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(釋字第 348 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.348 
Date 1994/5/20
Issue Are the relevant directions issued by the Ministry of Education, which require that publicly funded medical students of Yang-Ming Medical School accept assignments after their graduation and surrender their professional licenses for safekeeping before expiry of their service terms, unconstitutional?
Holding
1
    The Implemental Guidelines on Remuneration of Public-Funded Students of National Yan-Ming Medical School and Assignment after Their Graduation was issued by the Ministry of Education with the approval of the Executive Yuan per the Directive Ref. No. (67)-TC-823 dated January 27, 1978. The said Directions were prescribed by the competent authority to resolve the difficulties that public health and medical institutions have in filling vacancies, and to serve as a basis upon which an administrative contract may be executed with a student who voluntarily accepts a publicly funded medical education. According to the relevant provisions of the said Directions, such students may enjoy various benefits of publicly funded medical education and medical training for doctors. Therefore, Sections 13 and 14 thereof provide to the effect that publicly funded students shall accept assignments to public health and medical institutions after their graduation and that they shall surrender their professional licenses to the assigned institutions for safekeeping before expiry of their service terms. Such provisions are necessary in order to achieve an administrative objective and are not unreasonable. And, the contents thereof have been made part of the contract executed between the school and a publicly funded student. The rights and interests of a publicly funded student are restricted under the contract, but not by the provisions of the said Directions per se. The aforesaid provisions are not found to be unconstitutional.
Reasoning
1
    For the purpose of achieving a specific administrative objective, an administrative agency may, based on its statutory powers and authorities, enter into an administrative contract with any person under which certain payment or performance shall be provided on its part in consideration of reasonable burden or other counter performance under public law on the part of the person accepting such payment or performance, provided, however, that no law is violated or broken. In order to resolve the difficulties that public health and medical institutions have in filling vacancies, the authorities concerned decided to cultivate talent through publicly funded medical education. Hence, the Ministry of Education submitted its plan to the Executive Yuan, which approved the same on January 27, 1978, and issued the Implemental Guidelines on Remuneration of Public-Funded Students of National Yan-Ming Medical School and Assignment after Their Graduation and the Assignment of Such Students’ after Graduation per the Directive Ref. No. (67)-TC-823, as a basis upon which the said plan may be carried out. Section 13 thereof provides to the effect: “Prior to the expiry of the service term, various licenses or relevant certificates will not be awarded or issued; and the professional licenses shall be surrendered to the assigned institutions for safekeeping.” And, Section 14 thereof provides, “During the prescribed service term, a publicly funded student who does not perform his obligation to serve shall pay back any and all public funding enjoyed by him during school in addition to the provisions of Section 13 hereof.” Such provisions are set forth to ensure that a student who voluntarily accepts public funding will perform his contractual obligations to accept the assignment to a public health and medical institution and to complete his service in such institution so that the aforesaid difficulties may be resolved. These provisions are necessary in order to achieve an administrative objective and are not unreasonable. And, the contents thereof have been used as a basis upon which an administrative contract with a student who voluntarily accepts publicly funded medical education is made. Upon execution of the contract (in the form of a letter of volunteer or guaranty) between the school and the publicly funded student, such provisions become part of the contract and both parties thereto should perform the obligations thereunder in good faith. Given the above, the rights and interests of a publicly funded student are restricted under the contract, but not by the provisions of the said Directions per se. The aforesaid provisions are not found to be unconstitutional.

'Translated by Vincent C. Kuan
Opinion Chinese only
 

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