(1) Where a member of the Immigration Detention Review Committee (including any sectoral committee established pursuant to Article 66-14; hereinafter the same shall apply in this Article) (hereafter referred to as a "member" in this Article) falls under any of the following subparagraphs, he or she shall be excluded from the deliberation and resolution of the Immigration Detention Review Committee:
1. Where the member, or any corporation, organization, or law office to which the member belongs, is or has been an agent, or has provided legal consultation, advice, or other assistance, to a party to the relevant agenda item (hereinafter in this Article referred to as an “agent, etc.”);
2. Where the member is or has been a relative, as defined in Article 777 of the Civil Act, of a party to the relevant matter or of his or her agent, etc.;
3. Where a member, or the corporation, organization, or law office to which the member belongs, has given testimony, made a statement, or provided advisory, research, service, or appraisal work in connection with the relevant agenda item.
(2) Where a member falls under any ground for exclusion under paragraph (1), or where there exists any circumstance that makes it difficult to expect fair deliberation and resolution by a member, a party may file an application for challenge with the Immigration Detention Review Committee, and the Committee shall decide whether to grant the challenge by resolution. In such cases, the member subject to the challenge shall not participate in the resolution.
(3) Where a member falls under any ground set forth in paragraph (1) or (2), the member shall voluntarily recuse himself or herself from the deliberation and resolution on the relevant agenda item.[This Article Added on Mar. 18, 2025]