| 英文摘要 |
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. |
