Civic Groups Call for Swift Amendments to the National Sports Act and a Child and Youth Work Permit System
Cases of coaches convicted of sexually abusing children returning to private clubs and community teams reveal systemic gaps in Taiwan’s child-protection regime, where legal reform and disclosure mechanisms still lag far behind the risks children face.

Civic Groups Call for Swift Amendments to the National Sports Act and a Child and Youth Work Permit System民間呼籲速修《國體法》、建立兒少工作證制度
涉犯性侵、猥褻兒少的教練,即使判刑確定,甚至假釋出獄後,雖已離開校園和教育現場,仍能輕易轉入各種民間俱樂部、私人工作室擔任教練,持續近距離接觸兒少,並有權勢關係。
Coaches implicated in the sexual assault or molestation of children and adolescents, even after their convictions are final, and even after being released on parole, may have left campuses and formal educational settings, yet they can still easily move into all kinds of private clubs and studios as coaches, continuing to have close contact with children and adolescents and to occupy positions of power over them.
《報導者》整理與訪查過去案件發現,這是制度性的保護漏洞。由於《國民體育法》修法遲滯,狼教練資訊揭露始終缺乏明確法源;15年未動的《兒童及少年福利與權益保障法》修法,才進入草案公聽階段。兒少保護制度的缺漏,到底何時才能補破網?修法與制度改革的腳步,始終趕不上孩子面臨的性侵害風險。
A review and investigation by The Reporter of past cases found that this is a systemic gap in protection. Because amendments to the National Sports Act have stalled, there has never been a clear legal basis for disclosing information about predatory coaches; amendments to the Protection of Children and Youths Welfare and Rights Act, untouched for 15 years, have only just entered the draft public-hearing stage. When, exactly, will the gaps in the child-protection system be mended? The pace of legal and institutional reform has never caught up with the risk of sexual abuse faced by children.
“Song Zhibin, a baseball coach at an elementary school in Taiping District, Taichung, sexually assaulted and molested young players over many years. Last year (2025), the Taichung District Court convicted him of forcible sexual intercourse against more than a dozen underage boys; for a total of 90 offenses, he was sentenced separately to prison terms ranging from three years and six months to eight years and six months. After further investigation, the Taichung District Prosecutors Office discovered in April 2026 another 19 victims, and again indicted Song Zhibin for sexual assault and forcible molestation.”
「台中市太平區某國小棒球教練松志彬,長年性侵、猥褻小球員,去年(2025)台中地方法院判決其對十數位未成年少年強制性交罪,共計90件罪行分別判處3年6個月至8年6個月不等刑期。台中地檢署追查後(2026年4月)再發現19名被害人,再依性侵及強制猥褻罪起訴松志彬。」
The report was airing on the evening television news. Betty, a pseudonym, who lives in Taipei, was watching with her fifth-grade child when she finally seized the moment to say the words she had rehearsed for so long, words whose anxiety had kept her from sleeping soundly. Choosing her wording with care, Betty said, “I heard that a coach on your former team once violated players’ bodies. Has anyone touched your body in a way that made you uncomfortable?” The child thought for a moment and answered, “No.”
晚間電視新聞正播著這則報導,住在台北的貝蒂(化名)與小學五年級的孩子看著電視,她終於抓到機會,把練習許久、讓她焦慮到睡不安穩的話說出口。貝蒂小心翼翼措辭:「聽說你之前的球隊有教練冒犯隊員身體。有人觸碰你的身體、讓你不舒服嗎?」孩子思索一下,回答:「沒有。」
The instant she heard the child’s answer, Betty finally breathed a sigh of relief. At a press conference in January this year (2026), the Humanistic Education Foundation had revealed that brothers Lu Zhihe and Lu Zhihui, who had previously been sentenced to prison for sexually assaulting and molesting players, had after being released on parole become coaches for the “Shadow Warrior Parent-Child Community Baseball Team.” They had in fact coached players in several youth baseball tournaments, and had even rented school venues in Taipei’s Wanhua District. Shadow Warrior was the team Betty’s child had joined.
