CRRU Law, Political Science and Social Science Journal

Problems of Religious Equality in Employment Contracts and Occupation

Vayupak Thaboonma — 2024-09-26

Freedom of religion is inviolable and a right of every human being that must be guaranteed and protected. Freedom of religion, no one can exercise it over others. Everyone has equal rights and duties. The state must act to protect the interests of society as a whole. together with the International Labor Organization or The International Labor Organization (ILO) has adopted the principle of non-discrimination on grounds of religion in employment and occupation. Thailand has an obligation to implement laws and internal practices in accordance with the content of International Labor Organization Convention No. 111 on Discrimination in Employment and Occupations, 1958. And although this right under the Thai Constitution guarantees the exercise of power by all state organizations that any action must take into account the principle of religious equality, it appears that at present the principles of religious equality and non-discrimination are also the principles are still not guaranteed and there is no clarity in the provisions of Thai labor law.

The definition of juvenile recidivism in the Juvenile and Family Court Act and Juvenile and Family Court Procedure Act B.E. 2553 (2010)

Chutipong Somsap — 2024-09-26

The Juvenile and Family Court and Procedure Act B.E. 2553 (2010) lacks provisions for recidivism, resulting in no legal proceedings for repeated offenses and the absence of measures and processes for rehabilitation and correction of repeat offenders. Therefore, this research article aims to propose a concept for defining recidivism to establish provisions for repeat offenses. The study found that most of the sample group, consisting of juvenile and family court judges, believed that there should not be provisions for recidivism and that there should not be a definition for repeat offenses. In contrast, most of the sample group, including public prosecutors, directors of juvenile detention and protection centers, probation officers, psychologists, and police officers, believed that there should be provisions for recidivism and a definition for repeat offenses.

Legal Measures to Control Plastic Waste from Online Food Delivery Business

Thanwarad Chaemsanit — 2024-09-26

Thailand faces an increasing problem of plastic waste every year, and part of this is due to the online food delivery business. The author therefore studied laws and policies regarding plastic waste control in Thailand. It was found that there are only laws for controlling at the source, namely setting production standards, and controlling at the destination, namely collecting, separating, and disposing of waste. There is still a lack of control along the way, namely distribution, use, and disposal. This causes the need to study relevant laws and policies in South Korea, Singapore, and the European Union because these countries have defined roles, duties, and responsibilities for stakeholders are clearly stated, by applying the principles of the Circular Economy and the principles of Extended Producer Responsibility. For this reason, Thailand should enact a new law that defines the roles, duties, and responsibilities of all involved parties to establish clear and effective legal guidelines.

Legal measure and Agreement on Bridging Disparity gap of Lai Ngao subdistrict community enterprise Pomelo Exports, Wiang kaen district, Chiang Rai province

SURAPEE PHOTISARACH — 2024-09-26

The Pomelo Export Community Enterprise Group of Lai Ngao Subdistrict, Wiang Kaen District, Chiang Rai Province, is an assembly of pomelo farmers who export their produce. However, there are no coordinated trade operations under the name of the enterprise. As a result, farmers sell their produce independently, resulting in income disparities among the members of the enterprise group. To decrease the income disparities among members, the plan is to strengthen the group and organize pomelo exports under the enterprise’s name. The objectives of this research are: 1. To study the laws and regulations related to pomelo exports and provide legal knowledge to members. 2. To prepare a trade agreement between members of the Pomelo Export Community Enterprise Group, Lai Ngao Subdistrict. 3. To prepare a trade standard contract for pomelo exports to China. 4. To establish cooperation between community enterprises for pomelo exports in Lai Ngao Subdistrict, Wiang Kaen District, Chiang Rai Province with relevant agencies and 5. To study guidelines for setting standards for pomelo characteristics in the pomelo export enterprise group in Lai Ngao Subdistrict, Wiang Kaen District, Chiang Rai Province.

