มาตรการทางกฎหมายเพื่อคุ้มครองธุรกิจค้าปลีกของชุมชนท้องถิ่น: ศึกษาเฉพาะกรณีค้าปลีกในจังหวัดขอนแก่น

Abstract

The objective of this research was 1) to study local retailing business in Khon Kaen province and the effects of large-scale retailing business on local retailing business in the              Khon Kaen communities, and 2) to adopt legal measures or law to protect local retailing business at both local and national level. This study was document-based research through analysis of the related law, judicial decision, and law measures to protect local retailing business and through the interview of the local retailers and the authorities working in Bann Phai district, Numpong district and Nongsonghong district, Khon Kaen province. 

The findings suggest that the emergence of the large-scale business brought the local retailers about potential effects due to the dramatically decreased sales volume, for example, Kiatsin, Banpai, sales of products fell 18%. Product sales fell 40 percent, thereby suffering the local retailers. Indeed, in Thailand there has been no law directly controlling large-scale retailing business, but the city plan Act of 1975 and the building-protection Act of 1979 have been used to address such issues.  Those acts are eligible merely to control building plans used for retailing business, not ensuring the local retailing business the fairness of competition. Unlike Thailand, Japan and France add the city planning measures into the law to control retailing business in the particular sections. Therefore, it is vital for Thailand to enact retailing business acts to control the expansion of large-scale retailing business in addition to the introduction of ministerial regulations applying criteria, methods, and conditions on location, closing and opening time, as well as providing the large-scale retailers essential facilities. Furthermore, business zone plan is to require a serious consideration.