ENFORCEMENT DECREE OF THE PUBLIC INTEREST WHISTLEBLOWER PROTECTION ACT
Presidential Decree No. 23198, Sep. 30, 2011
Amended by Presidential Decree No. 23845, jun. 7, 2012
Presidential Decree No. 23964, Jul. 20, 2012
Presidential Decree No. 23965, Jul. 20, 2012
Presidential Decree No. 24097, Sep. 7, 2012
Presidential Decree No. 25300, Apr. 8, 2014
Presidential Decree No. 25522, Jul. 28, 2014
Presidential Decree No. 25586, Sep. 2, 2014
Presidential Decree No. 26934, Jan. 22, 2016
Presidential Decree No. 28393, Oct. 17, 2017
Presidential Decree No. 28849, Apr. 30, 2018
Presidential Decree No. 29239, Oct. 16, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 32078, Oct. 19, 2021
CHAPTER I GENERAL PROVISIONS
| Article 2 Deleted. <Jan. 22, 2016> |
| Article 3 (Scope of Administrative Measures) |
"Administrative measures prescribed by Presidential Decree, such as the revocation or suspension of approval or permission" in subparagraph 1 (b) of Article 2 of the Public Interest Whistleblower Protection Act (hereinafter referred to as "Act") means any of the following measures: <Amended on Jan. 22, 2016> | 1. | Measures to revoke, withdraw, or cancel permission, authorization, exceptional permission, license, approval, designation, examination, certification, confirmation, attestation, registration, etc.; |
| 2. | Measures to suspend operation, business affairs, effect, qualification, etc.; |
| 3. | Measures to issue an order to do a specific act against the intention of a person who has a duty, such as a corrective order, an order to improve facilities, an order for relocation, an order for closure, an order for removal, or an order to publish an offense; |
| 4. | Measures to impose an obligation to pay money on the grounds of an offense, such as a penalty surcharge or an administrative fine. |
| Article 3-2 (Scope of Insider Whistleblowers) |
"Persons prescribed by Presidential Decree" in subparagraph 7 (c) of Article 2 of the Act means any of the following persons: <Amended on Oct. 30, 2018> | 1. | A person who receives or received education or training, such as on-the-job training or field placement, in a public institution, enterprise, corporation, organization, etc. which is an accused organization, before he or she belongs to and works at the public institution, enterprise, corporation, organization, etc., which is the accused organization; |
| 2. | A person who belongs or belonged to and works or worked at an organization related to public service designated pursuant to Article 3-2 of the Public Service Ethics Act, which is under the supervision of a public institution which is an accused organization; |
| 3. | A person who belongs or belonged to and works or worked at any of the following enterprises or corporations: |
| 4. | A person who is under the direction, control or supervision of a public institution, enterprise, corporation, organization, etc. which is an accused organization, who may be given disadvantageous measures by the public institution, enterprise, corporation, organization, etc. which is an accused organization due to a whistleblowing disclosure. |
[This Article Newly Inserted on Jan. 22, 2016]
| Article 4 (Formulation and Implementation of Policies) |
| (1) | The Anti-Corruption and Civil Rights Commission (hereinafter referred to as "Commission") shall formulate and implement the mid-term and long-term basic policies and annual action plans to protect and support whistleblowers, etc. pursuant to Article 4 (1) of the Act. <Amended on Jan. 22, 2016> |
| (2) | The Commission shall include matters concerning the education and public relations of the whistleblower protection system for administrative agencies, organizations, enterprises, etc. (hereinafter referred to as "administrative agencies, etc.") in the mid-term and long-term basic policies and annual action plans under paragraph (1). |
| (3) | Where it is necessary to formulate and implement the mid-term and long-term basic policies and annual action plans under paragraph (1), the Commission may organize and operate a consultative body with administrative agencies, etc. |
| (4) | The Commission may recommend administrative agencies, etc. to formulate and execute a detailed implementation policy in accordance with the mid-term and long-term basic policies and annual action plans under paragraph (1). |
| (5) | The Commission may support education and public relations activities concerning the whistleblower protection system of administrative agencies, etc. |
| Article 4-2 (Fact-Finding Survey) |
| 1. | Current status of the receipt and handling of whistleblowing disclosures; |
| 2. | Current status of the implementation of decisions, etc. to take protective measures and decisions, etc. to take special protective measures by the Commission on whistleblowers, etc.; |
| 3. | Current status of monetary rewards, monetary awards, or relief funds paid to whistleblowers, etc. pursuant to other statutes and regulations; |
| 4. | Current status of the filing for administrative appeals or administrative litigation related to the handling of whistleblowing disclosures; |
| 5. | Current status of education and public relations in relation to the whistleblower protection system; |
| 6. | Other matters related to the operation of the whistleblower protection system. |
| (2) | The Commission may conduct a fact-finding survey by requiring a public official under its jurisdiction to make a visit or in writing pursuant to paragraph (1). |
| (3) | Where a public official under the jurisdiction of the Commission makes a visit to conduct a fact-finding survey pursuant to paragraph (2), he or she shall notify a person subject to the fact-finding survey of the date and time, purpose, and place of fact-finding survey, personal information on the surveyor, etc. no later than three days before the fact-finding survey. |
