공익신고의 개념에 관한 법적 검토

Whistleblower rewards have been introduced for several years in various laws and regulations, which have the intention to prevent the corruption of civil servants and the violation of the public interest. Korean National Assembly made ‘Act on the Protection of Public Interest Whistleblowers’(2011), which regulated the public interest whistleblowing in private sectors. The Assembly intended, by this Act, to protect the health and safety of the public, the environment, consumer interests and fair competition from violations and infringements very comprehensively. Despite the act, whistleblowers are few in Korea. So preceding researchers asserted that the Assembly should amend it, particularly enlarging objects of the whistleblowing and rewards and strengthening the competence of the authority. This study tried to get rid of ambiguity and uncertainty in interpreting ‘public interest whistleblowing’, the essential concept of the act. This interpretative study can help implementing the act more actively. Whistleblowers can be obliged to protect secrets about their business activities, and they could notify part of the fact falsely or conceal unfair intention. They can be punished criminally for a false return in exceptional cases. In this article, the author analysed which whistleblowing can be beneficial for public interest and which can be causes of rewards reduction or exemption.