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박홍우 ( Hong Woo Park ) 국제헌법학회, 한국학회 2006 世界憲法硏究 Vol.12 No.2
The purpose of this essay is to introduce the judicial system of Thailand which is not well known to the Korean legal society. 1. The court system of Thailand is divided into an ordinary court system, an administrative court system and a constitutional court system. The ordinary courts have the jurisdiction over civil, criminal, juvenile and family cases. The administrative courts have the jurisdiction over administrative cases. The constitutional court has the jurisdiction over constitutional cases. The ordinary courts are composed of Courts of First Instance, Courts of Appeal and Supreme Court. Courts of First Instance are composed of Civil Courts, Criminal Courts, Min Buri Provincial Court and Municipal Courts in Bangkok Metropolis, and Provincial Courts and Municipal Courts in other provinces, and Juvenile and Family Courts. There are specialized courts such as Labour Court, Tax Court, Intellectual Property and International Trade Court, and Bankruptcy Court which also belong to Courts of First Instance. The Courts of Appeal are composed of the Court of Appeal in Bangkok and 9 Regional Courts of Appeal. Supreme Court is the highest court. Decisions rendered by the Courts of First Instance shall be appealed to the Court of Appeal with some exceptions. But decisions rendered by Labour Court, Tax Court, Intellectual Property and International Trade Court, and decisions on reorganization cases rendered by Bankruptcy Court shall be appealed to the Supreme Court. The decisions rendered by the Court of Appeal shall be appealed to the Supreme Court with some exceptions. As a result of the 1997 Constitution, the Criminal Division for Holders of Political Positions was set up in the Supreme Court to act as a trial court in a case where the Prime Minister, Ministers, members of the House of Representatives, Senators or other political officials are accused of becoming unusually wealthy, committing malfeasance in office according to the Criminal Code, performing duties dishonestly, or being corrupt according to other laws. 2. Basically only career judges try the cases, but at the Juvenile and Family Court, Labour Court, and Intellectual Property and International Trade Court, civil judges participate in the trial with career judges. Every career judge except the Chief Justice of the Supreme Court, who is over 60 years of age can work until 70 years old as a senior judge without retiring. In some provinces, there are Kadis who know well about Islamic Law on Family and Succession. 3. The administrative court system adopts two instance system. There are Administrative Courts of First Instance and Supreme Administrative Court. Administrative Courts of First Instance are composed of Central Administrative Court and Regional Administrative Courts. Decisions rendered by the Administrative Courts of First Instance shall be appealed to the Supreme Administrative Court. 4. Constitutional Court was established in 1997 to realize the freedom and rights of the people protected by the Constitution. It has the jurisdiction of ① determining the constitutionality of the statues and the organic law bills, ② consideration and decision on the qualifications of members of the House of Representatives, Senators, Ministers, the Election Commissioners, etc, ③ consideration and decision on a dispute regarding the powers and duties of organizations under the Constitution, ④ other jurisdictions as stipulated by the Constitution and organic laws. On the night of September 19, 2006 the government was overthrown by a Coup, and the military power dissolved the Constitutional Court. 5. Basically the investigation is the task for the police. Once an investigation is completed, the record compiled therein is sent to a prosecutor, who evaluates charges in the matter. The authority to indict belongs to the prosecutors with some exceptions. 6. In Thailand, to practice the law a person shall be enrolled at the Law Society and have the licence to be a lawyer. Gener