Journal of Thai Ombudsman

Development of Public Organization Law under the Principles of Good Governance

Watchara Klinsuwan, Sompong Saetan, Kriengkrai Charoenthanavat — Wed, 27 Dec 2023 00:00:00 +0700

The propose of this article is to study principle of good governance, which is an internationally recognized principle and practice. The principles are applied in many ways covered in principles of responsiveness, effectiveness, efficiency/value for money, equity, consensus oriented, accountability, transparency, decentralization, participation and rule of law. In Thailand, this principle appears in-laws at the Constitutional level to internal organizational regulations. This article study to the specific characteristics of the public organization through concepts, intents, objectives, missions, and management style including provisions in public organization law, which public organization must perform missions in accordance with good governance principles which has been certified in section 24/1 of the Public Organizations Act (No. 2)B.E. 2559, covered in principles of response, effectiveness, efficiency/value, decentralized and consensus. The study found that good governance principle has important principles for guildline to practice. Including public organization system have principal, concept, management, perform mission, and legislative specific law, which is complementary with good governance principles. Only implications are scattered in different parts which covered in principles of equality, accountability/responsibility, disclosure/transparency, participation and rule of law. Therefore, the principles of good governance are specifically stated in section 24/1. In consequence of appropriate to bring the principles of good governance to be prescribed in the same place specifically. To ensure that the principles of good governance are comprehensive and complete, which will result in mechanism for supervising compliance with the principles of good governance. Able to set criteria for measuring and evaluating results of compliance with principles of good governance in a concrete manner. Which will ultimately bring benefits to the people and at the same time achieve the intentions and objectives of establishing a public organization

Developmental State in the World of Change and Circular Economy Development in Germany, Finland and Luxembourg

Charawadee Phulklay — Wed, 27 Dec 2023 00:00:00 +0700

This article aims to examine the evolution of Developmental State Theory, which is an important topic in political science regarding state and economic development. Developmental State Theory has always adapted itself to new challenges and evolved to explain economic phenomena in different contexts over time which can be divided as (1) Developmental State Theory in the early period, (2) the adaptation of Post-Developmental State, and (3) the state and its new challenges to deal with environmental crisis and circular economy through case study from Germany, Finland and Luxembourg. From the review of related literature, it is found that Developmental State Theory always has its own dynamics in line with the changing world, remaining prominent as an economic driver. However, amid new environmental challenges, most studies neglect the role of the state. If there is more study dedicated to analyzing Circular Economy through Developmental State lenses, it will contribute to the body of knowledge in political science, social science and the environment in an integrated way.

Inheritance Tax and Reducing Economic Inequality

Yasinee Kertpolsert — Wed, 27 Dec 2023 00:00:00 +0700

Inheritance tax is considered to be a mechanism that fosters social justice by mitigating the advantages of beneficiaries from inherited wealth. However, the effectiveness of implementing an inheritance tax in Thailand to reduce economic inequality is a subject of inquiry. This article aims to provide an analysis of the government's approach to inheritance tax in addressing economic inequality, highlighting the challenges and obstacles faced during its collection. The article examines the Inheritance Tax Act of 2015, which seeks to advance social justice and improve societal well-being, by analyzing academic and research papers from Thailand and abroad. The study reveals that the current legislative mechanism faces practical challenges due to its narrow tax base, limited focus on registered property, and insufficient measures to address unregistered assets, resulting in a lack of tax equality. Additionally, the combination of a fixed and low tax rate further limits the Act's coverage and ability to achieve the government's goals of fairness and societal improvement. Thus, the article proposes the necessity of amendments to enhance efficiency and expand the coverage of inheritance tax collection in Thailand.

The role of constitutionally independent bodies in maintaining fiscal discipline: the National Anti - Corruption Commission and the Election Commission

Anan Krabuansri — Wed, 27 Dec 2023 00:00:00 +0700

A study on the role of independent constitutional organizations in maintaining fiscal discipline: the National Anti-Corruption Commission and the Election Commission. This article provides a framework for studying the law related to fiscal discipline in relation to the National Anti-Corruption Commission and the Election Commission. Fiscal discipline is a very important principle, both as a policy and as a legal framework. Thailand's Constitution of 2017 thus stipulates that other constitutionally independent bodies, namely the National Anti-Corruption Commission and the Election Commission, as well as the State Audit Commission. They play an important role in monitoring the exercise of power or the actions of government agencies or government officials, including the behavior of public officials with fiscal responsibilities. The concept of fiscal discipline remains complex and uncertain. This raises questions about whether the exercise of power by these organizations is consistent with fundamental public principles, particularly the rule of law and democratic principles. According to the study, it was found that the National Anti-Corruption Commission and the Election Commission have the authority to control and inspect fiscal discipline both in political and legal frameworks. However, there is not much knowledge of Thailand's fiscal discipline, so there are problems in applying and interpreting laws that are inconsistent with fiscal discipline.

The problem of employers not paying severance pay at the end of the employment contract and unable to enforce cases compared to the United States and France

Pornpen Traiphong, Kewalin ลYangprasertkul — Wed, 27 Dec 2023 00:00:00 +0700

This article aims to study and seek solutions to the problem in case the employer fails to pay severance pay at the end of the employment contract and is unable to execute the case. In the current social conditions after the corona virus epidemic (COVID-19) that affects all sectors, both business and industrial. As a result, many businesses and establishments will have economic problems. The employer cannot bear the burden. Therefore decided to close the business Later, once the business has been closed Employers will have legal duties to pay various payments to employees who are entitled to legal payments. In this issue, compensation is mentioned. According to labor protection laws that employees are entitled to if the employer says. The contract has been terminated. But the problem will be the case that the employer intends to escape compensation. Intentionally releasing employees to float Leave the burden on the state as a manager to help alleviate the suffering of the said employee. Or another case where the employer has no intention of fleeing compensation. But the employer has no property. Any other left is enough to pay compensation to the employee. Even if the legal proceedings have reached the enforcement stage but the employer does not have any property to pay compensation to the employee.

Community Self-Governance: Case Studies of Community Forests in the Area of Kanchanaburi Province

Chompoonuch Hunnak, Plutthawus Vongpiriyachai, Jumpol Nimpanich — Wed, 27 Dec 2023 00:00:00 +0700

This study aimed to (1) analyze self-governance practices pertaining to community forests in Kanchanaburi Province, (2) study problems and obstacles encountered in self-governing pertaining to community forests in Kanchanaburi Province, and (3) offer guidelines for developing self-governance pertaining to community forests in Kanchanaburi Province.

This study utilized a qualitative research design. Data were collected from documents, and in-depth interviews with 31 informants, including (1) local operators in Yang Thon Village Community Forest, (2) local operators in Huai Saphan Samakkhi Village Community Forest, and (3) public officers. The data were analyzed by inductive analysis.

The data revealed the following findings. (1) Both community forests in Kanchanaburi Province demonstrated self-governance by adhering to multiple principles, including (a) community democracy, (b) flexible governance, (c) immediate response to work, (d) integration of activities across sectors, (e) shared accountability, and (f) primary utilization of existing community funds. (2) Major problems and obstacles encountered in self-governing pertaining to community forests in Kanchanaburi Province included insufficient budget allocation, limited availability of public personnel, and inadequate provision of materials and equipment required for community forest activities. (3) The guidelines for developing self-governance pertaining to community forests in Kanchanaburi Province emphasized the importance of public and private sector support in providing necessary resources for community forest operations, as it is crucial for maximizing the efficiency and effectiveness of community forest operations.