Implementing Regulation Of The Judges Act Article 32

This English translation was last updated on 2012-07-05, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.

“The seniority of a tenured judge” as referred to in Article 78 of the Act, means the following situations:(1) The seniority of judges or prosecutors under Articles 2 and 86 of the Act.(2) The seniority of the Secretary General of the Judicial Yuan transferred from a judge or prosecutor position under Article 72, Paragraph 3 of the Act.(3) The seniority of judicial administrative staff transferred from tenured judgeship under Article 76 of the Act and the seniority of administrative positions at the Ministry of Justice or the Training Institute for Judges and Prosecutors, Ministry of Justice under Article 89, Paragraph 1, which applies, mutatis mutandis, Article 76 of the Act.(4) The seniority of the Minister of Justice or Deputy Minister of Justice transferred from a judge or prosecutor position under Article 89, Paragraph 10 of the Act.(5) The seniority of the position where the seniority and remuneration are expressly stipulated by the law to be calculated in accordance with those of a comparable judge or prosecutor.
中文原文 法官法施行細則第32條
本法施行前已繫屬於行政法院之本法第四十七條第一項第二款、第三款職務案件,仍由行政法院依行政訴訟法審理。
其上訴、抗告者,亦同。
前項案件及本法施行前行政法院所為本法第四十七條第一項第二款、第三款職務案件之確定裁判,其再審由行政法院依行政訴訟法審理。

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