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大法官解釋表頭

(釋字第 113 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.113 
Date 1966/5/11
Issue Shall the Public Functionary Service Act be applicable to government-contracted employees mutatis mutandis?
Holding   The regulation of contracted employees of the government, except as otherwise provided by law, shall be governed by the Public Functionary Service Act. The section in this Yuan's Interpretation Yuan-je Tze No. 2903 which excludes contracted employees of the government outside the operation of Paragraph 1, Article 13 of the Public Functionary Service Act is no longer applicable.
Reasoning   Although contracted employees of the government are not those who are referred to in Article 24 of the Public Functionary Service Act, as public functionaries receiving a salary from the government, they are people who provide public services under the law. Article 21, Paragraph 2, of the Public Functionary Appointment Act states that "rules for the regulation of contracted employees of the government shall be mandated by the Examination Yuan." Pursuant to the foregoing, the Examination Yuan promulgated, in the second sentence of Article 13 of the Regulations Governing Contracted Employees of the Government, stating that "all the provisions in the Public Functionary Service Act are applicable to contracted employees of the government," the regulation of which, unless otherwise provided in law, shall be governed by the Public Functionary Service Act.

  This Yuan's Interpretation Yuan-je Tze No. 2903 seeks to clarify the relevant laws operative as of June, 1945. With the amendment to the relevant laws, the section in said Interpretation that excludes contracted employees of the government outside the operation of Paragraph 1, Article 13 of the Public Functionary Service Act is no longer applicable.

Translated by Wei-Feng Huang.
Opinion Chinese only
 

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