The Private School Act provides that any civil servant who has the authority to supervise a private school may not serve as director on the board of a private school. J.Y. Interpretation No. 131, which holds that a civil servant who does not have the authority to supervise a private school may not serve as a chairman or a director of a private school without authorization under the law or ordinance is still applicable to a civil servant who does not have the authority to supervise a private school.   	

       Private schools have a duty to educate. The primary business of a private school must be decided by its chairman or directors on the board of the school under the law (See Articles 20, 21 and 51 of the Private School Act and Article 27 of the Civil Code) Such business is not the “business” referred to in Article 14 of the Public Functionary Service Act. Civil servants have an obligation to serve their country faithfully. To maintain impartiality and to prevent the adverse effect of other employment on the performance of his or her civil duty, a civil servant may not take another civil position or conduct other business without authorization under the law or ordinance.   If the competent authority concludes that it is necessary to authorize a civil servant to serve concurrently as a chairman or a director on the board of a private school, the competent authority may enact a statute to regulate such authorization. J.Y. Interpretation No. 131 holds that a civil servant may not serve as a chairman or a director on the board of a private school. This holding is not limited to the personnel currently working in an educational or administrative government agency or to a civil servant who has the authority to supervise a private school. Article 16 of the Private School Act provides that any personnel currently working in an educational or administrative government agency or any civil servant who has the authority to supervise a private school may not serve as a director on the board of a private school. This provision is to enlarge the scope of restriction set forth in Article 17 of the Regulations Governing Private Schools, which provides that any personnel currently working in an educational or administrative government agency may not serve as a director on the board of a private school. Article 16 of the Private School Act does not preclude the application of Article 14 of the Public Functionary Service Act. Therefore, even though the Private School Act has been promulgated, a civil servant who does not have the authority to supervise a private school may not serve as a private school’s president or as a chairman or a director on the board of a private school without authorization under the law or ordinance. J.Y. Interpretation No. 131 is still applicable to a civil servant who does not have the authority to supervise a private school.  

*Translated by Li-Chih Lin, Esq., J.D.