Goto Main Content
:::

Chapter Law Content

CHAPTER III CITIZEN JUDGES AND ALTERNATE CITIZEN JUDGES
Section 4 DISMISSAL OF A CITIZEN JUDGE AND AN ALTERNATE CITIZEN JUDGE
Article 35
The court shall rule to dismiss a citizen judge or an alternate citizen judge ex officio or upon the written petition submitted by the parties of the case, the defense attorney, or the assistant where there exists any of the following circumstances:
1. Where the citizen judge or alternate citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, or where there exists a ground of ineligibility set forth in Articles 13 to 15;
2. Where the citizen judge or alternate citizen judge fails to make an affirmation in accordance with the provisions of this Act;
3. Where the citizen judge or alternate citizen judge makes a false statement to the questions asked during the selection process, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;
4. Where the citizen judge or alternate citizen judge fails to participate in the entirety of the proceedings on the trial dates or final deliberation in accordance with the provisions of this Act, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;
5. Where the citizen judge or alternate citizen judge fails to follow the orders given by the presiding judge and disrupts the legal proceedings on the trial dates or final deliberation, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;
6. Where the citizen judge or alternate citizen judge jeopardizes the fairness and credibility of the judiciary or discloses confidential information, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;
7. Where a situation attributable to the citizen judge or alternate citizen judge constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties; or
8. Where the citizen judge or alternate citizen judge cannot perform his or her duties or it is inappropriate for him or her to perform the duties due to a force majeure event.
Before making a ruling in accordance with the preceding paragraph, the court shall hear the opinions of the parties of the case, the defense attorney, or the assistant of the accused and offer the citizen judge or alternate citizen judge concerned an opportunity to state his or her opinion, and this proceeding shall be held in private.
The parties of the case, the defense attorney, or the assistant of the accused may petition for the ruling made pursuant to Paragraph 1 of this article to be revoked and for the court to make a new ruling in its place.
The petition made pursuant to the preceding paragraph shall be ruled by another tribunal of the same court. The litigation proceedings shall be suspended pending the ruling on the said petition.
The ruling to be made pursuant to the preceding paragraph shall be made immediately. The tribunal shall revoke the original ruling and make its own ruling if it deems the petition meritorious.
No interlocutory appeal may be filed against a ruling made under paragraph 4 of this article.
Article 36
In the event that a citizen judge or an alternate citizen judge, after being selected, has difficulties in performing his or her duties due to one of the situations set forth in Article 16, Paragraph 1, Subparagraphs 4 to 8, the said citizen judge or alternate citizen judge may resign from his or her position by submitting a written petition to the court.
The court shall refuse the petition made in accordance with the preceding paragraph by a ruling where it finds the petition without merits; where the court finds the petition meritorious, it shall grant the dismissal of the citizen judge or alternate citizen judge concerned by a ruling.
No interlocutory appeal may be filed against a ruling made pursuant to the preceding paragraph.
Article 37
Where there is a vacancy of citizen judge in the panel caused by the dismissal of citizen judge or alternate citizen judge pursuant to the preceding two articles, the said vacancy shall be filled by the alternate citizen judge next in the sequence in accordance with the serial number pre-assigned to him or her. The vacancy of the alternate citizen judge thus created shall in turn be filled by the alternate citizen judge whose pre-assigned serial number is next in the sequence.
Where there remains no alternate citizen judge to fill the vacancy of citizen judge, the court shall conduct the selection procedures all over again.
Article 38
The duties of the citizen judges or alternate citizen judges shall end upon the occurrence of one of the following circumstances:
1. Where the judgment is rendered; or
2. The court's ruling against the undergoing of the participation of citizen judges pursuant to Article 6, Paragraph 1 becomes final.