Act on the Protection of Public Interest Whistleblowers (2011)

Regulation Summary

Timeline

29 March 2011 – Law enacted
30 September 2011 – Law entered into force (six months after promulgation)
Amended several times through 2017, expanding protections and enforcement

What Businesses Are Affected

All private and public organizations operating in South Korea
Includes corporations, institutions, contractors, and suppliers
Applies to internal and external whistleblowers including current and former employees, contractors, and others with work-related ties

Exemptions

None. The law applies universally to all sectors and work relationships involving public interest issues

Responsibilities for Businesses

Create conditions that support whistleblower protection — while the law does not mandate an internal reporting channel, businesses are strongly encouraged to provide one to support a safe reporting environment
Avoid disadvantageous measures such as dismissal, demotion, discrimination, or surveillance
Respond appropriately to requests for reinstatement or protective measures
Respect the confidentiality of whistleblowers
Avoid clauses in contracts or policies that restrict whistleblowing, as they are considered void

Specific Responsibilities for Website Owners

Publish an accessible whistleblowing policy that outlines internal and external reporting options
Provide access to a secure reporting channel, which may include email, submission forms, or third-party tools
Include a non-retaliation statement and summary of employee protections
Ensure the website or portal reflects employee rights and reporting procedures clearly, especially for internal whistleblowers

Additional Requirements

Employers must not include any contract terms that restrict whistleblowing, as such clauses are legally void
Businesses are encouraged to establish internal whistleblowing channels, even though they are not explicitly required by the law
Written policies and protections should be clearly communicated to employees
Companies should proactively foster a culture that supports whistleblowing and transparency

Individual Rights

File a report to internal management, the ACRC, inspection or investigative agencies
Maintain anonymity or request confidentiality
Request protective or remedial measures including reinstatement and compensation
Receive monetary rewards or relief funds where applicable

Enforcement

Enforcing Authority: Anti-Corruption and Civil Rights Commission (ACRC)
Regulatory Mechanism:
- Review of reports, inspections, referrals to investigative agencies
- Binding decisions on reinstatement or compensation
Penalties:
- Fines of up to 50 million KRW (approx. 37,000 USD) or imprisonment for retaliation or breach of confidentiality
- Employers may face additional penalties for non-compliance with protective measures