行政訴訟,行政處分,台北行政訴訟律師

The ex-wife reported three indecent photos to the lieutenant colonel, and the "removal order" was invalid. Lawyer Li Yusheng explains the process of administrative sanctions and administrative litigation.


Ex-wife’s report of indecent photos of lieutenant colonel totaled 3 times, but the “removal order” was invalid One TV reporter|Liu Songlin, Chen Ruixiang

News link:https://youtu.be/cNsBJdoj488

A lieutenant colonel at the National Defense University was repeatedly reported for violating military discipline. He accumulated two major offenses within a year. Unexpectedly, the school received another report from the lieutenant colonel’s ex-wife. He used a dating app to pass his “private photos” to netizens, which became the last straw. A straw. The People's Council of People's Political Consultative Conference decided that the nude photo incident was detrimental to the military's reputation. He was recorded as a third major demerit and dismissed from his post. He was fined as a lieutenant colonel and was prosecuted. The court held that there was no problem in recording a major demerit, but that the dismissal order had procedural flaws and the judgment was revoked.

Lawyer Li Yusheng from Fidelity Law Firm said that this administrative sanction has not yet taken effect and therefore does not meet the requirements for dismissal. Therefore, the dismissal is illegal. However, if the school later sends the serious punishment to the lieutenant colonel, it will be legally effective. The National Defense University responded that it respects the judicial decision and prefers not to appeal. However, as the lawyer analyzed, as long as there is another meeting to correct the procedures, the fined lieutenant colonel will still not be able to return to the military.

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