Tai Li-shen Case

Article 13: Where a whistleblower is a principal offender or accomplice in the crimes involved in the whistleblowing content and satisfies the requirements of Article 3 and Article 14, Paragraph 1 of the Witness Protection Act, their punishment may be mitigated or exempted pursuant to Article 14, Paragraph 1 of the same Act, notwithstanding the restrictions on offenses listed in Article 2 of said Act.
　　When an agency accepts an application for re-employment in public service filed by a whistleblower whose punishment has been exempted by a final court judgment pursuant to the preceding paragraph, it may do so without being subject to the restrictions of Article 28, Paragraph 1, Subparagraph 4 of the Civil Service Employment Act.

Article 13: Where a whistleblower is a principal offender or accomplice in the crimes involved in the whistleblowing content and satisfies the requirements of Article 3 and Article 14, Paragraph 1 of the Witness Protection Act, their punishment may be mitigated or exempted pursuant to Article 14, Paragraph 1 of the same Act, notwithstanding the restrictions on offenses listed in Article 2 of said Act.
　　When an agency accepts an application for re-employment in public service filed by a whistleblower whose punishment has been exempted by a final court judgment pursuant to the preceding paragraph, it may do so without being subject to the restrictions of Article 28, Paragraph 1, Subparagraph 4 of the Civil Service Employment Act.

1. If a whistleblower appears to testify and complies with the provisions of Article 14, Paragraph 1 of the Witness Protection Act, the offenses involved shall not be restricted by the offenses listed in Article 2 of the Witness Protection Act, and they may also enjoy the lenient treatment of criminal punishment mitigation or exemption. In consideration of Article 11 of the Act for Prevention and Suppression of Sexual Exploitation of Children and Youths and Article 23 of the Human Trafficking Prevention Act, Paragraph 1 is hereby enacted. Furthermore, if a whistleblower is convicted by a judgment for acts as a principal offender or accomplice, it shall not affect their right to enjoy the protection under Articles 7 to 10.
2. Pursuant to Article 28, Paragraph 1, Subparagraph 4 of the Civil Service Employment Act, which provides that "Anyone who has any of the following circumstances shall not be appointed as a civil servant: ... IV. Having previously served in public office and committed an act of corruption, upon a final guilty judgment or being a wanted person whose case remains unsettled," Paragraph 2 is hereby enacted to encourage civil servants who are principal offenders or accomplices to bravely report wrongdoing, and to safeguard their right to apply for re-employment in public service after dismissal. This paragraph only provides the whistleblower with the right to apply for re-employment in public service; as for the receiving agency of employment, it may still exercise discretion on a case-by-case basis to review and decide whether to approve re-employment in public service.

Article 19: This Act shall take effect one year after promulgation.
Whistleblowers whose punishment has been exempted by a final court judgment prior to the promulgation and enforcement of this Act and who apply for re-employment in public service within one year after the promulgation and enforcement of this Act shall apply mutatis mutandis the provisions of Article 13, Paragraph 2 of this Act.

Article 19: This Act shall take effect one year after promulgation.

1. It is explicitly stipulated that this Act shall take effect one year after promulgation, hence Paragraph 1 is enacted.
2. To ensure that whistleblowers whose punishment was exempted by a final court judgment prior to the amendment and enforcement of this Act receive equal protection under this Act, it is provided that those who apply for re-employment in public service within one year after the promulgation and enforcement of this Act shall apply mutatis mutandis the provisions of Article 13, Paragraph 2 of this Act, hence Paragraph 2 is enacted.
3. As for whistleblowers whose punishment was exempted by a final court judgment prior to the amendment and enforcement of this Act, if their application for re-employment in public service had already been rejected prior to the promulgation and enforcement of this Act, the administrative agency may revoke the original administrative disposition pursuant to Article 122 of the Administrative Procedure Act and subsequently make a lawful disposition pursuant to this Act; this is hereby explained for clarification.