Military Personnel Legal Services
Our services in military law cover a wide range of matters, including contract performance disputes in military procurement, protection of servicemembers’ rights, investigations and petitions, cases involving violations of the Code of Military Criminal Law and the Military Punishment Act, disciplinary actions, dismissal from duty, performance evaluations, and discharges due to unsuitability for active service.
Contact Us
Mr. A previously served as a Lieutenant Colonel in the Planning Division under Mr. B. On the night of April 11, *** (ROC calendar year), while serving as the Deputy Executive Officer (Lieutenant Colonel) aboard the ○○ warship of the ○○ Fleet of the Navy, Mr. A hosted a late-night gathering in the officers’ quarters with male and female subordinates and provided alcoholic beverages. After dining and drinking, Mr. A left the quarters, while the two subordinates subsequently engaged in sexual activity and spent the night together in the male subordinate’s bed.
Following a report of the incident, the ○○ Fleet conducted an investigation into the in-barracks drinking and violation of gender propriety. On *** (date), the Fleet Commander (Lieutenant General) approved the convening of a disciplinary review board the next day. The review board determined that Mr. A’s conduct of drinking in the barracks had resulted in subordinate misconduct, which damaged the military’s reputation. The board resolved to impose the punishment of dismissal from post and suspension from appointment for one year.
Based on the Fleet’s recommendation, by Order No. 109000**** dated *** (year/month/day), Mr. B approved the disciplinary decision to dismiss Mr. A and suspend his appointment for one year. On the same date, another order (No. 109000****) further imposed dismissal from service, effective from *** (year/month/day) at 00:00 hours. A third order issued on the same day confirmed Mr. A’s dismissal and one-year suspension from appointment, also effective from the same date. Dissatisfied with these dispositions, Mr. A filed an administrative appeal, which was rejected, and subsequently initiated this administrative litigation.
Through litigation filed by our firm, the Taipei High Administrative Court rendered the following ruling:
The administrative appeal decision and the original dispositions are revoked.
Relevant Legal Provisions:
Act of Punishment of the Armed Forces, Articles 1, 8, 12, 15, 16, 17, and 30.
Administrative Litigation Act, Articles 4, 98, 201, and 241.