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Supreme Court Opinions

THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.
 
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Thailand Legal News Updates:

NEWS :

New Regulations for Cable TV and Community Radio Industry

17 August 2009

The National Telecommunications Commission (NTC) board last Friday approved the draft regulations for the cable TV industry. The regulations are expected to come into effect this month.

The regulations require that more than 50 percent of all content broadcasted be local content.

Moreover, license applicants must air their programs for 30 days to observe the possible occurrence of frequency problems.

The NTC will ascertain the license fee at a subsequent date.

Regulations covering community radio became effective the past month, requiring community radio operators to register with the NTC within 30 days after the new law takes effect.

Both the cable TV and the community radio industry licenses are valid for one year.

The NTC will be replaced by the National Broadcasting and Telecommunications Commission after the latter’s establishment. The NTC is authorized in the interim, under article 90 of the Broadcasting Act 2008, to oversee the cable TV and the community radio industry.


Thai Labour Laws Protect Foreign Workers

17 August 2009

Yesterday the Department of Labour Protection and Welfare stated that lawful immigrant workers are protected by Thai labour laws in the same manner as Thai citizens.

Thai labour laws apply to legal foreign workers and require that a worker be paid overtime if the worker works more than 8 hours a day or 48 hours per week.

For hazardous work, an employee is required to work not more than 7 hours a day, or 42 hours per week.

A day off per week is required under Thai labour law, but can be postponed or accumulated for jobs with extended duty times.

A worker is entitled to 13 public holidays per year.

Foreign workers are entitled to a minimum wage of 203 baht per day in Bangkok and five surrounding provinces, comparable to Thais.

If an employer violates an employee’s rights, the employer faces criminal penalties.


Asean-China Investment Agreement Signed

16 August 2009

Yesterday during the 41st Asean Economic Ministers’ meeting in Bangkok, Asean and Chinese trade and commerce ministers signed the Asean-China Investment Agreement under the Foreign Trade Agreement. The investment agreement will be implemented on 1 January 2010.

In the forthcoming two years after its implementation, the agreement is expected to increase investment between Asean and China of 40 to 60 percent.

The agreement will give impartial treatment to investors, provide a structure for compensation in the event of expropriation, increase green field investment, establish a mechanism for investor and state dispute settlement, and maintain fair rules to boost investor confidence.

The Chinese government has consented to providing funds for Asean countries. A part of the funds will be used for the development of logistics, construction, and transportation within Asean. Funding details will be provided at the Asean leaders’ summit in October.

An agreement on intellectual property rights was also signed to eliminate trade obstacles through policies on investment sustainability and growth.

 
     


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