing the scene directly to the reader. The author is never to appear but presents his story in the form of scences. He must sacrifice his privilege of talking to the reader. The dramatic art of fiction consists of making the story tell itself. As Mr. Lubbock whose study of the subject of' point of view' is the most brilliant one considered, the purely dramatic method may be the logical goal of fiction. He finds in Flaubert the first real dramatic writer and in Henry James the perfect master of dramatic approach. But Mr. Muir finds in Austen the first novelist who practised it with consummate success. Among the writers of the dramatic novel, only Austen sounds the comic note and she succeeded in writing dramatic novels in the comic tone, and this is her literary position in the history of English literature. In Pride and Prejudice there is a confinement to one circle, one complex of life, producing naturally an intensification of action. And this intensification is one of the essential attributes of the dramatic novel. The story of the dramatic novel has a progression and ends in conclusion and usually the end of the dramatic novel is very important. It is the final illumination. Death or happy finale, these are the two ends towards which the dramatic novel moves, and Austen's novels always end in the happy solution taking the form if suitable marriage. The main object of the dramatic novel is to trace development. Development implies time and in it we can find the logic of causality. Many authors and critics are convinced that dramatic modes of narration are superior to any subjective mode that allows for direct appearances by the author or his reliable spokesman. The dramatic novel has affinity with deama. In formal dramas, the elements we find in the dramatic novel exist in their purity. The character novel or the subjective novel would lose almost all its meanings if it were to put on the stage. But Pride and Prejudice and other dramatic novels might be dramatized not only on the stage but also in the movies without difficulty. Austen regards chapters in her novel as important units in unravelling the story. She frequently begins a chapter formally by setting the situation and introducing necessary points of informnation, and ends the chapter with the same formality by suggesting the importance of the issue just meatined. Chapter 1 of Pride and Prejudice is a good sample. Austen's dramatic art of conversation is the supreme quality of her technique. In the dramatic novel the art of conversation plays the most important role. This is why when a dramatic novel is read aloud, its effect increases.

        • KCI등재

          환경영향평가와 사법심사 - 환경영향평가의 하자에 대한 판례의 검토를 중심으로 -

          최승필 서울대학교 법학연구소 2018 경제규제와 법 Vol.11 No.1

          Criticisms continue to be raised that the system of Environmental Impact Assessment is becoming a mere formality, and the major reason is that judicial precedents adopt too strict standards in recognizing flaws in Environmental Impact Assessment. In the standing to sue, the residents within the region of Environmental Impact Assessment are divided from the people living out of the region. While the former is accepted for standing to sue, the latter has to prove that their legal interests have been infringed upon. However, the burden of proof needs to be alleviated as the area of environment is a professional and technological field. Precedents judge that authorization of the project which does not undergo an Environmental Impact Assessment is illegal and invalid. In case the environmental impact assessment is started and there is no public hearing or opinion gathering process in the process, the case sees it as illegal and cancelable. There is no definite precedent for other procedural flaws, except that in the case of minor flaws based on theoretical viewpoint, there is an element to be considered as an element that examines whether discretion is deviated or abused, rather than a ground for an offense. The consultation process would be regarded as an act of violation if the environmental impact assessment procedure does not go through because it performs the function of consensus. The Environment Impact Assessment Act stipulates consultation with the Minister of Environment when an Environmental Impact Assessment sheet is prepared. Precedents regard that the consulted opinion of the Minister of Environment is no more than simple consultation. But it should not be regarded as a simple opinion of consultation as, in fact, the matters which need consultation with the Minister of Environment are the essential contents of the Environmental Impact Assessment. Consultation issue is procedural and substantive flaws. The substantive flaw in Environmental Impact Assessment means poor investigation and representation of alternatives. Precedents do not promptly deny the effectiveness of the project plan or project for the reason of such flaw unless the flaw is so serious that the purpose of legislation of the Environmental Impact Assessment system cannot be achieved. In general, precedents judge the approval of the project plan or project in overall consideration of various flaws, in fact there are few cases of rejection of the approval of the project plan or project. The main reason for the magnanimous stance of precedents about flaws in Environmental Impact Assessment is the irreversibility of the project. It can be the intrinsic limitation of Environmental Impact Assessment. Therefore, it is necessary to filter out in advance the factors which may infringe upon environmental interests by conducting Strategic Environmental Impact Assessment properly in order to overcome such a limitation and protect environmental interests. 환경영향평가제도가 형식적인 제도로 흐르고 있다는 비판이 지속적으로 제기되고 있다. 주요한 원인은 판례가 환경영향평가의 하자를 인정하는 데에 지나치게 엄격한 기준을채택하고 있는데 있다. 원고적격에 있어서 영향평가지역 내의 주민과 지역 밖의주민을 구분하고 전자의 경우에는 원고적격이 인정되지만, 후자는 법률상 이익이 침해되었는지를 입증해야 한다. 그러나 환경분야는 전문⋅기술적이라는 점에서 그 입증책임을완화해야 할 필요가 있다. 판례는 환경영향평가를 거쳐야 함에도 불구하고 거치지않은 경우는 무효로 판단하고 있다. 그리고 환경영향평가가시작되고 그 과정에서 공청회 또는 의견수렴절차를 거치지않은 경우에 대하여 판례는 이를 위법으로 보고 있다. 이외의 절차상 하자에 대해서는 명확한 판례의 입장은 없으며, 다만 학설적 견해로 경미한 하자일 경우에는 위법사유가 아닌 재량권을 일탈⋅남용했는지를 살피는 한 요소로 삼자는입장이 있다. 의견수렴절차는 의사합의기능을 수행한다는점에서 이를 거치지 않은 경우 적극적인 위법사유로 보아야한다. 환경영향평가법은 영향평가서를 작성할 때 환경부장관과의 협의를 거치도록 하고 있다. 판례는 환경부장관의 협의의견을 단순히 자문에 불과한 것으로 보고 있다. 그러나 실제로 환경부장관이 협의해야 할 사항은 환경영향평가의 본질적인 내용이라는 점에서 단순히 자문의견으로 보아서는안된다. 환경영향평가의 실체적 하자는 조사와 대안 제시의 부실을 의미한다. 판례는 이러한 부실이 환경영향평가제도를 둔입법취지를 달성할 수 없을 정도의 중대한 하자가 아닌 한, 그 부실을 이유로 곧바로 사업계획의 효력을 부인하지는 않는다. 대체로 판례는 여러 가지의 부실을 통합적으로 판단하여 사업계획 승인여부를 판단하지만, 실제로 사업계획 승인이 거부된 경우는 거의 없다. 환경영향의 하자에 대해 판례가 관대한 입장을 보이고 있는 주요한 이유는 사업취소 또는 철회의 비가역성이다. 환경영향평가의 내재적 한계라고 할 수 있다. 따라서 이 한계를 극복하고 환경상 이익을 보호하기 위해서는 전략환경영향평가를 제대로 운영함으로써 사전에 환경상 이익침해요소를 걸러낼 필요가 있다.

