Prison Act Article 127

A member of the petition review panel having any of the following situations should recuse himself/herself in the petition case and may not participate in voting on a decision:1. The member is or was the spouse, blood relative within fourth degree of kinship, relative-in-law within third degree of kinship, parent, or family members of the petitioner;2. The member is or was the agent, defense attorney, or assistant of the petitioner;3. The member is the petitioner or the respondent of petition currently filed by the petitioner, or was the respondent of a petition previously filed by the petitioner.Where there are specific facts showing that the member of the petition review panel may be biased in regards to the petition, the petitioner may apply to the petition review panel for recusal of the member from the case by citing reasons and facts.The application in the preceding paragraph shall be determined by the petition review panel.Where the petitioner disagrees with the petition review panel’s decision to reject the application, the petitioner may file a request to the Ministry of Justice for review and decision within five (5) days. Except where there is a legitimate reason, the Ministry of Justice shall take appropriate actions within ten (10) days.Where the petitioner disagrees with the Ministry of Justice’s decision in its review, it may only state his/her objection when initiating an administrative litigation against the actual decision.Where a member of the petition review panel has a situation described in Paragraph 1 but fails to recuse himself/herself and the petitioner has not applied for the member’s recusal, the Ministry of Justice shall order the recusal of the member based on its authority.