Supporting People who Speak Out

Korea – Standards – Remedies – Relief

Korea – Standards – Remedies – Relief

16. In the event that the public interest whistleblower, etc. requests personnel action such as change of occupation, change of position, transfer out, transfer in, or temporary dispatch, then his/her employer or personnel authority shall give preferential consideration to the requests if deemed reasonable.

17. (1) When the public interest whistleblower, etc. is subjected to disadvantages measures as a result of his/her public interest whistleblowing, etc., (to include when the public interest whistleblowing was conducted after the whistleblower was subjected to disadvantages measures while preparing for the public interest whistleblowing by collecting evidence, etc.), the public interest whistleblower, etc. may request the Commission to take the necessary measures to recover his/her state of life or to invalidate discriminatory action against him/her(hereinafter referred to as “protective measures”).

(2) A request for protective measures shall be made within three months from the date the disadvantageous measures were taken (or the date when the disadvantageous measures ended if they remained in effect for a period). However, should the public interest whistleblower, etc. be unable to apply for protective measures within three months due to force majeure such as natural disasters, war, emergency or others, he/she may submit his/her request within 14 days from the date on which the cause thereof no longer exists (in cases where the request is made in a foreign country, the period shall be 30 days).

(3) In the event that some other Act(s) and subordinate statute(s) prescribe administrative remedies for disadvantageous measures implemented in retaliation for public interest whistleblowing, etc., the public interest whistleblower, etc. may request a remedy in accordance with the proceedings of the Act(s) and subordinate statutes. However, this provision shall not apply provided that the public interest whistleblower, etc. has already requested protective measures in accordance with Paragraph 1 of this Article.

27. (1) The public interest whistleblower, etc., his/her relatives, or his/her cohabitants may request the Commission to pay relief money in the event that they have faced damages that fall under any of the following Subparagraphs or spent money on the grounds of his/her public interest whistleblowing, etc.

1. Expenses spent for physical or psychological treatment;

2. Moving expenses caused by change of occupation, change of position, or transfer of workplace or secondment;

3. Expenses spent for litigation procedures to reinstate his/her original state of life;

4. Losses in wages during the period the disadvantageous measures were in effect;

5. Other significant economic losses (excluding Items h and i in Article 2, Subparagraph 6).

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