[Exclusive] Nearly 3 Million Public Interest Reports... Prosecutors Forward 'Indictment Opinions' Only 10%

270,000 Cases of Public Interest Reports Transferred to Prosecution with 'Indictment Opinion'
"Thorough Protection of Public Interest Reports and Sanctions for Abuse Needed"

[Asia Economy Reporters Jang Sehee and Hwang Seoyul] Whistleblower Kim reported hospitals and pharmacies that received illegal kickbacks (rebates) from pharmaceutical companies and drug wholesalers. Lee reported a construction company that subcontracted all of its construction work to a third party.

As reports of public interest violations increase, it was found that only 10% of cases referred to the prosecution by the police were with a recommendation for indictment. This is because most cases involved violations of the Road Traffic Act, resulting in administrative sanctions, and some did not actually constitute public interest violations.

According to the 'Status of Receipt and Handling of Laws Related to Public Interest Violations' submitted by the National Police Agency to Rep. Jung Woo-taek of the People Power Party on the 9th, a total of 2,667,587 public interest violation cases were received as of November last year. This is about 200,000 more than the previous year's total (2.46 million).

This includes complaints and accusations received at police stations nationwide and cases transferred from the Anti-Corruption and Civil Rights Commission to the police. While 66% of the total resulted in administrative sanctions, only 10% were sent to the prosecution with a recommendation for indictment. Five percent were closed. Closures include no charges, lack of prosecutorial rights, and dismissal.

A National Police Agency official explained, "Since April 2021, the scope of laws subject to public interest reporting has expanded, leading to an increase in reports," adding, "Many cases resulted in administrative sanctions for violations of the Road Traffic Act." These reports often use black box footage for offenses such as sudden lane changes and phone use while driving. Laws such as the Children's Product Safety Act, Labor Standards Act, and Financial Transaction Act were added. Due to these factors, public interest violation reports increased annually from 1.09 million in 2019, 1.79 million in 2020, to 2.45 million in 2021.

According to the police, over 70% of public interest violations involve violations of the Road Traffic Act. Other laws include the Labor Standards Act and the Act on Convenience for Persons with Disabilities, etc.

Recently, cases related to political matters have also increased. A police official stated, "Some people report to influence others even if the case does not constitute a public interest violation," and added, "There are public interest reports on political issues, but many are based on hearsay rather than personal experience."

Although the scope of public interest reporting has expanded, there are still gaps. There are limits to protecting whistleblowers even if they suffer disadvantages after reporting tax evasion, etc. In this regard, Rep. Lee Jong-bae of the People Power Party proposed the Whistleblower Protection Act last year, expanding protection to include the Tax Offense Punishment Act and establishing penalties for acts of identifying whistleblowers.

Rep. Jung said, "The public interest reporting system sometimes deviates from its original purpose," and added, "Authorities such as the police should develop countermeasures to eradicate acts that harm innocent citizens by abusing the legal system."

Experts pointed out that alongside protecting whistleblowers, a system to sanction abuse should be established. Professor Kim Do-woo of the Department of Police Science at Gyeongnam National University said, "In Korea, whistleblowers inevitably face personnel and personal disadvantages after reporting," adding, "Since protection is only possible until the outcome, whistleblowers or internal reporters may be reluctant." He continued, "Reports should be protected, but when abused, there should be sanctions to ensure legal responsibility."

Kim Dae-geun, head of the Legal Policy Research Office at the Korea Institute of Criminology and Justice Policy, stated, "Protection and activation policies for whistleblowers are increasingly important." Attorney Yang Tae-jung, CEO of Law Firm Gwangya, emphasized, "Procedures should be established so that third parties who file criminal complaints can be protected as whistleblowers based on the investigative agency's own judgment."