[In-depth Review] Measures to Promote Public Interest Whistleblowing

Heo Yoon, Chief Spokesperson of the Korean Bar Association

Recently, news was reported that a lawyer was sent to the prosecution with an indictment opinion. Lawyers are human too, and they sometimes commit crimes and stand trial. However, this case was unusual. The problem arose when the lawyer leaked a video to the media showing circumstances such as the police speaking informally and conducting leading interrogations. The police took issue with the act of leaking the video, claiming that the video contained the name and face of the officer involved. However, the video aired by the media does not reveal any information about the police officer. This has led to criticism of an overreaction.

The lawyer’s reason for leaking the video to the media was clear: to point out the problems of coercive investigation against the suspect. Such criticism falls under whistleblowing that calls for improvement in the public domain. Whistleblowing has been raised in various fields. Auditor Lee Moon-ok exposed lobbying to the Board of Audit and Inspection by large corporations, securing the independence of the Board, and lawyer Kim Yong-chul revealed Samsung’s illegal slush funds, bringing the improper behavior of conglomerates to light.

However, just as the current lawyer became a subject of investigation for whistleblowing, other whistleblowers also faced backlash. Auditor Lee Moon-ok was detained on charges of leaking official secrets, and lawyer Kim Yong-chul suffered from lawsuits and trials. This highlights the need to protect whistleblowers.

Currently, South Korea has enacted laws such as the Act on the Protection of Public Interest Whistleblowers and the Anti-Corruption Act to protect whistleblowers. Nevertheless, the whistleblowing system is not being activated. One reason among many is that the media and civic groups are excluded from the institutions that receive whistleblowing reports. What whistleblowers fear most is exposure of their identity. Therefore, whistleblowers prefer to report 'anonymously' to the media or civic groups. If media organizations become authorized whistleblowing reception institutions and provide protection to whistleblowers, whistleblowing could become more active.

If the state takes responsibility for the livelihood of whistleblowers, whistleblowing can be further encouraged. Many whistleblowers suffer severe economic hardship due to their disclosures. For example, the whistleblower who exposed recruitment corruption at the Ulju-gun Facilities Management Corporation had to make a living by doing manual labor at construction sites and working as a water park safety guard. Since they contributed to a transparent society, full support should be provided to ensure their livelihoods are not disrupted.

The United States imposes penalties on companies that withhold wages due to whistleblowing, requiring them to pay double the withheld wages, interest, litigation costs, and damages. Furthermore, whistleblowers sometimes receive astronomical rewards. A whistleblower who exposed tax evasion by the Swiss financial company UBS was awarded $104 million (approximately 117 billion KRW), and there have been more than 20 cases where rewards exceeded $10 million (approximately 11 billion KRW). It is necessary to assure that whistleblowing does not lead to economic hardship.

The United Kingdom pays close attention to whistleblower protection. Whistleblowers are protected simply by the act of whistleblowing. Since the truthfulness of the whistleblowing is the responsibility of the receiving institution, whistleblowers can be relieved of the burden. Temporary relief systems are also implemented to maintain employment status until court rulings are made. In Europe, there are systems that prohibit corporate lawsuits against internal employees who have blown the whistle.

Illegal acts by institutions or companies are often difficult to uncover without internal whistleblowing. The state and society cannot demand sacrifice from whistleblowers without taking responsibility for their livelihoods or properly preventing disadvantages inflicted upon them. Incidents caused by corruption or illegality have signs, and those signs are first detected by whistleblowers. This is why thorough protection and bold economic support for whistleblowers are necessary.