[This Article Newly Inserted on Jan. 22, 2016]
CHAPTER II WHISTLEBLOWING DISCLOSURES
| Article 5 (Agencies to Which Whistleblowing Disclosures Are Made) |
| (1) | "Persons prescribed by Presidential Decree" in subparagraph 5 of Article 6 of the Act means any of the following persons: |
| 1. | A member of the National Assembly of the Republic of Korea; |
| 2. | A public organization, such as a public corporation, established pursuant to Acts related to acts detrimental to the public interest. |
| (2) | Upon receipt of a whistleblowing disclosure, a member of the National Assembly of the Republic of Korea or a public organization (hereinafter referred to as "member of the National Assembly, etc.") under paragraph (1) 2 shall send such whistleblowing disclosure to a person falling under any of subparagraphs 2 through 4 of Article 6 of the Act: Provided, That where the whistleblowing disclosure falls under any of the subparagraphs of Article 10 (2) of the Act, he, she or it need not send such whistleblowing disclosure. |
| (3) | A member of the National Assembly, etc. shall notify a whistleblower of measures he, she or it has taken (where he, she or it has not sent a whistleblowing disclosure, including the reason why he, she or it has not sent such whistleblowing disclosure) under paragraph (2). |
| Article 6 (Handling of Whistleblowing Disclosures by Representatives) |
| (1) | A representative or employer (hereinafter referred to as "representative, etc.") who has received a whistleblowing disclosure pursuant to subparagraph 1 of Article 6 of the Act shall confirm the details thereof, and, where it is necessary, he or she shall formulate and implement measures for the elimination, prevention, etc. of acts detrimental to the public interest. |
| (2) | The representative, etc. shall notify a whistleblower of the results of measures taken under paragraph (1). |
| (3) | Where a whistleblower makes a request or gives his or her consent, as necessary for the elimination, prevention, etc. of acts detrimental to the public interest, a representative, etc. may send a whistleblowing disclosure to a person falling under any of subparagraphs 2 through 4 of Article 6 of the Act: Provided, That where a whistleblowing disclosure falls under any of the subparagraphs of Article 10 (2) of the Act, the representative, etc. need not send it; and in such cases, the representative, etc. shall notify the whistleblower of such fact and reasons therefor. |
| (4) | Where it is necessary to formulate and implement measures for the elimination, prevention, etc. of acts detrimental to the public interest pursuant to paragraph (1), the representative, etc. may request cooperation from the Commission, and in such cases, the Commission shall provide cooperation unless there is a compelling reason not to do so. |
| Article 7 (Verification of Details of Whistleblowing Disclosures) |
| (1) | If necessary to specify the details of a whistleblowing disclosure pursuant to Article 9 (1) of the Act, the Commission may verify the following. In such cases, the Commission shall not inspect and verify the materials sealed and kept pursuant to Article 8-2 (3) of the Act without the consent of the whistleblower himself or herself: <Amended on Oct. 16, 2018; Oct. 19, 2021> |
| 1. | Personal information, such as the name, resident registration number, address, occupation, workplace, and contact details of a whistleblower (including the attorney-at-law of a whistleblower where the whistleblower has the attorney-at-law file a whistleblowing disclosure on his or her behalf, without disclosing his or her personal information, pursuant to Article 8-2 (1) of the Act); |
| 2. | Particulars about, purpose of and reasons for filing the whistleblowing disclosure; |
| 3. | Details of the whistleblowing disclosure and its relationship with acts detrimental to the public interest; |
| 4. | Relationship between the whistleblower and an accused organization; |
| 5. | Whether the whistleblower secures a person for reference or evidential data which can prove the details of the whistleblowing disclosure; |
| 6. | Whether the whistleblower has filed a whistleblowing disclosure with other agencies, such as an inspection agency (hereinafter referred to as "inspection agency") under subparagraph 2 of Article 6 of the Act, in the same details before he or she files the whistleblowing disclosure with the Commission; |
| 7. | Whether the whistleblower agrees to disclose or imply his or her identity (hereinafter referred to as "identity disclosure") in the course of confirmation by the Commission and an inspection or investigation by an inspection agency or investigative agency (hereinafter referred to as "inspection agency, etc."). |
| (2) | Where the Commission confirms whether a whistleblower consents to the disclosure of his or her identity pursuant to paragraph (1) 7, it shall explain to him or her the procedures for handling and disclosing his or her identity by an inspection agency, etc. |
| Article 8 (Handling of Whistleblowing Disclosures by Commission) |
| (1) | The Commission shall verify the details of a whistleblowing disclosure and shall refer or forward such whistleblowing disclosure to an inspection agency, etc. under Article 9 (3) of the Act or terminate it under paragraph (4) of that Article, within 60 days from the date of receipt of the whistleblowing disclosure. <Amended on Oct. 19, 2021> |
| (2) | Where it is deemed necessary to complement the details of a whistleblowing disclosure, the Commission may extend the period prescribed under paragraph (1) by up to 30 days. |
| (3) | Deleted. <Oct. 19, 2021> |
