공익제보자 보호제도의 현황과 앞으로의 과제 공익신고자보호법의 시행에 즈음하여 (A study on details of the Whistle-blower Protection Act and legislative direction for revision of it)

서지정보

· 발행기관 : 한국부패학회
· 수록지 정보 : 한국부패학회보 / 16권 / 13호 / 119 ~ 138페이지
· 저자명 : 조재현

초록

From 2011. 9. 30. the Whistle-blower Protection Act takes effect that the application of it is expanded to private sector on corruption whistle-blowers which were limited to public sector along with Anti-Corruption Law in 2001. It has been valued that the Whistle-blower Protection Act take a major step forward as compared with Anti-Corruption Law. Above all the concept of public interest was defined broadly in the Whistle-blower Protection Act and there is enumerated in detail of disadvantages and measures to protect for whistle-blowers from all kinds of disadvantages in it.
Nevertheless, I think that it has missed something and it is not satisfactory even though it has many desirable improvements compared to the past Anti-Corruption Law. It has a crucial legal and political limit in relation to the legal status and authority of the The Anti-Corruption & Civil Rights Commission(ACRC), the ACRC cannot interrogate the whistleblowed case directly. It should be discussed that it will be desirable to authorize the jurisdiction in the investigation to the ACRC. And it should be ensured that it have the enforcement power for the decision of ACRC to protect the whistle-blowers. In conclusion, we have to watch enforcement and effect of law. And then we have to prepare to carry on a discussion over the legislative direction for revision of it

영어초록

From 2011. 9. 30. the Whistle-blower Protection Act takes effect that the application of it is expanded to private sector on corruption whistle-blowers which were limited to public sector along with Anti-Corruption Law in 2001. It has been valued that the Whistle-blower Protection Act take a major step forward as compared with Anti-Corruption Law. Above all the concept of public interest was defined broadly in the Whistle-blower Protection Act and there is enumerated in detail of disadvantages and measures to protect for whistle-blowers from all kinds of disadvantages in it.
Nevertheless, I think that it has missed something and it is not satisfactory even though it has many desirable improvements compared to the past Anti-Corruption Law. It has a crucial legal and political limit in relation to the legal status and authority of the The Anti-Corruption & Civil Rights Commission(ACRC), the ACRC cannot interrogate the whistleblowed case directly. It should be discussed that it will be desirable to authorize the jurisdiction in the investigation to the ACRC. And it should be ensured that it have the enforcement power for the decision of ACRC to protect the whistle-blowers. In conclusion, we have to watch enforcement and effect of law. And then we have to prepare to carry on a discussion over the legislative direction for revision of it

참고자료

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