Disciplinary Sanction to Civil Servants in Taiwan
▍1. About the Public Functionary Disciplinary Sanction Commission
The Organic Act of Judicial Yuan provides that the Judicial Yuan shall establish the Public Functionary Disciplinary Sanction Commission. The Commission is in charge of judicial power provided by Article 77 of the Constitution - the disciplinary sanction to civil servants. The Public Functionary Disciplinary Sanction Commission, a one-level and one-instance system, is in charge of disciplinary sanction to civil servants in Taiwan. The Public Functionaries Discipline Act has been amended six times since it is enacted on 8th June 1931, the latest amendment to this Act was on 20th May 2015, with effect from 2nd May 2016. The latest amendment to the Act aimed at improving the substantial efficiency in taking disciplinary actions, dealing with disciplinary proceedings in a court organization, refining the disciplinary proceedings.
Dealing the hearing on a disciplinary court is proposed in the hope of reaching the goal of effective judiciary.
▍2. Composition of the Public Functionary Disciplinary Sanction Commission
According to the J.Y. Interpretation No.162, the Public Functionary Disciplinary Sanction Commission has authority to adjudicate or deliberate administrative cases independently and impartially pursuant to the law without any interference. The Public Functionary Disciplinary Sanction Commission shall establish several divisions depends on the caseloads, dealing with the rulling and adjudiciation of the disciplinary sanction cases. Trials in a disciplinary court are conducted by a panel of five commissioners, the Chief Commissioner of the Public Functionary Disciplinary Sanction Commission shall serve as the Presiding Judge; in another division, the most senior commissioner of the same division, or the eldest of the commissioners of the same seniority, shall act as the Presiding Judge. Therefore, with the new outline of the Public Functionary Disciplinary Sanction Commission, the disciplinary sanction cases are conducted by a panel of commissioners, not by a committee form of organazation. The cases maybe also conducted by divisions, if necessary,depending on the caseloads.
▍3. Disciplinary Sanction Affairs
The Public Functionary Disciplinary Sanction Commission is in charge of the referred disciplinary sanction cases of civil servants. After the impeachment cases against civil servants launched by the Control Yuan, the cases shall then be referred to the Public Functionary Disciplinary Sanction Commission. In general, civil servants below the ninth recommended rank shall be directly referred to the Public Functionary Disciplinary Sanction Commission by the chief of the government agency.
▍4. Dispositions of Disciplinary Sanction on Civil Servants
Under Article 9 of the Public Functionaries Discipline Act, the dispositions of disciplinary sanction on civil servants are as follows:
- Removal from civil servant duties
- Dismissal from office
- Deprivation or reduction of pension/ retirement allowance/ maintenance payment to military officials
- Salary cut
- Recording of demerits
- Release Date : 2019-11-06
- Update : 2019-11-06