聽到孩子答案的當下,貝蒂終於鬆了一口氣。因為人本基金會在今年(2026)1月舉行記者會,公布曾因性侵與猥褻球員而判刑入獄的呂智和及呂智惠兄弟,在假釋出獄後竟然擔任「影武者親子社區棒球隊」的教練,在多項少棒比賽有實際指導選手,甚至還向台北市萬華區學校租借場地。影武者就是她的孩子參加的球隊。
Before that, Betty and another parent, Ajuan, also a pseudonym, had already taken their children away from Shadow Warrior. “At first my child still didn’t want to switch to a new team. Every time, I wanted to ask whether the two coaches with records of sexual assault had touched the child inappropriately, but I was afraid that if it had really happened, the child still wouldn’t dare say so. I quietly rehearsed over and over how to ask in a completely natural setting. It happened that the television was airing related news, and only then did I really ask.”
貝蒂之前才跟另一位家長阿娟(化名)一起帶著孩子離開影武者。「孩子一開始還不願意更換新球隊,我每次都想開口問,到底(孩子)有沒有被有性侵前科的兩位教練毛手毛腳,但又怕真的有、(孩子)卻不敢說;我默默模擬好幾次要在非常自然的情境下詢問,剛好電視播著相關新聞,才真的問出口。」
It was only after seeing media reports on the story that Betty and Ajuan were startled to realize that the coaches of the team their children played on every week had once been child sex offenders. At the time, in the team’s LINE group, other parents asked whether the reports were true. Lu Zhihe, who had changed his name to Lu Kai, admitted in the group: “What the parents have asked about is true. Much time has passed, and we are willing to bear everything.” When Betty and Ajuan saw this, their scalps went numb, and they began looking for excuses to take leave. But a parent serving as team leader suddenly demanded that all parents use their real names in the LINE group to post in sequence their support for the coaches; anyone who did not speak up was directly removed from the group. In an interview with The Reporter, Ajuan said:
貝蒂與阿娟就是看到媒體報導這則新聞,才驚覺自己孩子每週打球的球隊教練,曾經是兒少性侵犯。當時球隊LINE群組裡,有其他家長詢問這是不是真的,已改名為呂愷的呂智和在群組坦承:「家長詢問的為事實,事過境遷,我們願意承擔一切。」貝蒂與阿娟看到之後頭皮發麻,開始找理由請假;但是擔任領隊的家長突然要求所有家長實名在LINE群組接龍支持教練,若有人沒出聲,就直接被踢出群組。阿娟接受《報導者》訪問時說:
“Not joining in, leaving the group, that was no great matter. What shocked me most was that parents in the group began asking everyone to choose sides. They said the coaches had devoted themselves for a long time, provided bats and equipment, charged very little, and were doing it all to give back to baseball, so the coaches should be given a chance.”
「不參加、退出群組沒有什麼大不了,但最讓我吃驚的是,群組裡有家長開始要大家選邊站,認為教練長期奉獻,提供球具器材,並收費低廉,都是為了回饋棒球,應該要給教練機會。」
“But Betty and I both felt: this isn’t right. These are people with prior convictions for sexually assaulting children. How can they be allowed to come into contact with minors again? That was what we found most inconceivable.”「但我與貝蒂都覺得,這不對吧!這是有性侵孩童前科的人,怎麼能再接觸未成年?這也是我們覺得最匪夷所思的。」
According to other baseball coaches in the Wanhua area, after the Humanistic Education Foundation exposed the Shadow Warrior community baseball team’s coaches as having sexual-assault records, the team at one point changed its name and entered competitions under the new name. After being exposed again, it has not taken part in competitions since.
