- 期刊
從行政院撤銷公平會處分律師公會全聯會案談律師倫理觀與倫理教學
What's Going on Taiwan Lawyers' Ethics and Ethics Education!?-Look inside Executive Yuan's Revoke Decision on the Case of Taiwan Bar Association vs. FTC
摘要
台灣律師公會全國聯合會發函要求加入法易通公司電子平台提供民眾法律諮詢的130名律師必須退出法易通公司，否則將以違反律師倫理規範予以懲戒。此一發函行為被行政院公平交易委員會認定違反公平交易法而加以處分。律師公會全國聯合會不服而提起訴願，行政院訴願審議委員會審理後，決議撤銷原處分，發回由原處分機關另為適當之處理。時逾半年公平交易委員會於補充理由後仍對律師公會全國聯合會作成處分罰鍰新台幣50萬元，被處分人再度提起訴願。行政院訴願審議委員會審理後將原處分撤銷，以資適法。由於行政院並未如前次決議撤銷原處分後發回由原處分機關另為適當之處理。因此，本案至此確定。本文發現，該案涉及被質疑違反法律師倫理的律師高達130名，遠高於律師公會全國聯合會的理事人數，俟後這些律師紛紛退出法易通公司，以致該公司結束營業，雖向台北高等行政法院提起行政訴訟，卻以其非法律上利害關係人。該案突顯我國法律倫理的教育不但長期被忽視，而且法律倫理的觀念究竟是否有一定的標準可遵循，再加上時代的變遷，倫理觀念是否須隨著修正，在在都需要在法律倫理教育的過程中去仔細檢討。而法律倫理教育該如何實施與操演，正是大學法律相關學系所應重視並重新檢討的時候。本文即假設情境與實際案例的結合，帶領學生至實習法庭辯論，透過激辯的方式來形成學生的倫理觀。
並列摘要
130 lawyers who joined the electronic platform of Lifelaw Inc. (法易通公司)and offered consultation to the public were noticed from Taiwan Bar Association, if they do not re lease the job of Lifelaw Inc. (法易通公司), they will have civil penalty due to violation of lawyer ethics standard. The bulletin was considered as violating the Fair Trade Law and had civil penalty by Taiwan Fair Trade Commission. Taiwan Bar Association was unwillingness to accept this judgment and raised an administrative appeal. After a further trial of Executive Yuan Administrative Appeal Commission, the original civil penalty was rescinded and sent it back to Taiwan Fair Trade Commission for re-trial. After half year passing, Taiwan Fair Trade Commission still did not have any response of this case. The thesis found that up to 130 lawyers were involved in this case who are questioned by violating lawyer ethics standard. The number is higher than member numbers of Taiwan Bar Association. After that, those lawyers release the job of Lifelaw Inc. (法易通公司) in droves and caused the company closed for operation. Although Lifelaw Inc. (法易通公司) raised an administrative appeal to Taipei High Administrative Court, it is not a party interested legally. This case revealed that in our country, the education of law ethics is not only ignored for a long time, but also unconfirmed, and not sure if the concept of law ethics has a certain standard to follow up. Moreover, through time changes, should the concept of ethics be amended? All of these need to have further discussion in the education of law ethics. How we carry out and practice law ethics education are exactly needed to be reviewed and taken seriously by relative law departments of universality. The thesis combines real case and assumption situation. Lead students to moot court and develop students' ethics by debating.