私立大專院校教師資遣法律問題探討

Research on Legal Issues Involved in Teacher Severance by Private Colleges and Universities

本文研究目的在探討私立大專院校在全球經濟危機及少子女化的影響下，系所招生不足面臨停招或減招，導致資遣教師而引發後續的法律問題。教師資遣係對其工作權的嚴重侵害，從行政實務及司法裁判觀察，私立大專院校及主管機關處理教師資遣時，仍有諸多法律問題尚待釐清。有鑑於此，本文從私立大專院校與教師之法律關係出發，探討教師資遣法體系的適用與解釋；其次，就私立大專院校教師資遣之行政實務與法律問題探討，分析資遣與不適任教師之法規競合、主管機關就私校教師資遣核准之性質，核准前後私法契約之效力及其審查義務；再者，本文亦探究諸多私立大專院校考察教師資遣的司法裁判。從研究中發現，過去主管機關與法院均尊重學校的專業判斷，但晚近裁判則漸採「高密度的審查原則」，此種轉變不僅可提供私立大專院校辦理資遣參考，更可適度導正主管機關「形式審查」的消極態度。

Under the influence of the global economic crisis and low fertility rates, college and university departments in Taiwan have faced insufficient student recruitment and this has forced them to minimize or even stop recruitment. In this study, the legal problems involved in the teacher severance caused by the aforementioned situation were investigated. Laying-off teachers may severely infringe their right to work. Administrative practices and judicial decisions indicate that legal problems related to teacher severance in private colleges and universities are still not clarified. In this study, the legal relationship between teachers and private colleges and universities was examined to investigate the applicability and interpretation of the legal system for teacher severance. Subsequently, the administrative practices and legal problems regarding teacher severance in private colleges and universities were studied to analyze the statutory concurrence of severance about incompetent teachers, nature of authorities’ approval of teacher severance, effectiveness of contracts in private law before and after the approval of teacher severance, and authorities’ obligation toward reviewing teacher severance cases. Furthermore, in this study, many decisions made by the Supreme Administrative Court were analyzed to perform a case study on teacher severance in private colleges and universities. The findings showed that recent decisions on teacher severance were gradually made according to the principle of high-intensity review, even though authorities and courts were previously inclined to conform to the judgements and decisions made by colleges or universities. The shift to high-intensity review provides references for private colleges and universities resolving severance cases and alters the passivity of education administrative authorities in conducting formal reviews.