The study found that allowing members to participate in the development of a collective trade agreement and setting standards for the export group's pomelo qualities may assist in minimising income disparities. This requires member collaboration to set uniform criteria for planting, preserving, and harvesting pomelos. It also includes establishing criteria for the size and taste of the pomelos sold under the enterprise's name. Furthermore, planning to register a Geographical Indication (GI) for Wiang Kaen pomelos in order to increase product standards and add value will assist in the reduction of disparities within the group. Also, create a manual for registering pomelo exporters for the enterprise group in order to establish the group's capacity development plan for exporting without intermediaries.

Managing foreign labor in the context of Thai society under Working Management Emergency Decree 2017

Sarun Jongrak — 2024-09-26

Foreigners’ Working Management Emergency Decree (2017) has been enacted for half a decade. The decree vastly effects on economy and social relation of both Thai society and foreign workers. This study aims at using law and society approach with the post-colonial theory to make a socio-legal explanation on Thai foreigners’ working management system respecting to information gathered from focus group seminar with the law’s stakeholders, foreign workers, employer, agent and Thai state. Research shows Thai state has designed foreigners’ working management system as internal post-colonial upon foreign workers. To create the post-colonial system and subaltern status of foreign workers, especially on foreign workers who are memorandum of understanding labors (the MOU foreign workers), Thai state enacted the emergency decree which weaken their legal environment, their economy, and their negotiating power. In addition to subordinate the workers, Thai state tend to manage the interest of foreign workers and other stakeholders by using strong enforcement of both criminal and administrative laws. Unfortunately, operating strong power is way of control, rather than collaboration and trust-making approach. As a result, the basic objectives of the decree; protecting human rights, developing socio-economy, and maintain security of the state, become unsuccessful. Thai state should reconsider the option of using authoritarian polices and should focus on empowering foreign workers which could be helpful to sustainable in both economy and security.

Failure to disclose official information under Section 15 of the Official Information Act, B.E. 2540

Thotsaphorn Munrat — 2024-09-26

The purpose of this research was to study the nature of non-disclosure of official information under Section 15 of the Official Information Act, B.E. 2540 in order to find guidelines for developing the law on official information according to the Official Information Act, B.E. 2540. This research is a documentary research based on the judgment of the Administrative Court. Rulings of the Information Disclosure Tribunal and Related Laws. The study found that non-disclosure of official information under section 15 is an exercise of discretion by government agencies and government officials. taking into account the compliance with the law Public interests and private interests go hand in hand. and the characteristics of official information that may be ordered not to be disclosed under section 15 are: (1) the disclosure will cause damage to national security; international relations or stability in the economy or finance of the country (2) Disclosure will cause the law enforcement to deteriorate or fail to achieve its objectives. Whether it involves prosecution, prevention, suppression, testing, investigation or knowing the source of information. (3) an opinion or recommendation within a State agency in the execution of any matter; But this does not include academic reports. fact report (4) The disclosure will cause danger to the life or safety of any person. (5) Medical reports or personal information, the disclosure of which would be an unreasonable invasion of privacy. (6) official information protected by law from disclosure or information provided by a person without intention of being disclosed by the government to others.From the study, there were recommendations to define the word “Public interests” and “National security” in accordance with the Official Information Act B.E. 2540. In order to create the framework for government officials in disclosing or not disclosing official information and ensuring the right of people to access official information.

The Development of a Problem-Solving Model for Overcoming the COVID-19 Crisis and Challenges in the SMEs Industry

Somrerk Karnwiwat — 2024-09-26

This research aimed to 1) study the conditions and problems faced by small and medium-sized enterprises (SMEs) during the COVID-19 crisis, 2) investigate factors affecting problem-solving for SMEs amidst the pandemic, and 3) develop a problem-solving model for SMEs in the industrial sector to cope with the COVID-19 crisis. The study employed a mixed-methods approach, collecting data from three groups of participants: 69 key informants, 400 members of the Thai SMEs Federation, and 5 experts. Research instruments included questionnaires, interviews, and evaluated interviews. Data were analyzed using exploratory factor analysis and content analysis.

