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  • Interpretation
  • No.201
  • Date
  • 1986/01/03
  • Issue
    • The Administrative Court in its precedent held that the imposition of administrative sanctions on public functionaries, incommensurable with the damages incurred by civilians, is not subject to administrative appeals or litigations. Does the said precedent contravene the people*s rights of litigation protected by the Constitution?
  • Holding
    •        It has already been explained in this Yuan*s Interpretation No. 187 that public functionaries may initiate appeals or administrative litigations when making applications for retirement and pensions pursuant to the law. The assertion in the first paragraph of Precedent P.T. No.229 (Ad. Ct., 1964) that "the imposition of administrative acts on public functionaries is within the scope of administration, and is incommensurable with the losses incurred by civilians upon the imposition of punishment by the relevant authority" is too broad. Anything contained in the foregoing Precedent that is irreconcilable with the said Interpretation shall be forthwith invalidated upon declaration of the said Interpretation. References to applications for termination of service or retirement by soldiers in the said Precedent do not concern public functionaries* applications for retirement and pensions pursuant to the law - they are irrelevant to the objective of application for this Interpretation and are beyond the scope of interpretation hereof.
  • Reasoning
    •        Applications by public functionaries for retirement and pensions pursuant to the law are an exercise of legal rights in accordance with the law. Such rights shall be protected, and public functionaries may initiate appeals or administrative litigations where there is any dispute arising therefrom. The relevant parts in this Yuan*s Interpretation Yuan-tze Nos. 339 and 1285 shall be amended accordingly; this Yuan*s Interpretation No.187 has already stated that the sections in Precedent P.T. No.98 (Ad.Ct., 1961) that are inconsistent with the present Interpretation are no longer applicable. The assertion in the first paragraph of Precedent P. T. No.229 (Ad. Ct., 1964) that "the imposition of administrative acts on public functionaries is within the scope of administration, and is incommensurable with the losses incurred by civilians upon the imposition of punishment by the relevant authority" does not differentiate between the nature of administrative acts imposed on public functionaries. The assertion is too broad, thus anything contained in the foregoing Precedent that is irreconcilable with the said Interpretation shall be forthwith invalidated upon declaration of and in accordance with this Yuan*s Interpretation No.185. References to applications for termination of service or retirement by soldiers in the said Precedent do not concern public functionaries* applications for retirement and pensions pursuant to the law ─ they are irrelevant to the objective of application for this Interpretation and are beyond the scope of interpretation hereof. 
      
    • *Translated by Wei-Feng Huang of THY Taiwan International Law Offices.
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