軍事機關執行軍事營區安全勤務事件補償辦法

These Regulations are formulated in accordance with Paragraph 5, Article 15 of the Military Installation Safety Protection Act (hereinafter referred to as "the Act").

1The obligations and responsibilities of the compensation agencies under these Regulations are as follows:

2(1)Ministry of National Defense: handling compensation matters for the Ministry of National Defense and its affiliated agencies (or bodies), units, and schools, excluding the Army Command, Navy Command, and Air Force Command of the Ministry of National Defense (hereinafter collectively referred to as “the Commands”).

3(2)The Commands: handling compensation matters for the respective Command and its affiliated agencies, units, and schools.

4(3)National Security Bureau: handling compensation matters for the National Security Bureau.

5(4)National Chung-Shan Institute of Science and Technology: handling compensation matters for the National Chung-Shan Institute of Science and Technology.

1Compensation under Paragraphs 1 and 2, Article 15 of the Act shall be the responsibility of the military authorities to which the personnel performing security duties, such as security inspections, forced expulsions, necessary measures, military base security management, and use of weapons or equipment (hereinafter collectively referred to as "military base security duties"), belong.

2If there are multiple responsible compensation agencies for a single incident, each agency shall bear joint and several liability for compensation.

If commanders, on-duty officers, non-commissioned officers, sentries, or other personnel of a military authority executing military base security duties cause particular sacrifice or loss to the body or property of a civilian, the civilian may request compensation from the responsible compensation agency; if the civilian is deceased, the statutory heirs may make such a request.

1When heirs make a request for compensation in accordance with the preceding Article, the request shall be submitted in writing that includes the details required in Article 7 and proof of their relationship to the deceased, as well as documentation regarding the existence of other heirs of the same order.

2In the case of multiple heirs, if one of them makes a compensation request, the request shall be deemed effective for all heirs. However, the withdrawal of the request shall require unanimous agreement from all heirs.

1Compensation shall be made in monetary form and shall be limited to the actual losses sustained, including medical expenses, loss of income, funeral expenses, or consolation payments.

2The compensation amount shall not exceed the maximum amounts specified in the following items, but the compensation agency may, after considering the extent of the civilian's loss and the degree of fault, reduce or exempt the compensation amount:

3(1)Death: New Taiwan Dollars (NTD) 6,000,000.

4(2)Disabilities due to injury:

5(a)Profound disabilities: NTD 4,500,000.

6(b)Severe disabilities: NTD 3,750,000.

7(c)Moderate disability: NTD 2,500,000.

8(d)Mild disability: NTD 1,500,000.

9(3)Injuries other than those listed above: NTD 300,000.

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A request for compensation shall be submitted in writing to the responsible compensation agency and include the following information: (1)For an individual party: the name, date of birth, identification number, and address; for a legal person or other entity: the name, principal office or business location, and the name, identification number, and address of the representative. (2)If the requesting party has a statutory agent, the name, date of birth, identification number, and address of such agent, along with proof of their identity. (3)If the requesting party has an authorized agent, the name, date of birth, identification number, and address of the agent, along with a power of attorney. (4)The details, facts, grounds, and evidence supporting the compensation request. (5)The amount of compensation being requested. (6)The responsible compensation agency. (7)The year, month, and day of the request.

If the agency receiving the compensation request determines that it is not the responsible compensation agency under Article 2, it shall immediately transfer the request to the correct agency and notify the requesting party or their agent.

If the agency receiving the compensation request determines that the request does not comply with the requirements of Article 7 and that the deficiency can be corrected, or that the power of attorney is insufficient, the agency shall notify the requesting party or their agent to correct the issue within at least seven days. If the corrections are not made or are incomplete, the request shall not be accepted.

If the agency receiving the compensation request determines that the requesting party is not eligible for the request, the request is unjustified, or it has lapsed under the statute of limitations, it may reject the request in writing with a statement of reasons, without further negotiation.

With respect to a request submitted under Article 7, the agency receiving the compensation request shall, except in the circumstances described in the previous three Articles, negotiate with the requesting party or their agent within 30 days.

1If multiple agencies bear joint and several liability for compensation, they shall agree on one agency to receive the compensation request and negotiate with the requesting party or their agent.

2The agency receiving the request shall notify the other compensation agencies in writing to participate in the negotiation.

3The compensation amount shall be determined by the responsible agencies based on the provisions of Article 6.

1When carrying out the negotiations referred to in Article 11 and Paragraph 1, Article 12, the agency receiving the compensation request shall make a record of the negotiation.

2The negotiation record shall include the following details:

3(1)The location and date of the negotiation.

4(2)The requesting party or their agent present at the negotiation.

5(3)Representatives or their agents from the participating agencies. (4)The case background and case number.

6(5)The facts, grounds, and amount of compensation requested, and proof of the loss.

7(6)Opinions of the participating agencies.

8(7)Reasons for reducing or exempting the compensation amount, abandonment of other claims related to the same incident, and other important matters.

9(8)The outcome of the negotiation.

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1If a negotiation agreement is reached, the agency receiving the compensation request shall prepare a written agreement containing the following information. The agreement must be signed or sealed by the requesting party or their agent and the representative or agent of the participating agencies, and bear the official seal of the participating agencies:

2(1)For an individual requesting party: the name, date of birth, identification number, and address; for a legal person or other entity: the name, principal office or business location, and the name, identification number, and address of the representative.

3(2)If the requesting party has a statutory or authorized agent, the name, date of birth, identification number, and address of such agent.

4(3)The name and location of the participating agency.

5(4)The case background and case number of the agreement.

6(5)The location of the agreement.

7(6)The compensation agency and the compensation amount.

8(7)Reasons for reducing or exempting the compensation amount, abandonment of other claims, and other important matters.

1If no agreement is reached, or if no agreement is made within two months of receiving the request, the agency receiving the compensation request shall directly determine the compensation amount and issue a written notice stating the following:

2(1)For an individual requesting party: the name, date of birth, identification number, and address; for a legal person or other entity: the name, principal office or business location, and the name, identification number, and address of the representative.

3(2)If the requesting party has a statutory or authorized agent, the name, date of birth, identification number, and address of such agent.

4(3)The name and location of the compensation agency receiving the request.

5(4)The background and case number of the request.

6(5)The location of the request.

7(6)The reasons for the failure to reach an agreement.

8(7)The determined compensation amount.

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When requesting compensation under these Regulations, the Administrative Court may, upon petition, issue an injunction maintaining a temporary status quo for the compensation agency receiving the request to pay medical or funeral expenses in advance.

The requesting party shall provide a receipt when receiving the compensation, or any medical or funeral expenses paid in advance under the preceding Article.

1Any medical or funeral expenses paid in advance under Article 16 shall be deducted from the final compensation amount.

2If the requesting party has received any medical or funeral expenses in advance, they must return the following amounts:

3(1)If the agreement fails and no administrative appeal or legal proceedings are initiated, the requesting party must return the full amount or any excess above the amount determined by the compensation agency.

4(2)If the administrative appeal is rejected and becomes final.

5(3)If the requesting party loses in the final judgment of a lawsuit.

6(4)If the advanced medical or funeral expenses exceed the final agreed compensation, the excess portion shall be returned.

7The agency receiving the compensation request shall notify the requesting party in writing, specifying a deadline for return.

The necessary funds for compensation under these Regulations shall be allocated by the responsible compensation agencies in their budgets.

These Regulations come into enforcement on the same date when the Act is enforced.