공익신고; 공익신고의 정당성; 공익신고 절차; 공익신고시스템; 공익신고자 보호; Whistleblowing; justness of Whistleblowing; procedure of Whistleblowing; system of whistleblowing; protection of Whstleblower
법학논총, 2013, 37(2), P.123-150
A Whistleblowing is one of the most effective ways to prevent or eradicate corruption. Provide insider information can play a decisive role for the detection and identification of incidents of corruption is not easy to disclose the structure of corruption within the organization externally, nor hardly noticeable. By activating a Whistleblowing, closed corruption within the organization structure can be converted into an open structure and, in this sense, the Whistleblowing is effective alternative to control corruption within the organization being evaluated. A Whistleblowing is to realize the individual conscience to reject the blind obedience of the organization in modern industrial society that is highly organized and specialized. By external notification the illegal activities of the organization from the perspective of outsiders can not know the internal, A Whistleblowing prevents corruption and improves the organization`s transparency and accountability. In the individual level, it is the expression of fundamental rights, such as in the freedom of expression, freedom of conscience, the right to know. Eventually to pursue the realization of public interest to protect the interests of the community members can contribute to the realization of social justice. And this can make the public reported the activation of reform by securing consensus-based national of the United New. Whistleblowing was enacted for the first time in “The anti-corruption law” of 2001 in Korea. In that law there are various kinds of Whistleblowing procedure and system as following ; dispose of a disadvantage to the complainant complainant`s identity security, personal protection, protection collaborators, arbitrary reduction of punishment, reward and compensation, prohibition of the internal regulations relating to the protection of whistleblower. And the current legal framework of protection for the public interest reporter has been maintained without major changes. Acts relating Whistleblowing in Korea, “The Act on the Anti-Corruption and Installation and Operation of Civil Rights Commission” and “The Protection of Whistleblower Act. The former is mainly in order to prevent corruption in the public sector including whistleblowing. The latter was established in March 2011, defined as the act of infringement of the public interest, such as to violate people`s health and safety, the environment, and the interests of consumers and fair competition, it is the main discipline to govern the conduct of whitleblowing on these acts. The significance of the Protection of Whistleblower Act is the most significant expansion of the private sector to have the target range of blowing. In this study, to verify the legitimacy of the legal and ethical of Whislteblowing, and then I would like to present status and challenges of whistleblowing such as the procedures and systems of whistleblowing, and the protection of the whistleblower in recent laws, and improve the ways.