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大法官解釋表頭

(釋字第 69 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.69 
Date 1956/12/5
Issue Shall a civil servant be allowed to relinquish the salary of his or her original post and the benefits received from the public expenditure and draw a salary from his or her concurrent service in the legislature instead?
Holding
1
    Pursuant to Article 14, Paragraph 2, of the Public Functionary Service Act, the sentence “A civil servant who serves concurrently as a legislator shall not draw salaries for both positions and receive benefits from the public expenditure for both” clearly means that a civil servant who is concurrently serving as a legislator may only draw the salary and receive benefits from the public expenditure for his or her original post . However, a civil servant may draw his or her salary and receive benefits from the public expenditure under the circumstance where his or her original post is a non-paid position [or provides no benefits].

'Translated by Lawrence L. C. Lee.

 

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