Interpretation
J.Y. Interpretation |
NO. 81
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Date |
1958/12/17 |
Issue |
Shall a member of the Control Yuan serve concurrently as a director, supervisor and manager of a privately owned enterprise? |
Holding |
1 The corporate affairs carried out by directors, supervisors and managers of a privately owned enterprise shall fall within the scope of business administration referred to in Article 103 of the Constitution. |
Reasoning |
1 Article 103 of the Constitution specifically provides that a member of the Control Yuan can not serve concurrently as a member of the Control Yuan and a civil servant or business administrator. The reason for prohibiting a member of the Control Yuan from serving concurrently as a member of the Control Yuan and a civil servant or business administrator is that a member of the Control Yuan should remain impartial (unprejudiced) in exercising his or her power of supervision. A restriction is thus imposed upon the members of the Control Yuan. Directors, supervisors and managers of a privately owned enterprise are persons who administer the corporate affairs of the enterprise. The corporate affairs carried out by directors, supervisors and managers of a privately owned enterprise are in conflict with the power of supervision exercised by a member of the Control Yuan. Therefore, the corporate affairs administered by directors, supervisors and managers of a privately owned enterprise shall fall within the business administration restriction imposed upon a member of the Control Yuan under Article 103 of the Constitution. 'Translated by Li-Chih Lin, Esq., J.D.
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