英文摘要 |
The Judicial Yuan made an J.Y. Interpretation No. 767 on July 27, 2018. In Article 13 (9) of the Drug Injury Relief Act by the Ministry of Health and Welfare, person who has “The common and foreseeable adverse reaction from drug usage” is not eligible for any drug injury relief. This J.Y. Interpretation is in the opinion gap between the Justices of the Constitutional Court. For the principle of clarity and definiteness of law, proportionality, people’s rights to subsistence, and the right of health have also caused many depth discussion. This article explores the differences of drug injury relief among Taiwan, Japan, and Germany. The drug injury relief system in Japan and South Korea excludes certain drugs (such as anticancer drugs or immunosuppressive drugs) within the scope of relief. There is not explicit exclusion of certain high-risk drugs in Taiwan, but there is a similar normative effect in Article 13 (9) of the Drug Injury Relief Act that exclude “The common and foreseeable adverse reaction from drug usage” within the scope of relief. |