[Title Amended on Oct. 19, 2021]
| Article 9 (Referral of Whistleblowing Disclosures) |
| (1) | Where the Commission refers a whistleblowing disclosure to an inspection agency, etc. pursuant to Article 9 (3) of the Act, it shall refer the whistleblowing disclosure in accordance with the following classification: |
| 1. | Where direction, supervision, regulation or inspection is deemed necessary: An inspection agency; |
| 2. | Where there is a suspicion that a crime has been committed or an investigation is deemed necessary: An investigative agency. |
| (2) | Where the details of a whistleblowing disclosure are related to several agencies, the Commission may refer the whistleblowing disclosure after designating an agency which is in charge of the whistleblowing disclosure. In such cases, the agency in charge of the whistleblowing disclosure and related agencies shall cooperate with one another to handle whistleblowing disclosures one at a time. |
| (3) | Where the Commission refers a whistleblowing disclosure pursuant to Article 9 (3) of the Act, it shall refer matters under the subparagraphs of Article 8 (1) of the Act along with evidential data, etc. submitted by the whistleblower: Provided, That in any of the following cases, the Commission shall not refer the relevant materials: <Amended on Oct. 16, 2018> |
| 1. | Where a whistleblower does not consent to the disclosure of his or her identity, personal information about the whistleblower himself or herself under Article 8 (1) 1 of the Act; |
| 2. | Where a whistleblower has an attorney-at-law file a whistleblowing disclosure on his or her behalf, without disclosing his or her personal information, pursuant to Article 8-2 (1) of the Act (excluding where a whistleblower consents to the disclosure of his or her identity), materials sealed and kept pursuant to paragraph (3) of the same Article. |
| Article 10 (Forwarding of Whistleblowing Disclosures) |
| (1) | Where is it unclear whether matters regarding a whistleblowing disclosure is referred or terminated and it is deemed reasonable for an inspection agency, etc. to handle such matters, the Commission may forward the whistleblowing disclosure to an inspection agency, etc. under Article 9 (3) of the Act. |
| (2) | Where the Commission forwards a whistleblowing disclosure under Article 9 (3) of the Act, it shall forward such whistleblowing disclosure along with evidential data, etc. submitted by the whistleblower: Provided, That in cases falling under any of the subparagraphs of Article 9 (3), the Commission shall not forward the relevant data. |
[This Article Wholly Amended on Oct. 19, 2021]
| Article 11 (Handling of Whistleblowing Disclosures by Inspection Agencies) |
| (1) | Where an inspection agency, etc. to which a whistleblowing disclosure is referred or forwarded pursuant to Article 9 (3) of the Act deems that it is appropriate for another inspection agency, etc. to handle the whistleblowing disclosure, it may refer or forward the whistleblowing disclosure to another inspection agency, etc. in consultation with the Commission. <Amended on Oct. 19, 2021> |
| (2) | An inspection agency, etc. to which the Commission refers or forwards a whistleblowing disclosure under Article 9 (3) of the Act or to which another inspection agency, etc. refers or forwards a whistleblowing disclosure under paragraph (1) shall notify the Commission of the outcome of inspection or investigation within 10 days after the conclusion of inspection or investigation. <Amended on Oct. 19, 2021> |
| (3) | Notification under paragraph (1) shall be given in writing, including the following: <Amended on Oct. 19, 2021> |
| 1. | Results of, particulars about, and reasons for handling whistleblowing disclosures, such as a criminal punishment and administrative measures; |
| 2. | Direction for handling whistleblowing disclosures after the conclusion of inspection or investigation; |
| 4. | Where it is deemed necessary to improve the system in relation to whistleblowing disclosures, the outline thereof; |
| 5. | Other matters the Commission or a whistleblower has to know in relation to whistleblowing disclosures. |
| (4) | The Commission may request an inspection agency, etc. to provide data concerning the current status of the handling of whistleblowing disclosures referred or forwarded to the inspection agency, etc. under Article 9 (3) of the Act. In such cases, the inspection agency, etc. shall notify the Commission of the current status of handling unless there is a compelling reason not to do so. <Amended on Oct. 19, 2021> |
[Title Amended on Oct. 19, 2021]
| Article 11-2 (Presentation of Opinions) |
Where the Commission presents its opinion pursuant to Article 9 (6) of the Act, it shall present its opinion in writing, specifying matters concerning the details of the opinion, the deadline for replying to the results of the handling of its opinion presented, etc. <Amended on Oct. 19, 2021> [This Article Newly Inserted on Jan. 22, 2016]
| Article 11-3 (Filing Objections and Requesting Reinspection or Reinvestigation) |
| (1) | Where a whistleblower intends to file an objection pursuant to Article 9 (7), he or she shall file an objection in writing, stating the purpose of and reasons for filing an objection, along with related data within seven days from the date he or she is notified of the summary of inspection or investigation results. <Amended on Oct. 19, 2021> |
| (2) | Where the Commission requests an inspection agency, etc. to conduct a reinspection or reinvestigation pursuant to Article 9 (8) of the Act, it shall make such request within the period based on the following classification: <Amended on Oct. 19, 2021> |
