Since Article 37-1, Paragraph 2, of the Land Act was enacted in accordance with Article 86, Subparagraph 2, of the Constitution, it does not contravene the Constitution. This has been upheld in J.Y. Interpretation No. 352. The Ministry of the Interior issued the Regulations Governing Professional Land Registration Agents (hereinafter, “the Regulations”) based on the authority of Article 37-1, Paragraph 4, of the Land Act on June 29, 1990. Article 4 of the Regulations provides that “Those who meet any of the following qualifications may apply for the professional agent certificate: (1) pass the professional agent examination or pass the review and approval measures for professional agent；(2) receive the real estate attorney certificate issued by the provincial government (directly or self-governed municipality) or the county/city government；(3) receive the “land registration professional broker card” issued by the provincial government (directly or self- governed municipality) or the county/city government”. This regulation neither goes beyond the scope of the legal authority nor contravenes the Constitution.

       According to Article 23 of the Constitution, restrictions imposed by the government on people’s freedom and rights must be regulated by legislation. However, not all issues regarding people’s rights and freedoms are regulated by legislation. To enforce a statute, detailed and technical issues can be regulated by administrative orders authorized by the statute. As long as the content of the administrative order authorized by the statute does not exceed the scope of authority and complies with the purposes of the statute, the administrative order is permissible by the Constitution.    

       Article 37-1, Paragraph 2, of the Land Act provides that: “The land registration professional agent must pass the Land Registration Professional Agent Examination or pass the review and approval measures for professional agent. Those who have been engaging in the profession of land registration and have received the real estate attorney certificate issued by the government, or have received the “land registration professional broker card” issued by the government before the enforcement of the Act, are allowed to continue to practice. Those who have not received the certificate or the card mentioned above may continue to practice for another five years.” This provision is enacted in accordance with Article 86, Subparagraph 2, of the Constitution. Therefore, it does not contravene the Constitution. This has been upheld in J.Y. Interpretation No. 352. The Ministry of the Interior issued the Regulations Governing Professional Land Registration Agents (hereinafter, “the Regulations”) based on the authority of Article 37-1, Paragraph 4, of the Land Act on June 29, 1990. Article 4 of the Regulations provides that “those who meet any of the following qualifications may apply for the professional agent certificate: (1) pass the professional agent examination or pass the review and approval measures for professional agent；(2) receive the real estate attorney certificate issued by the provincial government (directly or self-governed municipality) or the county/city government；(3) receive the “land registration professional broker card” issued by the provincial government (directly or self-governed municipality) or the county/city government.” This regulation neither goes beyond the scope of the legal authority nor contravenes the Constitution.

*Translated by Professor Chin-Chin Cheng.