萬國法律事務所

Mrs. Chen, Yi-Lin (陳懿琳) sat for the 2006 Chinese Medical Practitioner Examination. She claimed that her exam score was unfair and filed administrative litigation for remedy.

On November 8, 2012, the Taipei High Administrative Court issued a judgment, in which it ruled that generally, examiners have discretion to decide on the scoring of questions, but, for questions that have standard answers, the scoring is subject to juridical review by the court. The Chinese Medical Practitioner Examination had standard answers, and the court as a result made a substantive review of the scoring and found that the scoring standards were inconsistent and some scores were wrong. Therefore, the court ruled that the examiners must re-scores the exams again.

The Ministry of Examination followed the Court’s ruling and reviewed the examination papers again, and finally announced that 10 examinees, including Mrs. Chen, indeed passed the Chinese Medical Practitioner Examination.

Mrs. Chen is pleased with the outcome, but, she still may file a suit for state compensation.