家事勞動力損害賠償的要件及計算──著重倫理性觀點

The Requirements and Calculation of Compensation for Family Workforce: Due to the Ethics

本文藉由歷史性、比較法及方法論觀點，探究家事勞動力損害賠償的立法要件的妥當性，並強調家事勞動力具有倫理性及財產性本質，法院在審酌其損害賠償時，應注意兩者的不同，以做出適當的認定。此外本文也藉由德國實務界所採用的家事勞動時數分配表，精確計算賠償請求權人可以請求家事勞動賠償的時數，以供我國法界參考。

This Article would like to discuss the legitimacy of the legislative elements of compensation for family workforce through historical, comparative and methodological views, and emphasizes that the family workforce involves ethical and property in its nature. Given the above, the court should consider the difference between the two and make appropriate judgment for the trial of compensation. In addition, this Article also refers the family workforce hours allocation table adopted by the German practice, which precisely calculate the hours that the compensation clamant can claim for family workforce.