Go to Content Area :::

Constitutional Court R.O.C. (Taiwan) Logo

Home Sitemap 中文版
   

Decisions

Home > Decisions > Interpretations (before 2022)
:::
:::
  • Interpretation
  • No.92【Under Translation】
  • Date
  • 1961/08/16
  • Issue
    • Is the Public Functionary Service Act is applicable to the directors and supervisors representing civilian shareholders in a state-owned enterprise?
  • Holding
    •        The Public Functionary Service Act is applicable to the directors and supervisors representing civilian shareholders in a state-owned enterprise.
  • Reasoning
    •        Article 24 of the Public Functionary Service Act explicitly provides that the Public Functionary Service Act is applicable to all personnel working for a state-owned enterprise. The directors and supervisors representing civilian shareholders in a state-owned enterprise are personnel working for a state-owned enterprise. Therefore, the directors and supervisors representing civilian shareholders in a state-owned enterprise fall within the scope of government employment (See Interpretations Yuan-tze Nos. 24 and 27). As for Interpretation Yuan-je Tze No. 3486, since it was decided prior to the promulgation of the Act Governing the Management of State-owned Enterprises, it is therefore not applicable to any enterprise whose government capital exceeds 50 percent of the total capital of such enterprise.
      
    • *Translated by Li-Chih Lin, Esq., J.D.
Back Top