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大法官解釋表頭

(釋字第 92 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.92 
Date 1961/8/16
Issue Is the Public Functionary Service Act is applicable to the directors and supervisors representing civilian shareholders in a state-owned enterprise?
Holding
1
    The Public Functionary Service Act is applicable to the directors and supervisors representing civilian shareholders in a state-owned enterprise.
Reasoning
1
    Article 24 of the Public Functionary Service Act explicitly provides that the Public Functionary Service Act is applicable to all personnel working for a state-owned enterprise. The directors and supervisors representing civilian shareholders in a state-owned enterprise are personnel working for a state-owned enterprise. Therefore, the directors and supervisors representing civilian shareholders in a state-owned enterprise fall within the scope of government employment (See Interpretations Yuan-tze Nos. 24 and 27). As for Interpretation Yuan-je Tze No. 3486, since it was decided prior to the promulgation of the Act Governing the Management of State-owned Enterprises, it is therefore not applicable to any enterprise whose government capital exceeds 50 percent of the total capital of such enterprise.

'Translated by Li-Chih Lin, Esq., J.D.
Opinion Chinese only
 

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