根據萬華地區其他棒球教練所知,影武者社區棒球隊自從被人本揭發教練有性侵前科後,一度改隊名,再以新隊名報名比賽,又再被揭露後,已經未曾參加比賽。
The fact that the Lu brothers had become coaches for a community team after being released on parole was first exposed in 2025 by Liu Baijun, executive director of the Taiwan Good Sports Association. The Humanistic Education Foundation, tracing the matter further back, found that from around 2023 the Lu brothers had been serving as community baseball coaches in the Wanhua area.
呂姓兄弟假釋出獄後,在社區球隊擔任教練,最早是台灣運動好事協會執行長劉柏君在2025年揭發;人本基金會則是向上追查至約2023年起,呂姓兄弟就在萬華地區擔任社區棒球隊教練。
Chen Zhiyuan, executive secretary of the Humanistic Education Foundation, pointed out that a community baseball team can hire coaches or set itself up as a studio without any formal registration; once players put on jerseys, they can enter competitions. Some small community tournaments do not even check coaching certificates: wearing a jersey is enough to coach from the sidelines. By contrast, schools hiring outside coaches are supposed to check, under the Gender Equity Education Act and the Regulations Governing the Reporting, Collection, Inquiry, Handling, and Use of Information on School Personnel Unsuitable Due to Gender-Related Incidents, whether a person is unsuitable. Yet even then, in the case of Song Zhibin, the Taichung elementary school hired him because it failed to conduct the check. How much more vulnerable, then, are community baseball teams that need not check at all?
人本基金會執行祕書陳志遠指出,社區棒球隊不需要立案就能聘請教練或自組工作室,穿上球衣就可以參與比賽,有些社區小比賽甚至不會檢查教練證,只要穿著球衣就能場邊指導;學校的外聘教練則會依據《性別平等教育法》及「涉性別事件之學校不適任人員通報資訊蒐集及查詢處理利用辦法」查詢是否不適任,卻依舊發生台中某國小教練松志彬因校方漏查而聘用的狀況,更何況是連查詢都不用的社區棒球隊。
Liu Baijun, Taiwan’s first female baseball umpire, recalled: “I met the Lu brothers around 2006. At the time, I was accumulating practical experience as a baseball umpire. When the elementary-school team coached by the two brothers played local scrimmages, they were willing to let me stand as umpire, even as plate umpire. Later, when I was able to become a baseball umpire smoothly, they really had helped me a great deal, and I was very grateful to them.”
身為台灣第一位女性棒球裁判的劉柏君回憶:「認識呂姓兄弟是在2006年左右,當時我正在累積擔任棒球裁判的實戰經驗,兩兄弟當時所帶的國小球隊在地區打對抗戰時,願意(讓)我站裁判、甚至是擔任主審,後來(我)能順利擔任棒球裁判,他們確實幫我很多,也很感謝他們。」
But more than two years ago, she received private messages from community baseball coaches saying that after leaving prison the Lu brothers had returned to grassroots baseball coaching and were even taking children to competitions, which was extremely inappropriate. They hoped Liu’s public profile could be used to stop the brothers from teaching baseball again and protect children’s safety. Liu, who once worked at the Garden of Hope Foundation, said: “My background as a social worker set off alarm bells. The two brothers should be permanently separated from children and adolescents. I kept raising this with the Taipei City Sports Federation and the baseball association, but no one paid attention.” In the end, she had no choice but to expose the matter at a Legislative Yuan public hearing:
然而兩年多前,她收到社區棒球教練私訊,指出呂姓兄弟出獄後回來擔任基層棒球教練,甚至帶小孩比賽,極為不妥,希望透過劉柏君的公眾知名度,讓他們不要再教球,保護兒童安全。曾在勵馨基金會任職的劉柏君說:「(自己)社工出身的背景,讓我警鈴大作,兩兄弟應該要與兒少永久隔離;我持續向台北市體育總會、棒協都提過,但沒人理。」她只好在立法院公聽會上揭發此事:
“After I exposed it, there were even coaches who privately relayed the brothers’ request that I leave them a way to live. But I am not trying to cut off their livelihood. They can do any work they want (they are currently selling fruits and vegetables at a market). The one thing they should not do is come into contact with children.” This case exposes the gaps in existing laws and regulations for protecting children and adolescents.
