Thursday, February 4, 2016

Kuo Kuan-ying loses pension request

Kuo Kuan-ying loses pension request

‘HIGH-CLASS MAINLANDER’:The ministry cited procedural flaws in the government’s hiring of the former GIO official, nullifying his employment and denying him a pension

By Huang Pang-ping  /  Staff reporter

Kuo Kuan-ying leaves the offices of the Taiwan Provincial Government in Nantou County on July 15, 2014.

Photo: Chen Fong-li, Taipei Times

The Ministry of Civil Service yesterday rejected former Taiwan Provincial Government employee Kuo Kuan-ying’s (郭冠英) application for a monthly pension of NT$60,000.
Kuo, who retired on July 15, 2014, previously served in the now-defunct Government Information Office (GIO) in Toronto, Canada. He was dismissed from the post in 2009 after making derogatory remarks about ethnic Taiwanese in several articles published under his pseudonym, Fan Lan-chin (范蘭欽).
These included commentaries referring to himself as a “high-class Mainlander,” while calling ethnic Taiwanese taibazi (台巴子, Taiwanese rednecks). He also wrote that China should suppress Taiwanese instead of granting them political freedom once it has taken Taiwan by force.
In March 2014, Kuo was hired by the provincial government just a few months before reaching retirement age. The move was widely criticized, with many calling it a scheme for Kuo to be entitled to a monthly pension of more than NT$60,000.
The Control Yuan twice censured the provincial government for procedural flaws in its recruitment of Kuo, including failing to hold interviews for other potential job applicants.
The Ministry of Civil Service responded by demanding that the provincial government issue an amendment to the Administrative Procedure Act (行政程序法).
The provincial government argued that the administrative act was not applicable to Kuo’s employment and sought the counsel of the Ministry of Justice, which, on Saturday last week, sent a second interpretation to the provincial government confirming that the act applies to Kuo’s case.
The Ministry of Civil Service yesterday said the employment of Kuo by the provincial government in March 2014 has been annulled and, therefore, his application for retirement benefits would also be denied.
However, since Kuo did work for the provincial government, the pay that he received during his employment there would not be recalled.
Examination Yuan Secretary-General Lee Jih-shyuan (李繼玄), quoting Minister of Civil Service Chang Che-shen (張哲琛), said that the provincial government had committed procedural flaws when it hired Kuo, but they cannot be corrected now that Kuo has retired.
The only correction the ministry can make is to deny Kuo’s application for a pension, Lee said.
Kuo could request another review of his case by another government agency and, if that fails, he could appeal the ruling to the Taipei High Administrative Court, Lee said.
The Ministry of Civil Service said that Kuo’s past deeds, comments and the amount of pension requested had no bearing on its decision on the case.
Rather, it was the Control Yuan’s decision to nullify Kuo’s employment, it said.
The provincial government said it would refer the official document on the ministry’s decision to Kuo, while protesting against the ministry’s contention that its hiring procedure was flawed.
Kuo could not be reached at press time last night.
Additional reporting by Chen Feng-li