Liability of Government Teachers and Education Personnel for Negligence in Performing Duties: A Comparative Study of Disciplinary Liability and Tort Liability

Abstract

This research aims to (1) study concepts and theories about the disciplinary liability and tort liability of officials (2) study liability of government teachers and education personnels on duty in negligence by comparing disciplinary liability and tort liability of officials (3) study law in England, Germany and France comparing to the Teachers and Education Personnel Act, B.E. 2547 and Tort Liability of Officials Act, B.E. 2539 (4) analyze disciplinary liability of government teachers and education personnels comparing to tort liability of officials, and (5) propose legal guidelines regarding the disciplinary liability of government teachers and education personnels appropriately and fairly.

The results showed that : (1) objectives of disciplinary liability and tort liability of officials are different; (2) principle on liability of government teachers and education personnels is same as those of disciplinary liability and tort liability of officials; (3) when comparing to those foreign laws, it is found that certain principles on liability are also different; (4) disciplinary liability of government teachers and education personnels for negligence in performance of official duties if considering the nature of negligence and the consequences of certain actions to the penalties are more severe so that it is not fair to wrongdoings; and (5) disciplinary liability of government teachers and education personnels for negligence in performance of official duties should be laid down to suit the nature of the act. Tort liability of officials are so as to be fair to government teachers and education personnels.