教師退休金制度改革釋憲文之法律原則論點評議

Comments on the Legal Principles’Viewpoints in the Interpretation of the Constitution for the Reform of the Teachers’Retirement Pay System

政府於2017年8月制定《公立學校教職員退休資遣撫卹條例》，大幅調降教師退休金，引發強烈抗議。司法院於2019年8月公布釋字第783號解釋文，各界對於該解釋文有許多不同意見。本論文之目的在檢視大法官的法律原則論點，並加以評議。
本論文歸納七項結論，包括：聲請人與相對人（行政院）訴求重點不同，其次，大法官在層級化財產權保障、教師之信賴利益、法律不溯及既往、比例原則、政府負支付保證責任等法律原則之論點，有商榷之處；此外，大法官的違憲審查過於寬鬆，可能影響其公正形象。依據上述結論，提出四項建議，供教師退休金制度改革參考。

The government enacted“the Act of Retirement, Severance, and Bereavement Compensation of the Public Schools Teaching and Other Staff Members”in August 2017. That Act significantly reduced teacher retirement pay, which caused strong protests from teachers. In August 2019, the Judicial Yuan published the Constitutional Interpretation No. 783. Regarding that Interpretation, many people had different opinions with the Grand Justices. The purpose of this paper was to examine and comment on the legal principle arguments of the Grand Justices.
There were seven conclusions drawn as follows: The petitioner and the counterparty (Executive Yuan) have different appeals. Secondly, the Grand Justices’arguments on legal principles such as hierarchical property rights protection, teachers’trust interests, non-retroactivity of laws, the principle of proportionality, and the government’s liability to guarantee payment were questionable. In addition, the Grand Justices’constitutional review was so slack, which may affect their impartial image. Based on the above conclusions, four suggestions were put forward for reference in the future reform on teachers’retirement pay system.