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| Article 36 (Methods of Investigation) |
| (1) | The Commission may investigate petitions by such methods as prescribed in the following subparagraphs: |
| 1. | To require a petitioner, a sufferer or the respondent (hereinafter referred to as the “party concerned”) or an interested person to be present and submit a written statement, or to hear his/her statement; |
| 2. | To require the party concerned, an interested person or the related entity to submit such materials as deemed related to matters subject to investigation; |
| 3. | To practically inspect or appraise any such place, facility or material as deemed related to matters subject to investigation on the spot; and |
| 4. | To refer to the party concerned, an interested person or the related entity for such fact or information as deemed related to matters subject to investigation. |
| (2) | The Commission may, if deemed necessary for the investigation, have a commissioner, etc. visit any relevant place or facility to practically inspect or appraise any such place or facility or other materials on the spot. In this case, a commissioner, etc. may require any party concerned or related person to present himself/herself on the spot and hear his/her statement. |
| (3) | Any person who is required to submit a written statement under paragraph (1) 1 shall submit it within 14 days. |
| (4) | The presence of the respondent under paragraphs (1) and (2) above may be required only if it is difficult to judge any relevant case by his/ her written statement because he/she is the very person who commits a violation of human rights or discriminatory act and there exists any reasonable ground that a violation of human rights and a discrimina tory act under Article 30 (1) are deemed to occur. |
| (5) | A commissioner, etc. who makes investigation under paragraph (2) may require the head or staff member managing the relevant place or facility (hereafter referred to as a “related person” in this Article) to submit the necessary materials or articles. |
| (6) | A commissioner, etc. who makes investigation under paragraph (5) shall carry an identification indicating his/her authority and show it to the related persons. |
| (7) | If the Commission requires the submission of relevant materials or articles or intends to practically inspect or appraise said materials or articles or relevant facilities on the spot, the head of any related state organ may reject such submission, inspection or appraisal by clearly explaining to the Commission that those materials, articles or facilities fall under any of the following subparagraphs. In this case, the Com mission may require the identification of necessary matters of the said head, who, in turn, shall faithfully comply with such requirement: |
| 1. | State confidentiality liable to have any substantial effect on state security or diplomatic relations; or |
| 2. | Any such case as deemed to be liable to cause a serious obstacle to any criminal investigation or trial in pending. |