| 1. | Where it deems that the inspection or an investigation by the inspection agency, etc. is not satisfactory: 60 days from the date it is notified of the results of the inspection or investigation; |
| 2. | Where it deems that an objection under Article 9 (7) of the Act filed by a whistleblower is reasonable: 60 days from the date it receives such objection. |
| (3) | The Commission shall notify a whistleblower of the results of the handling of an objection filed, such as whether it has requested an inspection agency, etc. to conduct a reinspection or a reinvestigation pursuant to paragraph (2) 2 within 60 days from the date it receives an objection under paragraph (1). |
[This Article Newly Inserted on Jan. 22, 2016]
| Article 11-4 (Guidance on Protection and Support) |
| (1) | Persons subject to guidance on protection and support under Article 9-2 (1) of the Act shall be whistleblowers, etc.: Provided, That for matters prescribed in Article 9-2 (1) 2 and 8 of the Act, relatives or cohabitants of whistleblowers, etc. shall be included in persons subject to guidance. <Amended on Oct. 19, 2021> |
| (2) | The Commission shall inform a person subject to guidance under paragraph (1) of the matters specified in the subparagraphs of Article 9-2 (1) of the Act, in any of the following cases: <Amended on Oct. 19, 2021> |
| 2. | Where it gives notification that a whistleblowing disclosure is referred or forwarded to an inspection agency, etc. under Article 9 (3) of the Act; |
| 3. | Where it gives notification of the summary of the results of inspection or investigation by an inspection agency, etc. pursuant to Article 9 (6) of the Act or the summary of the results of reinspection or reinvestigation by an inspection agency, etc. pursuant to the latter part of paragraph (9) of that Article; |
| 4. | Where it demands a person who has made a request for measures for reinstatement or other necessary measures under Article 17 (1) of the Act (hereinafter referred to as "protective measures") to submit related data pursuant to Article 19 (2) 1, or to attend a meeting of the Commission and hear his or her statements or to submit a written statement under paragraph (3) of that Article. |
| (3) | Deleted. <Oct. 19, 2021> |
| (4) | Where the Commission provides information under paragraphs (2), it shall provide information in writing (including an electronic document): Provided, That where a person subject to guidance gives his or her consent, it may provide information verbally or by phone. <Amended on Oct. 19, 2021> |
[This Article Newly Inserted on Oct. 17, 2017]
| Article 12 (Cases Where Inspection Is Not Needed) |
| 1. | Where the details of a whistleblowing disclosure are not related to acts detrimental to the public interest; |
| 2. | Where there is no evidence that may prove acts detrimental to the public interest; |
| 3. | Where it provides that the relevant acts detrimental to the public interest may not be inspected pursuant to other statutes and regulations or the delegation therefrom. |
| Article 12-2 (Construction and Operation of Integrated Information System for Whistleblowing Disclosures) |
| (1) | Where the Commission requests institutions under the subparagraphs of Article 6 of the Act to provide data or information pursuant to Article 10-2 (2) of the Act, it shall specifically specify the scope of, the purpose of possessing or using, and the method of providing such data or information. |
| (2) | Where it is necessary to complement data or information provided by institutions under the subparagraphs of Article 6 of the Act, the Commission may request the heads of institutions that have provided data or information to complement such data or information. |
[This Article Newly Inserted on Jan. 22, 2016]
CHAPTER III PROTECTION OF WHISTLEBLOWERS
| Article 13 (Confidentiality of Identity of Whistleblowers) |
A representative, etc., the Commission, an inspection agency, etc. and a member of the National Assembly, etc. shall prepare necessary measures to ensure that the identity of a whistleblower, etc. will not be revealed without his or her consent in the course of the receipt, referral, sending, inspection, investigation, etc. of the whistleblowing disclosure.
| Article 14 (Personal Protective Measures) |
| (1) | Any person who requests the Commission to take measures necessary for personal protection (hereinafter referred to as "personal protective measures") pursuant to the former part of Article 13 (1) of the Act shall submit to the Commission documents stating personal information on the person who requests personal protective measures and a person who needs personal protection (hereinafter after referred to as "person subject to protection"), reasons for request, etc.: Provided, That where there are emergency reasons, he or she may make a request verbally or by phone, and in such cases, he or she shall submit the documents without delay. |
| (2) | Where there is no time to wait for a decision by the Commission because it is urgently necessary to take personal protective measures for a person subject to protection, the Chairperson of the Commission may request the head of a police agency to take personal protective measures. |
| (4) | Where the head of a police agency deems it unnecessary to take personal protective measures, he or she may terminate personal protective measures under paragraph (3) in consultation with the Commission. |
| (5) | The Commission shall without delay notify the person who has requested personal protective measures and the person subject to protection, of the decision of personal protective measures under paragraph (3), the fact that personal protective measures under paragraph (4) have been terminated, and the fact that the period of personal protective measures has expired. |
