No.779  (2019.7.5)

1. Does Article 39, Paragraph 2 of the Land Tax Act, exempting the tax on the price appreciation of land violate Article 7 of the Constitution protecting the right to equal protection? Does the Ministry of Finance T’ai Ts’ai Shui Letter No. 0900457200 issued on November 13, 2001, not exempting the npn-urban land designated as road and used for transportation purposes from the tax on the price appreciation of land violate Article 7 of the Constitution protecting the right to equal protection? 2. The Executive Yuan, Council of Agriculture Nung Ch’i Letter No. 900102896 issued on February 2, 2001 states that, as the public roads under the Public Roads Act are not land for agriculture, Article 37, Paragraph 1 of the Agricultural Development Act does not apply to exempt such roads. Does the letter violate Article 19 of the Constitution that requires taxation by statutes and Article 23 of the Constitution that requires that persons’ rights and obligations be provided for by statutes?

No.776  (2019.4.12)

Is indefinite map-overlay control over the adjacent land resulting from the combined application of two Letters, namely the Ministry of the Interior Letter Nei-Ying-727291 of 1989 regarding the set-up of a parking area in the adjacent vacant land with map-overlay control and applying for change in the use of a building, and the Ministry of the Interior Letter Nei-Ying-907380 of 1991, which provides that an expiration date shall not be attached to the letter of consent for land use required by Article 30 of the Building Act, with its scope in practice being expanded to include the application for a “usage alteration license,” contrary to the purport of property right protection as guaranteed by Article 15 of the Constitution?

No.774  (2019.1.11)

Can individuals whose properties are not within the scope of the proposed modification of an urban planning project seek judicial remedies, if the modification may cause harm to his or her rights or legal interests?

No.769  (2018.11.9)

Do the provisions in Articles 44 and 46 of the Local Government Act regarding the use of open ballot system for the election of county/city council’s speaker and deputy speaker comply with the spirit and intent Article 129 of the Constitution and Article 9, Paragraph 1 of the Additional Articles of the Constitution?

No.768  (2018.10.15)

1. Does Article 1 of the Medical Personnel Management Act violate the principle of clarity and definiteness of law (Rechtsbestimmtheitprinzip)? 2. Do Article 1 of the Medical Personnel Management Act as well as the text of Article 28, Paragraph 1, Subparagraph 2 and Paragraph 2 of the Civil Service Employment Act, which restrict a physician of both the Republic of China (Taiwan) and foreign nationalities from serving as the public medical care institute physician employed with the civil servant status and ought to relieve the duty of those who already have been employed, violate the intent of Article 18 of the Constitution on the protection of people’s right of holding public offices? 3. Do Article 20, Paragraph 1 of the Nationality Act and the Medical Personnel Management Act, which provide no exception to remove the limitation on a person of both the Republic of China (Taiwan) and foreign nationalities to serve as the public medical care institute physician employed with the civil servant status, violate the intent of Article 7 of the Constitution on the protection of people’s right to equality?

No.767  (2018.7.27)

Is Article 13, Subparagraph 9 of the Drug Injury Relief Act, which excludes patients having the common and foreseeable adverse drug reactions from drug injury relief, in violation of the principle of clarity and definiteness of law (Rechtsbestimmtheitprinzip), or the principle of proportionality?

No.766  (2018.7.13)

Is Article 18-1 of the National Pension Act, amended on June 29, 2011, which stipulates that the survivor’s pension is paid monthly from the month of application and meeting the requirements, in violation of Article 15 of the Constitution to protect property rights and right to existence?

No.765  (2018.6.15)

Does Article 52, Paragraph 1, Subparagraph 8 of the Enforcement Rules of the Land Expropriation Act, as promulgated by the Ministry of the Interior on April 17, 2002, violate the Gesetzesvorbehalt principle?

No.764  (2018.5.25)

Insofar as Article 8, Paragraph 3, First Sentence of the Statute of Privatization of State Enterprises applies to those reemployed who had previously held public servant status, does settling the payment based on their years of services violate their right to hold public office and the right to equality?

No.763  (2018.5.4)

Is Article 219, Paragraph 1 of the Land Act, which does not require the competent authority to notify periodically the original landowner of the subsequent use of the expropriated land and, as a consequence, renders the original landowner unable to obtain sufficient information to exercise the right of redemption, inconsistent with the due process in administrative procedure required by the Constitution and unconstitutional for violation of Article 15 of the Constitution which guarantees the people’s right to property?

