Chapter 6 Penalty:
Article 86
A person conducting delivery that violates the regulations described in Paragraph 1 of Article 14 shall be fined a sum of no less than NT$6, 000 and no more than NT$30,000 by the health authority.
Article 87
The authorized agency shall fine the person who violates the regulations described in Paragraph 1 of Article 15 (to conduct an adoption matching services without permission) a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and announce its name or title.
Article 88
For an adoption matching service agency that violates the regulations relating to the examination and management, closure, suspension and resumption of business mentioned in Paragraph 4, Article 15, authorized agencies in charge of establishment permits shall request corrective actions in a certain period of time. If case of failure to improve before the given deadline, the agency may be fined a sum of no less than NT$30,000 and no more than NT$150,000 per violation; if it is a serious violation, it may be ordered to suspend operations for a period of no less than one month and no more than one year, and its title or name shall be announced publicly.<br>If an adoption matching service agency is ordered to close in accordance with the regulations of the preceding paragraph disobeys, or fails to improve before the given deadline, authorized agencies in charge of establishment permits shall have its permit revoked.
Article 89
Anyone who violates the regulations described in Paragraph 3 of Article 21, Paragraph 5 of Article 53, Paragraph 5 of Article 54, Paragraph 2 of Article 66 or Paragraph 3 of Article 69 without any reasonable ground will be fined a sum of no less than NT$20,000 and no more than NT$100,000.
Article 90
Anyone who violates the regulation described in Paragraph 1 of Article 26 regarding the registration of family childcare services will be fined a sum of no less than NT$6,000 and no more than NT$30,000, and will be ordered to improve in a certain period. Those who fail to improve before expiry will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 and will be ordered to transfer children under their childcare services within a month. Those who are not capable of transferring children shall be assisted by municipal or county (city) competent authorities.<br>During the improvement before expiry, municipal or county (city) competent authorities shall inform parents and assist family childcare service providers in transferring children according the parents’ inclinations, and shall intensify visits and guidance.<br>Those who fail to conform to the order of transfer described in Paragraph 1 will be fined a sum of no less than NT$6,000 and no more than NT$30,000, and municipal or county (city) competent authorities shall forcibly transfer children under their childcare services.<br>During the improvement before the expiry described in Paragraph 1, family childcare service providers shall not accept additional children. Those who violate the regulation will be fined a sum of no less than NT$6,000 and no more than NT$30,000 per violation; municipal or county (city) competent authorities shall forcibly transfer children under their childcare services.<br>Those who violate the regulation described in Paragraph 4 of Article 26 or those who fail to improve before expiry according to the regulation described in Paragraph 5 regarding the results of the number of children accepted under childcare services, registration, or assistance will be fined a sum of no less than NT$6,000 and no more than NT$30,000 per violation. If there is any serious violation or no improvement after three penalties, municipal or county (city) competent authorities may revoked their registration.<br>Those whose registration is revoked according to the regulations described in the previously paragraph shall not register as family childcare service providers within one year from the date of revocation.<br>Those who violate the regulation described in Paragraph 4 of Article 26-1 and fail to terminate the services ordered by municipal or county (city) competent authorities will be fined a sum of no less than NT$60,000 and no more than NT$300,000, and their names will be made public.
Article 90-1
If violators of the regulations of Paragraph 3, Article 29 meet one of the following conditions, the principals of public/private schools or persons in charge of short-term tutorial centers or after-school care service centers for children shall be fined by the authorized agencies in charge of education a sum of no less than NT$6,000 and no more than NT$30,000; in addition, they shall also be ordered to implement improvements in a certain period of time. The fine shall be imposed per violation in case of failure to improve before the given deadline:<br>1. Vehicles which are not authorized or reported for reference are used to carry students.<br>2. The number of students carried exceeds the authorized number of people specified in the vehicle license.<br>3. Students are not carried in conformity to the regulations of transport vehicles.<br>4. Not enough qualified attendants are appointed to take care of students.<br>The violators against the applicable scope and specific age specified in Paragraphs 3 and 4, Article 33 may be fined by each competent authority a sum of no less than NT$6,000 and no more than NT$30,000. In addition, they shall be ordered to improve within a certain period of time. The fine shall be imposed per violation in case of failure to improve before the given deadline.
