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大法官解釋表頭

(釋字第 557 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.557 
Date 2003/3/7
Issue Are the directives issued by the Executive Yuan constitutional in prescribing that the government employees who might be permitted to continue to occupy the public housing units allotted to them as living quarters after retirement shall be restricted to the those who were appointed and retired in accordance with the Public Functionaries Appointment Act and Public Functionaries Retirement Act?
Holding   The provision of public housing units for employees during their period of employment by administrative agencies, public schools or state-owned enterprises, in order to guarantee a standard living condition to their employees, is within their asset management authority under the regulations of the organization. Although employees who have left their positions, due to retirement or transfer, should vacate such housing they have been occupying, they may be permitted to continue such occupation as an expedient measure by the government to look after the welfare of such employees. To perform its duties as the highest executive organ of the State and determine the distribution of the State's limited resources, the Executive Yuan may proclaim relevant rules as are necessary and reasonable, taking into consideration the differences between the Government Employees and Teachers Appointment Act and the State-owned enterprise Employees Appointment Act and their remuneration structures.

  The Executive Yuan Order Tai-Zen-Ji (49) No.6719 of December 1, 1960, permitted retired officials to reside in their public housing units until the Measures Governing Residential Placement of Retired Officials were proclaimed. Order Tai-Zen-Ji (56) No.8053 of October 12, 1967, restricted the phrase "retired officials" referred to in the aforementioned Order to public servants appointed pursuant to the law and to public servants who have applied for retirement in accordance with the Public Functionaries Retirement Act. Letter (74) Ren-Chung (4) No.14927 dated May 18, 1985, which stated that: the statements regarding the allotment of public housing units prior to the amendment of the Management Guidelines, and regarding the permission granted to retired officials to continue their occupation of such housing after the amendment of the said Guidelines until the public housing units are re-allotted do not alter the scope of application of the abovementioned Letter to retired officials. The Taiwan Tobacco and Wine Monopoly Bureau is a state-owned enterprise. Its employees are not appointed in accordance with the Public Functionaries Appointment Act and their retirement is not governed by the Public Functionaries Retirement Act. Therefore such employees are not subjects to whom the Executive Yuan Order Tai-Zen-Ji (49) No.6719 of December 1, 1960, and Letter (74) Ren-Chung (4) No. 14927 of May 18, 1985, apply.
Reasoning   The provision of public housing units for employees during their period of employment by administrative agencies, public schools or state-owned enterprises, in order to guarantee a standard living condition to their employees, is within their asset-management authority under the regulations of the organization. Although employees who have left their positions, due to retirement or transfer, should vacate the public housing units they have been occupying, they may be permitted to continue such occupation as an expedient measure by the government to look after the welfare of such employees. To perform its duties as the highest executive organ of the State and determine the distribution of the State's limited resources, the Executive Yuan may proclaim relevant rules as are necessary and reasonable, taking into consideration the differences between the Government Employees and Teachers Appointment Act and the State-owned enterprise Employees Appointment Act and their remuneration structures.

  The Executive Yuan announced a Guideline through its Order Tai-Zen-Ji (46) No.3058 of June 6, 1957, which applies to the management of administrative agencies, state-owned enterprises and public schools and permits the official employees under the system, who meet the criteria, to apply for the allotment of single or family public housing units. Employees who have been allotted such housing should vacate the housing upon retirement or transfer so they may be re-occupied. Order Tai-Zen-Ji (49) No.6719 of the same Yuan dated December 1, 1960, permitted retired officials to reside continuously in their public housing units until the Measures Governing Residential Placement of Retired Officials' was proclaimed. Order Tai-Zen-Ji (56) No. 8053 of October 12, 1967, restricted the phrase "retired officials" referred to in the aforementioned Order to public servants appointed pursuant to the law and to public servants who have applied for retirement in accordance with the Public Functionaries Retirement Act (Order (58) Ren-Chung (4) No.15768 of December 8, 1969, and Order (61) Ren-Chung (4) No.20733 of July 19, 1972 have the same effect). They are supplementary provisions to the Management Guidelines and the abovementioned Order of 1960 and are consistent with the objectives first mentioned above. As to Letter (74) Ren-Chung (4) No.14927 dated May 18, 1985, it stated that: “the statements regarding the allotment of public housing units prior to the amendment of the Management Guidelines, and regarding the permission granted to retired officials to continue their occupation of such housing after the amendment of the said Guidelines until the housing units are re-allotted do not alter the scope of application of the abovementioned Letter to retired officials.”

  The Taiwan Tobacco and Monopoly Bureau is a state-owned enterprise. It introduced a uniform remuneration program starting from January 1, 1974, and a remuneration rate on January 1, 1980. The uniform remuneration program has taken into consideration all the factors relating to sustenance allowance and provision of public housing units to employees of state-owned enterprises, and is based on a different structure than the remuneration of public servants. Further, Article 33 of the Public Functionaries Appointment Act stipulated that the appointment of state-owned enterprise employees shall be governed by another law. Before the relevant law was introduced, Article 2 of the Public Functionaries Retirement Act and Article 2 of the Enforcement Rule of the said Act prohibited employees of state-owned enterprises from applying for retirement under the said Act (See Interpretation No.270). Employees of the Taiwan Tobacco and Monopoly Bureau are appointed pursuant to the "Taiwan Provincial State-owned enterprise Employees Temporary Appointment Rules," and may apply for retirement in accordance with the "Taiwan Provincial State-owned enterprise Employees Retirement Rules" and the "Taiwan Provincial Government Subordinate Enterprise Employees Retirement Remuneration and Reward Rules." Since the employees of the Taiwan Tobacco and Monopoly Bureau are not appointed in accordance with the Public Functionaries Appointment Act and their retirement is not governed by the Public Functionaries Retirement Act, they are not subjects to whom the Executive Yuan Order Tai-Zen-Ji (49) No.6719 of December 1, 1960, and Letter (74) Ren- Chung (4) No.14927 of May 18, 1985, apply.

' Translated by Wei-Feng Huang of THY Taiwan International Law Offices.
 

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