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|Title: ||勞工保險條例「申報制度」之檢討;A Study of the Labor Insurance System in so-called “Enrollment Principle”|
|Keywords: ||勞工保險條例;申報制度;社會保險;憲法委託;行政契約;社會安全;Labor Insurance Act;Enrollment Principle;Social Insurance;the Authorize of Constitution;Administrative Contract;Social Security|
|Issue Date: ||2016-03-17 20:36:13 (UTC+8)|
;A Study of the Labor Insurance System in so-called “Enrollment Principle”
Although Labor Insurance Act as promulgated beyond 57 years, legal experts still cannot reach a consensus on how to connect two sides of the insurer and the insured and what type legal relationship suits them. For so many employees, Bureau of Labor Insurance (hereinafter BLI) has always no doubt accepted the enrolling application in the labor insurance program from their employers. However, an insured has already lost his or her conditions of participating in this insurance program, in the meantime, the insurance premium is paid entirely, until someday BLI shall enforce strict censorship while the application for cash payment by the insured or his/her beneficiary is completed. Thus, the effectiveness of this social insurance is unstable, but such a matter has been supported by administrative courts.
This so-called“Enrollment Principle” is formed by Labor Insurance Act and its enforcement rules classified as law articles based on the authorize of constitution. Under the specific model, the effective period of the insurance may not meet
requirements of really workers, if employers violate their obligation of writing sincerely statements. This article aims at analyzing some shortcomings, those developed from administrative practices and judiciary documents, particular about this uncertainty and unbalance legal status of employees, no matter the other side is the insurer or the employer. Meanwhile, even if this so-called “Enrollment Principle” will not be declared unconstitutional, in view of the administrative contract, this article intends to search the way for adjustments in labor insurance system, in order to propose more improved possibilities of our social security net.
|Appears in Collections:||[法律與政府研究所] 博碩士論文|
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