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  • Interpretation
  • No.95
  • Date
  • 1962/02/28
  • Issue
    • Does the restriction stipulated in Article 17, Paragraph 2, of the Public Functionaries Appointment Act apply to a public servant who is guilty of derelict behavior after appointment?
  • Holding
    •        The restriction stipulated in Article 17, Paragraph 2, of the Public Functionaries Appointment Act applies to a public servant who is guilty of derelict behavior after appointment .
      
  • Reasoning
    •        Article 17, Subparagraph 2, of the Public Functionaries Appointment Act stipulates the negative qualifications of a public servant. Article 2 of the Public Functionaries Disciplinary Act stipulates reasons that are limited to illegal use of position and other derelict behavior. The main purposes of the Functionaries Appointment Act and the Public Functionaries Disciplinary Act are different. A person who is guilty of the abovementioned acts cannot be a public servant. However, if such acts are committed by an appointed public servant, he can be removed from office based on the legislative purpose. Pursuant to J.Y. Interpretation No.66, if a public servant has been granted probation after being found guilty of corruption, he is still considered a public servant after the expiration of the probation. However, he will be demoted and his salary will be reduced (See Yuan Tzu Interpretation No. 2451).
      
    • *Translated by Lawrence L. C. Lee.
      
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