dc.description.abstract | The construction industry has the highest occupational hazard rate per thousandth over the years because site workers have insufficient safety and health knowledge resulting from characteristics in the industry such as multi-tier subcontracting, lack of regular employment relations for labors of principle trades, and low safety and health budget due to lowest bid contracting. Frequent occupational hazards make pre-hazard preventions and post-hazard management and responses significant topics. Specifically, victims are concerned about the indemnity for workers and penalties for accountable persons after hazards happen that become the disbute focus of both sides in the hazard events. The disbutes always make for litigation eventually and are judged by a third party, i.e., courts, and the whole litigation process is time-consuming and cumbersome. To reach the information about indemnity and undertaking criminal penalties requires reading and understanding courts′ verdicts but those verdicts’ are too many and complicated to acquire relevant information from. Moreover, existing studies do not have any systematic analysis regarding those information. It is essential and necessary to conduct research to clarify the topic. Therefore, to make construction practitioners understand potential penalty measurements, responsibilities and obligations, this research aims to analyze civil and criminal liabilities of occupational hazard litigation verdicts in the construction industry in Taiwan. Through reviewing academic literature, sorting out regulations and reviewing courts′ verdicts of civil and criminal litigation cases related to construction occupational hazards from the Law and Regulation Retrieving System, this research analyzes the overall patterns and amounts of occupational hazards. The analysis includes the rate of claims proposed by casualties, the penalties for employers sentenced, the acts on which the judgements are based, derivative issues from hazards and so on. Finally, expert interviews are conducted to consult their opinions of the study results and the civil and criminal liabilities of occupational hazard litigations. The study results provide valuable reference information to victims suffering from occupational hazards and provide relevant responsibility information to employers. | en_US |