“Stronger protection such as litigation expenses should be provided to whistleblowers ”

2019 Third Meeting of Public-Private Council for Transparent Society was held to discuss measures to strengthen protection for public interest whistleblowers

October 14, 2019

Anti-Corruption and Civil Rights Commission

The Republic of Korea

The Anti-Corruption and Civil Rights Commission (ACRC) held the 2019 third meeting of Public-Private Council for Transparent Society (co-chaired by Chair of Government Reform Steering Committee, Kim Byeong-Seop and Chairperson of the ACRC, Pak Un Jong) on October 14 at the Korea Press Center. Participants of the meeting discussed ways to strengthen the protection of public interest whistleblowers such as expanding the provision of relief money and increasing agencies receiving proxy reports.

The Public-Private Council for Transparent Society (Council), established as part of government reform tasks, consists of representatives of various sectors of society such as the economic sector, civil society organizations, professional associations, the media, and the academia. The Council has discussed and presented anti-corruption and integrity policy directions and improvement measures since March this year.

At the meeting, the Council discussed ways to promote whistleblowing through stronger protection for public interest whistleblowers. First, the Council suggested that criteria of relief money for public interest whistleblowers should be expanded to include costs for litigations on disadvantages due to reporting and for other litigations related to reporting, and re-employment training fees.

Other suggested measures included expanding proxy report receiving agency, which is only the ACRC, to all public organizations, and expanding the scope of ‘acts of public interest violation’ to remove any gray area in public interest whistleblowing.

The Council also proposed ways to strengthen fairness and transparency in apartment pre-sale in lots system and to enhance fairness of recruitment of office employees of elementary and secondary private schools. Specific matters will be discussed at the next meeting.

Mr. Kim Byeong-Seop, Co-chair of the Council, said, “the Public-Private Council for Transparent Society participated by the representatives of various sectors of society will put focus on identifying agenda which the public can relate to and will publically discuss irregularities and malpractices in the society, thereby proposing the direction for policies which meet the public demand and expectation.

Public-Private Council for Transparent Society Proposal

Promotion of Whistleblowing through Stronger Protection for Public Interest Whistleblowers

Stressing the importance of nation-wide efforts to combat acts of public interest violation to provide strong protection for public interest whistleblowers and to raise public awareness on the positive roles of public interest whistleblowers;

Intending to build a clean society and secure stable life for citizens through stronger protection and support for public interest whistleblowers;

The Public-Private Consultative Council for Transparent Society suggests as follows:

1. Specific legal grounds for ‘acts of public interest violation’ subject to qualified public interest reporting shall be provided for, and according to which the scope of qualified public interest whistleblower reports shall be expanded, so as to remove any gray area in whistleblower protection;

2. The types of relief money for public interest whistleblowers shall be expanded to include attorney appointment fees, if necessary, re-employment training fees, and etc. The amount of relief money shall reflect the reality, and emergency relief money may be paid to whistleblowers who were found by a targeted management to suffer disadvantageous measures;

3. Not just the ACRC, all public agencies shall receive a proxy report by an attorney. Guidance on public interest whistleblower protection shall be developed and distributed to each public agency to strengthen organizational capacities to protect public interest whistleblowers;

4. Proxy reporting agencies which report public interest violation on behalf of whistleblowers shall be checked and monitored, and management system of such agencies shall be built, for example by distributing whistleblower protection guideline, so as to prevent any gray area in public interest whistleblower protection system.

5. Life cycle integrity education which includes whistleblower protection shall be made it mandatory. Private companies with a system of handling whistleblower reports and protecting whistleblowers shall get added points when bidding for public contracts so as to induce the private sector’s mindset towards whistle-blowing reports.

October 14, 2019

□ Background

Corruption is not a problem for the public sector only. It incurs social costs, posing a heavy burden not just on the government but also on citizens and the entire society.

For this reason, tackling corruption requires country-wide engagement of every corner of society, not government-led policy measures, since nation-wide engagement could push and drive the anti-corruption policies that directly relate to citizens’ lives and various sectors of society.

□ Makeup and functions

(Makeup) 30 representatives from the six areas of the public sector, the economic circle, civil society, the media, and the academia consist of the Council according to『Regulations on the Establishment and Operation of Public-Private Consultative Council for Transparent Society』(enacted on January 3, 2018 as Prime Minister Directive)

(Functions) The Council collects public opinion on anti-corruption policies, establishes, monitors, and assesses anti-corruption policies, and consults integrity campaigns.

□ Operational System

(Working-level committee) A working-level committee and sub-committees established under the Council, suggest and discuss anti-corruption agenda on a regular basis. 6 sub-committees are on General Operation, Politics and Administration, Economy, Education, and Fairness and Trust. The Council consists of 30 heads of organizations, Working-level committee, 30 manager-level officials, and sub-committees, less than 15 people.

(Meeting) The Council is represented by both the public and private sector, with both co-chaired by the public sector (Chairperson of the ACRC) and the private sector (elected among from the Council members), and the meeting will be presided over by the co-chair from the private sector side. Regular Meeting is held half a year, working-level meeting quarterly, sub-committee meeting bimonthly, and ad-hoc meeting when necessary.

(Operational Support) NGO & Business Cooperation Division of the ACRC will serve as a Secretariat.