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法規名稱(Title) State Compensation LawCh
公發布日(Date) 2019.12.18
法規沿革(Legislative) 1.Promulgated on June 1980; Effective from July 1, 1981
2.Amended on December 18, 2019
法規內文(Content)
Article 3
The State shall be liable for damage to any person's life, body, physical liberty or property resulting from a defect in the installation or management of any public facility.
Where the management of any facility set out in the preceding paragraph is delegated to a private organization or individual, the State shall be liable for damage to any person's life, body, liberty or property resulting from a defect in the management of the facility.
Where the respective managing authority or delegated private organization or individual has placed appropriate warnings or signs on the use of any natural public property such as open mountain or water, the State shall not be liable to any person who continues to engage in adventurous or dangerous activities under the preceding two paragraphs. 
Where the respective managing authority or delegated private organization or individual has placed appropriate warnings or signs on the use of the facility located in any natural public property such as open mountain or water, the State’s liability to any person who continues to engage in adventurous or dangerous activities may be reduced or exempted under the first and second paragraphs.
The compensating authority shall have the right to reimbursement from the said third person who is liable for the damage referred to in the first, second and preceding paragraph.

Article 8
A right of claim for compensation is extinguished by prescription if not exercised within two years from the discovery of the fact by claimant, or not exercised within five years from the date when the damage was inflicted.
The right to reimbursement for compensation referred to in paragraph 3 of Article 2, paragraph 5 of Article 3, and paragraph 2 of Article 4 is extinguished by prescription if not exercised within two years from the date when payment of compensation is made or the date when restoration of prior condition is completed.

Article 9
In cases referred to in paragraph 2 of Article 2, the compensating authority shall be the one that employs the employee of Government.
In cases where the claim is of the type referred to in paragraph 1 of Article 3, the compensating authority shall be the one that installs or manages the public facility; in cases referred to in paragraph 2 of Article 3, the compensating authority shall be the delegating authority.
If the above-mentioned compensating authorities have been removed or reorganized, the compensating authority shall be the one that succeeds the former's business. In case of no successor, the superior authority shall be the authority liable for compensation.
If the liable authority cannot be decided by the above-mentioned methods, or there is a dispute regarding the liable authority, the superior authority can make a decision after receiving the application. In case the decision cannot be made within twenty days from the date of the receipt of the application, the superior authority may be regarded as the authority liable for compensation.

Article 17
This Law shall become effective from July 1, 1981.
The amendment to this Law shall become effective from the promulgation.