論軍事學校與軍費生之法律關係

On the Relations between Military Schools and Military student in Public Law

原本就讀於國防大學的軍費生「阿立」，在一次健康檢查中被學校發現感染愛滋，校方後以該生攜帶未核備的個人電腦設備，及對師長態度不佳等況，以「德行」不良為由予以退學。衛生福利部接到阿立的申訴後，基於捍衛病患免於歧視，與國防大學進行訴訟，至今二年來經司法程序審理後，判決衛福部敗訴。軍事學校與軍校學生關係為何？宜回歸軍事教育條例等相關法令，並以國防大學為例，就軍事學校之教育、學校與軍費生之關係、救濟等進行深論。 Originally studying at the National Defense University's military student “A Li”, AIDS was found in schools during a medical examination. Upon graduation, the school dropped out of school with the unskilled personal computer equipment of the student and his poor attitude toward the teacher. Ministry of Health and Welfare received a complaint from Alli, judging the defeat of the Ministry of Health and Welfare, based on the defense of patients against discrimination and their litigation with the National Defense University so far after two years of judicial proceedings. What is the relationship of Military schools and students? We should return to the relevant laws and ordinances such as the Act of Military Education Military Education Ordinance. Taking the National Defense University as an example, we will conduct an in-depth discussion on the relationship between education in military schools, the relationship between schools and military spending, and relief.