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 (1999).

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

II. Article 14, Paragraph 1 of the Service Act stipulates: "Civil servants shall not concurrently hold other public offices or engage in other business, except as otherwise provided by laws and regulations. If concurrently holding office or business in accordance with laws and regulations, they shall not receive concurrent salary or public funds."

concurrently hold other public offices or engage in other business. If concurrently holding office or business in accordance with laws and regulations, they shall not receive concurrent salary or public funds."

receive concurrent salary or public funds."

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, Guidelines, Standards, or Criteria), organizational laws (Organic Acts, Organic Ordinances, Organic General Provisions, Organic Regulations, Organic Criteria, Organic Self-governing Ordinances, Establishment Lists, and Rules of Procedure and Detailed Rules for Operations promulgated in accordance with the Organic Act of Central Administrative Agencies), self-governing ordinances enacted by local self-governing bodies, and those at the same level as the aforementioned laws and regulations.

rules, detailed rules, measures, guidelines, standards, or criteria), organizational laws (organic

acts, organic ordinances, organic general provisions, organic regulations, organic criteria,

organic self-governing ordinances, establishment lists, and rules of procedure and detailed rules for operations promulgated in accordance with the Organic Act of Central Administrative Agencies),

local self-governing ordinances enacted by local self-governing bodies, and those at the same level as the aforementioned laws and regulations.

and those at the same level as the aforementioned laws and regulations.

2. The content regulated by the aforementioned laws and regulations must clearly stipulate that civil servants act as government representatives for such positions or businesses, which is sufficient to determine that such positions or businesses are concurrently held by individuals with civil servant status, and only then can it be used as a basis for civil servants to hold concurrent positions.

civil servants act as government representatives for such positions or businesses, which is sufficient to determine that such positions or businesses are concurrently held by individuals with civil servant status, and only then can it be used as a basis for civil servants to hold concurrent positions.

civil servant status, and only then can it be used as a basis for civil servants to hold concurrent positions.

basis for civil servants to hold concurrent positions.

(II) Public Office:

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

and others who engage in public service in accordance with laws and regulations.

2. The term "those who engage in public service in accordance with laws and regulations" as mentioned above shall be determined by the competent authority (organization) that establishes each position in accordance with laws and regulations.

in accordance with laws and regulations.

(III) Business: Based on the comprehensive review of past individual interpretations of "business" by the Judicial Yuan, as well as relevant judgments from the Civil Service Disciplinary Committee and courts, it includes licensed professions such as physicians, lawyers, and accountants, as well as other affairs that involve repeatedly engaging in the same type of behavior.

Civil Service Disciplinary Committee and courts, including licensed professions such as physicians, lawyers,

and accountants, as well as other affairs that involve repeatedly engaging in the same type of behavior.

of behavior.

(IV) Other:

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

affairs, civil servants are not allowed to engage in any affairs that interfere with the nature or dignity of their primary duties.

primary duties.

2. Situations that do not fall under the scope of civil servants being prohibited from concurrently holding other public offices or engaging in business as stipulated in Article 14 of the Service Act include:

engaging in business as stipulated in Article 14 of the Service Act include:

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

organization).

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

nature.

(3) Affairs involving engaging in the same type of behavior that are not "regular" and "continuous" in nature.

nature.

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

professional laws and regulations (such as professional registration, joining guilds, etc.) due to engaging in or participating in social public welfare activities during their leisure time.

leisure time.