Article 90-2
If the violators of the regulations of Article 33-1 ordered by special municipal or county (city) authorized agencies in charge of transportation to improve within a certain period of time fail to improve before the given deadline, a fine shall be imposed on the owner or person in charge of the organization a sum of no less than NT$10 000 and no more than NT$50,000; the fine may be imposed per violation until the improvement is completed.<br>The owner or person in charge of the organization who violates Paragraph 2, Article 33-2 and fails to improve, propose an alternative improvement plan, or complete the improvement according to the approved improvement plan before the given deadline shall be fined a sum of no less than NT$10,000 and no more than NT$50,000 and ordered to improve within a certain period of time by the special municipal or county (city) authorized agency in charge of construction. In case of failure to improve before the given deadline, the fine may be imposed per violation until the improvement is completed.<br>Paragraph 1 shall come into force three years from the date of promulgation of the amendments on November 27, 2015; the preceding paragraph shall come into force five years from the date of promulgation of the amendments on November 27, 2015.
Article 91
Parents, guardians or other people looking after children and youth who seriously violate the regulation described in Paragraph 2 of Article 43 will be fined a sum of no less than NT$10,000 and no more than NT$50,000.<br>Anyone who sells, delivers, or supplies alcohol or betel nuts to children and youth will be fined a sum of no less than NT$10,000 and no more than NT$100,000.<br>Anyone who sells, delivers, or supplies drugs, illegal or controlled medicines, or other material that might harm their physical and mental health will be fined a sum of no less than NT$60,000 and no more than NT$300,000.<br>Anyone who sells, delivers, or supplies children and youth publications, photos, video program tapes, films, CDs, electronic signals, gaming software or other articles relating to violence, blood, sex or obscenity will be fined a sum of no less than NT$20,000 and no more than NT$100,000.<br>Except for violations of regulations regarding newspapers, which shall be handled according to Article 45 and Article 93, those who violate the regulation described in Paragraph 4 of Article 43 will be fined a sum of no less than NT$50,000 and no more than NT$250,000, and will be asked to improve within a certain period, and their names or titles will be made public; the fine will be charged per violation in case of failure to improve before expiry. Authorities may ask the authority in charge of the relevant industries to suspend the operation of those who seriously violate the regulations for no less than one month and no more than one year.
Article 92
If publications, video tapes, game software, and other articles other than newspapers are confirmed by the authorized agencies to have a negative impact on the physical and mental health of children and youth and therefore shall be classified and those responsible for rating management shall be fined a sum of no less than NT$50,000 and no more than NT$250,000 in case of one of the following conditions, and shall be ordered to improve in a certain period of time; the fine may be imposed per violation in case of failure to improve before the given deadline:<br>1. Lack of rating management in violation of the regulations of Paragraph 1, Article 44.<br>2. Violation of the regulations of Paragraph 3, Article 44 regarding the types and contents of classification.<br>Those responsible for rating management as specified in the preceding paragraph who violate the regulations relating to the marking specified in Paragraph 3, Article 44 shall be fined a sum of no less than NT$30,000 and no more than NT$150,000 and ordered to improve in a certain period of time; the fine may be imposed per violation in case of failure to improve before the given deadline.<br>Those who violate the regulations of Paragraph 2, Article 44 shall be fined a sum of no less than NT$10,000 and no more than NT$50,000 and ordered to improve in a certain period of time, and their names or titles shall be announced publicly; the fine may be imposed per violation in case of failure to improve before the given deadline.
Article 93
A newspaper business that fails to perform disposal according to Paragraph 3, Article 45 shall be fined a sum of no less than NT$30,000 and no more than NT$150,000 and ordered to perform disposition in a certain period of time; in case of failure to perform disposition before the given deadline, the fine may be imposed per violation until disposition is performed. The same procedure shall apply to those confirmed by the authorized agencies in accordance with the regulations of Paragraph 4, Article 45.
Article 94
The Internet platform providers that fail to take measures to limit children and youth’s receiving and browsing of harmful Internet contents, or remove them in advance in accordance with the regulations of Paragraph 3, Article 46 shall be fined by competent authorities a sum of no less than NT$60,000 and no more than NT$300,000; in addition, they shall be ordered to improve in a certain period of time; the fine shall be imposed per violation in case of failure to improve before the given deadline.<br>Those who violate the regulations of Article 46-1 shall be fined a sum of no less than NT$100,000 and no more than NT$500,000 and ordered to improve in a certain period of time, and their names or titles shall be announced publicly; the fine may be imposed per violation in case of failure to improve before the given deadline; if the violation is serious, they may be ordered to suspend operations for a period of no less than one month and no more than one year.
