부패범죄 공익신고자 보호 및 보상에 관한 형사법적 제언

Abstract

Corruption, which is prevalent in Korean society, is having a significant negative impact on national competitiveness as well as on the happiness index of citizens. Although our society has made great efforts to eradicate such corruption, it is not easy to find tangible results indicating that corruption is decreasing in our society. This is because it is difficult to detect corruption crimes because they are done secretly among insiders. In addition, even if corruption crimes occur due to the culture of loyalty or paternalistic and closed organizational selfishness in Korean society, they try to hide it from within the organization. In order to overcome the secrecy and concealment of corruption crimes, this study intends to suggest ways to improve criminal law by examining the Public Interest Reporter Protection Act that protects and supports whistleblowers reporting corruption crimes within the organization and its problems. First, under the current law, there is a possibility that public interest reporters and collaborators may be subject to criminal punishment, disciplinary action, or administrative sanctions, so it is not possible to provide a realistic incentive to lead them to public interest reporting. This is because the current law selects a voluntary reduction or exemption, stating that “the punishment can be reduced or exempted” when criminal acts by the public interest reporter and collaborators are found in relation to public interest reporting. In order to move forward to a more active public interest report, it will need to be amended to reduce the sentence as necessary. Public interest whistleblowers and collaborators go out as witnesses in the investigation process or trial process. It is necessary to establish an explicit regulation to protect public interest reporters and collaborators who appear as witnesses in investigation or trial procedures, and it is necessary to establish a procedure for investigating evidence that can harmonize the protection of public interest whistleblowers, etc. and the guarantee of the defendant's right to cross-examination. Under the Public Interest Whistleblower Protection Act, personal protection measures can be applied only when serious harm to life or body has been suffered or is likely to be sustained. It is unclear what the obvious harm is, and there may be cases where there is a delay in proving it, resulting in serious harm. As in the Anti-Corruption Act, it should be changed to a case where there is a risk of serious harm to life or body. In addition, without delay, apply for personal protection measures to the Anti-Corruption and Civil Rights Commission, and immediately apply to the police agency, which is specialized in identity protection, so that they can receive protection measures promptly. In addition, the compensation system such as compensation, bounty, and relief money under the current law is not compensated enough for public interest whistleblowers to actively report to public interest because the amount is low in reality. should be raised significantly.