Go to Content Area :::

Decisions

Home > Decisions > Docket Search > Before 2022
:::
:::
  • Interpretation
  • No.205
  • Date
  • 1986/05/23
  • Issue
    • Do the terms of the Guidelines for Examinees stating that the assignment of persons who passed the rank B examination is limited to military officers and the persons who have recently been replaced and resettled and will not be reassigned contradict the Constitution?
  • Holding
    •        The 1983 Specific Examination for the Replacement of Veterans as Public Functionaries is designed for a specific purpose in fact. Its specific purpose is the orderly replacement and resettlement of veterans.  The terms of the Guidelines for Examinees stating that the assignment of persons who passed the rank B examination is limited to military officers and the persons who have recently been replaced and resettled and will not be reassigned are promulgated by the competent authority based on legislations relating to the assistance of the replacement and resettlement of veterans.  The purposes of these terms are to allow the persons passing the examination to obtain employment or acquire qualifications for assuming public service, respectively, in accordance with the original plan of assumption.  These terms do not contradict provisions relating to the protection of the equal rights of the people and the right to take examinations and hold public offices under the Constitution.  Although it is not proper that the examinees of the rank B examination mentioned above include military sergeants while the assignment of persons who pass the examination is exclusive to military officers, there is no question of any contradiction of the Constitution.
  • Reasoning
    •        Article 7 of the Constitution clearly states that the people of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.  The right to take examinations and hold public offices prescribed in Article 18 of the Constitution shall also be deemed equal.  However, the so-called equality mentioned here means substantial equality.  In respect to related matters, a restriction was properly imposed under law for the needs in fact and the purposes of taking examinations, and there should definitely be no contradiction in the above principle of equality.
      
    •        According to Article 12 of the Act for Veterans Affairs, the Specific Examination for the Replacement of Veterans as Public Functionaries is designed for veterans to acquire the qualifications to hold public offices.  The assignment for determining the veterans who need to be so designated shall be carried out by the Veterans Affairs Commission under Article 15 of the then-applicable Examination Act and coordinated with the plan of assumption.  Therefore, Article 9 of the Rules Governing the 1983 Specific Examination for the Replacement of Veterans as Public Functionaries states: The assignment for the persons who passed this examination shall be carried out by the Central Personnel Administration and together with the Veterans Affairs Commission under the Regulations Governing the Assignment of Persons Who Passed the Civil Test and other regulations regarding the assistance for those obtaining employment.  As regards the persons who passed the specific examination, Article 2 of the Regulations Governing the Assignment of Persons Who Passed the Civil Test restricts the assignment to “those who needed to be so designated.”  The so-called related provisions of the assistance for those obtaining employment should include the related provisions of Article 2, Paragraph 2, of the Enforcement Rules of the Act for Veterans Affairs and Articles 3 and 4 of the Act Governing the Replacement and Resettlement of Veterans.  According to their provisions, to accommodate the need for stand-by discharging military personnel and to coordinate with the capacity of replacement and resettlement, the Veterans Affairs Commission may consider the actual situations by setting up an order for replacement and resettlement.  Thus, based on its duty, the Veterans Affairs Commission’s asking to hold this specific examination is for specific needs in fact and has as a special purpose the orderly replacement and resettlement of veterans assuming employment.  The terms of the Guidelines for Examinees stating that the assignment of persons who pass the rank B examination is limited to military officers and the persons who have currently been replaced and resettled and will not be reassigned are promulgated by the competent authority based on legislations relating to the assistance in the replacement and resettlement of veterans.  The purposes of these terms are to render the veterans passing this examination designated for employment within the scope of the original plan of assumption.  Those who obtain qualifications for assuming public service outside the scope of the original plan of assumption may, if willing to wait for opportunities, be retained or promoted.  According to the statements made above, these terms do not contradict provisions relating to the protection of the equal rights of the people and the right to take examinations and hold public offices under the Constitution.
      
    •        Although it is not proper that the examinees of the rank B examination mentioned above include military sergeants while the assignment of persons who pass the examination is exclusive to military officers and is not on the basis of the order of the test results, there is no question of a contradiction of the Constitution incurred.  
      
    • *Translated by Ching P. Shih
Back Top