The first sentence of Article 8 of the Regulations Governing Settlement of Labor Disputes During the Period of National Mobilization for Suppression of the Communist Rebellion states: ” If either party disobeys the ruling of the Labor-Management Arbitration Committee, the competent authority may strictly execute that ruling.”  The meaning of this article is that when the parties do not comply with the intent of the ruling, the competent authority may employ its administrative execution under law.  If there is any dispute, the parties may still ask for a remedy through the legal process.  The article mentioned above does not infringe upon the people’s right to litigation; thus, it does not contradict the Constitution.   Precedent P.T. No. 528 (Ad. Ct. 1971), regardless of the nature of disputes, considers the above ruling as a final decision which can no longer be challenged.  The Precedent is not in accordance with the intention of this Interpretation; therefore, it is no longer applicable.

       The first sentence of Article 8 of the Regulations Governing Settlement of Labor Disputes During the Period of National Mobilization for Suppression of the Communist Rebellion promulgated by the Executive Yuan on November 1, 1947, states: ”If either party disobeys the ruling of the Labor-Management Arbitration Committee, the competent authority may strictly execute that ruling.”  The so-called ruling is of the nature of administrative act; and the so-called strict execution aims at the execution employed by the competent authority under the Administrative Execution Act.  The ruling should not, regardless of the nature of disputes, be deemed as a final decision which can no longer be challenged just because provisions such as this kind of administrative execution existed.  If there is any dispute, the parties may still ask for a remedy through the legal process.  Article 8 of the Measures does not infringe upon the people’s right to litigation; thus, it does not contradict provisions regarding the protection of the people’s right to litigation in Article 16 of the Constitution.

       Precedent P.T. No. 528 (Ad. Ct. 1971), considering the ruling made under the Measures Governing the Settlement of Labor Disputes during the Period of National Mobilization for Suppression of the Communist Rebellion as a final decision which can no longer be challenged after the ruling has been made, is not in accordance with the intention of this Interpretation and, therefore, is no longer applicable. 

*Translated by Ching P. Shih