sahibji Posted September 14, 2016 Share Posted September 14, 2016 3 minutes ago, Kabula said: In order to establish legal liability investigators have to examine evidence and confirm the facts from eye witnesses. If the wall evidence confirms the glass struck the wall, then clearly the intent of the teacher was not to harm the student. If the intent was not to harm the student, then no criminal complaint will be filed. However, a civil complaint law suit could be filed, to attempt to recover all medical bills, pain and suffering and compensation for disfigurement. No doubt the school would be named, but the Insurance Company may deny any liability. However, after further demands and considering disfigurement, the Insurance Co. probably would agree to make a small offer leaving the teacher with a financial exposure. Thailand may have a monetary limit the student could receive. If so, chances are the teacher would not be able to pay all damages so liens would be filed and those would change his life for a very long time. The teacher's career is tarnished forever, and he may face steady pressure and eventually resign. His punishment would be guilt, embarrassment, future teaching applications turned down, and possible financial ruin. If he is married, future financial burdens could end his marriage. I'm not familiar with Thai law, but this is generally the outcome in most countries. it may be a complicated process but the the injured party has no choice but to pursue legal line of action.hopefully they have financial ability to proceed. Link to comment Share on other sites More sharing options...
DM07 Posted September 14, 2016 Share Posted September 14, 2016 Sure! She was disobeying the higher authority! That surely justifies throwing a) a tantrum and b ) a glass or mug or anything else! What is sure doesn't justify is an investigation or penalizing the higher authority! Children/ Thais...know your place! Link to comment Share on other sites More sharing options...
sahibji Posted September 14, 2016 Share Posted September 14, 2016 5 minutes ago, Bangkok Barry said: Did you read the story? It was a glass. what ever the composition of the mug the issue here is the injury caused to the student. Link to comment Share on other sites More sharing options...
sahibji Posted September 14, 2016 Share Posted September 14, 2016 9 minutes ago, mesterm said: TIT no way it is acceptable. it could have become a more deadly projectile by hitting someone directly. Link to comment Share on other sites More sharing options...
alien365 Posted September 14, 2016 Share Posted September 14, 2016 If your intention is to exact revenge on this guy then you are even worse than he is. Link to comment Share on other sites More sharing options...
mesterm Posted September 14, 2016 Share Posted September 14, 2016 Just now, sahibji said: no way it is acceptable. it could have become a more deadly projectile by hitting someone directly. Of course it's not acceptable. Link to comment Share on other sites More sharing options...
kingstonkid Posted September 14, 2016 Share Posted September 14, 2016 5 minutes ago, Kabula said: In order to establish legal liability investigators have to examine evidence and confirm the facts from eye witnesses. If the wall evidence confirms the glass struck the wall, then clearly the intent of the teacher was not to harm the student. If the intent was not to harm the student, then no criminal complaint will be filed. However, a civil complaint law suit could be filed, to attempt to recover all medical bills, pain and suffering and compensation for disfigurement. No doubt the school would be named, but the Insurance Company may deny any liability. However, after further demands and considering disfigurement, the Insurance Co. probably would agree to make a small offer leaving the teacher with a financial exposure. Thailand may have a monetary limit the student could receive. If so, chances are the teacher would not be able to pay all damages so liens would be filed and those would change his life for a very long time. The teacher's career is tarnished forever, and he may face steady pressure and eventually resign. His punishment would be guilt, embarrassment, future teaching applications turned down, and possible financial ruin. If he is married, future financial burdens could end his marriage. I'm not familiar with Thai law, but this is generally the outcome in most countries. I agree with your thoughts except for one thing. Thailand unlike most litigious countries like the US. (Target fined 4.6 million because woman stabbed herself with a needle in parking lot) does not have a pain and suffering fine or allowance. The bottom line is Were the students in the wrong. YES, if you do not do what the teacher says there are consequences as there are in life. Did the teacher over react by throwing the mug at the wall? Not sure,.While it obviously had detrimental affect sometimes teachers have to do drastic things to get students attention. Teenagers especially can be very hard to control. Hormones and attitudes. Now I am not saying the teacher was in her right to throw it but if it was thrown at the wall near the students then yes he was stupid. If he threw it at a different wall then it is still not good but not as bad as it seems. There is no doubt a huge problem in Thai schools. The biggest issue is not the education itself but the attitudes that parents and children are taught by society, tv and in some cases the parents. There are a lot of people here that would harm physically the teacher. Is that the message to send? Do you also send the message to your child that if they disobey or show disrespect to the teacher you will punish them? Do Thai schools have a method that is enforceable for punishing children or young adults that are disrespectful to teachers of staff. I have not seen it yet. All to often it is society's fault when in fact it is the fault of the parents either through neglect or their attitudes. Again I am not saying he was justified just that people have to look inside themselves. Link to comment Share on other sites More sharing options...
