- 英文摘要
- Article 41 of the Senior Citizens Welfare Act stipulates: “Shall the elder encounter difficulty or danger on lives, body, health or freedom due to inadvertence, mistreatment or desertion by their inferior lineal relatives by blood or contractual supporters, the municipal or city/county governments shall provide short-term protection and settlement, upon request or based on governmental rights … The expense needed can be sent to elders’ inferior lineal relatives by blood for a reimbursement.” In March, 2018, Taiwan entered the Old Age Society, the number of elderly protection incidents is increasing the reimbursement of protection settlement expense day by day, so is the protection and resettlement of the elderly. The reimbursement of protection settlement expense has raised several difficult issues due to the mutual entanglement of public law and private law, and the overall social cost cannot be underestimated. In view of this, the Department of Protection Service of the Ministry of Health and Welfare set out The Principle of Protection Settlement Expense Reimbursement for the Elderly in 2016 for reference by the local governments.
Article 41 of the Senior Citizens Welfare Act, as amended and effective on May 29, 2020, adds a new item 5: The competent authority shall invite experts, scholars, and representatives of civil society organizations to conduct an examination on the reduction or exemption of fees. The recovery of elderly protection and resettlement expenses is a very complicated human rights issue, which involves the reasonableness of the government’s income redistribution, financial discipline, the principle of equality, and the protection of people’s property rights. In the face of various family ecologies, the wisdom of experts and scholars from various counties and cities and representatives of civil society organizations is being tested to see whether the new law’s examination committee and fee waiver mechanism can, if properly applied, create a pathway that takes into account various values.
- 目次
- 壹、前言
貳、我國人口結構老化之國內與國際趨勢
參、老人保護安置費用之追償
一、對老人之扶養義務是否存在為判斷依據
二、公法糾紛引發私法事件
肆、老人保護安置費用案件追償作業原則
一、保護安置階段之探討
二、協調階段之探討
三、追償階段之探討
伍、2020年老人福利法修正之評論
一、適當保護及安置刪除短期應說明其法理
二、償還義務人間分擔比例之議題
三、法院免除扶養義務確定前安置費用不可追償
四、法院裁定確定前／後之安置費用可有條件減免
五、未經法院判決確定之安置費用亦可有條件減免
六、審查老人保護安置費用減輕或免除之建議
陸、結論