        • KCI등재SCIESCOPUS

          Therapeutic Hypothermia Following Emergent Coronary Artery Bypass Grafting After Failed Percutaneous Coronary Intervention in a Comatose Post-Cardiac Arrest Patient

          최승필,위정희,박정호,박규남,홍성진,이선희 대한의학회 2013 Journal of Korean medical science Vol.28 No.8

          We report the case of 60-yr-old female in which therapeutic hypothermia (TH) was successfully induced maintaining the target temperature of 34°C for 12 hr despite a risk of hypothermia-induced coagulation abnormalities following an emergent coronary artery bypass grafting (CABG) due to failed percutaneous coronary intervention, who suffered a cardiac arrest. Emergent CABG may be a relative contraindication for TH in post-cardiac arrest patients because hypothermia may increase the risk of infection and bleeding. However, the possibility of an improved neurologic outcome outweighs the risk of bleeding, although major surgery may be a relative contraindication for TH.

        • The Change and Trend of Financial Regulation in Korea - Focusing on Banking Regulation -

          최승필 은행법학회 2012 은행법연구 Vol.5 No.2

          Financial regulation can be referred to "an authority puts limit in certain activities and enforces compliance in order to maintain market order in trade among financial institutes, producers of financial products, and financial customers. Changes of financial regulation systems in Korea have been accelerated mainly by the foreign exchange crisis, the global financial crisis and FTA(Free Trade Agreement between Korea and Unites States of America, KORUS). Especially, ‘market regulation establishment' and ‘competition strengthening' suggested by the IMF bail-out program are evaluated to be an important motivation behind reinforcing sound regulations in the Korean financial law system and improving unnecessary entry regulations and the ‘Iron Wall' in each section. The biggest momentum of changes between the foreign exchange crisis in 1998 and the recent global financial crisis was the establishment of Financial Investment Services and Capital Market Act. Now, the financial regulation system has been facing a new trend of international agreement in regulation through the re-regulation trend since the global financial crisis and FTA. In the Banking Industry, entry and liquidation are regulated through an approval to protect depositors or investors. The Banking Act contains the requirements for approval of entry and liquidation. Ownership regulation was introduced to prevent banks from becoming a ‘piggy bank' of industrial capital and to ban interest conflicts by major shareholders and illegal profits through moral hazards according to the result of interest conflicts. Banking business under business regulation is divided into original, incidental and concurrently running parts, and each business is expanded and changed following development of financial market. Prudential regulation with Basel Capital Accord can be found in Art. 2 Para. 1 Nr. 5 of the Banking Act and Art. 1-2 of the Enforcement decree. Basel Capital Accord II was introduced to Korea in 2007. In Dec. 2010 the Basel Committee issued the Basel Capital Accord III, which presented recent global regulatory standards on bank capital adequacy and liquidity endorsed by the Seoul G20 summit in Nov. 2010. In addition to these regulation, there are interest conflict regulation and personnel regulation. Regulations through administrative guidance are preferred as one of the non-typical methods of financial regulation. Its original purpose is that a government attracts economic activities to a certain direction based on agreements of partners. However, the administrative guidance is authoritative in reality. The Financial Services Commission enacted an operational rule on administrative guidance to improve transparency of administrative guidance in 2007. One of recent issues is competition over authority between FSC and FTC. However, they could not address this case from the legal point of view and ended up closing the trouble merely by making an agreement on cooperation in advance through mutual MOU. Today an important part of financial institutes' supervisory system is the self regulation system, and an significant point of this regulation is compliance. Meanwhile, the integral Financial Consumer Protection Bureau is established for consumer protection in Financial Market in this year. Reorganization of a regulation system followed by integration of financial sectors is another consistent issue. This phenomenon is occurring in the legal field as well and complications happen in authority of supervisory agencies. In this situation, the core of financial regulation to bring successful results in the future will depend how to cope with such integral businesses of financial institutions.

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