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  • Interpretation
  • No.390
  • Date
  • 1995/11/10
  • Issue
    • Are the Regulations Governing Factory Set-up Registration constitutional in stipulating that a factory which fails to apply for setup registration, operate the business for proscribed purposes, or violates other related laws and regulations shall be closed or shall suspend operation without specific authorization of law?
  • Holding
    •        A person who violated the obligation imposed by the administrative law while setting up a factory was ordered to suspend or close the business under Article 19, Paragraph 1, of the Regulations Governing Factory Set-up Registration. According to Article 23 of the Constitution and Article 5, Subparagraph 2, of the Standard Act for the Law and Rules, imposing an administrative sanction on people is related to the restriction on the people*s rights. Therefore, it should be regulated under legislative law. If it is authorized by legislative law to issue orders as supplemental regulations, the purpose, content, and scope of the authorization should be concrete and definite. Article 19, Paragraph 1, of the Regulations Governing Factory Set-up Registration provides: "A factory will be ordered to suspend or close business fully or partially by the Construction Bureau if it fails to make a setup application, operate the business for proscribed purposes, or violates other relevant laws and regulations." This regulation is related to the restriction on the people*s rights. However, it lacks the necessary authorization made by the legislative law. Therefore, it is contrary to Article 23 of the Constitution, and should be null and void no later than one year after the date of this proclamation after the promulgation of this Interpretation.
  • Reasoning
    •        A person who violates the obligation imposed by the administrative law while setting up a factory is ordered to suspend or close the business under Article 19, Paragraph 1, of the Regulations Governing Factory Set-up Registration. According to Article 23 of the Constitution and Article 5, Subparagraph 2, of the Standard Act for the Law and Rules, imposing an administrative sanction on people is related to the restriction on the people*s rights. Therefore, it should be regulated under legislative law. If it is authorized by legislative law to issue orders as supplemental regulations, the purpose, content, and scope of the authorization should be concrete and definite. This Yuan has held the same in Interpretations Nos. 313, 360 and 367. In order to regulate the establishment of factories, the Ministry of the Economy issued the Regulations Governing Factory Set-up Registration on July 31, 1991. The administrative sanction imposed by the Regulations is related to the people*s rights as protected by the Constitution. Therefore, the administrative sanction imposed by the Regulations should be authorized under legislative law. Article 19, Paragraph 1, of the Regulations Governing Factory Set-up Registration provides: "A factory will be ordered to suspend or close business fully or partially by the Construction Bureau if it fails to make a setup application, operate the business for proscribed purposes, or violates other relevant laws and regulations." A factory could be ordered to suspend or close business for violating the Regulations. The administrative sanction is related to the people*s right to work and their property rights. However, the provision is neither regulated nor authorized under legislative law. Therefore, it is contrary to Article 23 of the Constitution, and should be null and void no later than one year after the promulgation of this Interpretation.
      
    • *Translated by Professor Chin-Chin Cheng.
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