Whistleblower Protection Act and Whistleblowers’ Action Guidelines: Whistleblower Protection Act

Whistleblowing is where an insider discloses wrongdoing within an organization, calling for rectification. Cases involving people like Lee Mun-Ok, Lee Ji-Mun, Park Dae-Gi, Hwang Ha-Il, Kim Pil-Uoo, Yun Seok-Yang, Han Jun-Su, and Park Sang-Jun eloquently assure that whistleblowing is one of the most powerful remedies to the corruption which is deeply entrenched in Korean society.

Had chief clerk Lee of Hwasung-gun, Kyunggi-do held on to his conscience, there would have been no “Sea-land devastation” which took away dozens of lives of young children. One blow of a whistle could have prevented the collapse of Sung-su bridge and Sam-pung department store.

Accordingly, ‘whistleblowers’ should justifiably be credited as the forerunners for the establishment of a transparent society. However, what is the reality like? These people, who’ve already gone through a hard time to make the right decision, are branded as a ‘betrayer’ and expelled from the community in retaliation.

Now we are in an era where every citizen, not only the state, is required to take the duty of rooting out corruption and resisting it. The state and its members have to work together to protect whistleblowers who took the initiative to uphold public interests despite all the possible disadvantages they may face.

Thus, we proclaim the following to the purpose of protecting whistleblowers.

1. Citizens shall not be given any retaliatory action by reason of telling the truth. Individuals shall not be given any disadvantage for testifying improper actions he or she witnessed.

2. Citizens shall not be given any unfair or discriminatory treatment by reason of refusing to take part in improper actions. Refusing to engage in wrongdoing and blowing the whistle of conscience is a major contribution to public interests. Individuals who took courage to eradicate corruption have every right to be protected.

3. Organization and related officials who take retaliatory actions against whistleblowers shall be severely punished by the state.

4. Whistleblowers shall be protected by the state through substantial rewards corresponding to their contribution to the public interests.

5. It is the obligation of every citizen who upholds the public good to guard whistleblowers against retaliation of the huge organization. Members of every segment in our society have to make vigorous efforts to protect whistleblowers from ‘prejudice’, ‘retaliation’ or any form of ‘disadvantage’ given by the organization.

6. Whistleblowers shall make every effort to protect themselves. Whistleblowers have to clearly understand the possible hardships they will face and try to take appropriate and effective countermeasures against them.
WhistleBlowers’ Action Guidelines

What to do when finding corruption within your organization

Principle 1. Discuss with your family members.

It is your family who suffers the most when you resist, disclose or complain about corrupt acts. Usually it takes a long time from the onset to the closure of the problem. Thus, you should discuss your decision with your families prior to taking action.

Principle 2. If your organization has an internal rectification procedure for improper actions, follow the process.

However, if you don’t take precautions, you may risk yourself being endangered by having your identity exposed and giving the organization a chance to conceal its wrongdoing. Also, be aware that when notified, authorities like The Board of Audit and Inspection, Civil Affairs Office at Cheongwadae, and audit and inspection offices at relevant administrative branches may transfer the information onto your organization.

Principle 3. Find out what other colleagues think about the problem.

Talk with other colleagues who resent improper actions in the organization. Ascertain your suspicion and make sure you are not misinformed. You need to be very careful so that the organization may not detect your movement. Still, like-minded colleagues help you a lot through the process.

Principle 4. Keep good relations with your colleagues.

Accounting clerks and staff in the general affairs section are usually familiar with the deep secrets of the organization. They can support you providing proofs of corrupt acts.

Branded as betrayer, whistleblowers may get estranged from colleagues. They are likely to be considered as a person with a problem, or dangerous to associate with, and ostracized as such. Also, in a bid to nullify the intent and effect of whistleblowing, the retaliatory organization tries to set an example of warning toward the other members. Hence, another reason for the need for good relationships with your colleagues.

Principle 5. Keep daily events on record.

Take note of every unfair and retaliatory treatment you have after whistleblowing. This will strengthen your position during inspection or trial. Even when you realize that you’re involved in corruption unknowingly, begin to keep a daily record from the moment.

Principle 6.Clarify your case.

Write down your points explicitly. Try to be clear and concise. The paper will convey information on you and your communication skills. Based on this document, the counselor will ask you several questions and may test your reliability.

Principle 7.Secure evidence to support your statement.

Once a problem is disclosed, the organization will have all the related documents scrapped. Gathered material and documents that prove your allegation is the most efficient instrument to persuade the relevant inspection and audit body and to steer the public opinion.

Principle 8.Examine relevant non-governmental organizations, press organizations, and committees in National Assembly to help you through the process.

Irrespective of their statutory rights, whistleblowers stand to win when they succeed in letting their situation known as widely as possible. The bottom line is to show what and how citizens will benefit from your disclosure.

Principle 9.Consult specialists in the area.

Consult lawyers or staff in non-profit watch groups and find out the kinds of retaliatory actions that can be taken against you. Check out what is the chance of defending yourself successfully, what it costs to protect your right, and the possible legal defects or limits of your evidence.

Principle 10.Be aware that legal disputes are likely to ensue.

It is a hasty assumption that whistleblowing is the end of the story. Influential lawyers will be appointed by the corrupt organization and they will wage a systematic counterattack through legal disputes. Get ready for this.