기업 규제 관점에서 본 내부고발자(Whistleblower) 보호의 필요성 및 방안

Whistleblower, who discloses information about wrongdoing within an organization by one person to another party, has been played an important role for protection of public interests in public and private sector. We had been enacted ‘The Anti-Corruption & Civil Rights Commission (ACRC)’. This law aims at protecting public whistelblower, providing proper mechanism for guaranteeing the people's basic human rights, and eventually contributing establishment of stability, transparency, and fairness of society. And then We have been enacted ‘Act on Protection of public interest Reporters’ which is for protecting whistle-blowers who whistleblowing breaching act of public interest occurring in private sectors. The purpose of this act is to contribute to the stabilization of the livelihood of citizens and the establishment of transparent and clean social climate by protecting and supporting those who have reported any conduct that is detrimental to public interest. The term of public interest reporter means a person who makes a public interest report which means to make a report of, make representations of, provide information about, make a complaint or bring a charge of the fact that any conduct detrimental to public interest to persons. It is necessary to protect the whistleblower who voluntarily provide the Corporation and the third party whit original information about a violation of the national laws that leads to the successful enforcement of a covered judicial or administrative action, or related action in order to activate the internal control system. In Japan, It is enacted Whistleblower Protection Act in 2004. The term “Whistleblowing” shall mean whistleblowing made by a worker. In the case a Reportable Fact is considered to have occurred, occur or be about to occur: First Whistleblowing to the said the Business Operator, etc. And this Act is linked to the internal control system. The whistleblower Protection Act in Japan is giving us a lot of suggestions.