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Chapter Law Content

Chapter I General Provisions
Section 4 Recusal
Article 32
In any of the following circumstances, a government officer shall recuse himself from the administrative procedure:
1. Where the government officer himself or his spouse, former spouse, any of his relative by blood within the fourth degree or relative by marriage within the third degree, or a person having previously such relationship with the government officer, is a party to the matter;
2. Where the government officer himself or his spouse or former spouse is connected with the party in a relationship of joint holders of rights or co-obligors in the matter;
3. Where the government officer is currently or was once an agent for or assistant to the party in the matter; or
4. Where the government officer was once a witness or expert witness in the matter.
Article 33
In any of the following circumstances, the party may apply that a government officer recuse himself:
1. Where the government officer fails to recuse himself in spite of the existence of any of the circumstances specified in the preceding article; or
2. Where there are concrete facts to support sufficiently the belief that the government officer is likely to be biased in the exercise of his functions.
An application under the preceding paragraph shall be made, with a statement of grounds and facts, to the authority with which such officer serves, and shall be duly explained. The government officer whose recusal has been applied for may give his view in writing with respect to such application.
In the case of dissatisfaction to the decision of the administrative authority to reject the application, the matter may be brought to the superior authority within five days for review, and the administrative authority entertaining this matter shall take an appropriate action within ten days unless there is a good reason for it not to do so.
The government officer whose recusal has been applied for shall cause the administrative procedure to be stayed before the authority with which such officer serves makes a decision to either approve or reject the application; provided, however, that a necessary action shall be taken in emergency situation.
Where a government officer falls into any of the circumstances specified in the preceding article but fails to recuse himself, and no application for his recusal has been filed by any party, the authority with which such officer serves shall order ex officio that he recuse himself.