The Study of Protection of Choice of Occupation for People with Criminal Record - Focusing on Permanent Restriction

• Main Authors: Hou, Tse-Yuan, 侯策元
• Other Authors: Lee, Yu-Jun
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/rfhfr2

碩士 === 國立暨南國際大學 === 公共行政與政策學系 === 105 === The study mainly discusses the job seekers and/or employees with criminal records who are restricted to the regulation of occupations. After Judicial Yuan made the interpretation of No. 584, it acknowledges the legitimacy of regulations of occupations to forbid the job seekers and/or employees with criminal records from getting the job. The age limit of the restriction may be 2, 3, 5 to 10 years, or even permanent, which hampering human right severely. In order to examine the restriction of occupations in Taiwan from a comprehensive perspective, the study collects the employment restrictions of regulations and classifies them into three categories. First, the permanent restrictions on the type of crime related to the restricted occupation. Second, the permanent restrictions which are not related to the restricted occupation. Third, the restrictions which are not permanent. In Germany, Weimar Constitution firstly put the right to work into the constitution, and developed the theory to protect it—Dreistufentheorie (theory of three stages). Early in United States, the equality right has developed from two-track to three stages theory. The study adopts the judicial review from Germany and United States as foundation, and supplemented by “The Sliding Scale Approach” to try to have a closer examination of the practice of judicial review in Taiwan. After scrutiny of the three categories of restrictions, the first category cannot pass the review of principle of equality and principle of proportionality. The result may violate the constitution and should be re-examined. Besides, most of the occupational regulations set restrictions carelessly to the job seekers and/or employees with criminal record. The regulations are also required to receive a comprehensive inspection because they rarely take the connection between the crime and occupation into consideration.