Administrative Procedure Act Article 120
Where an unlawful administrative disposition granting benefits is withdrawn and the beneficiary granted such benefits has not done any of the acts specified in the preceding article to make him deserves no protection of his reliance, he is entitled to a compensation to be paid by the authority ordering the withdrawal for his property loss which he has suffered as result of his reliance upon the disposition.The amount of compensation to be paid under the preceding paragraph shall not exceed the amount of the benefits obtainable by the beneficiary should the disposition survive.In the case of a dispute arising out of or in connection with the compensation or if the person subject to the disposition is dissatisfied with the amount of compensation, he may file with the administrative court an action for performance.
中文原文 行政程序法第120條
授予利益之違法行政處分經撤銷後,如受益人無前條所列信賴不值得保護之情形,其因信賴該處分致遭受財產上之損失者,為撤銷之機關應給予合理之補償。
前項補償額度不得超過受益人因該處分存續可得之利益。
關於補償之爭議及補償之金額,相對人有不服者,得向行政法院提起給付訴訟。
前項補償額度不得超過受益人因該處分存續可得之利益。
關於補償之爭議及補償之金額,相對人有不服者,得向行政法院提起給付訴訟。