Supporting People who Speak Out

Korea – Standards – Followup – Investigation

Korea – Standards – Followup – Investigation

9. (1) The Commission, upon receipt of a public interest whistleblowing case, may confirm any information necessary to specify the case, such as personal details of the whistleblower, and the details and purport of the public interest whistleblowing.

(2) The Commission may request the public interest whistleblower to submit necessary material insofar as it is needed for ascertaining the truth of the matters specified in Paragraph 1.

(3) The Commission shall transfer a public interest whistleblowing case to a relevant examination agency or investigative agency immediately after completing confirmation pursuant to Paragraph 2, and shall notify the public interest whistleblower of the said fact.

(4) The examination agency or investigative agency, to which the public interest whistleblowing case was transferred as described in Paragraph

3, shall notify the Commission of the results of the examination or investigation after the examination or investigation is completed. Then, the Commission shall provide the public interest whistleblower with a summary of the examination or investigation results.

10. (1) The examination agency, either upon direct receipt of a public interest whistleblowing case or receipt of a public interest whistleblowing case transferred from the Commission, shall conduct necessary examination about the details thereof.

(2) The examination agency may avoid beginning or may stop the examination if the public interest whistleblowing case falls under any of the following Subparagraphs:

1. If the contents of the public interest whistleblowing case are clearly deemed to be false;

2. In the event that the personal information of the public interest whistleblower is not available;

3. In the event that the public interest whistleblower fails to supplement his/her written report or supporting materials within a preset period after receiving at least two requests to do so;

4. If a public interest whistleblower reports again, without any justifiable reason, a case for which he/she had already been notified of the processing result thereof;

5. In the event that the contents of the public interest whistleblowing case were publicized through the mass-media, etc., and that there was no new evidence other than the facts that had already been disclosed;

6. In the event that an examination into the violation of the public interest had already begun or had already been completed in accordance with some other Act(s) and subordinate statute(s);

7. In the event that there is no reason for examination as prescribed by Presidential Decree.

(3) In the event that an examination agency decides not to conduct an investigation under the provisions of Paragraph 2, or halts such an investigation, it shall notify the public interest whistleblower of the fact without delay.

(4) When an examination agency finishes an examination into a public interest whistleblowing case, it shall take all necessary measures depending on the investigation results and notify the public interest whistleblower of the results.

(5) Employees, etc. of institutions that received a public interest whistleblowing case under Article 6 shall not disclose the contents of the report, including personal information on the whistleblower, until an investigation into the case reveals that a violation of the public interest has occurred.

(6) In the event that an examination agency has received, either directly, or indirectly through transfer or referral, a public interest whistleblowing case outside its jurisdiction, it shall transfer the case to a competent examination agency and shall notify the public interest whistleblower of the fact thereof.

Referenced Legislation: Protection of Public Interest Whistleblowers Act (2011)

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