Revised 'Public Interest Whistleblower Protection Act' Promulgated on the 20th
Added Public Interest Reporting Targets to Four Laws Including Labor Standards Act and Private School Act
Structural Fund Support for Public Interest Reporting Litigation... Strengthened Protection for Whistleblowers
Whistleblower A, related to the 'Yang Jin-ho case,' answering reporters' questions at a press conference jointly hosted by Newstapa, Sherlock, and Pressian at Newstapa in Jung-gu, Seoul, on November 13, 2018. Photo by Moon Ho-nam munonam@
[Sejong=Asia Economy Reporter Moon Chaeseok] From now on, those who report violations of the Labor Standards Act, the Private School Act, the Elementary and Secondary Education Act, and the Higher Education Act will also be protected as whistleblowers. The Anti-Corruption and Civil Rights Commission (ACRC) will provide relief funds for all litigation costs incurred due to whistleblowing.
On the 13th, the ACRC announced that the amendment to the "Whistleblower Protection Act," which includes these provisions, passed the National Assembly plenary session on the 24th of last month and the Cabinet meeting today, and is scheduled to be promulgated on the 20th. An ACRC official explained, "Following the expansion of the laws subject to whistleblowing from 284 to a record high of 467 on November 20 last year, the four additional laws this time are significant as they relate to public interest violations in educational and labor environments."
With the addition of these laws, those who report acts such as ▲forcing pregnant women to work night shifts or denying maternity leave ▲forcing labor through assault, threats, or confinement ▲using school corporation profits for purposes other than private school management ▲illegally receiving educational funds from the state or local governments ▲providing students' school life records to third parties without consent ▲leaking or distributing college entrance exam questions will also be protected as whistleblowers. The addition of these laws will take effect immediately upon promulgation.
A new right to submit opinions to the courts will be established, and from July 21, the ACRC will be able to submit opinions on civil, criminal, and administrative lawsuits related to whistleblowing if deemed necessary by the ACRC or requested by the court. An ACRC official stated, "We plan to actively submit opinions so that whistleblowers can receive mitigation in lawsuits even if they face criminal penalties, disciplinary actions, or unfavorable administrative measures related to their illegal acts."
Additionally, from October 21, whistleblowers will be able to apply for relief funds covering all litigation costs incurred due to whistleblowing. For example, if a whistleblower is sued for defamation or other civil/criminal cases because of their report and incurs attorney fees, the ACRC can provide a certain amount of support to the whistleblower. Legal grounds have also been established allowing institutions to voluntarily reduce disciplinary actions against whistleblowers when necessary, even without ACRC's request.
Furthermore, the application period for whistleblower rewards has been extended by one year. Previously, it was up to two years from the date the legal relationship regarding the recovery or increase of state or local government revenue was confirmed; now it has been extended to three years. However, this applies only to whistleblowing made on or after October 21.
Jeon Hyun-hee, Chairperson of the ACRC, said, "Through this amendment, the whistleblower protection system overseen by the ACRC has become more mature and stronger. We will not be complacent and will continue to promote legal amendments to strengthen whistleblower protection so that anyone can report with confidence."
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