내부고발자 보호제도에 관한 연구

Abstract

In 2001, The Korean Whistleblower Protection Act that is called anti-corruption law was enacted, first time and then in 2011, by enaction of protection of accuser for public interest law, Whistleblower(inner accuser) Protection System was established completely in Korea. so, during about 10 years, Although Whistleblower Protection System has been taken root in Korea, it is not enough to protect whistleblowers actually, seeing many cases of whistleblowing, for example, corruption of naval military supply case in 2009, slush fund of Samsung case in 2007,etc. the Whistleblower Protection System is understood the best method to prevention corruption and other crime or illegal activity in organization like as government, corporation and so on, by ordinary watching system that is offered by inner structure itself. but this system has negative side effect like as, weakening of solidarity in organization and members, shock about economic aspect by disclosure of trade secret, etc., falling of social trust or reputation about organization. so, some kinds of precondition are need in successful management of Whistleblower Protection System, so to speak, public condition.; first, there must be significant social harm in relation to whistleblowing case, second, priority of inner disclosure method, third, possibility o f proving t he case by s ound a nd o bjective evidence, forth, reasonable belief of whistleblower about case, fifth, the moral need to disclosure of case. in this study, consulting to above justifying condition of whistleblowing and comparing with the Whistleblower Protection System of other country, problems in Korean Whistleblower Protection System and alternatives will be examined.