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大法官解釋表頭

(釋字第 308 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.308 
Date 1992/11/13
Issue Are public schools teachers in the category of public functionaries as referred to the Public Functionary Service Act?
Holding
1
    Public schools teachers are not in the category of public functionaries as referred to in Article 24 of the Public Functionary Service Act. However, the Public Functionary Service Act shall apply to teachers who serve concurrently as administrators of school affairs in their administrative offices. The Interpretation Yuan-je Tze No. 2986 is hereby supplemented. Under Article 34 of the Act Governing the Appointment of Educators, full-time teachers are not permitted to undertake other employment while employed in that capacity unless otherwise provided for by laws.
Reasoning
1
    Unlike public functionaries who serve in accordance with applicable laws and obey their supervisors, teachers in public schools are engaged under a contract of appointment to perform educational and research work and therefore do not belong to the category of public functionaries as referred to in Article 24 of the Public Functionaries Service Act. However, if teachers also serve concurrently as administrators of school affairs, the Public Functionaries Service Act shall apply to these teachers in respect of their administrative offices. The Interpretation Yuan-je Tze No. 2986 states that teachers of public primary and secondary schools and salaried municipal librarians are public functionaries as referred to in Article 24 of the Public Functionary Service Act, but public schools teachers are not, requires further supplementation to clarify the position of appointed teachers. Teachers' behavior shall be governed by applicable laws and the appointment contracts and regulated by the rules of ethics. Unless otherwise provided by laws, full-time teachers are not permitted to hold other employment concurrently under Article 34 of the Act Governing the Appointment of Educators.

'Translated by John C. Chen, Attorney at Law.
Opinion Chinese only
 

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