| Article 15 (Application for and Inspection of Protective Measures) |
| (1) | Where a whistleblower, etc. make a request for protective measures under Article 17 (1) of the Act, the whistleblower, etc. shall submit to the Commission documents stating personal information on the applicant, the reasons for and the details of such request, etc. <Amended on Oct. 19, 2021> |
| (2) | Where the Commission requests persons falling under Article 19 (2) 1 through 3 of the Act to attend pursuant to Article 19 (3) of the Act, it shall notify them in writing, stating the date, time, place, etc. of attendance no later than seven days prior to the date of attendance: Provided, That in emergency cases or where prior notification is likely to undermine the purpose of inspection, it need not give prior notification in writing. |
| (3) | Deleted. <Apr. 30, 2018> |
| Article 16 (Decision to Take Protective Measures) |
| (1) | Where the Commission receives an request for protective measures pursuant to Article 17 (1) of the Act, it shall make a decision to take protective measures under Article 20 (1) of the Act and make a recommendation to take protective measures (hereinafter referred to as "decision, etc. to take protective measures") under paragraph (2) of the aforesaid Article within 60 days from the date of receiving such request: Provided, That where it is necessary, it may extend the period by up to 30 days. |
| (2) | The Commission may recommend the head, etc. of an institution, to which a person who has given disadvantageous measures to a whistleblower, etc. belongs, to take necessary measures, such as the direction, supervision, etc. over him or her, to ensure that protective measures may be taken for the whistleblower, etc. who has been given disadvantageous measures in accordance with a decision, etc. to take protective measures. |
| (3) | Where there are special circumstances under which it is deemed difficult to take protective measures based on a decision, etc. to take protective measures, the Commission may recommend the head, etc. of an institution to which a whistleblower, etc. belongs to take measures corresponding to protective measures, such as transfer to any other office. |
| (4) | The Commission shall notify a recommendation under paragraph (2) or (3) to a person who has made a request for protective measures. |
| Article 17 (Criteria for Paying Wages in Arrears) |
| (2) | The period of calculation of wages and interest under paragraph (1) shall be the period from the date wages are paid differentially or unpaid to the date the Commission makes a decision under Article 20 (1) of the Act. |
| (3) | Where it is necessary to confirm wages, etc. under paragraph (1), the Commission may request related institutions, organizations or enterprises to submit related data pursuant to Article 19 (2) of the Act. |
| Article 17-2 (Verification of Compliance with Decision to Take Protective Measures) |
Pursuant to Article 20 (5) of the Act, the Commission shall verify and confirm whether protective measures have actually been taken by a person who took disadvantageous measures (including the institution, organization, enterprise, etc. to which a person who took disadvantageous measures belongs) and for a person who has made a request for protective measures and whether any additional disadvantageous measures have been taken against the relevant person, every six months for two years since the relevant decision to take protective measures was made. [This Article Newly Inserted on Apr. 30, 2018]
[Previous Article 17-2 moved to Article 17-3 <Apr. 30, 2018>]
| Article 17-3 (Criteria for Imposing Charges for Compelling Compliance) |
The criteria for imposing charges for compelling compliance under Article 21-2 (1) of the Act (including where the aforesaid paragraph is applied mutatis mutandis in Article 20-2 (2)) shall be as specified in attached Table 1-2. [This Article Newly Inserted on Jan. 22, 2016]
[Moved from Article 17-2 <Apr. 30, 2018>]
| Article 18 (Prohibition of Disadvantageous Measures) |
| (1) | Where a whistleblower, etc. make a request for prohibition of disadvantageous measures under Article 22 (1) of the Act, he or she shall submit to the Commission documents stating personal information on the applicant, the reasons for and the details of such request, etc. |
| (2) | Where the Commission receives a request for prohibition of disadvantageous measures under paragraph (1), it shall make a decision under Article 22 (4) of the Act within 60 days from the date of receiving such request: Provided, That, if necessary, it may extend the period by up to 30 days. |
| (3) | Where the Commission recommends an organization to prohibit disadvantageous measures pursuant to paragraph (2), it may recommend the head, etc. of an institution, to which a person who intends to give disadvantageous measures belongs, to take necessary measures, such as the direction, supervision, etc. over the person who intends to give disadvantageous measures, in order to implement its recommendation. In such cases, the Commission shall notify such recommendation to a person who has made a request for prohibition of disadvantageous measures. |
| Article 19 (Notification of Results of Measures Taken) |
Any person who has received a decision to take protective measures under Article 20 (1) of the Act, a recommendation under paragraph (2) of the aforesaid Article, a request for disciplinary action under paragraph (4) of the aforesaid Act, or a recommendation to prohibit disadvantageous measures under Article 22 (4) of the Act shall notify the Commission of the results of measures taken or reasons why he or she has failed to take measures within 30 days from the date he or she is requested or recommended.
