기업범죄와 내부고발에 관한 법정책적 고찰

In a modern society, corporate activities have been on the increase day by day. With the emergence of corporation human life becomes convenient and prosperous, but the risk caused by corporate crime is also increasing. Furthermore, the damage of corporate crime is to a great extent compared to street crime or property crime. Thus, it is very important to investigate corporate crime as rapidly as possible. However, it is difficult to expose corporate crime and collect the evidence of it. Corporate crime has been committed secretly and professionally. The Whistleblowing is being spotlighted as the means to help alleviate some of the difficulties in connection with the investigation of corporate crime. Corporate members who know the circumstances of the crime better than anyone can report the crime and provide information through the whistleblowing. Already in the United States and the United Kingdom was enacted the Whistleblower-Protection Act. For example, the U.S. SOX and DFA, the Public Interest Disclosure Act 1998 of UK are representative. These foreign laws show that the protection of whistleblowers of corporate crime is related to the public interest. The whistleblower of corporate crime in our country will be protected by the Whistleblower-Protection Act of 2011. But the current law is insufficient to protect the whistleblower who reports the corporate crime effectively. Therefore, the Whistleblower-Protection Act should be supplemented continuously in order to activate the whistleblowing of corporate crime.