Sudden death from overwork refused to compensate New Taipei City: Jinshan Xiaobian voluntarily worked overtime

It turns out that the government of Taiwan is the biggest habitual boss

If you die from overwork, it's all because you are sick and work overtime voluntarily.

Even if it is determined by the Supervision Yuan to be karoshi

You can also refuse compensation and continue to play dead

New Taipei City continues to oppress grassroots employees

It's only a show, but the responsibility is completely pushed

No wonder it is the example of the most accustomed boss

Poor~

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(Central News Agency reporters Wang Hongguo and Shen Peiyao, Xinbei, 20th) In the case of Chen Jiawei's sudden death from overwork, the editor of Jinshan District Office of New Taipei City, the family filed an application for compensation from the state. Chen Jiawei's father, Chen Guohuang, said he "doesn't accept it" and will file a lawsuit for compensation.

The New Taipei City Government Legislative Affairs Bureau pointed out that the Jinshan District Office developed suggestions for the whole case and sent it to the National Compensation Incident Handling Committee of the New Taipei City Government for deliberation.

The Legislative Affairs Bureau stated that the National Compensation Committee includes 9 external committee members and a total of 15 members. After rigorous discussions held in two meetings, it was concluded that in accordance with Article 2, Item 2 of the National Compensation Law: “When civil servants perform their duties and exercise public power, The state shall be liable for damages to those who intentionally or negligently infringe upon the freedom or rights of the people. The same applies to civil servants who neglect to perform their duties and cause damage to the freedom or rights of the people.”

According to the Bureau of Legal Affairs, according to the work records provided by the office, Chen Jiawei submitted an application for 70 hours of project overtime per month. The overtime hours in the two months prior to his death (that is, in June and July 2019) were 124 hours and 84 hours respectively. This was due to the fact that the public office was sympathetic to the deceased. Afterwards, it was confirmed that the overtime hours exceeded 70 hours.

The Legislative Affairs Bureau stated that the National Compensation Commission verified that Chen Jiawei applied for overtime work in the project, and the office was required by the Supervision Yuan for investigation. After reviewing Chen Jiawei’s computer data, it was found that Chen Jiawei worked overtime voluntarily, and was forced to work overtime by the supervisor of the non-Jinshan District Office. Therefore, there is no situation in which the civil servants exercise public power in Article 2, Item 2 of the State Compensation Law, so there is no state compensation liability. The Bureau of Legal Affairs stated that, in order to protect the rights and interests of the claimant, the Jinshan District Office, after accepting the deliberation resolution of the State Compensation Council, has served the claimant with the reason for refusing compensation as soon as possible on April 15. The city government regrets and regrets the sudden death of Chen Yuan, and his application for state compensation must still be reviewed in accordance with the elements and facts of the state compensation law.

Chen Jiawei's father, Chen Guohuang, told a reporter from the Central News Agency that he received an official document rejecting state compensation, and "does not accept" such a result, and will file a lawsuit for state compensation later.

Guan Zhiwei, a lawyer appointed by Chen Guohuang, said that he is currently discussing with his family whether to file a lawsuit, but it still depends on the wishes of the family; It won't take that long, and a lawsuit will be filed within 1 to 2 months at the earliest.

Liao Wuhui, the mayor of Jinshan District, said that the district office is only responsible for accepting and submitting the application for state compensation and then transferring it to the family members without participating in the process.

Since November 2006, Jinshan District Office has promoted Chen Jiawei in the name of the deputy of the secretary office staff. Chen Jiawei, editor of the Facebook (Facebook) community operated by the Jinshan District Office of New Taipei City, died suddenly at home on August 4, 109, at the age of 29. He serves as the press liaison and the new media team leader, responsible for press contacts, records of the head’s itinerary, and also runs the community with the staff of each classroom.

The Overwatch Council investigated in August last year that Chen Jiawei worked more than 100 hours of overtime a month before his sudden death on August 4 last year, and the average monthly overtime hours for the six months before the onset of the disease exceeded 80 hours. The New Taipei City special review team determined that Chen Jiawei died on duty, and then was reviewed by the Labor Insurance Bureau of the Ministry of Labor and professional physicians to meet the "occupational workload" and cause heart disease to trigger or significantly worsen. It is an occupational disease with a considerable causal relationship.

The supervisory court believes that Chen Jiawei was abused by the supervisor and became a bloody editor, working overtime for a long time and because the office failed to fulfill the employer's occupational safety protection obligations, resulting in sudden death due to overwork. Correct the Jinshan District Office and ask the New Taipei City Government to deal with the relevant dereliction of duty. Chen Jiawei's father, Chen Guohuang, accompanied by a lawyer in January this year, went to the Jinshan District Office to deliver an application for state compensation, claiming NT$8,362,739.

Part of the report is reproduced from: https://www.cna.com.tw/news/aloc/202204200323.aspx