PART I GENERAL PRINCIPLES
CHAPTER I THE COURT
Section 2 Disqualification of Officers of the Court
Any judge shall voluntarily disqualify himself/herself in the following circumstances:
1.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a party to the proceeding;
2.When the judge is or was either a blood relative within the eighth degree or a relative by marriage within the fifth degree, to a party to the proceeding;
3.When the judge, or the judge's spouse, former spouse, or fianc嶪 is a co-obligee, co-obligor with, or an indemnitor to, a party to the proceeding;
4.When the judge is or was the statutory agent of a party to the proceeding, or the head or member of the party's household;
5.When the judge is acting or did act as the advocate or assistant of a party to the proceeding;
6.When the judge is likely to be a witness or expert witness in the proceeding;
7.When the judge participated in making either the prior court decision or the arbitration award regarding the same dispute in the proceeding.
A party may move for the disqualification of a judge in the following circumstances:
1.When the judge does not voluntarily disqualify himself/herself in the circumstances prescribed in the preceding Article;
2.When there exist circumstances other than those prescribed in the preceding Article suggesting that the judge may not perform his/her functions impartially.
A party cannot move for the disqualification of a judge in accordance with the provision of the second subparagraph of this Article after such party has made any motions or statements concerning the action, except where the grounds for disqualification arise or become known thereafter.
A motion for the disqualification of a judge shall be filed in the court to which such judge is assigned, stating the specific grounds for the motion.
A preliminary showing of the grounds of the motion and the facts of disqualification provided for in the second paragraph of the preceding Article shall be made within three days of filing the motion.
The judge for whose disqualification is sought may respond to the motion.
The ruling on a motion for disqualification shall be made by a panel of judges of the court to which such judge is assigned. When the panel cannot be established due to an insufficient number of qualified judges, the ruling shall be made by the Chief Judge of that court. When the ruling cannot be made by the Chief Judge, it shall then be made by the immediate superior court.
The judge for whom disqualification is sought cannot participate in any decision concerning the ruling prescribed in the preceding paragraph.
The judge for whom disqualification is sought shall disqualify himself/herself without the need of a ruling when he/she considers the motion meritorious.
An interlocutory appeal may be taken from a ruling denying the motion for a judge's disqualification. A ruling granting the disqualification motion is not reviewable.
The judge shall, upon a motion for disqualification, stay the proceeding prior to a ruling on the motion, except where the motion is filed in violation of either the provisions of the second paragraph of Article 33 or the first or second paragraph of Article 34, or for the manifest purpose of delaying the proceeding.
Despite a stay in accordance with the provision of the preceding paragraph, necessary measures shall still be taken under emergent circumstances.
When finding that a judge should have voluntarily disqualified himself/herself, the court or the Chief Judge of the court prescribed in the first paragraph of Article 35 shall make the disqualification ruling on its own initiative.
A judge may, with the consent of the Chief Judge of the court to which the judge is assigned, disqualify himself/herself under the circumstances provided in the second subparagraph of the first paragraph of Article 33.
The provisions of this Section shall apply mutatis mutandis to all Judicial Affair Officers, court clerks and interpreters.