Main Issues

Whether the judge involved in the trial of the case of motion for challenge against the presiding judge of the case on the merits constitutes grounds for exclusion (negative)

Summary of Judgment

Even if the judge taking part in the trial of the case on the motion for challenge against the presiding judge of the case on the merits participates again in the case on the merits, it does not constitute an intervention in the previous trial under Article 37 subparagraph 5 of the

[Reference Provisions]

Article 37 subparag. 5 of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Busan High Court Order 91Ra43 dated September 30, 1991

Text

The reappeal is dismissed.

Reasons

Upon examining the records, the judgment of the court below which held that even if the judge involved in the trial on the motion case against the presiding judge of the case on the merits of the judgment participates again in the case on the merits of the judgment, it does not constitute a participation in the previous trial under Article 37 subparagraph 5 of the Civil Procedure Act is just, and there is no illegality in this regard