DLang Posted September 14, 2016 Share Posted September 14, 2016 (edited) Awful. Teacher should be locked up. Edited September 14, 2016 by DLang Link to comment Share on other sites More sharing options...
happy pattaya man Posted September 14, 2016 Share Posted September 14, 2016 Unfortunately, his social standing (teacher) will cover him against any further action. hpm. Link to comment Share on other sites More sharing options...
6thST Posted September 14, 2016 Share Posted September 14, 2016 4 hours ago, Thian said: A pretty girl can fetch many millions for dowry....one with a misformed face much less.....Let the teacher pay for that as well is what i'm thinking. And he should be fired.... He ruined this young lady's life.Let pray the Dr. can repair her face.... Link to comment Share on other sites More sharing options...
gchurch259 Posted September 14, 2016 Share Posted September 14, 2016 So, The NN Guy holding the cup is the teacher who threw the cup ? It looks like there is a serious need for Judicial/Legal changes in Thailand. I read an article where one of the Princesses is pressing for Legal Equality and will be a conference in Bangkok later this year attended by several countries, a step forward. The simple thing would be to quit trying to create every law when a simple research of the laws of other countries may be adopted. Even adopting The English Common Law would be a good start. Link to comment Share on other sites More sharing options...
NongKhaiKid Posted September 14, 2016 Share Posted September 14, 2016 58 minutes ago, Si Thea01 said: No not surprised but I'd say he's trying to cover their A$#@& . Probably upset too that he was even asked to explain. Link to comment Share on other sites More sharing options...
whatproblem Posted September 14, 2016 Share Posted September 14, 2016 I hope they get their money ,it's about Thai became responsible for their actions ,he should be sacked and not allowed to work with children if can't control himself Link to comment Share on other sites More sharing options...
lvr181 Posted September 14, 2016 Share Posted September 14, 2016 Sounds like the Catholic Church, (and maybe others) ask for forgiveness, pay for the penance and your free to do whatever you want, again. No lesson learned. Link to comment Share on other sites More sharing options...
evilebxxx Posted September 14, 2016 Share Posted September 14, 2016 1 hour ago, jlwilliamsjr18 said: I'm sorry, this is fricking insane... bartering on a price, the family is seeking solace in a settlement, never mind the damage to the girl, how much is ii worth, is the order of the say. This is Capitalism at it's worst. on a tv news channel 5 min ago. mother says give 290,000 baht ang we are good Link to comment Share on other sites More sharing options...
AlexRich Posted September 14, 2016 Share Posted September 14, 2016 The teacher should be sacked, as that response is not acceptable in any society ... and if you become a teacher that is the deal, whether provoked or not. It's not a profession for everybody. As for the child, it's right that she should be compensated ... but to be honest her contorted face looks like a 'shake down', she looks like a stroke victim and it all looks a bit staged. Link to comment Share on other sites More sharing options...