No.762  (2018.3.9)

Is the first part of Paragraph 2 of Article 33 of the Criminal Procedure Code, which prevents a defendant from gaining timely access to all dossiers and exhibits in the case, unconstitutional?

No.761  (2018.2.9)

1.Does applying mutatis mutandis the litigation procedure rules for recusal of judges to the recusal of Technical Examination Officer at the Intellectual Property Court violate the principle of statutory reservation and the principle of clarity of law? 2. Would the right to litigation protected under the Constitution be harmed if the law does not disqualify judges at the Intellectual Property Court who have heard the civil or criminal intellectual property cases from hearing the administrative litigation concerning the same intellectual property?

No.760  (2018.1.26)

Does Article 11, Paragraph 2 of the Police Personnel Management Act constitute disparate impact discrimination in the qualification for assignments of regular trainees who have passed the Grade Three Special Examination for Police Personnel?

No.759  (2017.12.29)

       Which court shall adjudicate disputes where surviving relatives of staff employed by the former Taiwan Provincial Water Supply Company Ltd. claim survivors’ compensation?

No.758  (2017.12.22)

       Should a case filed by a landowner pursuant to Article 767, Paragraph 1 of the Civil Code be a dispute arising from a relationship in private law to be adjudicated by ordinary courts, not being influenced by the fact that the means of attack and defense of the two parties involve disputes arising from a relationship in public law?

No.757  (2017.12.15)

Whether the Petitioner of J.Y. Interpretation No. 706 can directly use the payment receipt issued by the Execution Court as input tax certificate?

No.756  (2017.12.1)

1. Does Article 66 of the Prison Act violate the freedom of secrecy of correspondence protected under Article 12 of the Constitution? 2. Does Article 82, Subparagraphs 1, 2 and 7 of the Enforcement Rules of the Prison Act exceed the authorization of the enabling statute, namely the Prison Act? 3. Does Article 81, Paragraph 3 of the Enforcement Rules of the Prison Act violate the Gesetzesvorbehalt principle in Article 23 and freedom of expression in Article 11 of the Constitution?

No.755  (2017.12.1)

    According to Article 6 of the Prison Act and Article 5, Paragraph 1, Subparagraph 7 of its Enforcement Rules, inmates are not allowed to seek remedies in court. Does the foregoing contradict Article 16 of the Constitution, which protects the people’s right to judicial remedy?

No.754  (2017.10.20)

       Does filing one import declaration form to evade import duty, commodity tax, and business tax constitute one single conduct or multiple conducts? Do the combined penalties for the tax evasions violate the principle of double jeopardy embraced by a rule-of-law nation?

No.753  (2017.10.6)

1.Does the Gesetzesvorbehalt principle apply to the contract with the National Health Insurance Healthcare Providers? Do the relevant provisions of the National Health Insurance Act authorizing the Competent Authority to issue Regulations Governing Contracting and Management of National Health Insurance Medical Care Institutions (“Contracting and Management Regulations”) violate the principle of clarity and definiteness of statutory authorization? 2.Do provisions of the abovementioned Contracting and Management Regulations concerning contract suspension, refusal of reimbursement, offsets of the period of suspended contract, and deductions of medical expenses exceed the scope of authorization by the enabling statute? 3.Do provisions of the abovementioned Contracting and Management Regulations concerning contract suspension, refusal of reimbursement, and offsets of the period of suspended contract violate the principle of proportionality under the Constitution?

No.752  (2017.7.28)

Are Article 376, Subparagraphs 1 and 2 of the Code of Criminal Procedure unconstitutional in forbidding certain cases from being appealed to a court of third instance?

No.751  (2017.7.21)

1. Article 26, Paragraph 2 of the Administrative Penalty Act stipulates that an administrative penalty may be imposed on top of a final disposition of conditional deferred prosecution. Is it a violation of the Constitution? Article 45, Paragraph 3 of the same Act provides that a payment made [for a conditional deferred prosecution] may be deducted from the penalty on an offense committed before the 2011 Amendment of the same Act but yet to be punished. Is it a violation of the Ex Post Facto principle or the doctrine of legitimate expectation? 2. Does [the old version of] Article 26, Paragraph 2 of the Administrative Penalty Act, which took effect on February 5, 2006, apply to a final disposition of conditional deferred prosecution?

