Annotated Republic of China Case Law/Judicial Yuan Interpretation No. 584

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Judicial Yuan Interpretation No. 584

Judicial Yuan Interpretation No. 585→

Date

17 September 2004

Issue

The Road Traffic Management and Penalty Act banning those having committed certain crimes from driving taxicabs is unconstitutional? The petitioner has committed attempted murder and could not register to drive a taxicab for hire. The administrative litigation has been denied, thus petitioning constitutional interpretation.

Holding

People's right to work is constitutionally protected (Article 15), subject to certain limits (Article 23)　to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare.　Therefore, Section 1 of Article 37 of the Road Traffic Management and Penalty Act banning those having committed certain felonies from driving taxicabs for hire would be constitutional.

Effect

Those having committed certain felonies must find other jobs.

References

• Translation by Raymond T. Chu
• Constitution of the Republic of China, Articles 7, 15, 23
• Annotated Republic of China Laws/Road Traffic Management and Penalty Act, Article 37