prior to having been in office. 4. The Constitutional Court considered that: 4.1) The spirit of this Constitution is to prevent against the conflict of interest which may cause the condition of misconduct—the condition compelled to choose between self-interest and public interest—to be occurred. Should a holder of the position offered by the public be mindful on his own interest beyond the public interest, he could conduct an abuse of his power. Therefore, the accomplishment of the spirit of the Constitution is not only to construct the term "employee" through the definition under the Civil and Commercial Code, the law on labour protection or the law on taxation, as each law contains different spirit and purposes of enforcement; as well as the said laws are at the lower class than the Constitution. The term "employee" under the Constitution holds broader meaning than that of any other laws, and should be interpreted in a general path. For which the Official Dictionary of Thai Words by the Royal Institute, 1999 Version defined the term "employee" that "a person who works for any job; a person who agrees to work for other person, irrespective of how he is called." 4.2) Samak gave an interview in the Sakul Thai Magazine vol 47 (Tuesday 23 October 2001) pp 37 that he was monthly paid 80,000 Baht for being the emcee of the said programmes. And pursuant to the letter Samak replied to the Face Media Co., Ltd. on 25 December 2007 that he will do this work [being the emcee] without receiving anything as usual, this kind of letter has never been made by Samak prior to being enquired by the ECT. As well as the affirmation of Samak that he had received only the travelling costs from the Company was in contrary to the witnesses' testimonies and to the taxation evidences showing that what Samak previously received was the payments for working, not only the travelling costs as he represented. 4.3) As Samak defended himself that the programmes aired after he was in office and were pre-recorded months before he came in; however, in one of the said programmes Samak stated that: "... Came again those people who wanted to find a person to replace Mr Samak as boisterously appeared on the news. Yes, that group, the group which delivered an ultimatum to Mr Samak to resign. They newly discovered that the programme 'Tasting