| Summary: | 碩士 === 東吳大學 === 法律學系 === 100 === Since the implementation of Teachers’ Act, teachers, except for those dispatched or appointed to certain schools, have been employed via school’s employment procedure. This study, focusing on qualified teachers employed through public school’s employment procedure, investigates the legal questions concerning the employment of teachers at high schools and lower levels.
In practice, the legal relation between public school teachers and public school is regarded as contractual relationship, whose legal attribute is categorized into administrative contract. Yet, different opinions also exist in theory. Therefore, this study first details the legal relation between public school teachers and public school from both practical and theoretical perspectives. Then, administrative contract, civil contract, and administrative disposition are compared and analyzed so as to categorize the legal attribute of the employment contract of teachers at high schools and lower levels. It is reasoned in this study that the employment contract of teachers at high schools and lower levels falls into the category of administrative contract.
This study, on the premise that the employment contract of teachers at high schools and lower levels belongs to administrative contract, investigates the legal elements of the contract and the legal effect of the violation of the contract. The controversy between practice and theory is that when a teacher is dismissed, suspended, or denied a renewed employment, is this decision administrative disposition or the exercise of the contract? Besides, based on Teachers’ Act, the decision of dismissal, suspension, and denial of a renewed employment should be approbated by competent educational authorities. Under the circumstances, how do we categorize the legal attribute of the approbation? Furthermore, if a teacher who is dismissed, suspended, or denied a renewed employment files a lawsuit, who should be placed as the defendant, and what type of lawsuit should be filed ? This study presents a detailed analysis concerning these questions.
Since teachers’ employment contract is categorized into administrative contract, the issues involved belong to the ones in public law. Therefore, one who launches a legal litigation arising from the issue of teachers’ employment contract should seek administrative appeal and administrative litigation as channels to solve problems. Also, since teacher’s appeal system is specified in Teachers’ Act, it offers teachers another way to seek remedies. The study finally discusses the three remedy channels mentioned above in their real practice.
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