「NATIONAL HUMAN RIGHTS COMMISSION OF KOREA ACT」 (2) The provisions of Article 36 (5) through (7) shall apply mutatis mutandis for the purpose of paragraph (1) of this Article. [This Article Wholly Amended on May 19, 2011] Article 38 (Exclusion, etc. of Commissioners) (1) Any commissioner (including any member of the mediation committee under Article 41: hereafter the same shall apply in this Article)who corresponds to any of the following subparagraphs shall be excluded from deliberation and resolution on a petition: 1. Where the commissioner or any person who is or was his/her spouse is the party of the relevant petition or the joint holder of any rights or joint obligor of any duties with the said party in regard to the relevant petition; 2. Where the commissioner is or was a blood relative of the party of the relevant petition; 3. Where the commissioner has testified or appraised the relevant petition; 4. Where the commissioner participates or participated in the relevant petition as an agent of the party; 5. Where the commissioner has participated in any criminal investigation or trial with respect to the relevant petition or relief procedures under any other Act. (2) Where there exist circumstances wherein the participation of a commissioner would prejudice the fairness of deliberation and resolution, the party may file an application to the chairperson of the Commission to recuse such commissioner, and the chairperson of the Commission shall, in turn, make a decision thereon without referring the request to the Commission for resolution: Provided, That if it is inadequate that the chairperson of the Commission makes the decision, the said request shall be referred to the Commission for the resolution. (3) Any commissioner may voluntarily recuse himself/herself from deliberation and resolution on the relevant petition, where he/she falls under either any of the subparagraphs of paragraph (1) or paragraph (2). [This Article Wholly Amended on May 19, 2011] Article 39 (Dismissal of Petition) (1) The Commission shall dismiss a petition if the content thereof turns out to fall under any of the following subparagraphs as a result of investigation: 법제처 19 국가법령정보센 터