從德國運動公務員法制論我國運動公務員兼職法規之修正

A discussion as part-time duty for athletes who being civil servants within Sportbeamtenverhältnis in Germany and amendment regulations of 2022 in Taiwan

德國運動公務員制度透過賦予公務員身分，讓運動員兼顧訓練與工作，並認為此制度為鼓勵運動、展現國家文化的有效方法之一。而我國修正前之公務員服務法第14條規定，本於公務員一人一職之原則，促其專心從事公務，避免影響本職工作之遂行，原則禁止公務員兼職。雖2022年1月施行之國民體育法第22條新增第3項規定，排除公務員服務法之適用，以解決如東京奧運羽球金牌王齊麟、李洋兩人在2021年引起之代言風波。然同年5月公務員服務法修正草案三讀通過、並自6月22日施行後，修正後第15條結合規範密度，就兼職等已新增規定。本文除借鏡德國法制外，將簡析公務員服務法對具公職身分運動員兼職規範，兼論國民體育法修正影響，期供我國未來研議相關政策或法規之參考。

Civil servants in Taiwan can’t be part-time duty. In judicial practice in Taiwan, they also must dedicate themselves to their profession with full personal commitment. And they have to carry out the office assigned to them unselfishly to the best of their conscience. However, the main constraint regulations Article 13 or 14 of Civil Servant Work Act has long been criticized by scholars. In addition to the uncertain legal concepts, specification clarity inadequate, outdated or unethical provisions make civil servants into the plight and rely on those in power to interpret the law. However, Civil Servant Work Act amendment bill has passed its third legislative reading in May, 2022. New Article 15 is all about part-time duty. In Germany, Sportbeamtenverhältnis could solve part-time duty and so on for athletes who being civil servants. This special employment relationship is part of the general, state sports promotion system. But, the origin of this relationship lies in the interest of the Federal Republic of Germany in a successful German high-performance sport. After 1978, Sportbeamtenverhältnis that for police officers is successful. But anyone who takes up a dual career with the Federal Police will find themselves in a system of state sports funding, competitive sports operations under association law and police enforcement services under official law. Each of the three areas is a wide-ranging system with its own rights and obligations. The sports official finds himself in this tension between the different interests and has to take them into account. Therefore, it’s worthy to discuss these relationships involving of Sportbeamtenverhältnis from Germany that such as being an athlete or a civil servant, all of the roles and its practices could impact a lot for implementation of part-time duty for civil servants in Taiwan. And this special relationship or mechanism of legal issues also need further discussion. This article would like to put forward research and analysis opinions by the draft amendment of Civil Servant Work Act in Taiwan and case of Sportbeamtenverhältnis from Germany, as well as the corresponding suggestions for the reference of interested party of sport industry.