Legislator reveals compensation plan

DPP Legislator Yu Ching speaks at a conference yesterday on his draft provisions allowing for punitive damages. PHOTO: LIAO CHENG-HUEI, TAIPEI TIMES

A DPP lawmaker would like to see companies or individuals found liable in civil suits be required to pay out punitive damages three times the amount of compensatory damages

DPP Yu Ching (尤清) made the remarks at a press conference yesterday in which he presented his draft proposal to the Civil Code which seeks to add a new law to Article 654 which deals with compensation.

Yu's which comes in the wake of the May 25 crash of China Airlines flight CI116 off the coast of Penghu, would make victims of traffic accidents and their legitimate successors eligible for three times the damage awards from transportation companies, pilots, or drivers.

Yu to first focus on traffic accidents with the changes before seeking legislation that would provide punitive payouts for all types of accidents.

"We want to promote the concept of punitive damage awards in Taiwan to protect consumer rights and halt inappropriate behavior by companies," Yu said.

Article only states that the carrier of passengers is liable for any injury suffered as a consequence of the transportation, and for any delay in the transportation.

Several and academics attended yesterday's conference to show their support for Yu, saying that consumer rights are not protected in Taiwan.

Huang Mao-jung (黃茂榮), an attorney and a law professor at National Taiwan University (NTU), said that the concept of punitive damage awards is exercised in the protection of intellectual property rights but ignores the protection of individuals' rights.

"The Fair Trade Law [公平交易法] and the Consumer Protection Law [消費者保護法] both incorporate the principle of punitive damages, but not the Civil Code. This is an imbalance of legislation, which makes me support the proposal," Huang said.

Another Yu Ing-fu (尤英夫), cited the case of a truck driver with a record of accidents, who killed a student who struck and killed a student with his vehicle.

"The driver's behavior should be considered as wicked conduct. The victims and their families deserve punitive damage awards to help relieve their physical and emotional pain," Yu said.

Under related regulation, Article 216 of the Civil Code states, "Unless otherwise provided by law or by contract, damages shall be only for the injury actually suffered and for the profit which has been lost."

Another professor from NTU, Chu Po-sung (朱伯松), however, warned that punitive damages could lead to bankruptcies among companies forced to pay them.

Yu submit the new proposal to the Legislative Yuan in the coming session.