103 年公務人員特種考試關務人員考試、 103 年公務 人員特種考試身心障礙人員考試及 103 年國軍 上 校 以 上 軍 官 轉 任 公 務 人 員 考 試 試 題

考 試 別： 國軍上校以上軍官轉任公務人員考試

等 別： 上校轉任考試

類 科： 一般行政、社會行政、廉政

科 目： 行政法

考試時間：

2 小時

※注意：

 禁止使用電子計算器。

•  不必抄題，作答時請將試題題號及答案依照順序寫在試卷上，於本試題上作答者，不予計分。

• 一、工廠管理輔導法第 29 條規定：「製造、加工或使用危險物品達管制量以上之工廠， 違反第二十二條第一項規定，未投保公共意外責任保險者，處工廠負責人新臺幣五 萬元以上二十五萬元以下罰鍰，並令其限期改善；屆期不遵行者，得按次連續處 罰。」同法第 31 條規定：「工廠有下列情形之一者，主管機關應令其限期改善、 補辦或申報，屆期不改善、補辦或申報者，處工廠負責人新臺幣一萬元以上五萬元 以下罰鍰；仍不遵行者，得按次連續處罰：一、利用其廠地或建築物之一部或全部 從事物品製造、加工以外業務。但從事與所製造產品相關之業務者，不在此 限。……十、違反依第二十三條第二項所定辦法中有關申報內容之規定。」

請問：工廠管理輔導法第 29 條之「限期改善」與第 31 條之「限期改善」，二者之 法律性質各為何？（ 25 分）

• 二、人民依法享有請求公務機關提供資訊之權利，得依政府資訊公開法請求提供政府資 訊，亦得依行政程序法第 46 條請求閱覽卷宗，請論述二者之不同？（ 25 分）

• 三、環保主管機關行政院環境保護署，就某開發許可申請案，依環境影響評估法第 7 、 8 條及同法施行細則第 43 條規定，於第一階段審查結論認為對環境有重大影響之虞， 應繼續進行第二階段環境影響評估，嗣作出「有條件通過」審查結論，其條件之一 為：「開發單位應於營運前提出健康風險評估，送本署另案審查。如評估結果對附 近居民造成長期健康影響時，開發單位應即撤銷本開發案。」

請問：  第二階段所謂「有條件通過」之審查結論，其法律性質為何？（ 20 分）

•  倘開發單位對第二階段審查結論其他部分並無不服，僅對題目所示「條件」 部分不服，應如何提出救濟？（ 30 分）

代號 ： 全一張 （正面） 80230 | 80330 80530

座號：

103 年公務人員特種考試關務人員考試、 103 年公務 人員特種考試身心障礙人員考試及 103 年國軍 上 校 以 上 軍 官 轉 任 公 務 人 員 考 試 試 題

考 試 別： 國軍上校以上軍官轉任公務人員考試

等 別： 上校轉任考試

類 科： 一般行政、社會行政、廉政

科 目： 行政法

【參考法條】

環境影響評估法第 7 條

開發單位申請許可開發行為時，應檢具環境影響說明書，向目的事業主管機關提出， 並由目的事業主管機關轉送主管機關審查。主管機關應於收到前項環境影響說明書 後五十日內，作成審查結論公告之，並通知目的事業主管機關及開發單位。但情形 特殊者，其審查期限之延長以五十日為限。

