臺灣職業病認定法制之研究—以近年實務見解為核心

Abstract

鑑於我國對於職業病議題之研究，已有從醫療診治與鑑定、公共衛生與勞工政策擬定、社會保險、法律制度等不同面向切入。既有之法學研究則係整體性檢討職業災害認定及救濟制度，或個別探討特定之職業病，例如：過勞死、工作壓力引發精神疾病、職業性癌症……等，於何種情況下得被認定為職業病。惟行政機關、行政法院、民事法院究竟係如何處理各種職業病認定爭議，尚未見有全面性之研究。著眼於此，本文嘗試就勞委會之訴願案件、行政法院及民事法院判決做全面性整理，並參照學說見解，分析我國職業病認定實務運作之特徵及問題，以求我國職業病認定相關法制之改善。

Issues on occupational diseases in Taiwan have been studied regarding to various subjects such as differential diagnosis and medical treatment, public health, labor policy development, social insurance, and legal system. Studies of law have reviewed the identification of occupational diseases and the compensation system on the whole, or discussed specific occupational diseases, such as Karoshi, stress-induced mental illness, and occupational cancer….etc. However, there has not been a comprehensive research regarding to the issues on the identification of occupational diseases, between the administration authority , administrative court, and civil court. In view of these, this study attempts to present an overall summary among administrative appeals in Council of Labor Affairs, judgment in administrative court and civil court, by analyzing the feature and conflicts of occupational diseases recognition in practices, referring to various theories and views, and look forward to further enhancement of current associated legal system in Taiwan.