The Property Status of the Office of the Welfare Promotion Commission for Teachers and Educational Personnel

Abstract

The Office of the Welfare Promotion Commission for Teachers and Educational Personnel was established under the Teachers and Educational Personnel Council Act B.E. 2546 as a juristic person under the supervision of the Ministry of Education. The powers and duties of the Office stated under such Act include its right to own property. The issue raised is whether the status of the property of the Office of the Welfare Promotion Commission for Teachers and Education Personnel is state property or not. Regarding such issue, the Supreme Court decision no. 10340 – 10378/2558 decided that the status of the property of the Office of the Welfare Promotion Commission for Teachers and Education Personnel is not the state property. Considering such decision, the author found three problems concerning legal interpretation. In order to solve those problems, this article proposes the recommendations that the property status of the Office should be state property because of three reasons. First, the Office is an administrative agency. Second, although there is a legal provision requiring the Office not to return the property to the Ministry of Finance, it does not affect the quality of being the state property. Third, the property of the Office is already protected from execution in accordance with section 1307 of the Civil and Commercial Code.