Judicial Review Standards for Civil Servant Disciplinary Sanctions: Focusing on Civil Servants' Freedom of Speech—A Discussion Inspired by the Lin Wen-wei Case

Photo／Lin Wen-wei Ewam Lin

Time

June 19, 2016 (Sunday) 13:00-17:30

Location

Multimedia Classroom 1301, Linsê Hall, National Taiwan University (No. 1, Sec. 4, Roosevelt Rd., Daan Dist., Taipei City)

Online Registration

In recent years, the issue of prison reform has gradually received increasing attention. Human rights groups and scholars frequently offer various observations and criticisms regarding prison problems. These observations and criticisms may appear in print media, television and film, or online platforms and other information mediums. However, what has drawn even more attention recently is that prison personnel themselves are raising observations and criticisms about prison issues based on their own personal experiences.

This kind of self-reflection and vocalization by internal personnel is extremely important. Because the transparency of information in prisons is low and they often give the impression of resisting reform, internal awakening and speaking out by prison personnel are tremendously helpful for changing the prison environment.

However, this year, prison guard Lin Wen-wei used artistic creation to reflect upon prison management issues, yet instead faced disciplinary action of two reprimands from the prison authorities. The stated reasons were that his writings cited unverified rumors, misled readers into believing the described disciplinary methods were true, damaged the reputation of the correctional institution, and constituted improper speech and conduct. Beneath the surface, this disciplinary case actually signifies how prisons use civil servant reward and punishment regulations to control internal voices. However, whether such internal control methods and means might infringe upon the constitutional protection of freedom of speech, and whether they involve the lingering ghost of special power relationships, are all open to question.

If state organs are bound to conduct certain evaluations or impose disciplinary actions on their personnel, what are the limits and scope of such evaluations and disciplinary measures? From the perspective of the health and continuous improvement of total institutions like prisons, how should we conversely contemplate how these evaluation or disciplinary items and procedures ought to be regulated, operated, or supervised?

This forum has invited relevant scholars and experts who care about this issue, and we also warmly invite people from all walks of life to participate in the discussion together.

Learn More

• Keep Writing and Drawing Until Change Arrives／Lin Wen-wei
• 【Preach】Repentance／Lin Wen-wei

Agenda

Time	Content
13:00-13:30	Check-in
13:30-13:40	Opening Remarks: Origins of the Forum	Presenter Lin Wei-t'ing／Executive Secretary, Judicial Reform Foundation; Member, Taiwan Association for Prisoners' Rights
13:40-15:00	Practical Case Sharing	Presenter Kuo Te-t'ien／Attorney, Chang & Partners Law Firm Discussants Yen Szu-yü／Office Director, Taiwan Association for Human Rights; Member, Taiwan Association for Prisoners' Rights Huang Ming-hui／Assistant Professor, Department of Law, National Taipei University
15:00-15:10	Break
15:10-16:30	Discussion on Civil Servants' Freedom of Expression Regarding Their Job Duties	Presenter Chang Yung-ming／Professor, Department of Financial and Economic Law, National University of Kaohsiung Discussants Liu Ting-chi／Associate Professor, Department of Law, National Chengchi University Lin Chia-fan／Professor, Department of Civic Education and Leadership, National Taiwan Normal University
16:30-16:40	Break
16:40-17:30	Q&A and General Discussion	Moderator Ku Li-hsiung／Legislator

Organizers

Judicial Reform Foundation
Taiwan Association for Human Rights
Taiwan Association for Prisoners' Rights
Taipei Bar Association
Public Law Research Center, National Taiwan University