Waste Disposal Act Article 63-1
The amount of administrative fines imposed pursuant to this Act shall be determined according to the degree, characteristics, and severity of pollution; regulations governing the criteria for the imposition of such administrative fines shall be prescribed by the central competent authority.Where a person obtains benefits from an act in violation of obligations under this Act, in addition to the imposition of a prescribed fine pursuant to this Act, such benefits may be recovered within the scope of the benefits obtained.Where a person commits an act for the benefit of another, thereby causing such other person to become subject to punishment for violating obligations under this Act, and the actor has obtained pecuniary benefits from such act without being punished, such pecuniary benefits may be recovered within the scope of the value of the benefits obtained.Where a person becomes subject to punishment for violating obligations under this Act, and another person obtains pecuniary benefits from such act without being punished, such pecuniary benefits may be recovered within the scope of the value of the benefits obtained.The recovery referred to in the preceding three paragraphs shall be imposed by the sanctioning authority by means of an administrative disposition. The term “benefits” referred to herein includes both positive benefits and passive benefits consisting of expenditures that should have been incurred but were not incurred, or expenditures that were reduced. Regulations governing the calculation and estimation thereof shall be prescribed by the central competent authority.
中文原文 廢棄物清理法第63-1條
依本法處罰鍰者,其額度應依污染程度、特性及危害程度裁處;其裁罰準則,由中央主管機關定之。
違反本法義務行為而有所得利益者,除應依本法規定裁處一定金額之罰鍰外,並得於所得利益之範圍內,予以追繳。
為他人利益而實施行為,致使他人違反本法上義務應受處罰者,該行為人因其行為受有財產上利益而未受處罰時,得於其所受財產上利益價值範圍內,予以追繳。
行為人違反本法上義務應受處罰,他人因該行為受有財產上利益而未受處罰時,得於其所受財產上利益價值範圍內,予以追繳。
前三項追繳,由裁處機關以行政處分為之;所稱利益得包括積極利益及應支出而未支出或減少支出之消極利益,其核算及推估之辦法,由中央主管機關定之。
違反本法義務行為而有所得利益者,除應依本法規定裁處一定金額之罰鍰外,並得於所得利益之範圍內,予以追繳。
為他人利益而實施行為,致使他人違反本法上義務應受處罰者,該行為人因其行為受有財產上利益而未受處罰時,得於其所受財產上利益價值範圍內,予以追繳。
行為人違反本法上義務應受處罰,他人因該行為受有財產上利益而未受處罰時,得於其所受財產上利益價值範圍內,予以追繳。
前三項追繳,由裁處機關以行政處分為之;所稱利益得包括積極利益及應支出而未支出或減少支出之消極利益,其核算及推估之辦法,由中央主管機關定之。