Legal Problem of Law on Liability for a Wrongful Act of the Official: Case Study of Exercising the Right to Claim the Official or the State Agency to Pay Compensation in a Case where the State Agency or the Official has Paid Compensation to the Injured Person

Abstract

          Section 9 of the Tort Liability of Officials Act B.E. 2539 provides that if a government agency or official has paid compensation to a damaged person, the right to demand that the other party pay compensation to him/her is subject to a one-year statute of limitations from the date the government agency or official paid compensation to the damaged person. If the official resigns, retires from government service, or ceases to be an official before paying compensation to
the damaged person, or the exercise of such right of recourse results in the official no longer being considered, the objectives of this research are: (1) to study the background and importance of the law on tort liability regarding compensation, including the exercise of the right to reclaim compensation from officials who commit the tort; (2) to study concepts and theories related to the tort liability of officials, including the principles of tort liability of officials, basic ideas under the law on tort liability of officials; (3) to study foreign laws related to the tort liability of officials, and the statute of limitations on tort liability under Thai law; (4) to consider and study important principles of tort liability law, important criteria regarding the exercise of the right of recourse in cases of torts committed in the performance of one’s duties. and compensation for the injured party; (5) Analyze legal problems regarding the status of officials and the exercise of rights to demand that officials or government agencies pay compensation to the injured party and (6) Recommend to find legal guidelines to solve legal problems in cases regarding the exercise of rights to demand that officials or government agencies pay compensation in cases where the government agency or official has paid compensation to the injured party to ensure that it is correct, appropriate and fair. This is to clearly define the government agency that can use the right to pursue officials who do not have status in the government agency.

            This research study found that Section 9 of the 1996 Act on Liability for Torts of Officials aims to ensure that victims of wrongdoing are compensated for damages resulting from officials' wrongdoings, thereby providing redress for the victims. However, the exercise of a government agency's right to demand compensation from the wrongdoing official may involve the exercise of a right of recourse in the event of the official's resignation, retirement, or termination of office, or the official not holding office at the time the compensation is paid to the victim, or the exercise of such right of recourse. This does not affect the exercise of the right to demand compensation from the government agency or former officials. The law does not clearly provide the exercise of a right of recourse against government agencies in cases where the official ceases to hold office or has no official status, is removed from office through resignation, retirement, or disciplinary action.

            Recommendations: Resolving the issue of the right to demand compensation from officials (right of recourse) under Section 9 between government agencies and officials. In cases where the issue arises as to whether an official resigns, retires, or is no longer an official before compensation is paid, or whether the said right of recourse is to be paid to the injured party or the exercise of such right of recourse, which results in the official no longer holding the official status, can the right of recourse be exercised? In this case, Section 9, paragraph two, should be added, stating that the exercise of the right under paragraph one does not affect cases where the official no longer holds the position or holds the official status, resulting in the termination of the position through resignation, retirement, or disciplinary action. If this legal provision is added, the issue may be resolved and the issue of the right to demand compensation from officials or government agencies in cases where the government agency or official has paid compensation to the injured party will be addressed. This will ensure that the right to demand compensation can be exercised appropriately, correctly, fairly, and in accordance with the law on tort liability for officials.