All-out Legal Battle Being Waged in Kaohsiung City| "罷韓連署"二階過關 韓陣營遞狀聲請停止


The second stage of the recall motion against Kaohsiung City Mayor Han Kuo-yu has passed, making Han the first special municipality mayor to face a recall in Taiwan's self-rule era. Han's legal team, which includes Yeh Ching-Yuan and former Kaohsiung City Information Bureau Director Anne Wang, have filed an administrative lawsuit and stay of execution application with the Taipei High Administrative Court. The organization spearheading the recall responded by attacking Han's camp, saying the second stage has already passed and these were moves that should have been taken during the first phase. The organization says it's too late for them. If the recall motion proceeds, a vote will be held in June.


Kaohsiung City Mayor Han Kuo-yu's legal team is petitioning the Taipei High Administrative Court for a stay of execution in the recall motion against Han. The team has also filed an administrative lawsuit.

It is clearly stated in Article 75 of the Civil Servants Election and Recall Act that no recall motions may be filed against a civil servant who has not been in the position for one year. (They) are keeping Han from doing his job; chaos is reigning. This is what happens when the ruling party gets to appoint the chairperson of the Central Election Commission. The chairperson is using his office to serve his own political purposes and perform political favors, and can't do the job the law requires him to do. We hope the courts can issue a fair, just ruling.

Apart from the suit and stay, Han's team has also submitted an administrative appeal to the Central Election Commission. Article 75-1 of the Civil Servants Election and Recall Act, which states "...no proposal of recall may be filed against a civil servant who has not been in the position for one year," is the point of contention between the two sides.

Anyone can exercise their civil and political right to initiate a recall. This is called a proposal. There are no time limits for proposals.

With the two sides waging an all-out legal battle, Han has kept a low profile. In a statement released through the Kaohsiung City Information Bureau, Han said the matter is up to the courts to decide and the motion will not affect municipal affairs.

With the city government's legal team doing what it needs to do, the city government will continue to do its job, including disease prevention.

Han's camp says the recall group had all relevant documents ready to go by the day of Han's inauguration, which shows they decided to employ illegal methods to reverse the election results. If the recall motion proceeds, a vote will be held in June.



高雄市長韓國瑜委任律師葉慶元和前高雄市新聞局長王淺秋,一同到台北高等行政法院,對即將舉行的罷免投票提出行政訴訟,要求停止執行。

前高雄市新聞局長 王淺秋表示:「選罷法75條明定文字,寫得這麼清楚。就是一年之前不得罷免,人家都沒辦法好好工作做事情,違法亂紀在先。所以中選會主委,如果是由政黨特別派任,是不是有它自己個人的政治目的,跟服務的目的?所以沒有辦法依法行政,我們當然希望交由法院,來做一個公平公正的判決。」

除了行政訴訟和停止執行,韓國瑜方面也針對中選會提出行政訴願,而雙方爭議點就在公職人員選舉罷免法第75條第1項,就職後一年內不得罷免的明文規定,不過,罷韓團體提出反擊。

WeCare高雄發言人 尹立表示:「任何人對罷免民權的行使,政治權利上面的行使,只要在他任職期間,誰都可以提出,這叫提議,提議沒有時間上的限制。」

雙方展開法律攻防戰,而韓國瑜依舊低調神隱,沒有出面回應,只透過新聞局對外表示,為了避免行政權獨大,出現過度擴張解釋的可能,交由司法釐清,市政照常運作。

高雄市新聞局長 鄭照新表示:「市府在委託委任律師,進行相關動作之後,市府未來仍然將專注在市政,跟防疫的事務上面。」

韓國瑜方面認為,連署罷韓行動在韓國瑜就職市長當天就把罷免書完成分類、裝箱,顯見是不甘市長選輸的違法奧步,罷韓團體也不甘示弱反譏韓國瑜輸不起,究竟六月罷韓投票還會不會舉行,就看這場角力戰誰占上風。

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