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Re-claiming the Money Paid to a State Official who was Ineligible
Re-claiming the Money Paid to a State Official who was Ineligible

When demanding a state official to repay the money he was not eligible to receive, an administrative agency did not exercise power under the law to issue an order. Such act was the exercise of the debtor’s right of claim. The money received by the state official was unjust enrichment that the debtor was entitled to claim for restitution. If the state official did not restitute the money, it was not deemed as the negligence of official duties required by the law or performing such duties with unreasonable delay. It was also not deemed as a wrongful act or other liabilities arising from the exercise of power under the law. Therefore, re-claiming the money from a state official was not a dispute in relation to a wrongful act or other liabilities of a state official arising from the exercise of power under the law or from a rule, administrative order, or other orders, or from the negligence of official duties required by the law or performing such duties with unreasonable delay pursuant to Section 9 paragraph one (3) of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).




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