Judges Act Article 55
Unless consented by the Disciplinary Chamber of the Judiciary, the judge whose case has been forwarded by the Judicial Yuan or the Control Yuan for disciplinary action or submitted by the Judicial Yuan to the Control Yuan for review shall not apply for retirement or layoff before the judgment rendered becomes final and binding or the review is completed.Where the judge in the disciplinary proceeding who is over the age of seventy on the day when the judgment becomes final and binding without being rendered with the disposition of dismissal from office or heavier penalty, and has applied for retirement within six months after the judgment becomes final and binding, the retirement benefits calculated based on his/her years in service until the day before reaching the age of seventy shall be paid to the disciplined judge, which shall apply mutatis mutandis to Subparagraphs 1 to 3, Paragraph 1 of Article 78.Upon receiving the forwarded case referred to in the preceding paragraph, the Disciplinary Chamber of the Judiciary shall provide transcripts of the referral paper to the court with which the judge concerned is affiliated and to the civil service agency.
中文原文 法官法第55條
法官經司法院或監察院移送懲戒,或經司法院送請監察院審查者,在判決確定生效或審查結束前,不得申請退休或資遣。
但移送懲戒後經職務法庭同意者,不在此限。
經移送懲戒之法官於判決確定生效時已逾七十歲,且未受撤職以上之處分,並於判決確定生效後六個月內申請退休者,計算其任職年資至滿七十歲之前一日,準用第七十八條第一項第一款至第三款規定給與退養金。
職務法庭於受理第一項之移送後,應將移送書繕本送交被移送法官所屬法院及銓敘機關。
但移送懲戒後經職務法庭同意者,不在此限。
經移送懲戒之法官於判決確定生效時已逾七十歲,且未受撤職以上之處分,並於判決確定生效後六個月內申請退休者,計算其任職年資至滿七十歲之前一日,準用第七十八條第一項第一款至第三款規定給與退養金。
職務法庭於受理第一項之移送後,應將移送書繕本送交被移送法官所屬法院及銓敘機關。