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Md. Naim Hasan Student
Jul 07, 2022
In General Discussions
On May 13, 111, the Justice made the sixth constitutional judgment of this year. The reason finally mentioned the comparison with the Interpretation No. 738. Let me introduce the Interpretation No. 738. Reasons and facts of "Interpretation No. 738" Article 9(1) of the Regulations on the Administration of Electronic Game Fields formulated by the Legislative Yuan stipulates that the business premises of the electronic game field industry should be at least 50 meters away from national middle schools, elementary schools, high schools, vocational schools, and hospitals. However, various local self-governance regulations have formulated stricter standards. For example, Taipei County's regulations on old picture restoration setting up self-governance for video game arcades stipulate that the distance should be more than 990 meters, Taoyuan County stipulates that the distance should be more than 800 meters, and Taipei City stipulates that video game arcades should be restricted. The distance should be more than 1,000 meters, and the "Key Points for the Application of Electronic Game Casino Industry to Apply for the Issuance of Electronic Game Casino Business Class Certificate" stipulates that the business premises of the electronic game arcade industry should comply with the regulations of the Autonomous Regulations. The combined result of the above is that operators must comply with the stricter distance restrictions stipulated by the local self-government regulations than the central government, otherwise they will be disqualified from the issuance of licenses, and will not be able to operate. Several video game casino operators believed that such provisions violated the principle of division of power between the central and local governments, the principle of legal reservation, and violated the freedom of business of the people. The Conference of Justices formulated Interpretation No. 738, arguing that it did not violate the Constitution in three aspects, including the separation of powers between central and local governments, the principle of legal reservations, and the principle of proportionality. Controversial points of "Interpretation
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Md. Naim Hasan Student

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