A Review of the Legal System of Right to Remedy of Public Officials in Government-Owned Enterprises - Focusing on Staffs in Government-Owned Enterprises Appointed According to the Laws

• Main Authors: Yueh-Chih Ho, 何月只
• Other Authors: Ling-Ching Fu
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/33269445420731237229

碩士 === 中原大學 === 財經法律研究所 === 100 === The scope of Public Enterprise is very extensive and complicated, and the task property of it is quite different than the general administrative organization too. Moreo-ver, based on its business characteristic, it can be mainly divided into traffic business, manufacturing business and financial business. And the civil servants are called respec-tively Rank Personnel, Categorized Position Personnel and Financial Personnel.Although article 84 of Labor Standards Act has created “a civil servant who also has the legal status of a worker”, yet civil service laws and regulations shall govern such matters as appointment,discharge,wage, salary, award and discipline retirement, survivors compensation and insurance (including that for occupational accidents). Although the clause 3 of article 102 of Civil Service Protection Act has included “the personnel appointed by public enterprises according to laws” shall apply mutatis mutandis to the act, yet according to the opinion of Civil Service Protection and Training Commission, among the employees of Public Enterprise organization, they are not protected under the Civil Service Protection Act except those appointed according to civil servant or enterprise personnel related to the appointment law; therefore, some Public Enterprise personnel cannot look for remedy according to the remedy procedures as specified in Civil Service Protection Act. In this study, several cases for the civil servant in Public Enterprise to submit the remedy show the differences in the right of remedy for the civil servant among Public Enterprises to highlight the issues arise when civil servant of Public Enterprise are not applicable to Civil Service Protection Act. The reason that personnel in Public Enterprise are not the target of protection of Civil Service Protection Act is because Public Enterprise civil servant appointing act is not law or is not rule or regulation that is authorized by the law. Moreover, since the ex-planation of the clause 3 of article 102 of Civil Service Protection Act is limited to “ap-pointing according to laws”, hence, the final cause is the issue of civil servant appointing law and principle of reservation of law. Therefore, in this study, observation is going to be made from the theory of duty Relationship under public law for civil servant of Pub-lic Enterprise and the current situation of civil servant appointment legal system in Public Enterprise, and discuss the review standard of the principle of legal reservation, the final goal is to investigate if the appointing law meets the requirement of the principle of legal reservation.