Go to Content Area :::

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

Home Sitemap 中文版
   

Decisions

Home > Decisions > Docket Search > Before 2022
:::
:::
  • Interpretation
  • No.114
  • Date
  • 1966/07/06
  • Issue
    • Shall the reinstatement of a civil servant*s former office upon expiration of the disciplinary suspension period be excluded from application to the one whose duty has been suspended before the passing of a resolution of discipline?
  • Holding
    •        The reinstatement of a disciplined public servant when his or her suspension period has expired, as prescribed by Paragraph 2, Article 4, Paragraph 2, of the Public Functionaries Discipline Act, does not exclude cases where the person*s duty has been suspended before the passing of a resolution to discipline.
  • Reasoning
    •        The reinstatement provided in Article 16, Paragraph 3, of the Public Functionaries Discipline Act is meant to restore the position that was summarily suspended before the passing of a resolution to discipline; while the reinstatement provided in Article 4, Paragraph 2, of the same Act is meant to restore the position upon execution of a suspension order, the nature of the two are somewhat different. Since Article 4, Paragraph 2, of the Public Functionaries Discipline Act expressly provides for reinstatement upon expiration of the suspension, any person who was suspended should not be excluded from the law*s application merely because he or she has been suspended before the passing of a resolution to discipline. 
      
    • *Translated by Robert Huai-Ching Tsai.
Back Top