教師「行為違反相關法令情節重大」案例暨相關問題探討：兼論教師申請再聘之審議運作

Case Study on Inappropriate Behaviors Constituting Severe Breach of Law for Teachers and Reviewing the Application Process for Reappointment

本文旨在探討教師因「行為不檢有損師道」遭解聘或不續聘後，重行提出再聘申請所衍生的相關問題。研究方法係採裁判案例與文獻分析法。本文從教師「行為不檢有損師道」及「行為違反相關法令，經有關機關查證屬實」的法規範解釋出發，並考察行政實務處理教師申請再聘審議運作。從研究中發現，各校教評會成員過於單一，缺乏多元參與，未能清楚掌握相關法概念之解釋與適用，於事實涵攝過程亦有濫用「判斷餘地」之嫌，主管機關對上述問題之處理亦採低密度審查。面對此種運作上的困境，本文認為應強化組織與程序保障功能、增加教評會成員的多元性，並定期辦理法制講習，以及課予教育主管機關高密度的審查義務，以符教師人事法制。

This study examined the application process for teachers’ reappointment after they have been “investigated and verified by the authorities concerned to have impaired their professional dignity and status as a teacher by behaving inappropriately， and were thus dismissed or did not have their appointment renewed.” This study investigated the interpretation of legal norms using legal precedents for the following concepts: inappropriate behavior by a teacher impairing their professional dignity and status and unlawful behavior that has been investigated and verified by the concerned authorities. Teacher review committees in schools comprise members from similar backgrounds; thus， they lack diversity， resulting in not only the incorrect application of related legal norms but also an “administrative area of judgement” that has been excessively exercised in factual perception. Moreover， concerned authorities use the “low-density review” approach to address cases. This study suggests that organizational and procedural safeguards be strengthened for teachers’ application process for reappointment. Teacher review committees should have increased diversity among members and should enhance their capacity by organizing regular legal seminars. Moreover， education authorities should exercise “high-density review” to fulfill the administrative standards of teacher-related personnel systems.