Regulations Governing Compensation for Damages Caused by Governmental Usage and Clearance of Casualty Mines
2019-09-30
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Article 1
These regulations are promulgated abided by Paragraph 2, Article 10 of Casualty Mine Control Act (hereinafter referred as ACMC).
Article 2
If the damages or infringes to the civilian casualties or properties caused by governmental usage and clearance has been offset through other processes, the victims can no longer claim for compensation on the very same event.
Once compensated via these regulations, if later recompensed through other means, the compensation payment shall be withdrawn.
Once compensated via these regulations, if later recompensed through other means, the compensation payment shall be withdrawn.
Article 3
Ministry of national defense (MND) is the supervising authority in charge of the compensation effort with Army Headquarter (AHQ) as its implementing facility, respective authorities and responsibilities are as follows,
Paragraph 1 Supervising authority:
Subparagraph 1 To budget compensation payment.
Subparagraph 2 To summon review conference.
Subparagraph 3 To approve other critical compensation related items.
Paragraph 2 Implementing facility:
Subparagraph 1 To accept compensation claims.
Subparagraph 2 To conduct investigation on compensation events and file affirmative conclusion reports to the supervising authority.
Subparagraph 3 To issue compensation payments.
Subparagraph 4 To deal with other compensation related issues.
Supervising authority shall invite local government officials, social elites or scholars and professionals to participate in the aforementioned review conference.
Paragraph 1 Supervising authority:
Subparagraph 1 To budget compensation payment.
Subparagraph 2 To summon review conference.
Subparagraph 3 To approve other critical compensation related items.
Paragraph 2 Implementing facility:
Subparagraph 1 To accept compensation claims.
Subparagraph 2 To conduct investigation on compensation events and file affirmative conclusion reports to the supervising authority.
Subparagraph 3 To issue compensation payments.
Subparagraph 4 To deal with other compensation related issues.
Supervising authority shall invite local government officials, social elites or scholars and professionals to participate in the aforementioned review conference.
Article 4
Should damages occurred caused by governmental usage and clearance of casualty mines, the implementing facility shall immediately conduct investigation on the incedent and file reports to the supervising authority.
Article 5
Those applicants qualified for claiming compensation shall either be the owner of the damaged property, the wounded himself, or the legal heir of the dead victim. They shall fill in application forms, attached with proof document to turn it to the implementing facility. Should more than one legal heir exist in aforementioned cases, they shall coordinate and assign one representative to file and receive the claimed compensation, if a representative is not possible, they will co-file the claim and distribute the compensation by ration abode by rightful inheritance.
Article 6
The implementing facility shall, within two months after the acceptance of the application, develop solution proposals, together with investigation reports, to summit to the supervising authority. The supervising authority, within two months after receiving the aforementioned document, shall call up review meeting and make decisions, hence to notice the applicant with stated reasons in written form. Should failure to close a case within the anterior lapse of time occur, an (one and only) extension may be made within the limitation of original time extent for processing. Should the applicant apply for compensation, reimbursement, or indemnity via any procedure, the review meeting may cease processing before the procedure ends.
Article 7
The compensation base standards of disability or death are as follows:
Paragraph disability：
Subparagraph 1 First level：one million NT dollars.
Subparagraph 2 Second level：thirty-five hundred thousand NT dollars.
Subparagraph 3 Third level：fifteen hundred thousand NT dollars.
Subparagraph 4 Major functional disability：one hundred thousand NT dollars.
Subparagraph 5 Minor functional disability：fifty thousand NT dollars.
Paragraph death：one and a half million NT dollars.
The level of the first item aforementioned compensation for disabilities should be processed according to the injured conditions at the time of application along with servicemen disability categories by either public or military hospitals.
Paragraph disability：
Subparagraph 1 First level：one million NT dollars.
Subparagraph 2 Second level：thirty-five hundred thousand NT dollars.
Subparagraph 3 Third level：fifteen hundred thousand NT dollars.
Subparagraph 4 Major functional disability：one hundred thousand NT dollars.
Subparagraph 5 Minor functional disability：fifty thousand NT dollars.
Paragraph death：one and a half million NT dollars.
The level of the first item aforementioned compensation for disabilities should be processed according to the injured conditions at the time of application along with servicemen disability categories by either public or military hospitals.
Article 8
Compensations for property and belongings damage shall be paid by money and within the range of realistic harm.
Article 9
Shall the occurrence and enlargement of the damage caused by the victim’s intent or major negligence, the review council may decide to reduce or free from compensation.
Article 10
Shall the approved compensation not be claimed five years after the applicant being noticed, the compensation return to the Treasury.
Article 11
These Regulations shall be enforced on the date of its implementation.
The amendments of these regulations will be put into practice from the promulgation date
The amendments of these regulations will be put into practice from the promulgation date