「當我揭發後,甚至有教練私下轉達兩兄弟的請求,希望放他們一條生路,但我沒有要斷他們的謀生路,他們可以做任何工作(目前在菜市場從事蔬果販售工作),唯獨不該接觸小孩。」 這個案例顯露了現行法令、規定對兒少保護的漏洞。
Regarding the disclosure of information on unsuitable coaches, the Sports Administration, predecessor of the Ministry of Sports, set up in 2025 a “Special Information Section on Unsuitable Coaches Involved in Illegal Incidents,” hereafter the unsuitable-coach section. It published the names of 144 coaches holding certificates from specific sports organizations who, over the 15 years from 2010 to 2025, had been involved in illegal incidents concerning gender equity, injury, homicide, and domestic violence. But Lin Yuxuan, secretary of the Humanistic Education Foundation, found in her investigation that the two Lu brothers were not on this list at all.
對於不適任教練的資訊揭露,體育署(運動部前身)在2025年設置「涉及違法事件不適任教練資訊專區」(以下簡稱不適任教練專區),公布2010至2025年的15年間,共有144名持有特定體育團體教練證的教練涉及性平、傷害、殺人及家庭暴力違法事件。但人本基金會祕書林郁璇追查發現,呂姓兄弟兩人根本不在這份名單上。
When reporters from The Reporter actually checked the Ministry of Sports section, they found that the platform’s data contained only names, sports, and links to court judgments; the section’s search function allowed users only to select categories and did not permit direct searches by coach name.
《報導者》記者實際查詢運動部該專區發現,平台中的資料只有姓名、運動種類與判決書連結;專區的搜尋功能只能選擇項目,無法直接檢索教練姓名。
Lin Yuxuan stressed that Lu Zhihe had changed his name to Lu Kai after leaving prison; even if he had been on the list at the time, the current search function would not find him.
林郁璇強調,像是呂智和出獄後改名為呂愷,即使當年有在名單裡,現在的搜尋功能也找不到。
The current draft remains with the Executive Yuan and has not yet been sent to the Legislative Yuan for amendment. Yet on June 23 this year, the Legislative Yuan passed, on third reading, a lawmaker-sponsored amendment concerning gender ratios. In other words, key reforms such as a legal basis for a coaching-certificate inquiry system and management rules for revoking coaching certificates have fallen through and, to this day, still lie with the Executive Yuan. Unsuitable coaches remain free to teach in communities, and parents have no channels through which they can search for them.
目前草案仍在行政院尚未送至立法院修法,但今年6月23日立法院已經以立委版本三讀通過任一性別比例的修法,換言之,關鍵的教練證查詢系統法源與教練證註銷管理等改革都落空,至今還躺在行政院。不適任的教練仍能在社區任教自如,家長也無法從各種管道查詢。
In response, Jiao Jiahong, deputy secretary-general of the Taiwan Good Sports Association and a former Legislative Yuan assistant, expressed regret. He said this should have been an opportunity to revise the system for revoking the certificates of unsuitable coaches. Although civic groups have called for amendments to protect children and adolescents, the Ministry of Sports has not actively stated a position.
