2. Where the intermediary falls under any of the reasons for disqualification under each subparagraph of
Article 35-2;
3. Where the obligations of an intermediary under Article 38 are violated;
4. Where a serious problem occurs to the performance of duties by intention or gross negligence;
5. Where the intermediary has engaged in any unlawful act, such as receiving illegal money or goods in
connection with the performance of his or her duties;
6. If the education prescribed by Ordinance of the Ministry of Justice has not been completed without
good cause;
7. In other cases, when there is a serious reason that makes it impossible to perform the duties of the
intermediary.
(2) The Minister of Justice shall, when he or she intends to revoke qualification of an intermediary
pursuant to paragraph (1), notify the relevant intermediary of the fact of scheduled revocation of
qualification and the grounds therefor. In such cases, an intermediary who has received a notice may
appear before the Ministry of Justice and submit a written opinion on vindication or an explanation.
(3) The Minister of Justice may, where an intermediary has vindicated his or her explanation or has
submitted a written opinion concerning vindication pursuant to the latter part of paragraph (2), hear the
opinions of external experts to decide whether to revoke his or her qualification as an intermediary.
(4) The Minister of Justice shall, where he or she revokes the qualification of an intermediary pursuant to
paragraph (1), immediately notify the person of the fact of revocation of the qualification of an
intermediary and the grounds for such revocation.
(5) Matters concerning the return of qualification certificates of intermediaries whose qualifications are
revoked under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.
Article 36 (Participation of Intermediaries in Investigative Processes)
(1) If the victim of a sexual crime is a victim under the age of 19, etc., a public prosecutor or a judicial
police officer may, ex officio or upon request by the victim or his or her legal representative or counsel,
allow an intermediary to mediate or assist in communication by participating in the investigative process
to facilitate the investigation: Provided, That the same shall not apply where the victim or his or her legal
representative expresses his or her intention to refuse the intermediary's participation. <Amended on Jul. 11,
2023>
(2) A public prosecutor or a judicial police officer shall, prior to investigation into a victim under
paragraph (1), notify the victim or his or her legal representative or counsel that he or she can request
mediation or assistance to communicate through an intermediary.
(3) An intermediary may, prior to the commencement of an investigation, have an interview with the
victim and provide the investigative agency with his or her opinion about the necessity of his or her
assistance.
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