Article 95
Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 2, Article 47 shall be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000.<br>Responsible people and employees in the operational site that violate the regulations described in Paragraph 3, Article 47 shall be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000 and the name of the responsible person shall be announced publicly.
Article 96
Parents, guardians or other people looking after children and youth who violate the regulations of Paragraph 1, Article 48 shall be fined a sum of no less than NT$20,000 and no more than NT$100,000, and their names shall be announced publicly.<br>Any violators of the regulations of Paragraph 2, Article 48 shall be fined a sum of no less than NT$60,000 and no more than NT$300,000, and the names of the violators and persons in charge of the premises shall be announced publicly; in addition, they shall be ordered to improve in a certain period of time; in case of failure to improve within the given deadline, they shall be ordered to suspend operations for a period of no less than one month and no more than one year while serious cases shall be forwarded by the authorized agencies to competent authorities to order their suspension.
Article 97
Those who violate one of the regulations described in each subparagraph of Paragraph 1 of Article 49 will be fined a sum of no less than NT$60,000 and no more than NT$600,000, and their names or titles will be announced.
Article 98
Anyone who violates the regulations prescribed in Paragraph 2 of Article 50 shall be fined a sum of no less than NT$ 10,000 and no more thann NT$ 50,000.
Article 99
Parents, guardians or other people looking after children and youth who violate the regulations described in Article 51 shall be fined a sum of no less than NT$ 3,000 and no more than NT$ 15,000.
Article 100
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigration personnel, personnel of household registration, village offers or other conductors implementing children and youth welfare who violate the provision for reporting described in Paragraph 1 of Article 53 without reasonable grounds will be fined a sum of no less than NT$6,000 and no more than NT$60,000.
Article 102
Parents, guardians or other people looking after children and youth who meet one of the following conditions shall be ordered by the authorized agencies to accept guidance of parental education for no less than four hours and no more than fifty hours.<br>1. Those who fail to prohibit children and youth from behaviors described in Subparagraph 2, Paragraph 1 of Article 43.<br>2. Those who violate the regulations described in Paragraph 2, Article 47.<br>3. Those who violate the regulations described in Paragraph 1, Article 48.<br>4. Those who violate the regulations described in each subparagraph of Article 49.<br>5. Those who violate the regulations described in Article 51.<br>6. Those who allow children and youth the behaviors described in each subparagraph of Paragraph 1, Article 56.<br>Parents, guardians, or other people looking after children and youth who accept guidance of parental education according to the previously mentioned paragraph and fail to attend as scheduled may apply for a delay on reasonable grounds.<br>Anyone who refuses to accept guidance, parental education or the required hours of completion shall be fined a sum of no less than NT$ 3,000 and no more than NT$ 30,000; the fine shall be charged per violation against refusal after re-informing until it has been accepted.<br>Those who complete the guidance and parental education shall be exempted from the fine described in Paragraph 1,Article 91, Paragraph 1, Article 95, Paragraph 1,Article 96, Article 97 and Article 99.
Article 103
Broadcasting and television businesses that violate the regulations described in Paragraph 1,Article 69 shall be fined by the competent authority a sum of no less than NT$ 30,000 and no more than NT$ 150,000, and shall be ordered to improve before a certain period of time; the fine shall be charged per violation in case of failure to improve before the given deadline.<br>People responsible for promotional material, publications, internet or other media that violate the regulations described in Paragraph 1, Article 69 shall be fined by the competent authority a sum of no less than NT$ 30,000 and no more than NT$ 150,000. Articles described in Paragraph 1 of, Article 69 shall be confiscated and the contents shall be ordered to be removed, taken off the shelf or other necessary disposal. The fine shall be charged per violation in breach of performance before the given deadline until it has been performed.<br>In the case of closure as referred to in Paragraph 4, Article 69, no fine shall be charged regarding previously mentioned two paragraphs.<br>Where there is no responsible person for the promotional material, publications, internet or other media or the responsible person is not obligated to supervise the offender’s behaviour, the fine referred to in Paragraph 2 shall be charged to the offender.<br>Before the revision of the Act on January 23,2015,people responsible for promotional material, publications, broadcast, television, internet or other medias that violate the regulations described in Paragraph 1, Article 69 shall be fined according to the regulation described in Paragraph 1 before revision. Where there is no responsible person for the promotional material, publications, broadcast, television, internet or other media or the responsible person is not obligated to supervise the offender’s behaviour, the fine shall be charged to the offender.
