To better protect whistleblowers by expanding reasons of compensation payment and exemption of responsibility for corruption and public interest reporters –

Amendments to “Act on the Prevention of Corruption and the Establishment of the ACRC” and “Act on the Protection of Public Interest Whistleblowers” passed in the State Council –

 January 5, 2021

Anti-Corruption and Civil Rights Commission

The Republic of Korea

Those who intend to report on acts of corruption committed by public officials and institutions could make a proxy reporting through lawyers without revealing personal information as public interest whistleblowers can.

The ACRC announced that the amendments to Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (the ACRC Act) and the Act on the Protection of Public Interest Whistleblowers that were designed to allow corruption whistleblowers to use the proxy reporting system, and to expand the reasons of compensation payment and exemption of responsibility for corruption and public interest reporters were passed in the State Council.

The proxy reporting system has been included in the revision of the ACRC Act in order to enable corruption reporters to make a proxy reporting through lawyers while not revealing personal information as public interest whistleblowers have been able to do so.

The proxy reporting system has until now been only available for public interest reporting where reports are made against violations of public interests, such as citizens’ health and safety, the environment, and consumer interests.

When using the proxy reporting system, those who report do not need to reveal their name so that they can enjoy a greater protection from damages caused by identity exposure.

In addition, as for when corruption and public interest whistleblowers spend costs on lawsuits brought due to the reporting, the coverage of compensation payment was broadened from “the costs incurred for the procedures of lawsuits regarding restoration of the previous status” to “the costs spent on the procedures of lawsuits filed due to corruption or public interest whistle blowing.”

As a result, whistleblowers can now apply for compensation payment, such as for an attorney’s fee in the process of civil and criminal lawsuits, for example, where those who the whistleblower made a report against sue the whistleblower on charges of false accusation or defamation as a reprisal.

Furthermore, while corruption whistleblowers used to be exempted only for “penalties and disciplinary actions” when an illegal act was identified with regards to the reporting, they now can also be exempted for “disadvantageous administrative dispositions” as public interest reports have been able to.

The amendments would also provide public interest whistleblowers with timely protection by allowing public institutions to exempt the reporter from “disciplinary actions” or “disadvantageous administrative dispositions” by themselves even without a request of the ACRC.

ACRC Chairperson Jeon Hyun-Heui said that “the ACRC can provide whistleblowers with various, powerful protective measures that not any other institution can. We will continue to seek revision of legislation to better protect whistleblowers so that any citizen can make a report without fear.”