The Administrative Court Organization Act Article 15-7
The term of office for elected judges, as mentioned in the second Paragraph of the preceding Article, is two years. The candidates for elected judges and substitutes are selected by a secret ballot in a judge meeting, from the entire board of judges, with priority given to the number of votes from high to low, and in compliance with the method as described in the provisions of the third Paragraph of the preceding Article.If the president is absent, or is not available to serve as the presiding judge for any reason, the vacancy shall be filled by a substitute judge, as mentioned in the preceding Paragraph, and the most senior division chief judge in terms of experience of the Grand Chamber shall serve as the presiding judge; if no division chief judge is available, the most senior court judge in terms of experiences shall fill the vacancy; if more than one judge has the same seniority based on experience, then the judge with the most seniority, based on age, shall serve in the position. If an elected judge of the Grand Chamber is absent or not available to serve as the judge for the Grand Chamber, the vacancy shall be filled by a substitute judge, as mentioned in the preceding Paragraph.If the judge assigned by the court submitting the case, as mentioned in the second Paragraph of the preceding Article, is absent or is not available to serve as a judge of the Grand Chamber, the court submitting the case shall assign another court judge to serve in the position.When there is a change of judges due to a reelection in the Grand Chamber, the legal dispute under review by the Grand Chamber shall remain with the same Grand Chamber until the review has reached its conclusion. If a judge of the said Grand Chamber is absent or not available to serve in the Grand Chamber, the position shall be filled by a substitute judge, who was selected at the time when the legal dispute was submitted to the Grand Chamber.If the recusal at the judgment of the Grand Chamber by a judge of the Grand Chamber who was previously involved in the judgment of the case submitted by the court before the rehearing will result in absence of any judges from the panel of the Supreme Administrative Court previously in charge of the case in the Grand Chamber, the recusal will not be necessary. The request for recusal of a judge in the Grand Chamber shall be ruled by a collegial panel of the Grand Chamber.When the aforesaid ruling prohibits the judge whose recusal is requested from participating, the candidate for substitution shall be based on the stipulations in the second Subparagraph and the third Subparagraph or the substitute judge will be appointed. The substitute shall end on the judgment day of the case for which the recusal is requested. When the President or a judge of the Grand Chamber is absent, the substitute judge shall serve until the end of the original tenure.When the presiding judge or any judge of the Grand Chamber is unable to serve due to circumstances, the substitute judge or the appointee shall serve the tenure of the substitute judge or the appointee's duty for the Grand Chamber last until the conclusion of the circumstances. However, the substitute judge shall serve until the expiry of the original tenure if the remaining tenure is less than three months.
中文原文 行政法院組織法第15-7條
前條第二項之票選大法庭庭員任期二年,其人選、遞補人選,由法官會議以無記名投票,自全體法官中依得票數較高,且符合前條第三項規定之方式選舉產生。
院長出缺或有事故不能擔任審判長時,由前項遞補人選遞補之,並以大法庭庭員中資深庭長充審判長,無庭長者,以其他資深庭員充之,資同以年長者充之。
票選之大法庭庭員出缺或有事故,不能擔任大法庭庭員時,由前項遞補人選遞補之。
前條第二項提案庭指定之庭員出缺或有事故不能擔任大法庭庭員時,由提案庭另行指定庭員出任。
大法庭審理中之法律爭議,遇大法庭庭員因改選而更易時,仍由原審理該法律爭議之大法庭繼續審理至終結止;其庭員出缺或有事故不能擔任大法庭庭員時,亦按該法律爭議提交大法庭時之預定遞補人選遞補之。
大法庭法官曾參與提案庭提交事件再審前之裁判者,如其於大法庭之裁判迴避,將致其原所屬庭無大法庭成員時,無庸迴避。
大法庭法官迴避之聲請,由大法庭以合議裁定之。
前項裁定,被聲請迴避之法官不得參與,其遞補人選依第二項、第三項規定遞補或指定出任;遞補任期至該聲請迴避事件裁判之日為止。
院長或大法庭庭員出缺者,遞補人選之任期至原任期屆滿為止。
有事故不能擔任大法庭審判長或庭員者,其遞補人選之任期或指定出任人選執行大法庭職務之期間,至該事故終結之日為止。
但原任期所餘未滿三個月者,其遞補人選任期,至原任期屆滿為止。
院長出缺或有事故不能擔任審判長時,由前項遞補人選遞補之,並以大法庭庭員中資深庭長充審判長,無庭長者,以其他資深庭員充之,資同以年長者充之。
票選之大法庭庭員出缺或有事故,不能擔任大法庭庭員時,由前項遞補人選遞補之。
前條第二項提案庭指定之庭員出缺或有事故不能擔任大法庭庭員時,由提案庭另行指定庭員出任。
大法庭審理中之法律爭議,遇大法庭庭員因改選而更易時,仍由原審理該法律爭議之大法庭繼續審理至終結止;其庭員出缺或有事故不能擔任大法庭庭員時,亦按該法律爭議提交大法庭時之預定遞補人選遞補之。
大法庭法官曾參與提案庭提交事件再審前之裁判者,如其於大法庭之裁判迴避,將致其原所屬庭無大法庭成員時,無庸迴避。
大法庭法官迴避之聲請,由大法庭以合議裁定之。
前項裁定,被聲請迴避之法官不得參與,其遞補人選依第二項、第三項規定遞補或指定出任;遞補任期至該聲請迴避事件裁判之日為止。
院長或大法庭庭員出缺者,遞補人選之任期至原任期屆滿為止。
有事故不能擔任大法庭審判長或庭員者,其遞補人選之任期或指定出任人選執行大法庭職務之期間,至該事故終結之日為止。
但原任期所餘未滿三個月者,其遞補人選任期,至原任期屆滿為止。