Article 104
Parents, guardians or other people looking after children and youth, teachers, employers, medical personnel or other relevant people who violate the regulations described in Paragraph 2, Article 70 without reasonable grounds shall be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000. The fine shall be charged per violation until there are no more violations or the requested information has been provided.
Article 105
Any establishment, welfare institutes for children and youth, after school care services classes and centres in breach of the regulations described in Article 76 or the first part of Paragraph 1, Article 82, shall be fined by the local authorities or education authorities a sum of no less than NT$ 60,000 and no more than NT$ 300,000. Their names or titles shall be announced publicly and they shall be ordered to improve in a certain period.<br>During the period of improvement, any additional care and placement of children and youth is not allowed, or the responsible person shall be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000, charged per violation.<br>A responsible person who is ordered to improve in a certain period described in Paragraph 1 but fails to improve before then shall be fined a sum of no less than NT$ 100,000 and no more than NT$ 500,000. He/she shall be sent for referral and re-placement of the children and youth under his/her care within a month. The local authorized agency shall assist the responsible person with what is not available, and the responsible person shall cooperate accordingly. Anyone who is unwilling to cooperate shall be forced to implement the order and fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000.
Article 105-1
Children and youth welfare institutes that violate the provisions described in Paragraph 5 or Paragraph 7 of Article 81 will be fined a sum of no less than NT$50,000 and no more than NT$250,000 and ordered by registration authorities to improve within a certain period. In case of failure to improve before expiry, the fine will be charged per violation; if necessary, the registration authorities may suspend their operation or revoke their registration.
Article 105-2
After-school care services classes and centres for children that violate Paragraphs 5 to 7 of Article 81-1 will be fined a sum of no less than NT$50,000 and no more than NT$250,000 and ordered by education authorities to improve within a certain period. In case of failure to improve before expiry, the fine will be charged per violation; if necessary, the education authorities may suspendtheir operations or revoke their registration.
Article 106
Welfare institutes for children and youth that violate the regulations of the last part of Paragraph 1, Article 82 shall have their outside fundraising terminated by the licensing agency. If they disobey, the fine shall be charged per violation, a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and the titles shall be announced publicly. Termination shall be for no less than one month and no more than one year for serious violations.
Article 107
Children and youth welfare institutes or after-school care services classes and centres for children that violate one of the regulations in Subparagraphs 1 to 4 of Article 83 will be fined a sum of no less than NT$60,000 and no more than NT$600,000 and ordered by registration authorities to improve within a certain period. In case of failure to improve before expiry, the fine will be charged per violation; suspension of operation will be for no less than one month and no more than one year for serious violations, and violators’ titles and responsible person will be made public.<br>Children and youth welfare institutes or after-school care services classes and centresfor children providing services without approval will be ordered to improve within a certain period by the local authorities or education authorities related to Paragraph 1 of Article 105. In case of any circumstances described in Subparagraphs 1 to 4 of Article 83 during the improvement before expiry, the local authorities or education authorities shall handle it according to the provision of the preceding paragraph.
Article 108
Children and youth welfare institutes or after-school care services classes and centres forchildren that violate one of the regulations in Subparagraphs 5 to 11 of Article 83 or are rated C or D in accordance with Paragraph 3 of Article 84 will be ordered by the registration authorities for improvement in a certain period. In case of failure to improve before expiry, they will be charged a sum of no less than NT$30,000 and no more than NT$300,000 per violation; suspension of operation will be for no less than one month and no more than one year for serious violations, and violators’ titles will be made public.<br>The registration authorities shall revoke the establishment permit of those who refuse to obey the suspension referred to in the preceding paragraph and the preceding two Articles or fail to improve before expiry.
Article 109
Welfare institutes for children and youth that violate the regulations described in Article 85 and fail to meet the placement offered by the licensing agency shall be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and ordered for enforcement.