Court issues final ruling in favor of Kuo Kuan-ying

By Yang Kuo-wen and Jake Chung  /  Staff reporter, with staff writer

Fri, Sep 07, 2018 - Page 3

The Supreme Administrative Court yesterday ruled that former Taiwan Provincial Government secretary for foreign affairs Kuo Kuan-ying (郭冠英) would not be deprived of his pension.

Kuo applied for the post and was accepted in March 2014 by the now-abolished Provincial Government Office.

The provincial government was accused of opening a back door for Kuo, as he did not have to go through a personal interview and scored the lowest in a pre-employment test.

The job secured Kuo a government pension after just four months, which he would have lost as he had not worked for the government since 2009 after being dismissed from his position as director of the information division at the Taipei Economic and Cultural Office in Toronto in 2009.

The court upheld a previous ruling by the Taipei High Administrative Court, which said that interviews were the purview of government agencies.

As the lack of a personal interview was not an isolated case, the Ministry of Civil Service should process Kuo’s retirement and begin paying his pension, the Taipei High Administrative Court ruled.

The ministry appealed, but the Supreme Administrative Court’s ruling yesterday said Kuo is eligible for a monthly pension of NT$60,000.

Yesterday’s ruling was final.

Kuo’s dismissal from the Canadian office was due to comments he made in 2009 using a pseudonym, Fan Lan-chin (范蘭欽), referring to himself as a “high-class Mainlander” and calling ethnic Taiwanese “taibazi (台巴子, Taiwanese rednecks).”

The Control Yuan issued a notice of correction to the ministry regarding the pension Kuo was to receive and the ministry contacted the Ministry of Justice to ascertain whether regulations of the Administrative Procedure Law (行政程序法) applied.

The civil service ministry last year said that Kuo’s employment with the provincial government was made null after the justice ministry said that the act was inapplicable.

The decision meant Kuo was ineligible for the pension.

Kuo filed a complaint with the Civil Service Protection and Training Commission, which denied his claim, prompting Kuo to file an administrative suit against the civil service ministry.