Detention Act Article 91

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