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(釋字第 429 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.429 
Date 1997/6/6
Issue Is Article 4, Paragraph 2, of the Regulations on the Training of Public Functionaries Who Passed the High Level or Ordinary Level Civil Service? Examination, which confers no exemption of practical training, in contravention to the Public Functionaries Examination Act and the Constitution?
Holding
1
    Article 21, Paragraph 1, of the Public Functionaries Examination Act, implemented on January 24, 1986, states that, “Training shall be given to those who pass the high level or ordinary level civil service examinations, according to each respective examinee’s qualified category. Certificates, assignments and appointments shall only be issued or made to those who satisfactorily complete the training.” (The wording in Article 20, Paragraph 1, of the same Act currently in force stipulates the same.) Accordingly, public functionaries, after passing the high level or ordinary level civil service written examination, shall receive training and after receiving satisfactory training scores, shall have completed the examination procedures. Since training is part of the statutory examination procedures, unless otherwise provided in other laws or regulations, no waiver of training shall be allowed. Article 4, Paragraph 2, of the Regulations on the Training of Public Functionaries Who Have Passed the High Level or Ordinary Level Civil Service Examination prescribing that no waiver is allowed for practical training is consistent with said legislative intent [of Article 21, Paragraph 1, of the Public Functionaries Examination Act], and is not in contravention to the Constitution.


Reasoning
1
    Article 21, Paragraph 1, of the Public Functionaries Examination Act, implemented on January 24, 1986, states that, “Training shall be given to those who have passed the high level or ordinary level civil service examination, according to the respective examinee’s qualified category. Certificates, assignments and appointments shall only be issued or made to those who satisfactorily complete the training.” (The wording in Article 20, Paragraph 1, of the same Act currently in force stipulates the same.) Article 21, Paragraph 1, prescribes the procedures of civil service examinations, i.e., after passing the written examination and completing the training, the examination procedure will be completed. Article 21, Paragraph 2, of the same Act authorizes the promulgation of the Regulations on the Training of Public Functionaries Who Have Passed the High Level or Ordinary Level Civil Service Examination in order to ensure the competence of future civil servants and strengthen the connection between examinations and appointments. Article 4, Paragraph 1, of the said Regulations provides that: “The period of training, lasting from four months to a year, can be divided into two portions, basic training and practical training.” Said Article 4, Paragraph 2, further states that: “those current or former public functionaries who qualified after passing the high level or ordinary level civil service examination before the implementation of the said Regulation or completed the basic training after the said implementation, may be exempted from basic training; whereas, the length of the practical training for those exempted public functionaries is the same as that of regular ones.” Consequently, training for qualified candidates who have passed the high level or ordinary level civil service examination can be divided into two parts. The first part of basic training is designed to instill the basic concepts and knowledge of new public functionaries; the second part of practical training is designed to strengthen job-related professional knowledge and skills. Since practical training is based upon special purposes, the fact of whether a given candidate qualified for the high level or ordinary level civil service examination and served in the civil service before, or whether he/she has certain years of experience is not necessarily relevant. Article 4, Paragraph 2, does not make such distinctions and does not provide any exemptions. It shall apply to everyone who qualifies for the high level or ordinary level civil service examination, and is not in contravention to Articles 7 and 18 of the Constitution. Nevertheless, the question of whether examinees who served equivalent civil service as commissioned public functionaries before taking the high level or ordinary level civil service examination in a specific category are absolutely prohibited from waiving the practical training may be further reviewed by the competent authority.

'Translated by Professor Spenser Y. Hor.
 

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