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| Article 38 (Exclusion, etc. of Commissioner) |
| (1) | A commissioner and a conciliation member under Article 41 (hereafter referred to as the “commissioner” in this Article) shall, if falling under any of the following subparagraphs, be excluded from the participation in the deliberation and resolution on the relevant petition: |
| 1. | In case the commissioner or any person who is or was his/her spouse is the party concerned of the relevant petition or the joint holder of any rights or joint burdener of any duties with the said party; |
| 2. | In case the commissioner is or was a blood relative of the party concerned of the relevant petition; |
| 3. | In case the commissioner has made a witness or appraisal concerning the relevant petition; |
| 4. | In case the commissioner participates or participated in the relevant petition as agent of the party concerned; or |
| 5. | In case the commissioner has participated in any criminal investi gation or trial with respect to the relevant petition or relief procedures under any other Act. |
| (2) | The party concerned may, if there exists any ground for which it would be difficult to expect the impartial deliberation and resolution of the commissioner, make a request for the challenge to the president of the Commission, who shall, in turn, make a decision thereon without referring the request to the Commission for resolution: |
| (3) | Any commissioner may voluntarily refrain from the deliberation and resolution on the relevant petition, if he/she falls under either any of subparagraphs of paragraph (1) or paragraph (2). |