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Chapter I General Provisions
Section 6 Inquisition Into Facts and Evidence
Article 36
An administrative authority shall conduct inquisition ex officio into evidence regardless of any allegation which may have been made by the party, and shall take into consideration circumstances both advantageous and disadvantageous to the party.
Article 37
During the administrative procedure, the party may, in addition to producing evidence on his own initiative, file an application to the administrative authority for inquisition into facts and evidence; provided that, if the administrative authority believes that no inquisition is necessary, it may choose not to conduct inquisition but shall give its explanation in the part of the notice dealing with reasons as required by article 43 hereof.
Article 38
In the course of inquisition into facts and evidence, an administrative authority may keep truthful records in writing if necessary.
Article 39
Where it is necessary for the purpose of inquisition into facts and evidence, an administrative authority may give any related person a written notification, requiring that he appear to give his opinions.
The notification shall give such details as the purpose of the inquiry, the time and place where the person notified is required to appear, whether or not he is allowed to appoint another person to appear on his behalf, and the consequence for failure to appear.
Article 40
An administrative authority may request the party or a third person to provide documents, information and/or other articles as may be necessary for the purpose of inquisition into facts and evidence.
Article 41
An administrative authority may select and appoint suitable persons to conduct expert inspection.
In the case of expert inspection conducted of documents, the expert witness who conducted such inspection may be required to appear to give explanations if necessary.
Article 42
An administrative authority may take evidence by inspection for the purpose of finding the true facts.
The party shall be notified of the taking of evidence by inspection and requested to be present, unless it is impossible to give such notice.
Article 43
In rendering an administrative disposition or carrying out other administrative acts, an administrative authority shall make a judgment of the truthfulness of the facts based on logical reasoning and the empirical doctrine after taking into consideration the statements presented and the conclusion reached upon the facts found and the evidence obtained, and shall then give the party a notice of its decision and reasons therefor.