對此,曾在立法院擔任助理的台灣好事協會副祕書長焦佳弘表達遺憾,認為這原本是一起修訂不適任教練證撤銷制度的機會,即使民間呼籲修法保護兒少,但運動部卻未積極表達態度。
Legislator Chang Yalin, who has long followed the issue of predatory coaches, believes that the Ministry of Sports’ unsuitable-coach section is currently incomplete in function and ineffective, and that it also lacks an adequate legal basis to require a mandatory inquiry mechanism. The law should positively enumerate the conduct that makes sports coaches and sports referees unsuitable, she said, drawing on Article 4 of the Regulations Governing the Establishment of Qualification Certification and Management for Sports Coaches by Specific Sports Organizations, and listing 11 items including sexual assault, homicide, sexual exploitation of children and adolescents, and sexual bullying. The Ministry of Sports should establish the inquiry system, while city and county competent authorities should conduct inquiries. She criticized the ministry for invoking the lack of a legal basis as its reason for inaction, yet when it comes to actually establishing that basis and amending the relevant provisions of the National Sports Act, it has taken a passive attitude and still has not sent the amendment draft to the Legislative Yuan.
長期關注狼教練議題的立法委員張雅琳認為,現階段運動部不適任教練專區功能不全、效能不彰,也沒有足夠法源基礎可以強制要求查詢機制,應該正面表列不適任運動教練與運動裁判的行為,可援引「特定體育團體建立運動教練資格檢定及管理辦法」第4條,表列包括性侵害、殺人罪、兒少性剝削、性霸凌等共11項,由運動部建立查詢系統並由縣市主管機關辦理查詢。她批評運動部都以沒有法源為由而不作為,但真的要建立法源、修改《國體法》相關條文,卻態度消極,至今仍未把修法草案送進立法院。
Responding to The Reporter’s questions, the Ministry of Sports said it would establish a license inquiry system through amendments to the National Sports Act, and would publicly announce unsuitable sports coaches’ names, identity-document numbers, sports, and the legal bases for revocation and violations. Before that, it said, it would strengthen the professional knowledge and child-protection awareness of sports organizations at all levels, community sports organizations, and personnel engaged in teaching sports to children and adolescents, and would continue updating the information in the unsuitable-coach section. The ministry emphasized that in the future qualified-coach license inquiry system, it will be possible to search by coach name and sport type, and the results shown will all be coaches whose qualifications are valid and current.
對此,運動部回應《報導者》的採訪表示,將透過修《國體法》建立證照查詢系統、公告不適任運動教練姓名、身分證明文件號碼、運動種類、註銷與違法規定之相關法源等等;在此之前將加強各級體育團體、社區運動組織、從事兒少運動教學人員的專業知能與兒少保護意識,也會持續更新不適任教練專區的資訊。運動部強調,未來的合格教練證照查詢系統中,可以查詢教練姓名與運動類型,所顯示都是在合格有效期內的運動教練。
Legislator Chen Peiyu suggested that the Ministry of Sports should use subsidies to require individual sports associations to update unsuitable-coach information regularly, and should also work with local governments to conduct spot checks of coaching certificates. The most serious holes should be patched first, she said, by requiring coaches engaged in private teaching to obtain certificates and come under management.
立法委員陳培瑜建議,運動部應透過補助要求單項協會定期更新不適任教練資訊,也該與地方政府合作抽查教練證,先把最嚴重的破洞補起來,讓從事民間教學的教練先考證照、納入管理。
Beyond the many holes in the disclosure of information on sports coaches involved in sexual violence, there is also no law to regulate coaches with relevant criminal records who move into private teams or private coaching and rent public venues. Chen Zhiyuan noted that in July last year, the Humanistic Education Foundation exposed the case of badminton coach Li Jianwei, who in 2018 sexually assaulted a student while working at a school, was dismissed, and was permanently barred from serving as an educator, yet went on to coach in the private sector. Li Jianwei is also listed in the unsuitable-coach section.
