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2015.11.1311046.40 K2011annual Report Legal Aid Foundation Annual Report 2011 Legal Aid Foundation Philosophy 1.Equality – to fulfill the constitutional right of equal access to the legal system, and to facilitate improvement of economic status 2.Human Rights – to protect the human rights of the disadvantaged 3.The Rule of Law – to complement the system of the rule of law Principles of Service 2011 Annual Report To be approachable To adopt efficient procedure To be flexible To provide professional services Mission Statement 1. To engage in self-reflection, seek reforms and enhance the soundness of the legal aid system 2. To make legal aid available throughout Taiwan 3. To actively publicize legal aid information 4. To allow convenient access to legal aid 5. To advance the quality of legal aid services 6. To encourage the participation of lawyers in legal aid and social reform 7. To strengthen the promotion of legal education for disadvantaged people Legal Aid Foundation Contents 4 Preface 5 Chapter 1 Pro›le 6 Section 1‧Organizational Structure 7 Section 2‧Board of Directors 9 Section 3‧Board of Supervisors 10 Section 4‧Secretary-General and Deputy Secretary-General 11 Section 5‧Branch Offices 14 Section 6‧Part-Time Personnel 21 Chapter 2 Legal Aid Business 22 Section 1‧Legal Aid Cases and Applicants 41 Section 2‧Operational Management 47 Chapter 3 Special Programs 48 Section 1‧Immediate Support for Labor Litigation Program 51 Section 2‧Legal Aid for Consumer Debt Clearance Program 54 Section 3‧First Criminal Interrogation Accompanied by Legal Aid Attorney Program 58 Section 4‧Legal Aid for Victims of Human Trafficking Program 62 Section 5‧Typhoon Morakot Disaster Service Program 64 Section 6‧Expanded Legal Consultation Program 2 Index |2011 Annual Report 65 Chapter 4 Cases of Major Social Concern 66 Section 1‧The Case of RCA Pollution 67 Section 2‧State Compensation in High School Teacher’s Sexual Assault Case 68 Section 3‧The Chiji Group Illegally Withheld Migrant Workers’ Salaries Case 68 Section 4‧State Compensation for Villagers of Jialan, Siaolin Haocha and Nanshalu 72 Section 5‧The Mysterious Deaths by Poisoning Case in Sinyi Township, Nantou 73 Chapter 5 Financial Management 74 Section 1‧Independent Auditor’s Report 91 Section 2‧Analyses on Key Points of Financial Report 95 Chapter 6 Promotion and Education 96 Section 1‧Outreach Services for Rural Areas 97 Section 2‧Public Promotion 105 Section 3‧Legal Education 106 Chapter 7 International Communication 107 Section 1‧Major International Communication Activities 107 Section 2‧Distinguished International Visitors 110 Section 3‧Participation in International Meetings 112 Section 4‧Visit to Legal Aid Organizations in Hong Kong S.A.R. 109 Chapter 8 Promotion and Education 116 Appendices 117 Appendix I. Overview of LAF Regulations Stipulated or Amended in 2011 118 Appendix II. Chronicle of Major Events in 2011 120 Appendix III. Contact Information of Branch Offices 122 Appendix IV. Statistics of Cases Handled by LAF Branches in 2011 Index 3 Preface Ever since the establishment of the Legal Aid Foundation (LAF) on July 1, 2004, more than 470,000 people have applied to the Foundation for services. LAF has provided legal consultation to over 160,000 people in addition to legal services including mediation and settlement negotiation, drafting legal documents and representation in court proceedings to over 160,000 disadvantaged people. In year 2011, the Foundation continued to provide various legal aid services, including granting legal aid in 28,495 applications and 66,398 legal consultation applications. To meet the different needs of migrant workers, new immigrants, teenagers, credit card debtors, laborers and other disadvantaged groups, the Foundation proceeded with a variety of existing service programs while launching new ones, including the “Legal Aid for Victims of Human Trafficking” Program, the “Legal Aid for Juvenile Assistance” Program, the “Legal Aid for Consumer Debt Clearance” Program, the “Immediate Support Program for Lador Litigation”, the “Expanded Legal Consultation” Program, and the “First Criminal Interrogation Accompanied by Legal Aid Attorney” Program to protect the rights of criminal suspects. By the end of 2011, a total of 2,580 attorneys have registered as the Foundation’s legal aid attorneys, and their expertise and professional ethics greatly influenced the quality of services they provided to legal aid recipients. To ensure the quality of services, the Foundation’s focus in 2011 was set upon the “elevating the quality of legal aid attorneys project”. A project team was formed to deliberate on the systematic amendment to the criteria of allowing legal aid attorneys’ participation in cases and the evaluation of their performance after case closure. A policy