Main Issues

Where a judge has participated in another criminal case related to the facts of the case in question, whether it constitutes a ground for exclusion (negative)

Summary of Decision

When a judge under subparagraph 5 of Article 37 of the Civil Procedure Act has participated in a previous trial of which appeal was filed with respect to a case, it refers to the case in which a judge has participated in a lower court's judgment with respect to the case, and it does not constitute another criminal case related to

[Reference Provisions]

Article 37 subparag. 5 of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Daegu High Court Order 85Nu9 Dated February 21, 1985

Text

The reappeal is dismissed.

Reasons

The case where a judge under Article 37 subparagraph 5 of the Civil Procedure Act was involved in a prior trial on the case, which became an appeal for dissatisfaction, refers to the case where the judge participated in the lower court's judgment on the case, and does not fall under the case where he participated in another criminal case related to the factual relations of the case. In this case, it is obvious that the original trial judge's involvement in the case does not fall under the previous trial on the case of revocation of a building permit permit, because it is obvious that the case does not fall under the previous trial on the case of revocation of a building permit disposition, the lower court's decision that held that the above judge cannot be deemed to fall under the previous trial on the case of revocation of a building permit disposition, the Supreme Court's decision is justifiable