英文摘要
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Lawmakers use indefinite concepts of law, namely, the conferring of the rights to administrations to make proper evaluation and decision. Article 14 of Teachers' Act reads "Specific instances of their not fulfilling a teacher's duties, or being incompetent to teach; or violating their employment contract in a way which constitutes a serious offence," which can result in a teacher's being dismissed, suspended, or denied renewed employment. This decision limits an individual's work freedom. With references to J.Y. Interpretation NO.553 and No. 702, and NO. 27 of 2015 by the Supreme Administrative Court, this paper first demarcates the room of administrative discretion and the level of scrutiny concerning judicial review. Then, the paper contends that judiciary should have room for review. With negative listings being the current norm, it is suggested that "Guidelines for the professional standards for teachers in R.O.C." published by the Ministry of Education can be used as a reference for teachers' professional standards. Besides, based on the due process of administration, suggestions such as the professionalization of investigation team members and the litigant's democratic participation can serve as references for schools to deal with such cases.
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