No.750  (2017.7.7)

       Are the provisions that require a graduate from an overseas department of dentistry to successfully complete training in clinical practice at a medical institution accredited by the competent authorities so as to be eligible to take part in a dentist examination unconstitutional?

No.749  (2017.6.2)

Are the provisions in the Road Traffic Management and Penalty Act that disqualify a taxi driver who was convicted of certain crimes during the time period for professional practice for a fixed period of three years and that revoke all categories of driving license held unconstitutional?

No.748  (2017.5.24)

Do the provisions of Chapter II on Marriage of Part IV on Family of the Civil Code, which do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life, violate the Constitution’s guarantees of freedom of marriage under Article 22 and right to equality under Article 7?

No.747  (2017.3.17)

Does the landowner have the right to request the user of his or her land to apply for expropriation of the land surface right to the competent authority, if that party carries out road construction by tunneling under or passing over the land to the extent that goes beyond the scope of social responsibility that the owner may be expected to bear, resulting in special sacrifice on the landowner?

No.746  (2017.2.24)

(1) Both Article 20 of the Tax Collection Act and Article 51, Section 1 of the Estate and Gift Tax Act impose a failure-to-pay surcharge on the taxes payable but not paid on time. Are these provisions unconstitutional? (2) Ministry of Finance Letter of Tai-Tsai-Shui No.790445422 (April 8, 1991) and Letter of Tai-Tsai-Shui No. 811680291 (October 9, 1992) hold that, if a taxpayer files an administrative appeal against the amount of additional taxes payable as determined by the petition decision but does not pay one-half of such taxes until after the payment deadline, a failure-to-pay surcharge shall be imposed for that half of the taxes. Are these two Letters unconstitutional? (3) Article 51, Paragraph 2 of the Estate and Gift Tax Act provides that the interests on the taxes payable and the failure-to-pay surcharges shall accrue from the next day of the payment deadline. Is it unconstitutional？

No.745  (2017.2.8)

（I）Is it unconstitutional to disallow earners of salary income to deduct the full amount of their expenses? （II）The letter ruling issued by the Ministry of Finance characterizes the hourly pay earned by adjunct university teachers as salary income rather than as income earned by a practitioner (zhixing yewu suode). Is this letter ruling a violation of the constitutional principle of taxation in accordance with the law?

No.744  (2017.1.6)

Are Article 24, Paragraph 2 of the Statute for Control of Hygiene and Safety of Cosmetics and its punishment as provided in Article 30, Paragraph 1 of the same Statute unconstitutional?

No.743  (2016.12.30)

Whether lands expropriated for the mass rapid transit system may be used for joint development plan?

No.742  (2016.12.9)

Is it permitted to challenge by filing an administrative appeal or initiating court proceedings in an administrative court a specific part of an urban plan modification based on a periodic Comprehensive Review of the urban plan, if that specific part either directly restricts the rights and privileges of specific individuals within a certain region or of an identifiable group of individuals, or imposes additional obligations on such individuals?

No.741  (2016.11.11)

When an individual person petitions this Court for an interpretation of the Constitution and this Court declares a statute or regulation that has been applied by the court of last instance in its final judgment or ruling to be unconstitutional but invalid only after the expiration of a prescribed period of time, may the petitioner rely on the Interpretation announced by this Court to seek a retrial of the case or other redress? May the Prosecutor General rely on the Interpretation rendered by this Court to make an extraordinary appeal?

No.740  (2016.10.21)

Whether a service contract for the solicitation of insurance business between an insurance solicitor and the insurance company to which the solicitor belongs is a labor contract under Article 2 Sub-paragraph 6 of the Labor Standards Act?

No.739  (2016.7.29)

Is the requirement set forth in Article 8, Paragraph 1 of the Regulation for Encouraging Landowners to Handle Urban Land Consolidation (hereinafter “the Encouraging Consolidation Regulation”) to apply for the approval of organizing a preparatory committee by the initiators constitutional? Are the provisions set forth in Article 9, Subparagraph 3 and Article 20, Paragraph 1 of the Regulation which mandate that the preparatory committee shall apply for the approval of the proposed consolidation range, Article 9, Subparagraph 6 and Article 26, Paragraph 1 of the same Regulation which mandate that the preparatory committee shall apply for the approval of the consolidation project, publicly announce, and notify to the landowners constitutional? Are the procedures under the same Regulation regarding that the competent authorities approve the proposed consolidation range and grant a permission to implement the consolidation project constitutional? Is the ratio for reaching an agreement set forth in Article 58, Paragraph 3 of the Equalization of Land Rights Act constitutional?

