Protection for public interest whistleblowers to be significantly strengthened

September 28, 2017

Anti-Corruption and Civil Rights Commission

The Republic of Korea

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Pak Un Jong) announced that the National Assembly passed an amendment to the Act on the Protection of Public Interest Whistleblowers on 28th September, 2017. The amendment expands matters subject to protection for public interest whistleblowers and adopts punitive damages in public interest whisltebowing cases.

There has been concerns that the current Act on the Protection of Public Interest Whistleblowers is not perfect enough to protect whistleblowers, since it does not include some areas which needs public interest whistleblowers in the scope of subjects of public interest violation reporting.

The amendment to the Act significantly enhances the level of protection for public interest whistleblowers and handling of public interest violation reports.

The Act is amended as follows:

▸ The number of areas and Acts subject to public interest whistleblower protection increases (279Acts-> 284Acts)

▸ Period during which whistleblowers apply for protective measures is extended from less than three months from the date of disadvantage measures were imposed to less than one year

▸ For two years following its decision of protective measures, the ACRC is mandated to check whether the concerned agency implemented the protective measures and whether the whistleblower faced any further disadvantages.

▸ Public interest whistleblowers can be recommended as candidates for awardee under the Awards and Decorations Act

▸ To swiftly provide whistleblowers with remedies for damages or disadvantages resulting from their whistleblowing, relief money can be given to them before Compensation Deliberation Committee’s deliberation and decision.

▸ Punitive damages are introduced in public interest whistleblowing cases

▸ Stronger punishments for violation of the Act are included in the penalty provisions

An official from the ACRC said, “ The amendment to the Act on the Protection of Public Interest Whistleblowers, which significantly strengthens protection for public interest whistleblowers and expands the scope of protection for them, will contribute to enhanced public safety and transparency in Korean society.”