Former Disciplinary Court Official Impeached, Fined 前法官石木欽遭彈劾 判罰月俸給總額1年

Former Supreme Court judge Shih Mu-chin is punished with a fine equivalent to 12 months of his salary for his misconduct with a businessman. The case can still be appealed.


Former Disciplinary Court head Shih Mu-chin was recently impeached by the Control Yuan for failing to recuse himself from a case involving businessman Wong Maw-jang, who he had a personal relationship with. The Control Yuan found "inappropriate contact" between Shih and Wong and transferred the case to the Disciplinary Court, which fined Shih one year's wage.

Lin Yu-ping, Chief Secretary, Disciplinary Court: “Based on the evidence against him, the laws that would strip him of his position as a judge or civil servant or of his pension do not apply because it is also against the principle of proportionality.”

Shih is accused of purchasing stock in Wong's company under his wife and children's name while he was a Supreme Administrative Court judge and the head of the High Court. The Disciplinary Court saw this as a major ethical violation and felt he had to be punished. However, some say the punishment did not fit the crime and this was caused by Taiwan's ambiguous, unclear laws.

Lin Yung-sung, Chair, Judicial Reform Foundation: “Under the Judges Act, he could be stripped of his pension or a percentage of his pension. However, he was only fined one year's wage. Let me say it again: Can the people accept this? Does the punishment fit the crime?”

Apart from purchasing stock in one of Wong's companies, Shih is believed to have traded stock in another of Wong's companies. He also allegedly met with Wong privately multiple times to give him legal advice. As the statute of limitations has already expired, there will be no further developments in this case. In the eyes of the Judicial Reform Foundation, however, Shih got off too lightly.

 

 

 

前公懲會委員長石木欽涉嫌和佳和實業負責人翁茂鍾不當接觸,日前遭到監察院彈劾,送交懲戒法院職務法庭審理,而合議庭24日判決石木欽罰款任職時最後月俸的總額1年。

懲戒法院書記官長林玉苹說:「被付懲戒人無犯罪而且多數違失行為時,法令規範不明確的情況之下,免除法官職務,並喪失公務人員任用資格,將失去懲戒處分的衡平性而有違比例原則,剝奪退休金跟退養金的部分對本案也不適用。」

石木欽擔任最高法院法官及高等法院院長期間,被指控利用妻兒名義買賣翁茂鍾旗下聯亞公司股票。懲戒法院認為明顯違反法官倫理規範,違失情節重大,有懲戒必要,但和翁茂鍾飲宴、球敘、收受餽贈等則被認定法令規範不明確、證據不足,以免議判決。

民間司改會董事長林永頌表示:「照法官法的規定,是可以免除他的退休金或剝奪一定比例的退休金,可是他只罰他1年的薪水,我再講一次,人民可以接受嗎?這樣的司法有嚴以律己嗎?」

除了購買聯亞股票,石木欽還被指控買賣翁茂鍾經營的怡安公司股票,甚至私下多次見面討論翁茂鍾涉及的訴訟案件,並提供法律意見等,因為已經超過10年追懲時效,因此不予議處。不過,看在民間司改會眼裡則抨擊法院輕判。

專題|全台敬老金大調查