4MyEgo Posted September 14, 2016 Share Posted September 14, 2016 6 hours ago, webfact said: Disfigured girl - family seek damages from teacher who threw a glass injuring student Image: Thairath KORAT: -- A family in Nakorn Rachasima are seeking damages from a PE teacher who threw a glass that injured a student at a school in the north eastern province. PE teacher Paitoon Klaengkrathok, 58, threw the glass in frustration when students would not come into line and be quiet, reported Thairath. The director of the school said yesterday that the glass hit a wall and ricocheted into the face of 17 year old Narudee Jortsanthia known as Nong Sai. It severely damaged her mouth and she cannot use her left eyelid due to swelling that had pressed on a nerve. The incident has only just come to light but happened in August at the Chokchai Samakee school in Chokchai district. The mother complained to reporters this week to get something done. The teacher has so far paid 40,000 baht towards her hospital bills but the family of Nongsai want 300,000. Police said that in three separate compensation meetings the two sides have failed to reach agreement. The teacher offered 80,000 at first then upped it to 100,000 but the family rejected this. Police said that if they cannot reach agreement they would press for charges of assault against the teacher. Reporters contacted the school director Niphon Phakdeekaew who said that the teacher only threw the glass into a wall as a warning. He had no intention of harming Nong Sai - it was an accident. Asked where the teacher was the director said he was coming to school as usual every day. But he was having a half day yesterday because of some family business. Source: Thairath -- © Copyright Thai Visa News 2016-09-14 Very informative, thank you for making it clear. Does anyone know what Thai law says about a public servant assaulting a minor during work, e.g. can he be dismissed as a teacher, which would be automatic in Australia. I have kids that go to school here in Thailand, and if this is the process, then I wouldn't be seeking compensation, I would be ordering a hit, if the teacher wasn't stood down immediately and charged for assault, and if the school was reluctant to follow its "duty of care" assuming it exists here in Thailand, I would be looking to make some changes to the law, as I am sure any Thai in their right mind would find this incident as sickening to the stomach as me. Link to comment Share on other sites More sharing options...
skippy Posted September 14, 2016 Share Posted September 14, 2016 6 hours ago, webfact said: Narudee Jortsanthia known as Nong Sai. What the <deleted> is this all about ? Link to comment Share on other sites More sharing options...
jcsmith Posted September 14, 2016 Share Posted September 14, 2016 (edited) The whole bit about throwing it only as a warning rubs me the wrong way. Is that the example teachers want to give to the youth? When things don't go your way just start breaking things? I'd like to break a few things on the teacher. Edited September 14, 2016 by jcsmith Link to comment Share on other sites More sharing options...
Si Thea01 Posted September 14, 2016 Share Posted September 14, 2016 24 minutes ago, Kabula said: In order to establish legal liability investigators have to examine evidence and confirm the facts from eye witnesses. If the wall evidence confirms the glass struck the wall, then clearly the intent of the teacher was not to harm the student. If the intent was not to harm the student, then no criminal complaint will be filed. However, a civil complaint law suit could be filed, to attempt to recover all medical bills, pain and suffering and compensation for disfigurement. No doubt the school would be named, but the Insurance Company may deny any liability. However, after further demands and considering disfigurement, the Insurance Co. probably would agree to make a small offer leaving the teacher with a financial exposure. Thailand may have a monetary limit the student could receive. If so, chances are the teacher would not be able to pay all damages so liens would be filed and those would change his life for a very long time. The teacher's career is tarnished forever, and he may face steady pressure and eventually resign. His punishment would be guilt, embarrassment, future teaching applications turned down, and possible financial ruin. If he is married, future financial burdens could end his marriage. I'm not familiar with Thai law, but this is generally the outcome in most countries. I see that you indicated you are not familiar with Thai law. Firstly, this occurred in Thailand and under Thai Criminal Law it is classified as a Wrongful Act and neither police or investigators are required to be involved, as any citizen or foreigner can file the complaint through a lawyer and under Thai law the victim is termed "Prosecutor." when the matter is heard by the courts. However, in many western countries, Criminal Negligence comes under some criminal law statutes and is defined as any type of conduct that “grossly deviates” from normal, reasonable standards of an ordinary person. It generally involves an indifference or disregard for human life or for the safety of people. In Thailand, a case can be filed under Section 420, of the Criminal Act, whereas a person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore. Makes no difference what the teacher's intent was. As for compensation this must be sought through the Civil Court, if mediation cannot reach a conclusion. Unless you're a in a high paying position, then any compensation paid is negligible; a life of an ordinary worker rates between 3 and 6 million Baht, a lot less for injuries and it is rare for any compensation for pain and suffering to be awarded. Normally, it is the teacher and the school who would pay compensation, which would be a small amount and then cover the medical costs. They normally don't have insurers to fall back on, same with doctors, they all appear to carry what we know as "Self Insurance." In other words they pay for any stuff ups. The contents of the last 3 paragraphs would not apply, however, he could, of course, be dismissed. Link to comment Share on other sites More sharing options...