No.738  (2016.6.24)

Is it constitutional for Point 2, Section 1, Subsection 1 of the Operating Procedures on the Issuance of Electronic Gaming Arcade Classification Identification for the Electronic Gaming Industry to stipulate that the operating facilities of electronic gaming arcades shall be in compliance with the Self-governing Ordinance? Is it constitutional for Article 5, Paragraph 1, Section 2 of the Taipei City Electronic Gaming Arcades Installation and Management Self-governing Ordinance, Article 4, Paragraph 1 of the Taipei County Electronic Gaming Arcades Installation Self-governing Ordinance (now invalid), and Article 4, Paragraph 1 of the Taoyuan County Electronic Gaming Arcades Installation Self-governing Ordinance (continuously in effect as of December 25, 2014 by promulgation) to respectively regulate that an electronic gaming arcade should maintain a distance of 1,000, 990 or 800 meters away from certain locations?

No.737  (2016.4.29)

Is it unconstitutional that the criminal suspect and his or her counsel only have access to factual issues cited in the detention motion at investigatory stage according to Article 33 Paragraph 1 and Article 101 Paragraph 3 of the Criminal Procedure Code?

No.736  (2016.3.18)

Is Article 33 of the Teachers Act unconstitutional? Does a teacher have the right to bring an administrative suit against his/her school’s specific administrative actions?

No.735  (2016.2.4)

Is a no-confidence motion stipulated under Article 3, Paragraph 2, Subparagraph 3 of the Amendments to the Constitution of the Republic of China permitted to be proposed during an extraordinary session of the Legislative Yuan convened due to other specific matters?

No.734  (2015.12.18)

The Waste Disposal Act authorizes competent authorities to publish the types of act which could be characterized as an act of environmental pollution. Is it consistent with the Constitution to regard the official notices published thereunder, recognizing the unapproved placement of advertisements in designated areas and by a designated manner as an act of pollution?

No.733  (2015.10.30)

Does the Section 2 of Article 17 of the Civil Associations Act regarding“ A chair person shall be elected from the standing directors by the vote of directors and, if no such position of standing directors is set, then selection shall be made by the vote among the directors.”violate the Constitution?

No.732  (2015.9.25)

Is it unconstitutional that the provisions at issue allow competent authorities to expropriate adjacent lands, which are not necessarily required for transportation, in accordance with applicable laws for the purpose of land development?

No.731  (2015.7.31)

If the portion of the Contested Requirement, which stipulates that those who wish to apply for compensation in land in lieu of cash “shall within the period of the public announcement of the expropriation” submit their application, is unconstitutional, because the date of the public announcement of the expropriation is used to calculate the period during which individuals who are served a written notice of expropriation issued after that date may apply?

No.730  (2015.6.18)

Is Article 19, Section 2 of the Implementing Regulations of the Act Governing the Retirement of Public School Teachers and Employees unconstitutional?

No.729  (2015.5.1)

Can the Legislative Yuan request investigation files held by the Prosecution?

No.728  (2015.3.20)

The Act Regarding Ancestor Worship Guilds provides that the qualifications of successors of ancestor worship guilds established before the promulgation of the Act shall abide by their guild charters. Are such provisions of the Act constitutional?

No.727  (2015.2.6)

       Is the rule that authorizes the competent authority to nullify the resident certificates and related rights and interests of resident military householders who disagree with the reconstruction of old military dependents’ villages unconstitutional?

No.726  (2014.11.21)

Is a separate labor-management agreement for working hours and other issues without filing for approval and record subject to the restrictions under the Labor Standards Act?

No.725  (2014.10.24)

An Interpretation that declares a statute or regulation unconstitutional but invalid only after a period of time currently has no effect on cases for which the Interpretation was sought. Is this unconstitutional?

No.724  (2014.8.1)

Is the provision of the Enforcement Regulations for the Supervision and Guidance of Civil Association of All Levels which specifies that the directors and supervisors of a civil association which has been set a time limit for correction shall cease exercising their powers and authorities unconstitutional?

No.723  (2014.7.25)

Is it unconstitutional to promulgate regulations to prescribe the two-year period for declaring National Health Insurance Medical Service Points?

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