前項審查結論主管機關認不須進行第二階段環境影響評估並經許可者，開發單位應 舉行公開之說明會。

環境影響評估法第 8 條

前條審查結論認為對環境有重大影響之虞，應繼續進行第二階段環境影響評估者， 開發單位應辦理下列事項：

• 一、將環境影響說明書分送有關機關。

• 二、將環境影響說明書於開發場所附近適當地點陳列或揭示，其期間不得少於三十 日。

• 三、於新聞紙刊載開發單位之名稱、開發場所、審查結論及環境影響說明書陳列或 揭示地點。開發單位應於前項陳列或揭示期滿後，舉行公開說明會。

環境影響評估法施行細則第 43 條

主管機關審查環境影響說明書或評估書作成之審查結論，內容應涵括綜合評述，其 分類如下：

• 一、通過環境影響評估審查。

• 二、有條件通過環境影響評估審查。

• 三、應繼續進行第二階段環境影響評估。

• 四、認定不應開發。

• 五、其他經中央主管機關認定者。

代號 ： 全一張 （背面） 80230 | 80330 80530

103 年公務人員特種考試關務人員考試、 103 年公務人員特種考試身心 障礙人員考試及 103 年國軍上校以上軍官轉任公務人員考試試題

代號：

80210

|

80610

頁次：

4 － 1

考 試 別：國軍上校以上軍官轉任公務人員考試

等 別：上校轉任考試

類 科：各類科

科 目：中華民國憲法與英文

考試時間：

2 小時

座號：

※注意：禁止使用電子計算器。

甲、申論題部分：（ 50 分）

 不必抄題，作答時請將試題題號及答案依照順序寫在申論試卷上，於本試題上作答者，不予計分。  請以藍、黑色鋼筆或原子筆在申論試卷上作答。

• 一、請依司法院大法官解釋說明集會遊行法申請許可規定未排除緊急性及偶發性集會 遊行之部分，是否合憲？（ 25 分）

• 二、依中華民國憲法增修條文規定，說明司法院大法官之法定人數及成員種類、任期計 算及保障，並分析其職權。（ 25 分）

乙、測驗題部分：（ 50

分） 代號：

1801

 本測驗試題為單一選擇題，請選出一個正確或最適當的答案，複選作答者，該題不予計分。

•  共 25 題，每題 2 分，須用 2B 鉛筆在試卡上依題號清楚劃記，於本試題或申論試卷上作答者，不予計分。

• 1 A _____ crime is considered to be one involving grave bodily injury or death, and in some places the crime is punished with death.

•  capital  legitimate  negligent  turbulent 2 For a group to reach a _____ on a decision, all members must agree to accept the decision and to take responsibility for implementing it.

•  compatibility

•  conformity



consistency

•  consensus

• 3 In order to make his readers understand the abstract concept more easily, the writer provides many true-to-life examples to help _____ his major points.

•  enchant

•  resolve

•  illustrate

•  dedicate

• 4 The importance of warming up is well known, but even professional athletes would _____ warming-up routines before games.

•  advance

•  challenge

•  neglect

•  reward

• 5 _____has become almost a way of life in America, where there are many more lawyers than in any other country on earth.

•  Debate

•  Intervention

•  Litigation

•  Negotiation

請依下文回答第 6 題至第 9 題

Since many vegetables had their earliest uses as medicinal, herbals are some of the earliest and most important manuals about vegetables. The origin of these early plant books can be traced to the Greek interest in cataloging and describing plants. As originators of the study of botany, the Greeks produced writings that listed common plants while often supplying their medical usage. For much of the Middle Ages, there was little distinction between medicine and botany, as plants were used to cure ills.

The greatest authority of medicinal plants during the Renaissance was the Greek physician Pedanius Dioscorides (about A.D. 20). Dioscorides was the most authoritative writer in botany for 16 centuries, and his work De Materia Medica ( The Matters of Medicine ) is considered the most important herbal of all time. He traveled widely and studied plants wherever he went. For over 1,500 years his work was considered the final authority on the pharmaceutical uses of herbs and plants. His work described roughly 500 plants and 1,000 different medications.

With the development of the printing press, the first half of the 16th century saw much of his work translated into common languages such as French, German, Italian, and English.

• 6 According to the passage, what does the underlined word 'herbals' mean?

•  A mixture of herbs and plants

•  Medicinal grass

•  Greek medicine

•  Cataloged texts

• 7 According to the passage, what was Dioscorides famous for?

•  Writing the book entitled The Matters of Medicine

•  Classifying fruits in the Middle Ages

•  Translating his original botanical study into French, German, and English

•  Inventing 1,000 different medications

• 8 How did the book De Materia Medica become popular?

•  Through doctors who used its prescriptions to treat their patients

•  Through botanists around the world who used it as a textbook

•  Through the Greek physicians' strong recommendation

•  Through the development of the printing press

• 9 According to this passage, which of the following statements is true?

•  Vegetables could be distinguished from medical herbs easily in the Middle Ages.

•  De Materia Medica taught farmers how to grow vegetables and herbs.

•  Dioscorides' work was considered the definite authority on pharmacy.

•  Dioscorides studied botany in the 1st century.

請依下文回答第 10 題至第 13 題

Many volcanic eruptions have taken place in the last two hundred years. However, three stand out, not only because of the destruction they caused, but also because of the number of lives they claimed.

Until 1815, Mount Tomboro on Sumbawa Island in Indonesia was 4,100 meters high. These days it is 2,821 meters above sea level. The reason for this was the largest volcanic eruption of modern times. Fifty cubic kilometers of matter was hurled into the atmosphere, and volcanic ash fell on islands as far away as a thousand kilometers.

The eruption itself killed ten thousand people, but the destruction of livestock and crops brought about a famine which increased the death toll to over ninety thousand. There was also so much volcanic debris circulating in the earth's upper atmosphere that 1816 became known as 'the year without a summer.'

Sixty-eight years after Mount Tomboro erupted, another huge volcanic explosion took place there. This time it was Mount Krakatoa. It caused such a powerful tsunami that 165 coastal villages were wiped out. The sun was completely blacked out for more than twenty-four hours and volcanic ash fell over ships as far away as 6,000 kilometers.

