PUBLIC INTEREST WHISTLEBLOWER PROTECTION ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the stabilization of the livelihood of citizens and the establishment of a transparent and clean social climate by protecting and supporting those who have reported any act that is detrimental to the public interest.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 24, 2015; Oct. 31, 2017; Mar. 21, 2023>

1. The term "act detrimental to the public interest" means any of the following acts detrimental to the health and safety of the people, the environment, the interests of consumers, fair competition, and public interest equivalent thereto:

(a) Any act falling under the penalty provisions of the Acts prescribed in the Appendix;

(b) Any act subject to administrative measures prescribed by Presidential Decree, such as measures for the cancellation or suspension of approval or permission, etc. in accordance with Acts prescribed in the Appendix;

2. The term "whistleblowing disclosure" means to file a report of, make representations of, provide information about, make a complaint or bring a charge of the fact that any act detrimental to the public interest has been committed or is likely to be committed, or to provide a lead for investigation into any act detrimental to the public interest to persons who fall under any of the subparagraphs of Article 6; provided, the following cases shall not be deemed a whistleblowing disclosure:

(a) Where the person makes a whistleblowing disclosure despite being aware or in a position to be aware of the fact that the details of the whistleblowing disclosure are untrue;

(b) Where the person requests money or other valuables, or a special favor in labor relations in connection with the whistleblowing disclosure, files the whistleblowing disclosure for other unlawful purposes;

3. The term "whistleblowing disclosure, etc." means to file a whistleblowing disclosure and to make a statement, bear witness or provide materials in the inspection, investigation of or lawsuit against a whistleblowing disclosure, and in the inspection or lawsuit related to measures of protection for a whistleblower;

PUBLIC INTEREST WHISTLEBLOWER PROTECTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State) #

Article 4(Formulation of policies of Anti-Corruption and Civil Rights Commission) #

Article 5(Relationship to other Acts) #

Article 6(Whistleblowing disclosure) #

Article 7(Duty of public officials to file whistleblowing disclosure) #

Article 8(Methods of whistleblowing disclosure) #

Article 8-2(Non-real name reports by proxy) #

Article 8-3(Support for insider whistleblowers) #

Article 9(Processing of public interest reports by Commission) #

Article 9-2(Guidance on protection and support) #

Article 10(Handling of whistleblowing disclosures by inspection agencies) #

Article 10-2(Construction and operation of integrated information system for whistleblowing disclosure) #

Article 11(Omission of personal information) #

Article 12(Duty to maintain confidentiality of whistleblowers) #

Article 13(Personal protection measures) #

Article 14(Mitigation of culpability) #

Article 15(Prohibition of disadvantageous measures) #

Article 16(Preferential consideration of personnel measures) #

Article 17(Request for protective measures) #

Article 18(Dismissal of requests for protective measures without prejudice) #

Article 19(Inspection of request for protective measures) #

Article 20(Decision to take protection measures) #

Article 20-2(Special protective measures) #

Article 21(Finalized decision to take protective measures) #

Article 21-2(Charges for compelling compliance) #

Article 22(Request for prohibition of disadvantageous measures) #

Article 23(Presumption of disadvantageous measures) #

Article 24(Recommendation for reconciliation) #

Article 25(Request for cooperation) #

Article 25-2(Special cases concerning reporting on political campaigns) #

Article 26(Monetary rewards) #

Article 26-2(Standards for calculation of monetary rewards) #

Article 26-3(Monetary rewards) #

Article 27(Relief funds) #

Article 27-2(Request for data) #

Article 28(Prohibition of overlapping payment of monetary rewards) #

Article 29(Recovery of monetary reward) #

Article 29-2(Liability for damages) #

Article 30(Penalty provisions) #

Article 30-2(Joint penalty provisions) #

Article 31(Administrative fines) #