| Article 20 (Request for Cooperation) |
The Commission may request related administrative agencies, counseling centers, medical institutions, and other related organizations to provide the following cooperation and support pursuant to Article 25 (1) of the Act: <Amended on Oct. 19, 2021> | 1. | Submission of data, documents, etc. or explanations; |
| 2. | Attendance and the presentation of opinions; |
| 3. | Dispatch of their employees, joint inspection and provision of advice and suggestions; |
| 4. | Medical support for the counseling for psychological stability, the treatment of disease, and the health management of whistleblowers, etc.; |
| 5. | Legal aid for damage recovery and relief of rights, such as legal counseling or advice and filing litigation for others; |
| 6. | Support for employment of whistleblowers, etc.; |
| 7. | Other matters necessary to protect whistleblowers, etc. |
| Article 20-2 (Filing Objections against Instructions to Participate in Political Campaigns) |
| (1) | Where a state public official, etc. is instructed to do an act falling under any of the subparagraphs of Article 25-2 (1) of the Act (hereafter in this Article referred to as "political campaign, etc.") pursuant to the aforesaid paragraph, he or she may file an objection with any of the following persons: |
| 1. | A person who has instructed him or her to participate in a political campaign, etc.; |
| 2. | The head of an agency to which the person under subparagraph 1 belongs. |
| (2) | An objection under paragraph (1) shall be filed in writing (including an electronic document; hereinafter the same shall apply): Provided, That in emergency cases or where there are extenuating circumstances, a person may first file an objection orally and submit an objection in writing later on. |
| (3) | The following shall be specifically mentioned in documents under paragraph (2): |
| 1. | Personal information, such as the name, post, position of a person who has raised an objection; |
| 2. | Personal information, such as the name, post, position of a person who has instructed a state public official, etc. to participate in a political campaign, etc.; |
| 3. | Date and time when and place where a person has given instructions to participate in a political campaign, etc.; |
| 4. | Details of instructions to participate in a political campaign, etc.; |
| 5. | Purpose of and reasons for raising an objection. |
| (4) | Where the person with whom an objection is filed pursuant to paragraph (1) deems an objection filed reasonable, he or she shall immediately take corrective actions according to the details of the objection filed and notify in writing the person who has filed such objection of corrective actions taken; and where he or she deems the objection filed unreasonable, he or she shall specifically notify the person who has filed the objection of such fact and the reasons therefor in writing. |
[This Article Newly Inserted on Apr. 8, 2014]
CHAPTER IV MONETARY REWARDS, MONETARY AWARDS AND RELIEF FUNDS
| Article 21 (Grounds for Paying Monetary Rewards) |
"Dispositions or decisions prescribed by Presidential Decree" in Article 26 (1) 5 of the Act means any of the following dispositions or decisions: <Amended on Oct. 19, 2021> | 1. | Imposition of national tax or local tax; |
| 2. | Dispositions, such as imposition of monetary burdens and additional charges; |
| 3. | Decisions on compensation for damages, restitution of unjust enrichment, etc.; |
| 4. | Retrieval by means of compensation for damages, restitution of unjust enrichment, etc. |
[Title Amended on Oct. 19, 2021]
| Article 22 (Standards for Computing Monetary Rewards) |
| (1) | The standards for computing monetary rewards shall be as specified in attached Table 2: Provided, That the Commission may reduce the amount of monetary rewards to be paid or need not pay monetary rewards in consideration of the following reasons and where a public official who is or was engaged in the inspection or investigation of acts detrimental to the public interest has made a whistleblowing disclosure in relation to matters concerning the inspection or investigation, the Commission shall not pay monetary rewards: <Amended on Jan. 22, 2016> |
| 1. | Accuracy of the details of the whistleblowing disclosure and credibility of evidential data; |
| 2. | Whether acts detrimental to the public interest reported have already been disclosed by the media, such as newspapers and broadcasting; |
| 3. | Whether an insider whistleblower has committed an illegal act related to the whistleblowing disclosure; |
| 4. | Level of contribution made by an insider whistleblower to the elimination, prevention, etc. of acts detrimental to the public interest; |
| 5. | Whether an insider whistleblower has an obligation to report to a related administrative agency, etc. or has made a whistleblowing disclosure in relation to his or her duties. |
| (2) | The payment limit of monetary rewards shall be three billion won, and monetary rewards computed less than thousand won shall not be paid. <Amended on Jan. 22, 2016; Apr. 30, 2018> |
| (3) | Where monetary rewards computed due to an individual act detrimental to the public interest is not more than 200,000 won, the amount thereof shall not be paid. <Amended on Sep. 2, 2014> |
| (4) | The Chairperson shall determine and publicly notify the detailed standards, methods, procedures, etc. for paying monetary rewards through a resolution adopted by the Commission. <Newly Inserted on Sep. 2, 2014> |
| Article 23 (Decision to Pay Monetary Rewards) |
| (2) | Where the Commission decides to pay monetary rewards pursuant to paragraph (1), in which case the recovery or increase of revenue has not commenced yet after legal relations, bringing the direct recovery or increase of revenue to the State or a local government, are finalized at the time it decides to pay monetary rewards or the amount of revenue recovered or increased is less than 50/100 of monetary rewards computed pursuant to Article 22 (1), it may decide to first pay monetary rewards within 50/100 and to pay the remainder where the amount of recovery or increase of revenue of the State or a local government exceeds monetary rewards already paid. |
| Article 24 (Determination of Monetary Rewards When Applications for Compensation Are Competing) |
| (1) | Where at least two persons make whistleblowing disclosures on the same act detrimental to the public interest, respectively, such whistleblowing disclosures shall be deemed one whistleblowing disclosure when the value subject to monetary rewards under attached Table 2 is computed. |
| (2) | In cases of whistleblowing disclosures under paragraph (1), the Commission shall allocate the amount of monetary rewards to each insider whistleblower by comprehensively taking into account the levels, etc. of contributions to the elimination and prevention of the act detrimental to the public interest, when it determines the amount of monetary rewards for each insider whistleblower. In such cases, when the proviso of Article 22 (1) is applied, the Commission shall determine monetary rewards in consideration of reasons given by each insider whistleblower. <Amended on Jan. 22, 2016> |
| Article 25 (Timing for Paying Monetary Rewards) |
Monetary rewards shall be paid after the direct recovery or increase of revenue is brought to the State or a local government in accordance with procedures for imposition, etc. falling under any of the subparagraphs of Article 26 (1) of the Act or after legal relations relating thereto is finalized. In such cases, where the period of filing an objection to the imposition thereof, etc. has not expired or the remedial procedures for disobedience are in progress, monetary rewards shall be paid after the period expires and the procedures are completed.
