Establishment of Protection for Internal Whistleblowers and Grounds for Personal Data Processing at the Corruption Investigation Office for High-Ranking Officials (Gongsucheo)

[Asia Economy Reporter Kwangho Lee] On the 7th, the government held a Cabinet meeting presided over by President Moon Jae-in to enact and amend related regulations necessary for the launch of the High-ranking Officials' Crime Investigation Office (Gong-su-cheo).

On the same day, President Moon presided over the 35th Cabinet meeting at the Cheong Wa Dae Yeomin-gwan and deliberated and resolved three presidential decrees, including the "Regulations on the Protection of Whistleblowers on Crimes by High-ranking Officials."

The regulations on the protection of whistleblowers on crimes by high-ranking officials stipulate that when preparing documents related to whistleblowing, the personal information of whistleblowers must not be recorded to protect them. If there is a clear risk that whistleblowers or related persons may suffer serious harm to life or body due to whistleblowing, necessary measures for personal safety, such as personal protection or protection in specific facilities, can be taken.

Additionally, to allow prosecutors and investigators belonging to Gong-su-cheo to process personal information such as resident registration numbers when unavoidable for carrying out duties such as criminal investigations and prosecution under the law, the "Regulations on the Processing of Personal Information by the High-ranking Officials' Crime Investigation Office" were established.

Furthermore, prior to the launch of Gong-su-cheo, 15 existing presidential decrees requiring amendments were collectively revised.

By amending the "Enforcement Decree of the Public Audit Act," Gong-su-cheo was added to the central administrative agencies required to form internal audit organizations; the "Enforcement Decree of the Public Officials Ethics Act" was revised to include the Gong-su-cheo Chief and Deputy Chief among those obligated to disclose assets; and the "Enforcement Decree of the Attorney-at-law Act" was amended to add Gong-su-cheo to investigative agencies where affiliated public officials are prohibited from soliciting cases.

Nam Gi-myeong, head of the Gong-su-cheo establishment preparation team, said, "We will prepare thoroughly to ensure that Gong-su-cheo can establish itself as an investigative agency worthy of the public's expectations by completing legal revisions and securing human and material foundations before its launch."

Meanwhile, the Democratic Party plans to complete the selection of two ruling party members for the candidate recommendation committee by the 9th. However, as the United Future Party delays the nomination of two opposition members, it is uncertain whether discussions on recommending the Gong-su-cheo Chief candidate will even take place by the enforcement date of the Gong-su-cheo Act on the 15th.

The Gong-su-cheo Chief Candidate Recommendation Committee consists of seven members (Minister of Justice, Chief of Court Administration, President of the Korean Bar Association, two ruling party recommended members, and two opposition recommended members). Among them, two preliminary candidates are selected with the approval of six members, and the President appoints one final candidate as the Gong-su-cheo Chief.