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Whistleblower’s Rights in Korea
2014. 6
Anti-Corruption & Civil Rights Commission
Structure of Whistleblower Laws in Korea
ACRC Act
A P P I W
2
Subject Matters of Protected Disclosure
Bribery and pursuit of private
interest by public officials
Fraud or acts causing ...
1 ACRC receives and verifies reports of corruption.
2 ACRC refers them to investigative agencies.
3 The agencies conduct i...
Disclosure & Other Activities to be Covered
1. Status of Protected Whistleblowers
2. In Good Faith and With Reasonable bel...
Reward moneyIn Employment Relations
Protection Rewards
In Non-Employment
Relations
Protecting and Rewarding Measures
Award...
Protection in Employment Relations
1. Request for corrective action to the ACRC
2. Investigation & Deliberation by the ACR...
Protection in Non-Employment Relation
1. Protection of Personal Safety
2. Special Protection in Criminal Proceedings
3. Co...
Guarantee of Employment
Cases of Protecting Whistleblowers
9
The whistleblower requested guarantee of employment
claiming ...
Physical Protection
Cases of Protecting Whistleblowers
10
The whistleblower was threatened to cancel his report
on illegal...
Confidentiality
Cases of Protecting Whistleblowers
11
The whistleblower requested theACRC to confirm whether
his identity ...
♦ Whistleblowers suffer mental illnesses
Ex) Anxiety, Stress for fear of identity exposure, etc
☞ MOU with Korean-NeuroPsy...
Reward & Award to Whistleblowers
Reward Money
Whistleblower contributing directly to increasing or
recovering revenues of ...
Corruption Disclosures Made (2002-2013)
Performance in Handling Disclosures
Category total Referred to
investigative
agenc...
Number of Cases Referred to Investigative Agencies (2002-2013)
Performance in Handling Disclosures
Total
Referral to inves...
Number of Requests for Protection (2002-2013)
Performance in Protecting whistleblowers
Category
Protection in
employment
r...
Reward for Whistleblowers (2002-2013)
No. of Cases
Amount of
Recovered money
Amount of Reward
220 USD 60,313,858 USD 6,228...
Award for Whistleblowers (2006-2013)
No. of Cases Amount of Award
63 USD 487,000
Performance in Rewarding Whistleblowers
18
Largest Ever Award Case
Cases of Rewarding Whistleblowers
19
A construction company was paid approx. KRW 5.5 billion
for s...
From ex post facto system
To pre-emptive and preventive protection system
Improving Public Awareness and Efficiency of Whi...
Whistleblower's rights in Korea, Joo-mi Park, Anti-Corruption & Civil Rights Commission
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Whistleblower's rights in Korea, Joo-mi Park, Anti-Corruption & Civil Rights Commission

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Presentation by Joo-mi Park at the OECD Whistleblower Protection Seminar on 17th June 2014. More information available at www.oecd.org/gov/ethics/whistleblower-protection-seminar-june-2014.htm

Published in: Government & Nonprofit
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Whistleblower's rights in Korea, Joo-mi Park, Anti-Corruption & Civil Rights Commission

