Administrative Appeal Act Article 83
Even if the agency with jurisdiction of administrative appeal concluded that the administrative action was improper or unlawful, however, the revocation or modification of the administrative action will cause serious damage against the public interest, after considering the damage suffered by the administrative appellant, the extend of the compensation, and the method of prevention damage and other relevant circumstances, the agency may dismiss the administrative appeal while the agency concluded that the revocation or modification of the administrative action obviously against the public interest.The agency with jurisdiction of administrative appeal shall declare the administrative action was unlawful or improper in the holding of the administrative appeal decision stipulated in last Paragraph.
中文原文 訴願法第83條
受理訴願機關發現原行政處分雖屬違法或不當,但其撤銷或變更於公益有重大損害,經斟酌訴願人所受損害、賠償程度、防止方法及其他一切情事,認原行政處分之撤銷或變更顯與公益相違背時,得駁回其訴願。
前項情形,應於決定主文中載明原行政處分違法或不當。
前項情形,應於決定主文中載明原行政處分違法或不當。