Local Government Act Article 79

If any of the following applies to a councilor of a special municipality or mayor of a special municipality, the Executive Yuan shall either relieve them of their duties or relieve them of their post; if any of the following applies to a county/city councilor or magistrate/mayor of a county/city, the Ministry of the Interior shall either relieve them of their duties or relieve them of their post; if any of the following applies to a township/city representative or mayor of a township/city, the county government shall either relieve them of their duties or relieve them of their post; the relevant council of the special municipality, county/city council, or township/city council shall also be notified. If any of the following applies to a chief of village, the township/city office or district office shall relieve them of their post. When necessary, supplementary elections shall be carried out in accordance with law:1. When the court has declared the election win to be invalid, or when the court declares the election invalid, thus undermining the eligibility of the winner.2. When the office holder is accused and convicted of sedition, treason, or corruption.3. When the office holder has committed offenses listed in the Organized Crime Prevention Act and is convicted and sentenced to imprisonment.4. When the office holder has committed a crime other than the offenses set forth in the preceding two subparagraphs, and has been convicted and sentenced to imprisonment without probation, and a fine or community service is not imposed in lieu of imprisonment.5. When the office holder is subject to rehabilitative disposition or reformatory education; however, this provision shall not apply to those subject to protective probation.6. When the office holder’s household registration has been transferred outside of the administrative district for not less than four months.7. When the office holder’s civil rights have been deprived and have not been restituted.8. When the office holder is required by the court to be under guardianship or assistance and the court order has not been revoked.9. When there are events that call for the office holder to be relieved of their duties or to be relieved of their post in accordance with this Act.10. When there are other events that call for the office holder to be relieved of their duties or their post under other applicable laws.If the original term has yet to expire and the election agency has yet to announce a supplementary election, the decision to relieve an office holder of their duties or their post shall be revoked if any of the following cases applies:1. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraphs 2 to 4 in the preceding paragraph, and a verdict of “not guilty” is rendered during retrial or extra-ordinary appeal.2. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraph 5 in the preceding paragraph, and the rehabilitative disposition is revoked in accordance with law or reformatory education is rescinded after a new judgement.3. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraph 8 in the preceding paragraph, and the office holder successfully petitions the court to revoke its declaration that the office holder is under guardianship or assistance.
中文原文 地方制度法第79條
直轄市議員、直轄市長、縣(市)議員、縣(市)長、鄉(鎮、市)民代表、鄉(鎮、市)長及村(里)長有下列情事之一,直轄市議員、直轄市長由行政院分別解除其職權或職務;縣(市)議員、縣(市)長由內政部分別解除其職權或職務;鄉(鎮、市)民代表、鄉(鎮、市)長由縣政府分別解除其職權或職務,並通知各該直轄市議會、縣(市)議會、鄉(鎮、市)民代表會;村(里)長由鄉(鎮、市、區)公所解除其職務。
應補選者,並依法補選:
一、經法院判決當選無效確定,或經法院判決選舉無效確定,致影響其當選資格者。
二、犯內亂、外患或貪污罪,經判刑確定者。
三、犯組織犯罪防制條例之罪,經判處有期徒刑以上之刑確定者。
四、犯前二款以外之罪,受有期徒刑以上刑之判決確定,而未受緩刑之宣告、未執行易科罰金或不得易服社會勞動者。
五、受保安處分或感訓處分之裁判確定者。
但因緩刑而付保護管束者,不在此限。
六、戶籍遷出各該行政區域四個月以上者。
七、褫奪公權尚未復權者。
八、受監護或輔助宣告尚未撤銷者。
九、有本法所定應予解除職權或職務之情事者。
十、依其他法律應予解除職權或職務者。
有下列情事之一,其原職任期未滿,且尚未經選舉機關公告補選時,解除職權或職務之處分均應予撤銷:
一、因前項第二款至第四款情事而解除職權或職務,經再審或非常上訴判決無罪確定者。
二、因前項第五款情事而解除職權或職務,保安處分經依法撤銷,感訓處分經重新審理為不付感訓處分之裁定確定者。
三、因前項第八款情事而解除職權或職務,經提起撤銷監護或輔助宣告之訴,為法院判決撤銷宣告監護或輔助確定者。

English translation for reference only; the Chinese text prevails. Not legal advice.