公務員食品安全檢驗之國家賠償責任──以怠於執行職務為中心

The State Compensation Responsibilities for Food Safety Inspection of Civil Servants-Focusing on Official and Slack in Performing Duties

近年來，食安問題嚴重，同時也相當受到社會矚目，食品安全檢驗既然經過經濟部工業局核發食品GMP標章，也曾利用公開場合向民眾宣揚認證標章，理應確保該食品可供人民安全食用，但相關主管機關的公務員若未善盡查核檢驗工作、避免人民誤食有毒物質之職責時，似乎並未有任何行政機關需要為此負起賠償責任；本文即以國家賠償視角，探究公務員怠於執行食品安全檢驗職務之問題，並建議爾後我國對於食安事件的國家賠償責任要件認定上，若能納入流行病學因果關係的判斷思維，藉以平衡行為人與被害人的法律地位，另在審認公務員是否具有故意或過失的要件時，則應透過「過失推定」及「有責性客觀化」原則，由行政機關舉證自身並無故意或過失，並作為國家賠償責任的判斷依據，以落實憲法保障人民自由權利之核心精神。

In recent years, food safety has become a serious problem, and it has also attracted social attention. Since the food safety inspection has been issued by the Industrial Bureau of the Ministry of Economic Affairs and issued the food GMP mark, and has also used public occasions to publicize the certification mark to the public, it should ensure that the food can be safely eaten by the people. However, if the civil servants of the relevant competent authorities fail to perform their duties in the inspection and prevent the people from eating poisonous substances accidentally, it seems that no administrative authority needs to be liable for compensation. From the perspective of state compensation, this paper explores the problem of civil servants' laziness in performing inspection duties of food safety. At the same time, this paper also suggests that Taiwan's determination of state compensation responsibility for food safety incidents should be included in the determination of epidemiological causality to balance the legal status of the perpetrator and the victim in the future. In addition, when examining whether a civil servant has the elements of intention or negligence, the principles of 'Presumption of Fault' and 'Objectability of Accountability' should be adopted. Administrative organs should prove themselves that there is no intention or negligence, provide a basis for judging state compensation responsibility, and implement the core spirit of the Constitution to protect people's freedom and rights.