Enforcement Rules for State Compensation Law Article 38
Where the claimant on the basis of the same legal relation requests negotiation with the liable compensating authority and brings a suit for compensation against the employee of the Government simultaneously or successively, the court shall suspend the suit against the employee of the Government until the negotiation concludes; where the claimant on the basis of the same legal relation brings suits for compensation against the liable compensation authority and the employee of the Government simultaneously or successively, the court shall suspend the suit against the employee of the Government until the suit against the liable compensating authority concludes.
中文原文 國家賠償法施行細則第38條
請求權人就同一原因事實所受之損害，同時或先後向賠償義務機關請求協議及向公務員提起損害賠償之訴，或同時或先後向賠償義務機關及公務員提起損害賠償之訴者，在賠償義務機關協議程序終結或損害賠償訴訟裁判確定前，法院應以裁定停止對公務員損害賠償訴訟程序之進行。