| Article 25-2 (Grounds for Paying Monetary Awards) |
| 1. | Where an administrative fine, a penalty surcharge, a charge, or an additional charge has been imposed; |
| 2. | Where a whistleblowing disclosure has contributed to the prevention of a social disaster and the prevention of the spread thereof. |
[This Article Newly Inserted on Jan. 22, 2016]
| Article 25-3 (Criteria for Paying Monetary Awards) |
| (1) | The Commission shall differentially pay a monetary award (hereinafter referred to as "monetary award") under Article 26-2 (1) of the Act in consideration of the following. In such cases, the payment limit shall be 200 million won: <Amended on Oct. 19, 2021> |
| 1. | Article 26-2 (1) 1 of the Act: Whether the suspension of prosecution, or the suspension of the sentence or execution of punishment was granted, the kind and severity of punishment; |
| 2. | Article 26-2 (1) 2 of the Act: Details of administrative measures, the number of persons issued with administrative measures, or the period of administrative measures; |
| 3. | Article 26-2 (1) 3 of the Act: Details of the improvement of the system, such as the enactment or amendment of statutes and regulations, the level of contribution thereto, or the level of promoting the public interest; |
| 4. | Subparagraph 1 of Article 25-2: Amount of an administrative fine, a penalty surcharge, charge, or an additional charge imposed; |
| 5. | Subparagraph 2 of Article 25-2: Details of the prevention of a social disaster, the prevention of the spread thereof, etc., or the level of promoting the public interest. |
| (2) | The Commission may reduce the amount of a monetary award paid or need not pay a monetary award in consideration of the following reasons, and where a person who is or was engaged in the inspection or investigation of acts detrimental to the public interest makes a whistleblowing disclosure in relation to matters concerning the inspection or investigation thereof, the Commission shall not pay the monetary award: |
| 1. | Accuracy of the details of the whistleblowing disclosure and credibility of evidential data; |
| 2. | Whether acts detrimental to the public interest reported have already been disclosed by the media, such as newspapers, broadcasting, etc.; |
| 3. | Whether a whistleblower has committed an illegal act related to the whistleblowing disclosure; |
| 4. | Level of contribution made by a whistleblower to the elimination, prevention, etc. of acts detrimental to the public interest; |
| 5. | Whether a whistleblower has an obligation to report to a related administrative agency, etc. or has made a whistleblowing disclosure in relation to his or her duties. |
| (3) | The Commission shall select a person eligible for payment of a monetary award, from among persons who have brought remarkable capital gains to the State or a local government, prevented losses, or promoted the public interest on the grounds falling under any of the subparagraphs of Article 26-2 (1) of the Act due to a whistleblowing disclosure, etc. under the aforesaid paragraph, through recommendations from a person or institution falling under subparagraphs 1 through 3 of Article 6 of the Act and Article 5, or ex officio. |
| (4) | Where the Commission selects a person eligible for payment of a monetary award pursuant to paragraph (3), it shall decide whether to pay a monetary award and the amount of the monetary award to be paid based on the deliberation and decision by the Reward Deliberative Committee; and where it decides to pay the monetary award, it shall send the authentic copy of a written decision and a decision notice to the person eligible for payment of the monetary award without delay. |
| (5) | Matters necessary for the detailed standards, procedures, etc. for payment of a monetary award shall be prescribed by the Commission. |
[This Article Newly Inserted on Jan. 22, 2016]
| Article 26 (Standards for Computing Relief Funds) |
| (1) | Where the Reward Deliberative Committee or the Commission computes relief funds under the subparagraphs of Article 27 (1) of the Act pursuant to the main clause or proviso of paragraph (2) of the same Article, it shall consider the following: <Amended on Apr. 30, 2018; Oct. 19, 2021> |
| 1. | Expenses incurred in medical examination, hospitalization, medication, operation, etc. for physical or mental treatment; |
| 2. | Expenses actually incurred in moving due to job change, secondment, personal protection, etc.; |
| 3. | A fee for an attorney-at-law, certified labor attorney, etc. appointed for a lawsuit related to a whistleblowing disclosure, etc.; |
| 4. | Average monthly amount of wages or actual income for three months (hereinafter referred to as "average monthly amount") before disadvantageous measures are taken: Provided, That where the average monthly amount cannot be proved or is less than the average wage, the average wage; |
| 5. | Amount deemed lost or spent by the Reward Deliberative Committee due to a whistleblowing disclosure, etc. |
| (2) | No average monthly amount shall exceed double the average wage, and the period of computing the amount of wage loss under Article 27 (1) 4 of the Act shall not exceed 36 months. |
| (3) | The average wage under the proviso of paragraph (1) 4 shall be in accordance with the daily wage of general workers surveyed by a reliable wage survey institution which regularly publishes wage statistics every year. <Amended on Oct. 19, 2021> |
| (4) | The proviso of Article 22 (1) shall apply mutatis mutandis to a reduction of the amount of relief funds or the non-payment of relief funds. <Newly Inserted on Sep. 2, 2014> |
| Article 27 (Decision to Pay Relief Funds) |
