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(Opinion of the Challenged Judge, Etc.)

Article 9. The Judge or the Commisioned Judge who is challenged may present a written opinion against the motion for challenge.

(Ruling on Motion for Challenge)

Article 10. When the reason of the motion for challenge is recognized, the Marine Accidents Inquiry Agency shall make a ruling to exclude the Judge or the Commissioned Judge.

2. When the reason of the motion for challenge is not recognized, the Marine Accidents Inquiry Agency shall make a ruling to dismiss it.

3. When a Judge who conducts an inquiry alone is challenged, the collegiate court of Judges of the Local Marine Accidents Inquiry Agency to which the Judge belongs shall make a ruling mentioned in paragraph 1 or 2. However, when the reason of the motion for challenge to the Judge who is challenged is recognized the ruling mentioned above shall be deemed to be made.

4. The Judge who is challenged may take no part in forming the ruling mentioned in paragraphs 1 to 3.

(Motion for Challenge and Suspension of Inquiry Proceedings)

Article 11. When a motion for challenge is made, the Marine Accidents Inquiry Agency shall suspend the proceedings of inquiry without the urgent necessity of it is found in particular.

 

Chapter III. Counsellor

(Qualification for Marine Counsellor)

Article 12. A Marine Counsellor is in need of one of the any qualification presented as follows:

(1) A person who accepted the licence of the First Class Marine Officer (Navigation), the First Class Marine Officer (Engine), or the First Class Marine Officer (Radio), the First Class Marine Officer (Radio Electronics);

(2) A person who occupied the position as a Judge or a Commissioner in the Marine Accidents Inquiry Agency as well as an Assistant Commissioner of the Marine Accidents Inquiry Agency who occupied the possition there not less than three (3) years;

 

 

 

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