除了運動教練涉犯性暴力事件的資訊揭露漏洞百出外,有相關前科的教練轉戰民間球隊或私人教練,租借公家場地,也無法可管。陳志遠指出,人本基金會去年7月曾揭發羽球教練李建緯2018年在學校任職時性侵學生,遭解聘並終身不得擔任教育人員,卻到民間擔任教練,李建緯也列名在不適任教練專區裡。
Chen Zhiyuan said the Hualien case is only the tip of the iceberg. There has long been too much gray area in the disclosure of information on predatory coaches and in the management of inquiry systems, including private clubs borrowing venues everywhere while no law requires venue owners to check the unsuitable-coach section. He stressed that publicly operated venues, when rented out, should fulfill their responsibility to protect children and adolescents. Before regulations are complete, the government has the authority to use management measures to prevent predatory coaches from contacting children. In June this year, the Sport for All Administration under the Ministry of Sports sent a letter to county and city governments requiring them to add to rental contracts a major-breach clause allowing termination if a person involved in a case is present. Chang Yalin agreed: “In the short term, amending the National Sports Act to give county and city competent authorities the inquiry responsibilities they should have is the more feasible approach.” She gave the example that holding competitions usually involves venue rental and approval by competent authorities, and county and city authorities can use that process to check whether participating teams’ coaches and referees are listed in the unsuitable section. Even if the section has gaps, multiple parties can still take part in guarding the gate.
陳志遠指出,花蓮的案子只是冰山一角,對於狼教練的資訊揭露與查詢管理問題一直都存在太多灰色空間,包括民間俱樂部到處借場地,卻沒有任何法令強制場地所有者必須查詢不適任教練專區;他強調,公營場地出租應善盡保護兒少的責任,在法規未完備前,政府有權以管理手段避免狼教練接觸兒少,運動部全民運動署在今年6月已發文給各縣政府,要求在租賃契約增訂涉案人員得終止契約的重大違約條款。張雅琳認同此議:「短期內,《國體法》修法賦予縣市主管機關應有查詢責任是比較可行辦法。」她舉例,舉辦賽事通常會涉及到租借場地、主管機關核准等問題,縣市主管機關就能藉此查詢參賽隊伍的教練、裁判等是否列在不適任專區內;即使專區有漏洞,仍可多方加入把關。
On the issue of predatory coaches renting venues, the Sport for All Administration under the Ministry of Sports replied that it would continue holding courses for coaches on sports safety protections, and would cooperate with police and health authorities to protect children and adolescents. Such a response still does not require venue managers to check users’ backgrounds.
對於狼教練租借場地問題,運動部全民運動署則回應,將持續舉辦教練運動安全保障課程,並與警政與衛政單位合作保護兒少。這樣的回應仍然未強制要求場地負責單位查詢使用者的背景。
Take Song Zhibin as an example. At the time, he had obtained a police criminal-record certificate to apply for the school job, because he had been sentenced to five years with probation, had not reoffended, and could still obtain such a certificate. A Control Yuan report further pointed out that the school had failed to check the Ministry of Education’s “Reporting and Inquiry System for Unsuitable Personnel in Educational Settings,” allowing a predatory coach to enter the campus and endanger students; the Control Yuan therefore censured the elementary school and the Taichung City Education Bureau.
以松志彬為例,他當時就有取得良民證到學校應徵,原因是他被判5年緩刑,不曾再犯,仍然可以取得良民證。監察院報告更指出校方漏了查詢教育部設立的「各教育場域不適任人員通報及查詢系統」,導致狼教練進入校園,危害學生,因此糾正該國小與台中市教育局。
Li Jinglei, a podcast host concerned with children’s issues, initiated a petition last year on the Public Policy Online Participation Platform calling for the establishment of a “child work permit” system. After the petition accumulated 5,000 endorsements within 60 days and was formally accepted, the Ministry of Health and Welfare incorporated the child and youth work permit issue into the draft amendments to the Protection of Children and Youths Welfare and Rights Act, which has not been amended in 15 years, and completed regional public hearings in May and June this year.
