These Regulations are established in accordance with Paragraph 2, Article 38 of the Prison Act, and Paragraph 2, Article 31 of the Detention Act.
The terms used in these Regulations shall be defined as follows:
1. Authority: Referring to prisons or detention centers under the Agency of Corrections, Ministry of Justice, as well as branches or female units set up by the prison, and branches or female units set up by the detention center.
2. Inmate: Referring to a prisoner or a detained defendant.
3. Work: Referring to work performed in the workshop inside or outside the authority or of other specific places.
4. Occupational training: Referring to skill training courses offered by participating authorities.
5. Injury: Referring to physical injuries other than serious injuries and disability.
6. Illness: Referring to the suffering of diseases listed as the occupational diseases under Article 34 of the Labor Insurance Act.
7. Serious injury: Referring to major incurable or intractable injuries to the body or health other than disability.
8. Disability: Referring to permanent disability, diagnosed by the hospital of treated injuries, with persistent sequela without predictable treatment outcome, which meets the labor insurance disability benefit payment standards.
The compensation is categorized into medical compensation, disability compensation and death compensation. Medical compensation shall refer to the amount that the inmate pays for the medical treatment, excluding treatment items at one’s own expenses.
A death compensation of NT$1 million (hereinafter NTD is referred to as the currency) shall be paid on account of the inmate’s death due to work or occupational training; an amount of disability compensation not more than NT$450,000 on account of disability, subject to the labor insurance disability benefit payment standards; an amount of medical compensation not more than NT$300,000 on account of serious injuries; and an amount of medical compensation not more than NT$200,000 on account of injuries or illness.
When two or more events in the preceding paragraph exist, compensations shall be consolidated.
Applications for medical compensations shall be made to the original execution authority along with the following supporting documents, and shall be paid under the non-working fund of the authority:
1. A diagnosis certificate issued by a medical institution.
2. Original medical receipts.
Applications for disability or death compensations shall be made by the authority to the Work Fund Management Committee of the correction authority of Ministry of Justice for the Committee’s review and approval, along with the following supporting documents:
1. Application for Compensation Report Form.
2. A disability level certificate or death certificate issued by a medical institution and the household registration certificate containing the date of death.
The Application for Compensation Report Form in the preceding paragraph shall state the cause of disability or death and the handling situation.
The compensation shall be received by the inmate or his/her nearest relatives. The authority to which the deceased belonged shall notify the heir to receive the compensation. Where such notification is impossible, public announcement shall be made.
The compensation payable in the preceding paragraph shall be included in the work fund if it has been abandoned by the notified party or has not been received six months after the notification or one year after the public announcement.
Where the compensation is received by the nearest relatives, it shall be paid in the order of the spouse, lineal descendants, parents, brothers and sisters, and grandparents, as related to the inmate.
Where the accident is caused deliberately by the inmate, no compensation shall be paid; and where it is caused by gross negligence of the inmate, the compensation shall be reduced by 50%.
The determination of intentional or gross negligence shall be handled in accordance with the factual investigation by the supervisory authority or the evaluation report of the relevant authorities.
In case of any of the following events, the compensation shall be deducted accordingly:
1. Receiving of damage compensations;
2. Receiving of relevant insurance benefits insured by the contracted manufacturer or the authority; and
3. Receiving of labor insurance payment for occupational training.
When two or more events exist, compensations shall be concurrently deducted.
These Regulations may apply mutatis mutandis to the disbursement of the compensation to people subjected to compulsory labor.
These Regulations shall take effect as of July 15, 2020.