By Kim Dok-man
Let's assume that we find out about acts infringing on public interest such as the discharging of wastewater destroying the environment, the distribution of bad refrigerant gas risking an explosion, or unfair trade through oil price-fixing. Is there any safe way for us to report such acts?
If any employees see their executives illegally distributing fake sesame oil containing lubricant for industrial use or blood contaminated with AIDS and reveals it to the public, can they continue working for the company?
From this month, we can report such illegal and unethical acts that could cause potentially fatal damage to people's health and safety without future trouble as the powerful Act on the Protection of Public Interest Whistleblowers has gone into effect.
Under the act, the government pays a reward to whistleblowers and ensures not only their jobs and secrecy but also their security.
The law was enacted to ensure stability of people's living and establish a transparent and clean society by protecting and supporting whistleblowers who report public interest-damaging acts related to the people's health and safety, the environment, consumers' interests and fair competition.
It is regarded as a cooperative system using multilateral networks of the government, the private sector and enterprises since inspection authorities' unilateral crackdowns and detection have limits. As illegal acts such as discharging wastewater and addition of harmful substance have so far been carried out secretly, there were growing voices from all walks of life that a thorough legal protection system was necessary for whistleblowers’ revelations.
In fact, whistleblowers in the private sector have not been fully protected due to a lack of legislation, although civil servants reporting corruption in the public sector were already given protection. Now it is a relief that such a legal device is in place to protect both public and private sector whistleblowers.
The U.S. state of Michigan enacted the Whistleblowers Protection Act three years after a slew of casualties were reported owing to the distribution of medicines containing a cancer-causing substance in 1978. A public interest disclosure act is also being implemented in Britain, Japan, Ireland and Australia. Multinational enterprises like Johnson & Johnson operate the "Help Line" through which an employee can report the company's unethical acts.
Under the act, a whistleblower can report public interest-infringing acts to a relevant institution or an administrative agency, a supervisory body, an investigative agency or the Anti-Corruption & Civil Rights Commission. The objects for public interest disclosure include both the public and private sectors, including the central government, local authorities, public enterprises and private-run companies.
Civil servants taking bribes or squandering public assets by abusing their authority may face punishment according to the Anti-Corruption Act. And citizens infringing on the public interest could be subject to punishment under the Whistleblowers Protection Act.
The Anti-Corruption and Civil Rights Commission (ACRC), an institution to prevent corruption, has begun to operate a whistleblower report center to root out corruption and public interest-infringing acts at the end of September. As of Oct. 24, a total of 140 cases had been reported. The ACRC will pay a maximum amount of 1 billion won in reward to a whistleblower according to revenue increase in state or local government following an investigation.
To prevent anonymous letters aimed at slandering someone or mass production of malicious whistleblowers, the ACRC has made it obligatory for whistleblowers to report under their real name. It has included the whistleblower protection provision in the act to ensure their privacy and security.
If whistleblowers suffering from disadvantages apply for protection with the ACRC, the commission will make efforts for their security and take steps to prevent any “illegal punishment.” Violators of this rule may face imprisonment of up to three years or a maximum fine of 30 million won.
Considering an increase in such public interest-damaging acts as the manufacture and distribution of harmful foods and medicines, and illegal landfills or discharge of waste, the implementation of the system is expected to bear fruit from the autonomous prevention and management sides. I hope the act will greatly contribute to eradicating public interest-infringing acts in our society.
Kim Dok-man is spokesman of Anti-Corruption and Civil Rights Commission of Korea.