關注兒少議題的podcast主持人李靚蕾,去年在公共政策網路平台發起「建立兒童工作證」制度連署,在 60日內累積 5,000份附議、正式成案後,衛福部已將兒少工作證議題一併納入15年未修的《兒童及少年福利與權益保障法》(以下簡稱《兒少權法》)修法草案中,並於今年5、6月完成分區公聽會。
In an interview with The Reporter, Li Jinglei said she welcomed the draft amendments to the Protection of Children and Youths Welfare and Rights Act, but also raised several concerns. These included the fact that the draft requires only workers in the three categories of “education, care, and training” to hold a child and youth work permit. Yet these three categories are too broad, and fail to specify clearly or cover occupations that may come into contact with children and adolescents. Are private tutors, private coaches, and play companions included? In her view, regardless of form, and regardless of whether the person is a professional, anyone who comes into contact with children and adolescents should, following the model of Australia’s Blue Card, be required to hold a child and youth work permit before providing services.
李靚蕾接受《報導者》訪問時指出,她樂見《兒少權法》草案修法,但也提出多項疑慮,包括草案內容只要求「教育、照顧、訓練」這三種類別的工作者才需要具備兒少工作證,但是這三類工作太籠統,未能明確指出及涵蓋可能與兒少接觸的工作,例如私人家教、私人教練、陪玩姐姐是否在內?她認為,無論哪種形式、或是否為專業人士,只要接觸兒少就應該仿照澳洲藍卡一樣,得持有兒少工作證才能提供服務。
Li Jinglei pointed out another problem: under the draft currently announced by the Ministry of Health and Welfare, an unsuitable worker can be stopped from contacting children and adolescents only after a “final criminal conviction.” But “litigation takes years of trial proceedings, and the party involved may not necessarily be detained.” During that long period, the person is still in a state of “no final conviction.” Does that mean it is also legal for them to contact children and adolescents? If parents do not know the worker’s details or background, and may not be able to find them out, such people may still continue to have contact with children and adolescents.
李靚蕾指出,其次,依照目前衛福部公布的草案內容,要讓不適任工作者停止接觸兒少,得先達到「經判刑確定」才能做到,但「訴訟要經過好幾年審理,當事人也不見得會被羈押」,這麼長的時間內,都是「未判刑確定」的狀態,是不是也合法可以接觸兒少?如果家長並不知曉工作者的底細或背景,也不一定查得到,這些人仍有可能繼續接觸兒少。
Fan Yun pointed out that much in the Ministry of Health and Welfare’s draft remains urgently in need of discussion, including the fact that people who have committed serious domestic violence could serve as child and youth workers under the draft, and that it would be necessary to wait until a third-instance final judgment before blocking someone from such work. She believes the draft’s scope of application is overly narrow, while its qualification settings, limited to final criminal judgments and substantiated administrative investigations of sexual assault, are too lax. Both would reduce the law to a formality and fail to eliminate predators. After the draft is sent to the Legislative Yuan, she said, she will propose a corresponding version and hopes it can be reviewed in the next session.
范雲指出,衛福部草案仍有很多地方亟待商榷,包括曾有嚴重家暴者在草案中可以擔任兒少工作者,以及得等到三審定讞才能阻斷從事兒少工作。她認為,草案的適用範圍過於限縮,資格設定只限刑事判決定讞和性侵行政調查成立,均太過寬鬆,都會造成法令流於形式而無法杜絕惡狼,因此在草案送進立法院後,她會提出對應版本,並希望下個會期就能審議。
Faced with the persistent inability to resolve the problem of predatory coaches effectively, Lin Chia-ho, associate professor in the Department of Law at National Chengchi University, said that requiring all workers who come into contact with children and adolescents to hold a valid work permit “sounds like a good idea.” But as a legal scholar, he is more cautious about refusing certain groups a return to society and about “catch-all legislation.” Merely defining what degree of involvement counts as “continuous care of children and adolescents” or “continuous contact with children and adolescents” may require lengthy discussion, as well as positive enumeration of which industries count and which workers must be included. Nurses, for example, count as caregivers, but do doctors? These questions must all be discussed clearly.
