A study on the relief and the employer's criminal responsibility for occupational accidents

• Main Authors: Lee, Ching-Lung, 李慶隆
• Other Authors: Lin, Jia Her
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/b4cgp4

碩士 === 國立政治大學 === 法學院碩士在職專班 === 106 === The author of this thesis has handled several cases of occupational accidents. It has been found that many dissatisfying things have occurred in the process of civil and criminal proceedings. At that time, the author happened to process a major occupational accident occurring at Muzha Interchange, Taipei for which Die Lian Hua Travel Agency was responsible. Therefore, the author decided to write a paper on occupational accidents in this area. After the author introduces the legislation from other countries, it can be found that there is still a need to adjust and introduce foreign legislation to the policy-making of the Taiwanese executive. It also proves that other people’s examples can be corrected for their own reference. This paper is divided into eight chapters. First, it begins with the introduction of the overview and theoretical basis of the accident compensation system. Starting from the industrial revolution in the 18th century and introducing the policies of advanced democracies such as Britain, the United States, Germany, Japan and other countries until the 21st century, we can see that there have been countless adjustments. At present, we have completely focused on assisting workers in how to protect their lives after accidents occur. As for the punishment of the employer, it is not necessary anymore. Secondly, the third chapter introduces Taiwan's occupational accident compensation system. The content includes the introduction of the five legal systems of the current occupational accident compensation system, as well as the legislative evolution of Taiwan's occupational accident compensation system, and discusses the necessity of Taiwan's policy adjustment in light of the legislation of advanced countries. Furthermore, in Chapters 4, 5 and 6 respectively, the legal norms for criminal liability of employers and legal persons are introduced after the occurrence of occupational accidents. The contents include the provisions of the Criminal Law and the provisions of the Occupational Safety and Health Law, which are analyzed one by one. The labor criminal law is also introduced in this chapter. Some scholars believe that foreign legislation has included employer's responsibilities in occupational accident insurance, and it is more able to protect labor in the form of annuity. It is inferred that Taiwan still holds the labor criminal law and is indeed worthy of policy adjustment. The chapter 7 introduces the legislations of various countries in the world one by one. It can be found that it is true that foreign legislation is worthy of Taiwan's learning and policy adjustment, and it also proves that other people's examples can be corrected for their own reference. Finally, it is the eighth chapter that is the focus of this article. The author collects and analyzes the criminal judgments of the occupational accidents in various district courts across the country, including the sentence of the judgment. Guilty? Not guilty? Not prosecuting? Prosecution? Probation? Plea bargaining's judgment and other items are compared and analyzed. It also proposes the findings of analysis and research, and explores how the judicial organs expect from the employers through judgments, and provides a reference for the labor authorities to adjust their policies. Keywords: human dignity, social state, dispatched labor, atypical employee, death from overwork, plea bargaining, deferred prosecution, labor criminal code, probation