was made on the basis of this focus, in that attorneys with less than two years experience in practice should not represent a legally aided plaintiff or defendant in court proceedings. Also, to advance the quality of application assessment, with the exception of applications made in remote areas, no attorneys with less than three years of experience in practice should be nominated as Commissioner of the Assessment Committee. To reinforce the auditing of the opening of cases, the timeframe for following-up cases with uncollected advance remuneration has been shortened from four months to two months. The mechanism of reporting case closures was amended so that more specific details and documents in relation to conduct of the case must be listed and provided to enable evaluation of the attorneys’ performance in these cases. The complaint procedures and system flow controls were improved to encourage applicants or recipients to raise their complaints. The Foundation continued to conduct and review the Performance Evaluation System, to manage and remove unsuitable attorneys. LAF also actively arranged series of educational trainings for legal aid attorneys to advance their expertise in selected issues concerning disadvantaged groups. All of these efforts were rewarded and effects were seen. Moreover, full-time staff attorneys have been recruited by the Foundation since 2006 to represent victims in the “RCA vocational injuries case”, the “Typhoon Morak case” and in other cases of major social concern. In 2011, the Foundation actively recruited staff attorneys, and continued to seek experienced outstanding and caring attorneys to join Legal Aid. Chapter 1 Pro›le Section 1‧Organizational Structure Section 2‧Board of Directors Section 3‧Board of Supervisors Section 4‧Secretary-General and Deputy Secretary-General Section 5‧Branch Offices Section 6‧Part-Time Personnel Legal Aid Foundation Section 1‧Organizational Structure Board of Directors Board of Supervisors Chairperson of Chairperson of Board of Directors Board of Supervisors Secretary-General Auditor Deputy Review Committees Secretary-General Directors of Specialist Committees 21 Branch Offices and Legal Affairs Department of Legal Research Staff Attorneys Staff Secretariat Department of Accounting & Managing Department of Administration Affairs Promotion & Int’l Department of Public Management Department of Business Development Committee Research Committee Legal Affairs Committee Intermational Affairs Committee Legal Aid Attorneys Evaluation Committee Assessment Committee Executive Secretaries and Staff Document Control Cashier Management Information Resources Human General Affairs 6 Organization Profile |2011 Annual Report Section 2‧Board of Directors The Board of Directors is the highest decision-making body of the Foundation. Thirteen Directors are appointed by the president of the Judicial Yuan to serve a term of 3 years on part-time unpaid basis. Directors include: two representatives of the Judicial Yuan; one representative from the Ministry of Justice, the Ministry of Interior and the Ministry of National Defense respectively; four attorneys recommended by the National Bar Association and local Bar Associations as persons who actively participate in legal aid work; two academics or experts who have specialist knowledge in law or in related disciplines; one representative of disadvantaged groups and one representative of aboriginal people. The term of office of the 3rd term Board of Directors commenced from March 23, 2010 and will end on March 22, 2013. The Board of Directors meets once every month, and a total of 12 meetings were convened in 2011. Members of the 3rd term Board of Directors are listed as follows (in alphabetical order): Chairperson : ◆ Jing-fang Wu (Professor, Department of Law, National Taipei University) Jing-fang Wu, Chairperson of the Board Directors : ◆ He-guei Chen (Attorney-at-Law; Patent Attorney, Taiwan International Patent & Law Office) ◆ Jyun-bi Chen (Director-General, Civil Department, Judicial Yuan) ◆ Jyun-cing Chen (Attorney-at-Law; Former President of Taiwan Bar Association) ◆ Man-li Chen (Standing Director of National Alliance of Taiwan Women Association) ◆ Ling-ling Fei (Director, Department of Prevention, Rehabilitation and Protection, Ministry of Justice) ◆ Jhih-ren Jhou (Director, Department of Military Justice, Ministry of National Defense) ◆ Jian-nan Liao (Partner, Minde Law Firm) ◆ Chun-rong Lin (Attorney-at-Law, Chun-rong Lin’s Law Firm) ◆ Jyun-yi Lin (Director-General, Criminal Department, Judicial Yuan) ◆ Wen-shih Liou (Counselor, Executive-Secretary of Legal Affairs Committee, Ministry of the Interior) ◆ Wen-tian Sie (Attorney-at-Law, Wen-tian Sie Law Firm) ◆ Chih-wei Tsai (Assistant Professor, Department of Indigenous Development and
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