| (1) | The Commission shall decide whether to pay relief funds and the amount of relief funds based on the deliberation and decision by the Reward Deliberative Committee: Provided, That in cases of relief funds under the proviso of Article 27 (2) of the Act, the Commission shall preferentially pay relief funds, and then the Reward Deliberative Committee shall deliberate and decide on whether to pay relief funds and the appropriateness of the amount of relief funds. <Amended on Apr. 30, 2018> |
| (2) | The Commission shall decide whether to pay relief funds and the amount of relief funds within 90 days from the date an application for payment of relief funds under Article 27 (1) of the Act is filed, unless there is a compelling reason not to do so. |
| (3) | Where the Commission pays relief funds pursuant to the main clause or proviso of Article 27 (2) of the Act (including where the Commission preferentially pays relief funds pursuant to the proviso of the same paragraph, and then whether to pay relief funds or the amount of relief funds is changed according to deliberation and decision by the Reward Deliberative Committee), it shall send an authentic copy of the relevant written decision and a decision notice to the applicant for payment of relief funds without delay. <Newly Inserted on Apr. 30, 2018> |
| Article 27-2 (Procedures for Subrogating Right to Claim for Damages) |
Where the Commission pays relief funds to a whistleblower, etc., his or her relative or cohabitant, it shall promptly decide whether to exercise the right of indemnity by subrogating the right to claim for damages under Article 27 (5) of the Act. [This Article Newly Inserted on Sep. 2, 2014]
| Article 28 (Construction and Operation of Information System) |
| (1) | The Commission may construct and operate the information system for the prohibition, etc. of duplicate payments of monetary rewards and relief funds under Article 28 of the Act. |
| (2) | The Commission may request administrative agencies, etc. to provide information concerning the payment, etc. of monetary rewards, monetary awards, and relief funds for constructing and operating the information system under paragraph (1). |
| (3) | The Commission may develop and supply a standard program to ensure that administrative agencies, etc. may use the information system under paragraph (1). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 29 (Management of Personally Identifiable Information) |
| (2) | Where it is inevitable to conduct the following affairs, the Commission may manage data including resident registration numbers, etc.: <Amended on Jan. 22, 2016; Oct. 16, 2018> |
| (3) | Where it is inevitable to conduct affairs concerning the handling, etc. of a whistleblowing disclosure under Article 10 of the Act, an inspection agency to which the whistleblowing disclosure has been referred pursuant to Article 9 of the Act may process data including resident registration numbers, etc. |
[This Article Wholly Amended on Apr. 8, 2014]
| Article 30 (Imposition and Collection of Administrative Fines) |
ADDENDUM <Presidential Decree No. 23198, Sep. 30, 2011>
This Decree shall enter into force on September 30, 2011: Provided, That subparagraph 74 of attached Table 1 shall enter into force on April 29, 2012, and subparagraph 144 of the aforesaid attached Table shall enter into force on March 9, 2012.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23964, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23965, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24097, Sep. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2012.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25300, Apr. 8, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25522, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25586, Sep. 2, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reduction of Amount of Relief Funds or Non-Payment of Relief Funds)
The amended provisions of Article 26 (4) shall apply, beginning with the first application for the payment of relief funds filed after this Decree enters into force. Article 3 (Transitional Measures concerning Payment of Monetary Rewards)
Notwithstanding the amended provisions of Article 22 (3), the previous provisions shall apply to the payment of monetary rewards related to a public interest report to a person who has made the relevant public interest report before this Decree enters into force.
ADDENDA <Presidential Decree No. 26934, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Article 2 (Transitional Measures concerning Payment Limit of Monetary Rewards)
Notwithstanding the amended provisions of Article 22 (2), the previous provisions shall apply to the payment limit of monetary rewards related to a public interest report to a person who has made the relevant public interest report before this Decree enters into force.
ADDENDUM <Presidential Decree No. 28393, Oct. 17, 2017>
This Decree shall enter into force on October 19, 2017.
ADDENDA <Presidential Decree No. 28849, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Article 2 (Applicability to Payment Limit of Monetary Rewards)
The amended provisions of Article 22 (2) shall apply, beginning with a public interest report filed after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29239, Oct. 16, 2018>
This Decree shall enter into force on October 18, 2018.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 32078, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
Article 2 (Applicability to Grounds for Paying Monetary Rewards)
The amended provisions of subparagraph 4 of Article 21 shall begin to apply where requests for paying monetary rewards are made due to whistleblowing disclosures on or after the date this Decree enters into force. Article 3 (Applicability to Grounds for Paying Monetary Awards)
The amended provisions of subparagraph 1 of Article 25-2 shall also apply where monetary awards are paid or recommendations for granting awards are made on or after the date this Decree enters into force due to whistleblowing disclosures, etc. made before this Decree enters into force.