  1. 1. Whistleblower’s Rights in Korea 2014. 6 Anti-Corruption & Civil Rights Commission
  2. 2. Structure of Whistleblower Laws in Korea ACRC Act A P P I W 2
  3. 3. Subject Matters of Protected Disclosure Bribery and pursuit of private interest by public officials Fraud or acts causing financial damage to the public org. Coercion/offer to commit or conceal the acts mentioned above Public health Public safety Environment Consumer interest Fair competition A C R C A c t A P P I W 3
  4. 4. 1 ACRC receives and verifies reports of corruption. 2 ACRC refers them to investigative agencies. 3 The agencies conduct investigation. 4 The agencies notify ACRC of the results. 5 ACRC notifies the whistleblowers of the results. Handling Procedure of Disclosures 4
  5. 5. Disclosure & Other Activities to be Covered 1. Status of Protected Whistleblowers 2. In Good Faith and With Reasonable belief 3. Where to Make a Disclosure 4. Other Activities to be Protected 5
  6. 6. Reward moneyIn Employment Relations Protection Rewards In Non-Employment Relations Protecting and Rewarding Measures Award money 6
  7. 7. Protection in Employment Relations 1. Request for corrective action to the ACRC 2. Investigation & Deliberation by the ACRC 3. Corrective Action Ordered by the ACRC 4. Punishment: 1 year in prison or fine (USD 10,000) 7
  8. 8. Protection in Non-Employment Relation 1. Protection of Personal Safety 2. Special Protection in Criminal Proceedings 3. Confidentiality: 3 years in prison or fine 4. Administrative & Economic Warranties 5. Mitigation of culpability 8
  9. 9. Guarantee of Employment Cases of Protecting Whistleblowers 9 The whistleblower requested guarantee of employment claiming that he suffered disciplinary action after reporting corruption of his predecessor related to waste disposal. - TheACRC confirmed need for whistleblowertoact as described anddemandedrevocationofdisciplinaryactionandimposedapenalty. ☞Headofagencynullifieddisciplinaryactionandpaidthepenalty. Case detail Result of investigation Reductionofsalaryfor1month&SurchargeofKRW100,000 forreceivingprohibitedentertainmentandhamperinginstitutionalreputation
  10. 10. Physical Protection Cases of Protecting Whistleblowers 10 The whistleblower was threatened to cancel his report on illegally raised purchasing price, and requested physical protection to the ACRC. TheACRC confirmed need for protection, and demanded the police toprovide emergency protection including regular patrol inwhitsleblower’sneighborhood. Case detail Result of investigation
  11. 11. Confidentiality Cases of Protecting Whistleblowers 11 The whistleblower requested theACRC to confirm whether his identity was leaked claiming that in 8 hours from reporting he canceled his report on overestimating construction expenses as head of construction team after threatened by the company. OfficialAwhoreceived report revealed reporter’s identity toB of the company, B again toC. The ACRC demanded disciplinary action against them. ☞Warning and admonition weregiven respectively. Case detail Result of investigation
  12. 12. ♦ Whistleblowers suffer mental illnesses Ex) Anxiety, Stress for fear of identity exposure, etc ☞ MOU with Korean-NeuroPsychiatric-Association to provide financial support(KRW 500,000) for psychiatric treatment of whistleblowers ♦ Legal aid is provided upon request of whistleblower ☞ MOU with Korean-Bar-Association to provide legal aid Ex) litigation service, legal counseling Medical Support and Legal Aid Cases of Protecting Whistleblowers 12 Medical Support Legal Aid
  13. 13. Reward & Award to Whistleblowers Reward Money Whistleblower contributing directly to increasing or recovering revenues of public organization 4 ~ 20% of recovered money awarded * maximum USD 2 million Award Money Whistleblower contributing to public interest, institutional improvement & disciplinary action Up to USD 100,000 13
  14. 14. Corruption Disclosures Made (2002-2013) Performance in Handling Disclosures Category total Referred to investigative agencies Identified violation of code of conduct Forwarded to agencies Closed Reports handled 28,246 1,035 430 9,620 17,161 0 1000 2000 3000 4000 02 03 04 05 06 07 08 09 10 11 12 13 14
  15. 15. Number of Cases Referred to Investigative Agencies (2002-2013) Performance in Handling Disclosures Total Referral to investigative agencies Notification of result Under Investigation Subtotal ① Corruption Detected ② Acquittal 1,035 907 647 260 128 Detection Rate(②/①) 71.3% 15
  16. 16. Number of Requests for Protection (2002-2013) Performance in Protecting whistleblowers Category Protection in employment relations Protection of personal safety Guarantee of confidentiality Requests 146 22 13 Accepted 48 (33%) 14 (64%) 4 (31%) 16
  17. 17. Reward for Whistleblowers (2002-2013) No. of Cases Amount of Recovered money Amount of Reward 220 USD 60,313,858 USD 6,228,664 * The largest amount of reward is USD about 400,000 Performance in Rewarding Whistleblowers - 500,000 1,000,000 1,500,000 2,000,000 02 03 04 05 06 07 08 09 10 11 12 13 Amount of Reward 17
  18. 18. Award for Whistleblowers (2006-2013) No. of Cases Amount of Award 63 USD 487,000 Performance in Rewarding Whistleblowers 18
  19. 19. Largest Ever Award Case Cases of Rewarding Whistleblowers 19 A construction company was paid approx. KRW 5.5 billion for sewage pipelines that they didn’t build. 11peoplefacedimprisonmentandfine, andKRW5.5billionwasrecoveredincludingconstructionexpenses. ☞USD400,000waspaidinaward.(largesteveramount) Case detail Result of investigation
  20. 20. From ex post facto system To pre-emptive and preventive protection system Improving Public Awareness and Efficiency of Whistleblowing Public-Private Partnership - MOU with best businesses - Cooperative council with report-receiving organizations to support implementation Customized promotion and education for private companies and public organizations Introducing “Emergency Suspension of Disadvantages Against Whistleblower” Promoting Financial Reward System - Promoting payment of financial reward and recommendation system for reward Recommend organizations to set up policies, and distribute manuals and standardized whistleblowing procedure -Guidelines for businesses -* Providing immunity for violations of confidentiality under the standard employment regulation 20

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