Act to Restore Victim's Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule Article 19

A person who has, prior to the entering into effect of this Act, received compensation/reparation in accordance with a decision made by the Memorial Foundation of 228 (hereinafter referred to as the Memorial Foundation) or the Compensation Foundation for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period (hereinafter referred to as the Wrongful Trials Foundation) after the respective ascertainment of facts and applicable compensation units resulted in an investigation conducted on their respective initiatives, or been granted compensation by a court judgment made in accordance with Article 6, Paragraph 1 of the Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period, which shall apply mutatis mutandis the provisions of the Wrongful Imprisonment Compensation Act, may apply for restoration of rights to the Restoration of Rights Foundation in accordance with provisions of Articles 4 and 10.Where a decision on the compensation/reparation units for a case involving the death or disappearance of a victim or a convict has been previously made by the Memorial Foundation or the Wrongful Trials Foundation, the Restoration of Rights Foundation shall conduct an investigation on its own initiative. Where the said investigation indicates that the circumstances of the death in question satisfy the criteria provided in Article 5, Paragraph 1, Subparagraph 1 of this Act, the amount of compensation for such a case shall be calculated in accordance with provisions of Article 6, Paragraph 1 of this Act. Where the grounds for compensation/reparation satisfy the criteria provided in Article 5, Paragraph 1, Subparagraph 3 of this Act, the amount of monetary compensation for such a person shall be calculated in accordance with provisions of Article 6, Paragraphs 2 and 3, based on the duration of personal freedom restraint multiplied by the compensation units specified in Appendix 1.Where there are grounds of granting compensation/reparation that are consistent with provisions of Article 5, Paragraph 1, Subparagraph 2 in a case that involves a person the compensation/reparation units in whose case have previously been determined by the Memorial Foundation or the Wrongful Trials Foundation in accordance with provisions of Article 8, Paragraph 1, Subparagraph 3 of The February 28 Incident Disposition and Compensation Act or Article 6, Subparagraph 2 and 3 of the Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period, or a person who has previously been granted compensation by a court judgment made in accordance with Article 6, Paragraph 1 of the Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period, which shall apply mutatis mutandis the provisions of the Wrongful Imprisonment Compensation Act, an amount of monetary compensation shall be calculated in accordance with provisions of Article 6, Paragraph 2, based on the duration of personal freedom restraint or the days ruled by the court judgment to be served as the basis for claiming compensation multiplied by the compensation units specified in Appendix 1.Where the compensation/reparation units have been determined by the Memorial Foundation in accordance with provisions of Article 8, Paragraph 1, Subparagraphs 2 or 5 of the February 28 Incident Disposition and Compensation Act, the amount of the monetary compensation shall be calculated based on the approved compensation units multiplied by the amount of 120,000 NTD for each unit.Appendix 1.ODT