Civil Service Protection Act Article 17
This English translation was last updated on 2022-06-22, but the Chinese text was amended on 2025-07-09. Later amendments may not be reflected in the translation — please refer to the Chinese text.
A civil servant is obliged to obey the order given by his/her superior within the scope of their supervision and to notify the superior in case that, if he/she thinks, the order is unlawful. The civil servant is obligated to obey the order in case the superior thinks it does not violate any law and it is given to him/her in signed writing. Thus, the subsequent responsibility shall be born by the superior. However, the civil servant is not obligated to obey the order in case it violates any criminal law.While the order is not given by the superior in signed writing in the preceding paragraph, the civil servant may require it given in signed writing. The order will be deemed as a withdrawal in case the superior refuses to give it in signed writing upon the request of the civil servant.
中文原文 公務人員保障法第17條
公務人員對於長官監督範圍內所發之命令有服從義務,如認為該命令違法,應負報告之義務;該管長官如認其命令並未違法,而以書面署名下達時,公務人員即應服從;其因此所生之責任,由該長官負之。
但其命令有違反刑事法律者,公務人員無服從之義務。
前項情形,該管長官非以書面署名下達命令者,公務人員得請求其以書面署名為之,該管長官拒絕時,視為撤回其命令。
但其命令有違反刑事法律者,公務人員無服從之義務。
前項情形,該管長官非以書面署名下達命令者,公務人員得請求其以書面署名為之,該管長官拒絕時,視為撤回其命令。