Article 39 of the Civil Procedure Act provides that it is difficult to expect a judge to be fair in trial.

"When there is any circumstance in which it is difficult to expect a judge to fair trial" in Article 39 of the Civil Procedure Act means an objective circumstance in which it is deemed that the party concerned may cause a biased and unfair trial in view of the relationship with the judge in terms of the relation with the case.

Article 39 of the Civil Procedure Act

Re-appellant

Seoul High Court Order 67Ra1 delivered on January 14, 1967

The reappeal is dismissed.

The grounds for reappeal are examined.

In Article 39 of the Civil Procedure Act, the term "if it is difficult to expect a fair trial to a judge" refers to an ordinary person's judgment, and it refers to an objective circumstance that may cause a concern about a judge to not make a biased and unfair trial or to the party concerned in view of the relation with a case. As such, it cannot be said that there was a fault in rejecting the argument because there is no means of vindication as to facts suspected that it is difficult to expect a fair trial due to the trial in the case of cancellation of the registration of transfer of real estate ownership (the re-appellant becomes the plaintiff) of Seoul Civil District Court 66No. 4727, which was in charge of the decision, and there is no reason to suspect that there is a circumstance that it is difficult to expect a fair trial, and it is difficult to accept the argument as alleged in the grounds for appeal without points out any means of vindication as to objective circumstances for which it is difficult to expect a fair trial. Accordingly, it is not acceptable to accept this issue. It is so decided as per Disposition by all participating judges pursuant to Articles 4132 and 484 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Kimchi-galle