The Ministry of Civil Service will draft a legal amendment aimed at preventing civil servants from using retirement as a method to escape punishment, Minister of Civil Service Chang Che-chen (張哲琛) said.
The issue came to the forefront this month when former High Court justice Chen Yi-nan (陳貽男) was impeached by the Control Yuan for allegedly abusing his position by accessing personal information about a female colleague last year in an attempt to woo her.
However, when the Control Yuan ordered on March 6 that the Civil Servants’ Disciplinary Committee punish Chen, it was revealed that Chen had retired in January and therefore could not be punished, and he was entitled to a monthly pension of NT$98,000 (US$3,320).
At a meeting of the legislature’s Judiciary and Organic Laws and Statutes Committee on Monday, Democratic Progressive Party Legislator Wu Yi-chen (吳宜臻) called on the Examination Yuan to find a way to close this loophole, which Wu said would set a bad precedent.
Wu said the ministry should consider amending the legal statutes so that there are no more loopholes and create a mechanism so a judge’s monthly pension could be rescinded or recalled. Wu added that judges do not currently fear the law because they know they can retire if they run into trouble.
Wu said this cavalier attitude leaves the public with the impression that judicial reform is hopeless, adding that any loophole that allows judges to escape punishment is unacceptable.
Article 7 of the Discipline of Civil Servants Act (公務員懲戒法) states: “Civil servants with cases pending decision in the Civil Servants’ Disciplinary Committee may not be laid off or apply for retirement. Civil servants under impeachment by the Control Yuan are subject to the same aforementioned treatment.”
However, Chang said Chen’s application for retirement was made before the Control Yuan impeached him.
Chang said the ministry would discuss potential legal amendments internally as well as with other judicial and administrative organizations to combat a further recurrence of a similar situation.
Lu Ming-tai (呂明泰), director of the Department of Retirement and Survivor Relief, said similar loopholes existed for township committee members all the way to vice ministers.
Currently the ministry is debating an amendment to the Civil Servants Retirement Act (公務人員退休法) that would insert a clause stipulating that if prosecutors file legal action against a civil servant pertaining to charges that infringe on national benefits, that person’s pension would be frozen until a verdict was reached, an official said.
Translated by Jake Chung, Staff Writer
DIPLOMATIC MOVES: Beijing is reportedly pressing the state after reports of forming links with Taiwan, while the ministry is also planning to reopen its office in Guam soon A representative office is set to open in Somaliland at the end of this month, at the earliest, the Ministry of Foreign Affairs (MOFA) said yesterday amid reports that Beijing is sending a diplomatic delegation to the east African country. The ministry on July 1 announced that Taiwan and Somaliland would establish representative offices, following a report by the Somaliland Chronicle Web site. It said at the time that the two nations did not plan to establish formal ties. Somaliland President Muse Bihi Abdi has instructed close confidants to explore the possibility of “mutual recognition between Taiwan and Somaliland,” the Somaliland Chronicle reported
‘IMMORAL, INSINCERE’: Huang Kun-huei said that Ma was ‘distorting history’ in claiming that Lee Teng-hui laid the foundation for the so-called ‘1992 consensus’ Former Presidential Office secretary-general Huang Kun-huei (黃昆輝) on Saturday rejected former president Ma Ying-jeou’s (馬英九) claim that former president Lee Teng-hui (李登輝) had been a proponent of Beijing’s “one China” principle. Lee, who served as president from 1988 to 2000, died in Taipei on Thursday last week. After visiting the Taipei Guest House on Saturday to pay his respects to Lee, Ma posted on Facebook that “28 years ago on this day” Lee hosted a session of the now-defunct National Unification Council, during which he passed a resolution on the “one China” principle. That resolution became the basis of the Chinese Nationalist Party’s
NEW ERA: Taiwan, which has controlled its virus outbreak, now faces the challenge of safely resuming economic exchanges with other nations, Chang Shan-chwen said People should not focus entirely on having zero new confirmed COVID-19 cases in Taiwan, but neglect overall control over the disease situation, Central Epidemic Command Center (CECC) specialist advisory panel convener Chang Shan-chwen (張上淳) said yesterday. Chang made the remark at a forum in Taipei discussing the steps Taiwan should take in the post-pandemic era, organized by the Chinese-language magazine Global Views Monthly. Chang, Centers for Disease Control (CDC) Director-General Chou Jih-haw (周志浩), and Stanford University’s Center for Policy, Outcomes and Prevention director C. Jason Wang (王智弘) each made a presentation, followed by a panel discussion with Chang, Wang and Buddhist Tzu
A Belgian man who tested positive for COVID-19 in Taiwan last week is likely to have contracted the disease in Taipei in late June, National Taiwan University (NTU) College of Public Health vice dean Tony Chen (陳秀熙) said yesterday. The Central Epidemic Command Center (CECC) on Saturday reported that the man, who is in his 20s, came to Taiwan for work on May 3 and tested positive on Wednesday last week as he was about to depart. The man in March reported loss of taste and smell, the center said, adding that he worked in Changhua County, but visited Taipei several times,