Early Childhood Education and Care Act Article 23

Other personnel to whom any of the following situations pertains shall be dismissed, discharged from employment, or have their contract terminated by their educare service institution, and the person never again permitted to be appointed or employed as other personnel of educare service institutions:1. The person has been found guilty of a crime as defined in Paragraph 1, Article 2 of the Sexual Assault Crime Prevention Act and convicted with no further right of appeal.2. The municipal or county(city) competent authority has investigated and confirmed that the person has committed a sexual assault.3. The municipal or county(city) competent authority has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as other personnel of educare service institutions.4. The person has been penalized in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of the Sexual Harassment Prevention Act, and the municipal or county(city) competent authority has confirmed that the person has been subject to such punishment, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as other personnel of educare service institutions.5. The person has been penalized in accordance with the provisions of Article 97 of the Protection of Children and Youths Welfare and Rights Act by the competent social welfare authority at each level, and the municipal or county(city) competent authority has confirmed that the person has been subject to such punishment, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as other personnel of educare service institutions.6. The person became aware of an incident that suspected sexual assault has occurred at the educare service institution of employment but did not report the matter in accordance with the provisions of Article 26, thereby leading to a subsequent sexual assault at the institution; or forged, altered, destroyed or concealed evidence of any sexual assault incident committed by any other persons, and any such failure to report or forging, altering, destroying, or concealing of evidence has been investigated and verified by the municipal or county(city) competent authority.7. The person has forged, altered, or destroyed evidence of any other persons committing a dangerous offence involving narcotics or hazardous drugs on campus or at the educare service institution, and this has been investigated and verified by the municipal or county(city) competent authority.8. The person has inflicted corporal punishment on or bullied one or more students or children, causing severe physical or mental injury, and this has been investigated and verified by the municipal or county(city) competent authority, and that it is necessary for that person to be dismissed, discharged from employment, have their contract terminated, and never again permitted to be appointed or employed as other personnel of educare service institutions.9. The person has acted in violation of any pertinent laws or regulations and constitute a suspected harm to children and youth, and the matter has been investigated and verified by the municipal or county(city)competent authority, and that it is necessary for that person to be dismissed, discharged from employment, or have their contract terminated, and never again permitted to be appointed or employed as other personnel of educare service institutions.10. Unfit to serve as other personnel of educare service institutions in accordance with the provisions of other laws.
中文原文 幼兒教育及照顧法第23條
教保服務機構之其他服務人員有下列情形之一者,教保服務機構應予解聘、免職、終止契約關係或終止運用關係,且終身不得聘任、任用、進用或運用為其他服務人員:
一、犯性侵害犯罪防治法第二條第一項所定之罪,經有罪判決確定。
二、經直轄市、縣(市)主管機關調查確認有性侵害行為屬實。
三、經直轄市、縣(市)主管機關調查確認有性騷擾或性霸凌行為,有解聘、免職、終止契約關係、終止運用關係、終身不得聘任、任用、進用或運用為其他服務人員之必要。
四、受兒童及少年性剝削防制條例規定處罰,或受性騷擾防治法第二十條或第二十五條規定處罰,經直轄市、縣(市)主管機關確認,有解聘、免職、終止契約關係、終止運用關係、終身不得聘任、任用、進用或運用為其他服務人員之必要。
五、經各級社政主管機關依兒童及少年福利與權益保障法第九十七條規定處罰,並經直轄市、縣(市)主管機關確認,有解聘、免職、終止契約關係、終止運用關係、終身不得聘任、任用、進用或運用為其他服務人員之必要。
六、知悉服務之教保服務機構發生疑似性侵害事件,未依第二十六條規定通報,致再度發生機構內性侵害事件;或偽造、變造、湮滅或隱匿他人所犯校園或教保服務機構內性侵害事件之證據,經直轄市、縣(市)主管機關查證屬實。
七、偽造、變造或湮滅他人所犯校園或教保服務機構毒品危害事件之證據,經直轄市、縣(市)主管機關查證屬實。
八、體罰、霸凌學生或幼兒,造成其身心嚴重侵害,經直轄市、縣(市)主管機關確認,有解聘、免職、終止契約關係、終止運用關係及終身不得聘任、任用、進用或運用為其他服務人員之必要。
九、行為違反相關法規,有傷害兒童及少年之虞,經直轄市、縣(市)主管機關查證屬實,有解聘、免職、終止契約關係、終止運用關係、終身不得聘任、任用、進用或運用為其他服務人員之必要。
十、其他法律規定不得擔任各該人員之情形。

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