louse1953 Posted September 14, 2016 Share Posted September 14, 2016 3 hours ago, Khun Paul said: Apart from the opbvious attitude of the Thai l;egal system and its laws, these wanton acts of Abuse of Authority by teachers has to stop. So far the School has made little if any attempts to sort out the matter neither have the Police who are now stating if no copmpensation figure is agreed they will have to charge the teacher. Why ? Just charge him and hopefully the possible loss of pension and other more punitive measures might actually up the amount offered for compensation , which the Criminal court judge would be pleased to hear about . Too often teachers across the nation have abused their authority in handing out punishment including physical abuse to students some as young as 10 years old, I know I have seen it, but complaining falls on deaf ears with the comments in Thailand we do things differently. REALLY ??? One teacher asked me what would I do as a father if this happened to my child, I asked her the teacher concerned would be choosing which hospital to visit or which lawyer to . She asked me if I was serious , I said yes and then explained that as teachers we should never hurt a child either physically or emotionally, but be a teacher a mentor and a counsellor. This obviously fell on deaf ears, they are not taught to be that in Thailand, therefore the Academic system in this country is broken from the top down. I no longer teach but feel sorry for the children that have to deal with abusive and ignorant teachers. . Many of my old students still contact me for help . What the teacher didn't understand was you saying that violence in schools is not on and in the next breathe you say if it was your child you would use that much violence that the teacher would be in hospital.You are a hypicrate. Link to comment Share on other sites More sharing options...
Baerboxer Posted September 14, 2016 Share Posted September 14, 2016 6 hours ago, NongKhaiKid said: So the teacher only threw the glass into the wall as a warning therefore it was an accident as he had no intention of harming anyone ! How can throwing a glass be seen as acceptable, warning or not, as it was a reckless act by someone with a temper who shouldn't be teaching ? What a ridiculous attitude from the school director but is anyone surprised ? Do you remember, a few months ago, the MoE were very vocal on the topic of assault by teachers. And no matter who you want to dress this up as an accident it was an assault which caused bodily harm. The MoE stated that parents should not simply accept financial compensation as the teachers were in fact committing a criminal act, which in doing made them a criminal, which should be dealt with by the police and justice system. Parents were therefore encouraged to always file a police complaint report in such cases. This parent does. And the police show bugger all interest other than trying to broker a financial settlement. The School Director, who will be aware of the MoE view, simply wants to keep it quiet, brush it under the nearest carpet and move on quickly. Anything to avoid loosing reputation and face. This is high profile in the media now. So will the MoE, senior police or any NGO pick it up and ensure action? Corruption will end in 20 years, right oh. Link to comment Share on other sites More sharing options...
louse1953 Posted September 14, 2016 Share Posted September 14, 2016 2 hours ago, Father Fintan Stack said: Still can do a job in one of the thousands of places in Bangkok. Maybe even end up with a farang sponsor or even husband. Let's focus on the positives. There was a girl with a broken jaw that used to work in several of the bars in Soi Cowboy mid 2000's. Her nickname among the farang johns was 'The Sheriff of Fractured Jaw' and her disfigurement didn't put off the punters. It is irreparably broken here, much like she is now, sadly. Sick mind father by suggesting that she become a prostitute.Luckily her disfigurement shouldn't put off any future employers.She can give the desperados of Cowboy and Nana a miss. Link to comment Share on other sites More sharing options...
