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The Theory of " Duty Relationship under Public Law" and the Right to Appeal for the Living Allowances of the Public Servant Lee Hwai-tzong

The relation between public servant and state is grounded on the theory of "duty relationship under public law". According the theory the relationship between public servant and state is categorized into two relations: the status relation and the function relation. The right to appeal for the living allowances is concerned with status relation and is not affected by the function relation. Consequently, the public servant is still entitled to receive the living allowances when his appointment is detained and the salary payment is stopped, or his duty is suspended.

Keywords:relation between public servant and state, theory"duty-relation based on public law", living allowances, appointment-detaining and salary-stopping, duty-suspending