(5) The term of office for the Chairman and Committee members shall be two years, and
their term of office may be only once extended; provided, however, that public official
Committee member appointed under Subparagraph 1 of Paragraph (3) shall remain in the
Committee while he/she holds the public official title.
(6) In order to conduct efficiently the dispute settlement, the Dispute Mediation Committee
may, if necessary, establish a petit panel which is composed of five or less Committee
members in each sector of mediation cases as stated by the Presidential Decree. In this
case, the resolution of the petit panel delegated by the Dispute Mediation Committee shall
be construed as that of the Dispute Mediation Committee.
(7) The Dispute Mediation Committee or a petit panel shall be open with more than half of
its members present, and its resolution shall be made by the affirmative votes of the
majority of present members.
(8) The Minister of Public Administration and Security may designate a specialized
institution so as to support the Dispute Mediation Committee with the operation of its
secretariat as provided by the Presidential Decree.
(9) The matters necessary to operate the Dispute Mediation Committee except those stated by
this Act shall be provided by the Presidential Decree.
Article 41 (Guarantee of Members' Status)
None of the Committee members shall be dismissed or discommissioned against his/her will
except when he/she is sentenced to the suspension of qualification or a heavier punishment,
or unable to perform his/her duties due to mental or physical incompetence.
Article 42 (Exclusion, Challenge and Refrainment of Member)
(1) Any Committee member, if applicable to any of the following Subparagraphs, shall be
excluded from participating in the deliberation and resolution of a case requested for
dispute mediation (hereafter in this Article referred to as the "case"):
1. Where a Committee member, his/her spouse, or his/her former spouse is a party to the
case, or a joint right holder or a joint obligator with respect to the case;
2. Where a Committee member is or was in a kinship with the party of the case;
3. Where a Committee member gives any testimony, expert opinion or legal advice with
respect to the case; or
4. Where a Committee member is or was involved in the case as an agent or representative
of the party.
(2) Any party may, when he/she finds it difficult to expect a fair deliberation and resolution
from the Committee members, file a challenge application with the Chairman. In this case,
the Chairman shall determine the challenge application without any resolution of the
Dispute Mediation Committee.
- 23 -