If the case of the merits in charge of the judge who received the challenge is cultivated to another full bench, whether there is interest in the challenge or not.

The challenge system against a judge is under circumstances under which it is difficult for the judge to attain fairness in a trial of a specific case in order to secure trust in the trial, and the case in which the judge subjected to the challenge was cultivated to another full-time court and thus the judge becomes not involved in the trial of the case, the challenge system does not have any interest to maintain it.

Article 39 of the Civil Procedure Act

Attorney Han general Construction Co., Ltd. on the completion of

Seoul High Court Order 85Ra66 dated August 6, 1985

The reappeal is dismissed.

We examine the grounds for reappeal.

The challenge system against a judge is a system to exclude a judge from a trial of a specific case where it is difficult for the judge to attain fairness in a specific case in order to secure trust in a trial. If the judge is involved in the trial of the case because the main case in which the judge in charge of the challenged judge in this case was cultivated to another trial division and thus the judge does not participate in the trial of the case, the motion for challenge is just and the order of the court below which dismissed the re-appellant's appeal in the same purport is just, and there are no reasons falling under each subparagraph of Article 11 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the precedents are not appropriate in this case. The arguments

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Tae-tae (Presiding Justice)