Finally, the most recent massive eruption happened in Washington State in the USA, when the top blew off Mount St. Helens on 18th May 1980, and a cloud of ash and gas shot nineteen kilometers into the air. It was high enough to cause turbulence for jetliners passing overhead. Luckily, the loss of life was minimal as the mountain lies in the middle of a sparsely populated national park. However, the blast destroyed all wildlife within 180 square kilometers of the mountain.

These facts are just the tip of the iceberg, but what one can learn from them is that volcanoes will go on erupting and that there is very little we can do about it.

• 10 What does the underlined word 'claimed' mean in the first paragraph?

•  Killed

•  Considered

•  Demanded

• 11 Why is the year 1816 known as 'the year without a summer'?

•  Rocks and ash shooting into the air caused turbulence.

•  The world was buried under fifty kilometers of matter.

•  The volcanic eruption brought about an ice age on Earth.

•  The volcanic ash blocked out the sun.

•  Declared

代號： 80210 | 80610 頁次： 4 － 3

• 12 Which of the following statements is true?

•  Mount Krakatoa erupted in 1883, creating a hole in the center of the island.

•  The biggest volcanic eruption of modern times took place in the United States.

•  The eruption of Mount St. Helens caused a huge tsunami, destroying many coastal villages.

•  The major damage caused by the eruption of Mount St. Helens was the death of animals and plants.

• 13 According to the passage, which of the following effects is NOT mentioned as a consequence of a volcanic eruption?

•  Fracture of the earth plate

•  Extreme lack of food

請依下文回答第 14 題至第 16 題

Mark Twain called the times in which he lived, and particularly the late 1800s, the Gilded Age. Twain wanted to point out that despite its outward showiness, American society was inwardly corrupt. But wealthy industrialists at that time certainly did not see themselves in this way, and a philosophical movement called social Darwinism helped them believe that the accumulation of riches by a few was the 'natural order.' Social Darwinism, the theory developed by Herbert Spencer, was in part an application of Charles Darwin's evolutionary theories to human societies. Spencer argued that some members of society, those who were 'naturally' superior, were meant to climb to the top and should not be impeded. In addition, Spencer warned that those who were at the bottom, by their very natures, were unfit to survive, and therefore charity was meaningless. Not surprisingly, many industrialists used his ideas to oppose social reforms and government intervention. Like his contemporaries, Andrew Carnegie was a firm supporter of social Darwinism. However, he did not agree with all of Spencer's ideas, as he felt poverty could build character. Indeed, he must have felt it had done so for him. And, though abhorring what he called idle charities, he believed in helping those who would help themselves. Unlike many of his contemporaries, Carnegie did, in the end, share his wealth by granting millions of dollars to libraries and centers for peace and education worldwide.

• 14 According to Twain, what does the term 'Gilded Age' describe?

•  A very wealthy age

•  A gold rush age

•  A seemingly shining but corrupted age

•  A glorious and prosperous age

• 15 According to the passage, who welcomed social Darwinism the most?

•  The author himself

•  The rich industrialists

•  Mark Twain, the famous writer

•  The poor workers

• 16 According to the passage, which of the following statements is true about Carnegie?

•  He was poor when he was young.

•  He believed poverty could destroy a person's personality.

•  He did not care about education.

•  He believed charity was meaningless.

請依下文回答第 17 題至第 21 題

Imagine that you are at a dinner party, seated with many people at a large table. In the course of conversation, the person sitting across from you laughingly remarks, 'Of course, I'm illiterate…!' What would you say? Would you laugh along with him or her and confess that you never really learned to read either? Would you expect other people at the table to do so? Now imagine the same scene, only this time the guest across from you says, 'Of course, I've never been any good at math…!' What happens this time? Naturally, you can expect other people at the table to chime in cheerfully with their own claims to have 'never been good at math'-the implicit message being that no ordinary person ever is.

The fact is that mathematics has a tarnished reputation in many English-speaking societies. It is commonly accepted that math is difficult, obscure, and of interest only to 'certain people.' People who are talented at math or profess enjoyment of it are often treated as though they are not quite normal. Alarmingly, many school teachers communicate this attitude to their students directly or indirectly, so that young people are invariably exposed to an anti-math bias at an impressionable age. It comes thus as a surprise to many people to learn that this attitude is not shared by other societies. In Russian or German culture, for example, mathematics is viewed as an essential part of literacy, and an educated person would be chagrined to confess ignorance of basic mathematics.

•  Turbulence in the air

•  Destructive tidal waves

• 17 What is this passage mainly about?

•  The ways of mastering mathematical skills

•  Some social attitudes towards mathematics

•  The reasons why many students fail their math course

•  The application of math in daily life

• 18 What does the underlined phrase 'chime in' in the first paragraph mean?