The findings revealed a problem-solving model for industrial SMEs during the COVID-19 crisis as follows: 1) SMEs encountered six main issues: liquidity, management, digital adaptation, access to new markets, government policies and support, and the impact of the COVID-19 crisis. 2) The problem-solving model comprised five key components with 34 methods: (1) skills and strategy development, (2) adaptation and innovation, (3) innovation and business adjustment, (4) financial and capital resource management, and (5) innovation and human resource development. 3) The model was developed by integrating the analysis of problems and factors affecting problem-solving with practical guidelines covering various aspects of development to help SMEs effectively cope with and recover from the crisis. 4) Recommendations for implementing the model include formulating action plans aligned with the organization's context and potential, setting indicators, and continuously monitoring and evaluating performance.

The Best Practices for Tourism Community Solid Waste Management A case of Local Government Organization in the Upper Northern Region.

Phuwanat Srithong — 2024-09-26

This research aims to study the best practices of waste management of Subdistrict Municipalities to support community-based tourism in the upper northern region. On the situations of waste management and extract lessons from waste management of local government organizations at various levels. Then, use the results of the study to extract lessons to develop a model and mechanism to drive waste management according to the size and context of local government organizations with participation of all sectors. The sample groups used to extract lessons include local government organizations at the Subdistrict Administrative Organization Subdistrict municipal level and municipality level, totaling 16 areas in the upper northern region for the sample group in testing the model there were 3 levels of areas namely by the sub-district administrative organization level, municipality level and Local government level. In carrying out the project, there are research methods starting with selecting target areas according to the defined context. However, study analyze, and synthesize data to develop models and mechanisms to drive waste management. Then, it will be tested and applied in the target area from the waste management situation in the target area for successful waste management and unsuccessful that are tourist attractions in the community. Therefore, the policy recommendations are the Subdistrict Administrative Organization and Municipality propose to proceed regulations and requirements for waste management is establishing a working group structure to prepare a constitution of Waste management in the community and separation to create good practices in waste management to promote tourism and must rely on the role of participation between the local administrative organization and the community of the Subdistrict Administrative Organization group in effectively managing waste in tourist attractions/learning centers of the community.

Research Article Factors affecting the success of personnel knowledge management Mae Hong Son Provincial Cultural Office

Pisit Supa — 2024-09-26

This research aims to (1) study the factors affecting the success in knowledge management of the personnel of the Mae Hong Son Provincial Cultural Office, (2) study the importance of the factors affecting the success and obstacles in knowledge management of the people. Mae Hong Son Provincial Cultural Office personnel, and (3) propose guidelines for creating success in knowledge management of Mae Hong Son Provincial Cultural Office personnel. Study from documents in-depth interview and small group meetings with tools such as in-depth interview questions and small group meeting questions. The population and sample were 29 personnel from the Mae Hong Son Provincial Cultural Office, including executives, officials, government employees, and contract employees. The method for selecting the sample was specific. Working from November - December 2022. The research results found that (1) 5 factors: leadership organizational culture Information and communication technology knowledge management structure and personnel competency affects the success in knowledge management of the personnel of the Mae Hong Son Provincial Cultural Office in a positive and significant manner, and (2) 5 factors are important in affecting the success in knowledge management and obstacles were found arising from

Problems of Inspection Ethical Standards of Thai Politicians

Direk Kounsamakom — 2024-09-26

The Constitution of the Kingdom of Thailand A.D. 2017 introduced new measures to control and monitor politicians by establishing ethical standards for judges of the Constitutional Court, members of independent organizations, members of the House of Representatives (MPs), members of the Senate, and the Cabinet. The House of Representatives also issued regulations on the code of ethics for members of the House of Representatives and committees in 2020, which specify penalties for violations. In severe case, the person would be deprived of all political rights. In normal cases, there would be warning, or force to apologized and publicly condemn. This article examines the origin and meaning of ethics for politicians in Thailand and other countries, analyzes the problems with using ethical measures to control politicians who are members of the House of Representatives, and found that The results of the ethics examination in the class MPs are not effective. Different from the results of operations by the National Anti-Corruption Commission. even though there were ethical standards already in force but there has been no preparation for a politician's ethics manual. Just like in the US and UK. Therefore, there is a proposal to revise and improve it into a manual of ethical standards