| Summary: | 碩士 === 國立中正大學 === 勞工所 === 94 === Recently, people pay much attention to job security in the working place. For serious occupational suffering, the government used to stand for giving criminal sanctions or fine to illegal person depend on the administrative law. In order to protect the employed labor, the illegal person must compensate the damage or be under indictment for sentence according to civil law.
For avoiding occupational suffering, labor administrative organizations advanced many precautionary measures, and prosecuted for violating the labor security and sanitation law and criminal law. By way of increasing penalty burdens, it encouraged the employer to implement the installations and administrations of security and sanitation, and to achieve the goal of reducing the damage. While the punishment has effect, its function could be unstable. For instance, some illegal staffs could be respite or not guilty. Therefore, it may cause the problem of justice and application of law if aggravate penalty invariably. It has no realistic help for victims, their family, and even society.
Although the serious occupational suffering decreased gradually, it is still much more than United States and Japan. On the basis of preventing suffering, and maintaining the interests of the victims and the society, I suggest that the laws and regulations of labor security and sanitation should excise the criminal sanctions, and enhance the fine. Second, the administrative organizations should focus on supervision and grave penalty before the occupational suffering took place. Third, the victims could receive the appropriate compensation while the occupational suffering occurred.
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