論法官懲戒之違失行為一體性原則：以石木欽懲戒案為例

Abstract

法官法施行至今已超過10年，職務法庭亦作成不少法官懲戒處分之裁判，近年來更因部分引起爭議之法官懲戒案件，令人質疑職務法庭是否值得信賴。2020年施行之法官懲戒新制，主要變革在於強化法官評鑑與職務法庭之功能，同時提供受懲戒法官更完善之程序保障。 2019年間，石木欽案的爆發引起輿論譁然，石木欽身為前公務員懲戒委員會（現已改制為懲戒法院）委員長，負責全國公務懲戒之最高司法行政首長，然長期與其友人翁茂鍾不當接觸與不當買賣股票獲利等違失行為，其違失行為之時間持續將近20年，可謂是法官法施行以來最受社會關注之懲戒案件。本案經監察院提出彈劾案後，移送懲戒法院職務法庭審理。 石木欽懲戒案不僅違失行為相當複雜，同時亦有諸多法律適用上之爭議，尤其了涉及違失行為一體性原則。本案職務法庭第一審與第二審的判決大相逕庭，其背後原因為何，自有加以研究之必要。 本論文主要將介紹現行法官懲戒制度，並以石木欽懲戒案作為案例之研究對象。本論文嘗試藉此一個案，檢討目前的法官懲戒制度，並提出相關之修法建議，希冀能有助於我國法官懲戒制度之完善，並深化法官倫理，提升司法公信力。

It has been more than 10 years since the Judges Act implemented, and the Disciplinary Chamber of the Judiciary have also made many judgments of the disciplinary disposition against judges. In recent years, there have been some controversial judge disciplinary cases, which make people question whether the Disciplinary Chamber of the Judiciary is trustworthy. The new judge disciplinary system implemented in 2020, the main change is to strengthen the functions of judge’s evaluation and the function of the Disciplinary Chamber of the Judiciary, and provide better procedural guarantees for judges who are disciplined at the same time. In 2019, the emergence of the Mu-qin Shi case caused a public outcry. Mu-qin, Shi as the former chairman of the Civil Servant Disciplinary Committee (now restructured into a disciplinary court), is the highest judicial executive responsible for civil servant in the country. However, he has long-term improper contact with his friend Mao-zhong Weng and improper investment in stocks. Profit-making and other violations have lasted for nearly 20 years. It can be said that such case has attracted the most attention from the society since the implementation of the Judges Act. After the case was impeached by the Control Yuan, it was submitted to the Disciplinary Chamber of the Judiciary for review. The facts of Mu-qin Shi's disciplinary case not only complicated, but also involved many controversies in the application of law, especially involved in the principle of oneness of wrongful acts. In this case, the judgments of the first instance and the second instance of the Disciplinary Chamber of the Judiciary are quite different, and the reasons behind it need to be studied. This thesis will mainly introduce the current judge disciplinary system, and take Mu-qin Shi's disciplinary case as the research object of the case. This paper attempts to review the current judge disciplinary system by this case, and proposes suggestions of amendments for legislature, hoping to help improve the judge disciplinary system in our country, deepen ethics rules for judges, and enhance Judicial credibility.