面對狼教練問題始終無法有效解決,政治大學法律學系副教授林佳和指出,接觸兒少的所有工作者都需具備合格的工作證,「聽起來是好的想法」,但以法律學者立場,對於拒絕特定範圍的回歸社會與「一網打盡的立法」都會比較謹慎,光是要定義什麼樣程度才算是「持續照顧兒少」或「持續接觸兒少」,可能得花時間討論並正面列舉什麼行業才算?哪些工作者必須涵蓋其中?例如護理師算是照顧者,但醫師是不是?這些都得討論清楚。
In addition, Lin Chia-ho believes the scope of obligations and responsibilities must also be defined. If a person holding a child and youth work permit turns out to be the perpetrator, how much legal responsibility should the operator bear? That, too, needs discussion. He emphasized that one can understand society’s sense of urgency about solving problems such as predatory coaches continuing to teach in communities, but Taiwan has a poor record of hurried legislation in the past. If a complete child and youth work permit system is to be established, it must be debated with care.
此外,林佳和認為,義務責任範圍也得界定,持有兒少工作證者萬一是加害人,那經營者要負多少法律責任,都需要討論;他強調,可以理解社會對於解決狼教練仍在社區執教等問題的急迫心理,但過往台灣常有倉促立法的不佳紀錄,如果要建立一套完整的兒少工作證制度,一定要慎重討論。
Returning to the National Sports Act, Lin Chia-ho, who has participated in discussions on its amendment, also suggested that the Ministry of Sports should promote revisions in response to public expectations. Although the National Sports Act can deal only with coaching certificates under the jurisdiction of sports associations, and if a coach never had an association coaching qualification in the first place, or even opens private classes to instruct children and adolescents, the Act indeed cannot address the case. There remains a considerable gap between that and society’s expectation of comprehensive management. Still, he stressed, filling the most urgent gap first would at least be a step forward:
回到《國體法》,林佳和曾參與修法討論,也建議運動部應該推動修法以呼應社會期待,雖然《國體法》只能處理歸運動協會管轄的教練證,如果該名教練本來就沒有協會教練資格,甚至個別開班指導兒少,確實在《國體法》範疇內是無法處理,與社會期待的全面管理有不小距離,但他強調,先填補上最急迫的漏洞,至少是踏出一步:
“In the short term, amend the National Sports Act first to mend the net, then spend time reviewing and establishing a complete child and youth work permit system. While protecting children and adolescents, we must also take account of human-rights protections.” Deeply Seeking Truth, Walking with Many Voices
「短期先修《國體法》補破網,再花時間審議建立完整的兒少工作證制度,保護兒少之餘,也得兼顧到人權保障。」 深度求真 眾聲同行
The spirit of independence is the condition for free thought. Only independent media can safeguard the public sphere, allowing free discussion and truth to emerge.
獨立的精神,是自由思想的條件。獨立的媒體,才能守護公共領域,讓自由的討論和真相浮現。
In a difficult media environment, The Reporter persists in using a nonprofit model to devote itself to investigation and in-depth reporting in the public sphere. We operate with the support of reader sponsorship, do not rely on commercial advertising placement, and, on a foundation of independence and autonomy, move through the many important issues of public concern.
在艱困的媒體環境,《報導者》堅持以非營利組織的模式投入公共領域的調查與深度報導。我們透過讀者的贊助支持來營運,不仰賴商業廣告置入,在獨立自主的前提下,穿梭在各項重要公共議題中。
This year marks the tenth anniversary of The Reporter. Please support us as we continue to track the truth of news events at home and abroad and face the challenges of the next decade.
今年是《報導者》成立十週年,請支持我們持續追蹤國內外新聞事件的真相,度過下一個十年的挑戰。