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  • Interpretation
  • No.66
  • Date
  • 1956/11/02
  • Issue
    • May a public functionary who is in the period of suspension of punishment still serve in such capacity?
  • Holding
    •        All the conditions listed in Article 3, Paragraph 2, of the Examination Law and Article 17, Paragraph 2, of the Public Functionaries Employment Act stipulate the negative qualifications of a public functionary in accordance with J.Y. Interpretation No.56.   According to the forgoing J. Y. Interpretation, the term “negative qualifications” refers to, among others [Since the word “qualifications” is used here, other crimes besides graft or the taking of bribes must be included in the Law and Act mentioned above.], the act of taking graft, for which criminal act a public functionary has been sentenced by an irrevocable judgment. Even if such public functionary has been granted probation, he or she is not allowed to take a civil service examination or serve as a public functionary until the expiration of the probation period and the announcement of probation is quashed..
    • *Translated by Lawrence L. C. Lee.
  • Reasoning
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