ACRC Implementing the Anti-Corruption Act Revised to Strengthen Protection and Reward for Corruption Reporters from July 5

 - Proxy reporting system that allows an anonymous reporting through an attorney newly established

- The extent of mitigation of culpability of a reporting person and payment of relief funds expanded

- Giving a public official dismissed for corruption prior notice of the system of restrictions on employment mandated

(5 July 2022, ACRC)

From now on, filing a non-real name proxy corruption report through an attorney with the Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Jeon Hyun-Heui) will be possible, and the extent of mitigation of culpability of, and payment of relief funds for, a corruption reporting person will be expanded.

ACRC announced that the Act on the Prevention of Corruption and the Establishment and management of Anti-Corruption and Civil Rights Commission (“Anti-Corruption Act”) which was amended to reinforce the protection and reward for corruption reporters starts to be enforced from July 5.

The amended law allows corruption reporters to file a report with the Commission through an attorney using the attorney’s name without disclosing his/her personal identity.

Through this, a condition for people to file a corruption report feeling safe has been established. Before the revision, people could report an act of infringement of public interest and violation of the Improper Solicitation and Graft Act anonymously through an attorney representing him/her.

Under the revised Act, where a criminal act of a corruption reporter is found in connection with reporting, not only the criminal/disciplinary punishment but alsothe administrative measure against such reporting person may be mitigated or remitted and the Commission can request the institution concerned to mitigate or remit his/her culpability.

Along with this, currently, relief funds are provided to corruption reporters onlywith respect to the litigation cost incurred in relation to the reinstatement of the relevant disadvantageous measures due to corruption reports, such as discharge or disciplinary actions, but from now on, relief funds* will be also provided with regard to all types of litigation costs incurred due to reports, including libel or false accusation.

*Funds paid to a reporting person in compensation for losses or expenses incurred in filing litigation, transference, dispatched service, physical or mental treatment, wage, etc.

In addition, the Anti-Corruption Act was revised to make it mandatory for the public institution to which a public official dismissed for committing an act of corruption belongs to explain the public official in advance that he/she is restricted from being reemployed. The purpose of this revision is to prevent a public official dismissed for corruption from being rehired by a public institution subject to restriction on employment of a person dismissed for corruption without knowing the fact he/she is restricted.

Restrictions on employment of public officials dismissed for corruption refers to a system that prohibits any public official who mandatorily retires or is dismissed or discharged from office for committing an act of corruption in connection with his/her duties while in office; or a former public official who is sentenced by a court to a fine of three million won or severer punishment for corruption in connection with his/her duties while in office from being employed in public institutions or for-profit private enterprises, etc. which has close relations with the business affairs of the department or institution to which he/she belonged for not less than five years before he/she retires.

Kim Ki-sun, the ACRC Director General for Inspection & Protection Bureau said, “As the revised Anti-Corruption Act has come into force, the protection and reward system for reporters, including protection of corruption reporters’ confidentiality, mitigation of culpability and payment of relief funds, is now more strengthened,” adding that “ACRC will continue to actively manage the protection and reward system for reporters to feel safe in reporting corruption.”