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  • Interpretation
  • No.97
  • Date
  • 1962/09/07
  • Issue
    • An administrative sanction, which is authorized by an administrative authority, is a notification whose contents include a disciplinary action. Should such administrative sanction conform to legal form or not?
  • Holding
    •        An administrative sanction, which is authorized by an administrative authority, is a notification whose contents include a disciplinary action. This notification is one kind of official document according to the Statute Governing the Forms of Official Documents. Unless expressly stipulated by other regulations, the notification should conform to the applications and restrictions stated in the said Statute. If an official document conforms to the requirement of legal form, it is considered to be a legal notification.
      
  • Reasoning
    •        An administrative sanction, which is authorized by an administrative authority, is a notification whose contents include a disciplinary action. This notification is made because of an official matter and is equivalent to an official document according to the Statute Governing the Forms of Official Documents. Unless expressly stipulated by other regulations, it should conform to the applications and restrictions stated in the said Statute. When a law does not stipulate the form of a document, the document should conform to legal form. These are our interpretations of Article 1; Article 2, Paragraph 1, Subparagraph 5; Article 3; Article 4 and Article 6 of the Statute Governing the Forms of Official Documents.
      
    • *Translated by Lawrence L. C. Lee.
      
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