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Chapter 4 Qualifications and Benefits of a Judge
Article 17
A candidate for High Administrative Court judge position should possess one of the following criteria, and must pass the selection or review process plus participate in training to qualify for the position:
1. Has served as a judge in an Administrative Court, the Supreme Administrative Court, or a High Administrative Court.
2. Has served as a recommendation rank or selection rank judicial judge for more than two years, or has served as a recommendation rank or selection rank judicial judge and served as a recommendation rank or selection rank civil servant for a total of more than two years.
3. Has served as a professor, or associate professor for more than eight years in a university, or independent college that is accredited by the Ministry of Education, lecturing on the subject of constitutional law, administration law, tax law, trademark law, patent law, land law, fair trade law, government procurement law, or other administrative laws, and is qualified for recommendation rank or selection rank employment.
4. Has served as a research fellow, or an associate research fellow at the Academia Sinica for a combination of more than eight years, and has publications on the subject of constitutional law or administrative law, and is qualified for recommendation rank or selection rank employment.
5. Has graduated from the undergraduate or graduate program of law, political science, or public administration of a public or duly recognized private university or an independent college, and served as a recommendation rank or selection rank civil servant handling administrative appeals or legal affairs for more than 8 years.
6. Has passed the bar exam and has practiced as an attorney in the field of administrative litigation for more than eight years, and is qualified for recommendation rank or selection rank employment.
The Judicial Yuan shall set up a Selection Committee to administer the selection of candidates who possess the qualifications set forth in Subparagraph 2 of the preceding paragraph for new appointments, and provide them with job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law, prior to their employment. The regulations governing the selection and on-the-job trainings shall be prescribed by the Judicial Yuan.
For those candidates, who possess the qualifications set forth in the Subparagraphs 3 to 6 of the 1st Paragraph and have passed the reviews of the Review Committee set up by the Judicial Yuan, shall undergo pre-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to assuming a position. The regulations governing the review and pre-job training shall be prescribed by the Judicial Yuan.
The Judicial Yuan shall appoint dedicated personnel, and select representatives from the Executive Yuan and the Examination Yuan, scholars, experts and impartial citizens to be members of the Review Committee, as prescribed in the preceding Paragraph, in which the selected Executive Yuan representatives, the Examination Yuan representatives, scholars, experts and impartial citizens shall make up no less than one half of the total number of the committee membership.
Article 18
A candidate for the Supreme Administrative Court judge position should possess one of the following criteria, and must pass the selection or review process plus participate in training to qualify for the position:
1. Has served as a judge in an Administrative Court or the Supreme Administrative Court.
2. Has served as a judge in the Supreme Court, a prosecutor in the Supreme Prosecutors Office, a judge in a High Administrative Court, Intellectual Property Court or its branch, High Court or its branch, or a prosecutor in a High Court Prosecutor Office or its branch for more than four years with a good performance record, and is qualified for selection rank employment.
3. Has served as a judge in a High Administrative Court, Intellectual Property Court or its branch, High Court or its branch, or a prosecutor in a High Court Prosecutor Office or its branch, and has served as a judge who served concurrently as the president of a district court or its branch, or a prosecutor in a district court Prosecutor Office or its branch for a total of more than four years with a good performance record, and is qualified for selection rank employment.
4. Has served as a professor for more than five years in a university, or independent college that is accredited by the Ministry of Education, lecturing on the subject of constitutional law, administration law, tax law, trademark law, patent law, land law, fair trade law, government procurement law, or other administrative laws, and is qualified for selection rank employment.
5. Has served as a research fellow at the Academia Sinica for more than five years, and has publications on the subject of constitutional law or administrative law, and is qualified for selection rank employment.
6. Has graduated from the undergraduate or graduate program of law, political science, or public administration of a public or duly recognized private university or an independent college, and served as a selection rank civil servant handling administrative appeals or legal affairs for more than 6 years.
7. Has passed the bar exam and has practiced as an attorney in the field of administrative litigation for more than twelve years, and is qualified for selection rank employment.
The Judicial Yuan shall set up a Selection Committee to administer the selection of candidates, who possess the qualifications set forth in Subparagraphs 2 and 3 of the preceding paragraph and who are being appointed to a new position from their current position as a judge of a general court, or of an Intellectual Property Court, or a prosecutor of a Prosecutor Office, and provide them with on-the-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to employment. The regulations governing the selection and on-the-job trainings shall be prescribed by the Judicial Yuan.
For those candidates, who possess the qualifications set forth in the Subparagraphs 4 to 7 of the 1st Paragraph and have passed the reviews of the Review Committee set up by the Judicial Yuan, shall undergo pre-job training on the subjects of administrative law, administrative litigation law, trademark law, patent law, and tax law prior to assuming a position. The regulations governing the review and pre-job training shall be prescribed by the Judicial Yuan.
The Judicial Yuan shall appoint dedicated personnel, and select representatives from the Executive Yuan and the Examination Yuan, scholars, experts and impartial citizens to be members of the Review Committee, as prescribed in the preceding Paragraph, in which the selected Executive Yuan representatives, the Examination Yuan representatives, scholars, experts and impartial citizens shall make up no less than one half of the total number of the committee membership.
Article 19
The selection and review process of Judges for an Administrative Court shall take into account the candidates' experience and knowledge in the administrative law profession.
Once a candidate is appointed as a judge of an Administrative Court, annual on-the-job training must be organized to promote the administrative law and its related professionalism, and to improve his adjudicative quality.
Article 20
Unless otherwise provided for in this Act, the Judicial Personnel Ordinance, and other provisions of the law relating to the protection and remuneration for judiciary judges shall apply mutatis mutandis to the protection and remuneration for the judges of an Administrative Court.