•  To make fun of  To be accordant with  To join a conversation  To take a leave

• 19 Why does mathematics have a tarnished reputation in English-speaking societies?

•  Because it is useless.

•  Because school teachers don't like it.

•  Because only some can succeed in mathematics.  Because mathematicians tend to be talkative.

• 20 According to the author, which of the following is NOT true?

•  Many people have a fear of math.

•  Some common but erroneous ideas about mathematics prevail among young students.

•  Many teachers help shape students' negative attitude towards mathematics.

•  To be good at math, you have to be an abnormal person first.

• 21 What can be inferred from the passage?

•  Solving math problems is not healthy for normal people.

•  People of different cultures may have different attitudes towards math.

•  German and Russian students do not perform well on math tests.

•  Math anxiety affects only children.

第 22 題至第 25 題為篇章結構，各題請依下文文意，從 4 個選項中選出最合適者，各題答案內容不重複

As scientists gain more knowledge about the causes of diseases, they make great progress in preventing, controlling, and curing them. 22 Many disease-causing microbes, in fact, are found in perfectly healthy hosts.

Infection is the presence of organisms within or upon the tissues of a host. 23 The term 'parasite' usually refers to an organism that lives at the expense of the host. Disease may be regarded as some change affecting the normal functioning of an organism. 24

The human skin and breathing passages are alive with billions of microorganisms. Many of the bacteria, fungi, and viruses found in these areas are acquired shortly after birth. 25 Throughout the lifetime of an individual, he or she continues to act as host to various kinds of microorganisms.

• 22  Disease is due to disturbances or imbalances of body fluids.

•  Life would be impossible without the activities of microorganisms.

•  There are also microorganisms that infect the infant even before it is born.

•  And they learn that infection and disease are not necessarily one and the same.

•  Disease is due to disturbances or imbalances of body fluids.

•  Life would be impossible without the activities of microorganisms.

•  And they learn that infection and disease are not necessarily one and the same.

•  Basically there are two forms of host-parasite interaction: infections associated with disease and infections not associated with apparent disease.

• 24  Life would be impossible without the activities of microorganisms.

•  There are also microorganisms that infect the infant even before it is born.

•  This change can be serious and lead to death, or it may be so slight that it escapes notice.

•  Basically there are two forms of host-parasite interaction: infections associated with disease and infections not associated with apparent disease.

• 25  Disease is due to disturbances or imbalances of body fluids.

•  Life would be impossible without the activities of microorganisms.

•  There are also microorganisms that infect the infant even before it is born.

•  Basically there are two forms of host-parasite interaction: infections associated with disease and infections not associated with apparent disease.

23

103 年公務人員特種考試關務人員考試、 103 年公務 人員特種考試身心障礙人員考試及 103 年國軍 上 校 以 上 軍 官 轉 任 公 務 人 員 考 試 試 題

考 試 別： 國軍上校以上軍官轉任公務人員考試

等 別： 上校轉任考試

類 科： 一般行政

科 目： 行政學

等 別： 上校轉任考試

類 科： 一般行政

科 目： 行政學

考試時間：

2 小時

※注意：  禁止使用電子計算器。

 不必抄題，作答時請將試題題號及答案依照順序寫在試卷上，於本試題上作答者，不予計分。

• 一、何謂組織學習（ organization learning ）？阿吉里斯和尚恩（ Argyris and Schon ）依照 「是否涉及改變既有價值及規範」的標準，將組織學習區分為單圈學習和雙圈學習 兩種型態，試分別說明單圈學習和雙圈學習的概念內涵？並闡釋政府中高階主管人 員如何帶動機關同仁從事雙圈學習？（ 40 分）

• 二、以政治途徑來分析政府預算時，羅森布魯（ Rosenbloom ）認為漸進主義 （ incrementalism ）的觀點最為適用，並建議以政治途徑來分析政府預算時應關注的 三項焦點包括：代表性、共識與聯盟的建立，以及預算分配的權力所在。請說明政 府預算的漸進主義觀點？並逐一闡釋這三項焦點之核心內涵為何？（ 30 分）

• 三、哈蒙（ M. Harmon ）主張行政倫理的責任實踐，有賴於行政的政治責任（ political responsibility ）、專業責任（ professional responsibility ），以及個人責任（ personal responsibility ）三者合成共同促進；其中，政治責任將行政視為政治的執行工具， 專業責任強調文官的專業知能與職業倫理，個人責任重視文官內在的價值觀與個人 意志的展現。請逐一闡釋行政的政治責任、專業責任，以及個人責任等三項概念之 核心意涵為何？並說明行政倫理的責任實踐觀點，對於落實我國公務人員倫理具有 那些重要的啟發？（ 30 分）

代號 ：

80220 全一頁

座號：