
台中市南區一處建案工地去年發生鷹架倒塌,都發局對監造黃姓建築師裁罰9萬元,黃男不服提告。法院認定監造與監工職責不同,判決撤銷裁罰。
台中市南區去年發生建案鷹架倒塌釀2死2傷事故,都發局裁罰監造黃姓建築師9萬元。黃男不服提告,台中高等行政法院地方庭認定「監造」與「監工」法定職責不同,工地安全應由承造人負責,判決撤銷裁罰。
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台中市南區一處建案工地去年發生鷹架倒塌,造成2死2傷。都發局認定監造建築師未善盡工地安全責任並裁罰9萬元。
台中市南區一處建案工地去年發生鷹架倒塌,造成2死2傷。(資料照)
台中市南區一處建案工地去年發生鷹架倒塌釀2死2受傷,市府都發局認定負責監造的黃姓建築師未善盡工地安全責任,裁罰9萬元,黃男不服提告。台中高等行政法院地方庭近日認定,「監造」與「監工」法定職責不同,黃男屬監造人,工地安全應由監工負責,判決撤銷裁罰。
這起事故發生後,都發局調查工地拆除施工架時,既然上半部壁連桿遭拆除,就應注意結構穩定,卻仍堆放建築材料,顯然施工及安全防護有所疏失,因此對承、監造等相關人員開罰,其中擔任監造建築師的黃男遭裁處9萬元。
黃男不服,主張「監造」與「監工」不能混為一談,營造廠依法設有主任技師、工地主任等專任人員負責現場監工,包含施工技術指導、施工程序及工地安全管理,建築師的監造工作,則主要在確認工程是否依核准圖說施工,兩者法定職責並不相同。
法院審理後認為,建築師法早於1984年修法時,即已刪除建築師「指導施工方法、檢查施工安全」等相關規定,工地勞工安全防護及施工方法,原則上屬承造人法定責任,監造建築師主要在查核工程是否依核准圖說施作,並非必須全程掌握現場每一項施工操作。
本案施工架倒塌涉及壁連桿拆除後仍堆放大量物料的操作,都發局未能證明黃男事前巡查時已發現具體危害,卻未採取措施,也沒有證據顯示黃男對施工架拆除方法具有實際決定或控制權,認定都發局將營造廠的施工安全責任直接歸責於監造建築師,理由不足,判決撤銷9萬元罰鍰,仍可上訴。
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The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Harvard University, requiring the school to turn over records of faculty applicants from 2018 to investigate whether its hiring practices involve racial and gender discrimination, especially against white men. EEOC Chairman Lucas alleges that Harvard’s diversity program since 2013 has caused the proportion of white male faculty to drop from 64% to 56% while other racial groups have increased. Harvard claims that its hiring is based on ability and qualifications and will oppose the lawsuit.

Media personalities Zhou Yukou and Cai Yuzhen were sued by Zhang Shujuan for aggravated defamation because they said in the program that Miss China Zhang Shujuan was the heroine of Jiang Xiaoyan's "Jinghua Rolling Bed Case". They were each sentenced to 1 year and 6 months in prison in the first instance. After appeal, the High Court commuted the sentences of Zhou Yukou to nine months and Cai Yuzhen to six months in prison on September 29. It also determined that Zhou Yukou was at risk of fleeing and ruled that he was restricted from leaving the country and going to sea for eight months in accordance with the Criminal Procedure Law.

Former Miss Republic of China Zhang Shujuan filed a lawsuit angrily after being accused by Zhou Yukou and Cai Yuzhen of being involved in the Chiang Xiaoyan scandal. The High Court recently changed the conviction of the two men. Zhang Shujuan held a press conference today and was moved to tears and knelt down to seek justice. At the same time, she reviewed her life journey from a beauty pageant champion to the biomedical industry and into artistic creation.

Former Miss China Zhang Shujuan filed a lawsuit after being accused by media personalities Zhou Yukou and Cai Yuzhen of being the heroine of Jiang Xiaoyan Jinghua's sex scandal. The second instance of the High Court yesterday changed the sentence of Zhou Yukou to nine months in prison without any fine, while Cai Yuzhen was sentenced to six months in prison with a simple fine. Zhang Shujuan burst into tears at the press conference this afternoon and knelt down to express her extreme dissatisfaction and deep sorrow over the verdict.

The owner of a camping trailer parked his car in the dedicated bus parking lot of Kenting Houbihu Yacht Management Station and was fined 1,500 yuan by the Kenting National Park Management Office. The owner filed a petition and administrative lawsuit, claiming that there was no clear specification of the type of vehicle the camper trailer belonged to, and that there was no dedicated parking area or prohibition notices, and requested that the punishment be revoked. The Kaohsiung High Administrative Court held that it was the car owner's responsibility to find a parking place and dismissed the lawsuit, but the car owner decided to appeal.

From October 1, 2023, a number of new regulations will be implemented, including the written informed consent of guardians required for prescribing anesthetic drugs to minors, the entire category of orphenate substances being listed, the launch of new CCC certification rules for electronic toilets and electric blankets, and national standards for recycled pulp Revision, implementation of new national standards for electronic functions of child seats, issuance of cybersecurity supervision and inspection measures, trial implementation of management regulations on the list of seriously dishonest entities, as well as new local regulations such as Beijing’s maximum reward of 1 million yuan for reporting major violations and the right of consumers to reject unsealed take-out meals in Guangdong.