To inform about the standards for determining "laws and regulations," "public office," and "business" as referred to in Article 14 of the Civil Service Act (hereinafter referred to as the Service Act).

Explanation:

I. In accordance with the Ministry of Personnel's letter No. 1084876512 dated November 25, 108 (2019).

A copy of the original letter and relevant attachments is attached.

II. Article 14, Paragraph 1 of the Service Act stipulates: "Unless otherwise provided by laws and regulations, civil servants shall not

hold other public offices or engage in other business. If they hold concurrent positions in accordance with laws and regulations, they shall not receive concurrent salaries or public funds."

領公費。」

III. The standards for determining the requirements and applicable situations of the aforementioned Article 14 of the Service Act are as follows:

(I) Laws and Regulations:

1. Refers to laws (Acts, Statutes, Ordinances, General Provisions), regulatory orders (Regulations, Rules, Detailed Rules, Measures, Outlines, Standards, or Guidelines), organizational laws (Organizational Acts, Organizational Ordinances, Organizational General Provisions, Organizational Regulations, Organizational Guidelines,

Organizational Self-governing Ordinances, Establishment Lists, and administrative regulations and detailed rules for handling affairs promulgated in accordance with the Organic Act of Central Administrative Agencies), self-governing ordinances enacted by local autonomous entities, and those at the same level as the aforementioned laws and regulations.

織法、組織條例、組織通則、組織規程、組織準則、

2. The content regulated by the aforementioned laws and regulations must clearly stipulate that such positions or businesses

are held by civil servants as representatives of the government, which is sufficient to determine that such positions or businesses

are to be held concurrently by individuals with civil servant status, and only then can they serve as a basis for civil servants to hold concurrent positions.

２、前開法令所規範之內容，須明確規定該等職務或業務

(II) Public Office:

1. According to Interpretation No. 42 of the Judicial Yuan, it refers to members of representative bodies at all levels, civil servants in central and local government agencies, and others who engage in public affairs in accordance with laws and regulations.

2. The term "those who engage in public affairs in accordance with laws and regulations" shall be determined by the competent authorities (agencies) that establish each position based on laws and regulations.

(二)公職部分：

(III) Business:

Based on the comprehensive review of past interpretations of "business" by the Judicial Yuan, disciplinary committees for civil servants, and court judgments, it includes licensed professions such as physicians, lawyers, and accountants, as well as other activities that involve repeatedly engaging in the same type of behavior.

２、前開所稱「依法令從事公務者」，應由各該職務設置

(IV) Other:

1. According to the intent of Interpretation No. 71 of the Judicial Yuan, regardless of whether it is a business in the usual or customary sense, civil servants are not allowed to engage in any activity that interferes with the nature or dignity of their primary duties.

2. Situations that do not fall under the prohibition of civil servants holding other public offices or engaging in other businesses as stipulated in Article 14 of the Service Act include:

(1) Positions established for task forces or temporary needs, as determined by the competent authorities (agencies).

(2) Activities involving repeatedly engaging in the same type of behavior that are of a social public welfare nature.

(3) Activities involving the same type of behavior that are not "regular" or "continuous" in nature.

(4) Civil servants engaging in or participating in activities of a social public welfare nature during their leisure time and handling related matters in accordance with the relevant professional laws and regulations (such as professional registration, joining guilds, etc.).

慣上所稱之業務，祇須與本職之性質或尊嚴有妨礙之

事務，公務員均不得為之。

２、非屬服務法第14條所定公務員不得兼任他項公職或業

務之情形，包括：

(１)經權責機關(構)認定為任務編組或臨時性需要所設

置之職務。

(２)反覆從事同種類行為之事務，係屬具社會公益性質

者。

(３)從事同種類行為之事務，係不具「經常」及「持

續」性者。

(４)公務員於公餘時間因從事或參與社會公益性質之事

務而依各該專業法規辦理相關事宜(如執業登錄、

加入公會等)者。