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  • Interpretation
  • No.207
  • Date
  • 1986/07/18
  • Issue
    • Shall council members of, or the Speaker of, the Provincial or City Councils hold the position of a private academy principal concurrently with their offices as elected representatives?.
  • Holding
    •        Whether elected representatives may hold concurrent jobs depends on whether there are prohibitory provisions in the Constitution or laws that do not infringe upon the Constitution, and on whether the nature of such jobs is compatible with the duties of elected representatives. Principals of private schools and colleges bear great responsibilities and have numerous duties. Thus Article 51, Paragraph 3, of the Private School Act stipulates: "Principals shall be exclusive employees and may not engage in other jobs, except to teach in schools or colleges." The purpose of the foregoing Article is to ensure the all-round handling of administrative matters and development of the educational system; therefore, the members of, or the Speaker of, the Provincial or Yuan-governed City Councils shall not assume the position of school principals. Those who have assumed both positions prior to the proclamation of this Interpretation shall resign from one of the two positions.
  • Reasoning
    •        Whether elected representatives may hold concurrent jobs depends on whether there are prohibitory provisions in the Constitution or laws that do not infringe upon the Constitution, and on whether the nature of such jobs is compatible with the duties of elected representatives. According to this Yuan*s Interpretation No.15, members of the Control Yuan shall not concurrently hold offices as members of the National Assembly. Interpretation No.75 provides that Delegates to the National Assembly shall not concurrently assume the office of government officials. Interpretation No.30 stipulates that members of the Legislative Yuan shall not work as government officials at the same time. However, it does not mean that they may assume positions other than those of government officials; therefore, one needs to consider whether the nature of such positions is compatible with the duties of the members of the Legislative Yuan. The said members shall not hold positions which are incompatible with their duties.
      
    •        Private schools and colleges are responsible for the important task of educating students. In accordance with Article 51, Paragraph 1, of the Private School Act, principals shall handle administrative matters pursuant to the laws, execute the resolutions of the directors, and be subject to supervision by the relevant executive educational bodies. Principals hold great responsibilities and have numerous duties, and, unless they devote all their efforts to their position, may not be able to fulfill all of their duties. In order to prohibit them from holding other positions which could impede their efforts, Paragraph 3 of the same Article expressly provides: "Principals shall be exclusive employees and may not engage in other jobs, except to teach in schools or colleges." The purpose of the foregoing is to ensure the all-round handling of administrative matters and development of the educational system.
      
    •        Members of the Provincial or City Councils are elected representatives according to this Yuan*s Interpretation No.14. Their duties are numerous and burdensome. They not only have to determine provincial or municipal legislations, budgets and the allocation of assets, to review the provincial or municipal annual audits, and to hear and review the provincial or municipal government*s legislative reports, but also have to handle administrative matters and chair meetings. If they assume the position of private school or college principals, they will not only be distracted from handling the school or college*s administrative matters, but will also intermix the authority and duties pertaining to both positions, which are incompatible. Therefore members of, or the Speaker of, the Provincial or City Council shall not concurrently hold the positions of private school or college principals. 
      
    •        Those who have assumed both positions prior to the proclamation of this Interpretation shall resign from one of the two positions. 
      
    • *Translated by THY Taiwan International Law Offices.
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