The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Jeon Hyun Hui) announced that as the revision to the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (“the Corruption Prevention Act”) has allowed it to verify the reported matters not just from a reporting person but also from the reported when handling corruption reports, it will give the reported an opportunity to explain to resolve concerns over false accusations or defamation of the reported while managing to protect the identification of a reporting person in the course of doing so.

The ACRC chairperson Jeon Hyun Hui said in a briefing at the Seoul Government Complex on March 17, “As we implement the system to verify the reported matters from the reported* after 20 years of enforcing the Corruption Prevention Act, we will try to ensure that the system is settled without any side effects.” 

* When the Commission handles corruption reports it received, if it cannot determine whether audit, investigation or inspection (referral) of the reported matters is necessary even after the verification of the matters from a reporting person, it can verify the matters from the reported only if the reported agrees. 

The ACRC said that while the system, which started to be implemented in mid-February, may reduce violations of the rights and interests of the reported, including false accusations and defamation, there can be also side effects that the reported finds who reported or destroys evidence in the process of verifying the matters from the reported. 

Accordingly, to improve the fairness of its report handling and not to destroy the purpose of the reporter protection system, the ACRC prepared and implements procedures for accurate verification and detailed standards for granting opportunities to explain to the reported as follows: 

[Inform the reporter of the system of verifying reported matters from the reported] First, in the stage of receipt of corruption reports, the Commission informs a reporting person of the system and explains that he/she can be punished pursuant to the Criminal Act, etc. in case where he/she files a false report that may cause false accusations or defamation of the reported and that he/she can be also excluded from the subject of protection under the Corruption Protection Act, in order to prevent the abuse of reporting. 

[Cases where an opportunity to explain is given to the reported]

An opportunity to explain is given to the reported if: whether the report is falsely filed or not is the point in dispute; the evidence is not clear; who should be held accountable for the corruption in question needs to be clarified. 

In particular, when the Commission grants an opportunity to explain to the reported, it will provide guidance on the ‘the protection and reward system for reporters’ and ‘the provision of punishment for violations of confidentiality and taking disadvantageous measures’ in order to alarm the reported not to cause harm to reporters. 

If reporters suffer damage or fear harm due to the granting of an opportunity to explain to the reported, the Commission will take swift measures to recognize the status of reporters for more thorough protection. 

[Cases where an opportunity to explain is not granted to the reported]

On the other hand, considering that violation of prohibition of publishing personal information of reporters is punished by imprisonment for not more than five years or by a fine not exceeding 50 million won under Article 88 of the Corruption Prevention Act and that corruption detection through reporting is important, the Commission does not grant an opportunity to explain to the reported if: there is a concern over exposure of the identity of reporters; there is a concern for the reported to destroy evidence or fleeing; and the reported refuse to be given an opportunity to explain. 

ACRC chairperson Jeon Hyun Heui said, “we cannot rule out the possibility of a conflict of legal interests between protection of reporters and prevention of false accusation or defamation due to the introduction of the verification system. We will try to develop the system to be more trusted by the people by dealing with corruption report cases fairly and with a sense of balance between reporters and the reported.”