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  • Interpretation
  • No.73
  • Date
  • 1957/03/13
  • Issue
    • Shall an employee working for a state-owned company be recognized as a public servant and still hold official status before assignment to the private sector after a schedule of privatization has been initiated?
  • Holding
    •        When a government-owned enterprise organized under the Company Law is converted into a private enterprise, although the transfer date is announced to ensure the rights, duties and the stability of the government-owned enterprise, the transferring enterprise is not considered to be a private company unless the amount of shares held by the private sector is above 50% pursuant to Article II (4) of the Statute Governing the Conversion of State-owned Enterprises into Private Enterprises.  Therefore, an employee appointed under the original regulations is still recognized as a public functionary under the criminal law until the conversion of the government-owned enterprise into a private enterprise has been completed.
      
    • *Translated by Lawrence L. C. Lee
  • Reasoning
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