DrTuner Posted September 14, 2016 Share Posted September 14, 2016 2 hours ago, Bangkok Barry said: Did you read the story? It was a glass. Funny kind of glass that bounces of walls. This story has more holes in it than a sieve, from both sides I reckon. Link to comment Share on other sites More sharing options...
Baerboxer Posted September 14, 2016 Share Posted September 14, 2016 54 minutes ago, 4MyEgo said: Very informative, thank you for making it clear. Does anyone know what Thai law says about a public servant assaulting a minor during work, e.g. can he be dismissed as a teacher, which would be automatic in Australia. I have kids that go to school here in Thailand, and if this is the process, then I wouldn't be seeking compensation, I would be ordering a hit, if the teacher wasn't stood down immediately and charged for assault, and if the school was reluctant to follow its "duty of care" assuming it exists here in Thailand, I would be looking to make some changes to the law, as I am sure any Thai in their right mind would find this incident as sickening to the stomach as me. Thai law forbids teachers using physical punishment. As all laws here, it only gets enforced selectively and occasionally when someone high up decides it's appropriate. My daughter, then in K1, has her ear squeezed by a Thai teacher resulting in a blood blister. I went ape. The school director was with me and wanted to dismiss her. My wife, a qualified experienced teacher and the head of the school program argued demotion and written warning was enough. She was demoted from the premium program to a very lowly role. Expat teachers thanked us and said they'd been wanting her removed for some time as she constantly shouted at and bullied the young children. When staring P4 at the same school a Thai teacher, on the first day of term, asked the children "who am I not allowed to hit, put your hand up". Nobody raised their hand as they hadn't got a clue what she was on about. Few days later she wasn't happy with the speed the room was being tided and hit 5 kids on the hand several times with a rules. Only we complained. Again same school director. The teacher did not deny hitting the kids, nor deny knowing it was illegal. Again a written and final warning was the punishment. Resist the temptation to get directly involved. As a farang will always end badly for you and most farang are only here on immigration's whim. However, as with many things these days, sub-contracting and outsourcing is always an option in extreme cases. Link to comment Share on other sites More sharing options...
Baerboxer Posted September 14, 2016 Share Posted September 14, 2016 5 minutes ago, louse1953 said: Sick mind father by suggesting that she become a prostitute.Luckily her disfigurement shouldn't put off any future employers.She can give the desperados of Cowboy and Nana a miss. Now I understand his avatar and why it's so appropriate. Link to comment Share on other sites More sharing options...
JacChang Posted September 14, 2016 Share Posted September 14, 2016 If the law won't protect the innocent, we will use it to harm the evildoers. Remind me to drop a bomb 1cm away from the director and teacher's head. Link to comment Share on other sites More sharing options...
Baerboxer Posted September 14, 2016 Share Posted September 14, 2016 21 minutes ago, louse1953 said: What the teacher didn't understand was you saying that violence in schools is not on and in the next breathe you say if it was your child you would use that much violence that the teacher would be in hospital.You are a hypicrate. A senior manager at one organization was being mentored by my friend for being bullied by his boss. The guy being bullied was a big, loud, blunt Yorkshire man. No the typical victim of bullying you'd have thought. In the next re-organization the one doing the bulying became my, and my friend the mentor's boss. He did the usual 1-1's with his new reports, who were all senior and previously his same level. He asked me what I didn't like. I told him bullies. What would I do if I was bullied? I told him I'd kick seven bells of crap out of the bully at the first opportunity. He said that was hypocritical too. But he never tried to bully me. Link to comment Share on other sites More sharing options...
indyuk Posted September 14, 2016 Share Posted September 14, 2016 After 21 years in Thailand I still cannot undestand why so many thai teachers abuse Students of any age. Link to comment Share on other sites More sharing options...
somchai jones Posted September 14, 2016 Share Posted September 14, 2016 5 hours ago, Happy Grumpy said: Disgusting society and culture. I'd say Jungle culture, but they're too cowardly for the jungle. Wonderful example of the crass, dinosaur mentality of the usual bitter brigade on Thai TV.........no wonder you've become a laughing stock to many of the non bitter expats over here................... Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts