(1) Reasons for Proposal
This Act aims to add areas which need to be clearly defined as improper solicitation to duties subject to improper solicitation, and improve and supplement some shortcomings observed in the operation of the current system by specifying compliance with measures of protection for a whistleblower under the Protection of Public Interest Reporters Act, which was created after the legislation of the Improper Solicitation and Graft Act (March 27, 2015).
(2) Major Provisions
A. Add the areas not subject to and clearly included in improper solicitation to duties subject to improper solicitation (Article 5 paragraph 1)
1) Specify “recruitment of apprentices” in public institutions as subject to improper solicitation (Article 5 paragraph 1 subparagraph 3).
2) Specify “scholarship students” in the selection of outperformers by public institutions as subject to improper solicitation (Article 5 paragraph 1 subparagraph 5).
3) Add “research paper review and degree awarding” in the academic affairs of schools at each level as subject to improper solicitation (Article 5 paragraph 1 subparagraph 10).
4) Add “recognizing research outcomes” in evaluations and judgments by schools and public institutions as subject to improper solicitation (Article 5 paragraph 1 subparagraph 12).
5) Add “duties of prison guards” in executing a sentence and guiding, treating, and keeping watch on prisoners as subject to improper solicitation (Article 5 paragraph 1 subparagraph 14).
B. Introduce non-real name reports by proxy (Article 13-2)
Introduce non-real name reports by proxy under the Protection of Public Interest Reporters Act, which allow a whistleblower’s attorney-at-law to file a public interest report without revealing the whistleblower’s personal information.
C. Specify compliance with an amendment to the Protection of Public Interest Reporters Act (Article 15 paragraph 4 and Article 23 paragraph 2)
Clarify compliance with special protective measures and charges for compelling compliance newly inserted under the Protection of Public Interest Reporters Act after the legislation of the Improper Solicitation and Graft Act, and define penalties (administrative fines) for not implementing special protective measures to protect whistleblowers reporting any violation of the Improper Solicitation and Graft Act.
D. Clarify the basis to pay relief funds (Article 15 paragraphs 7 and 8)
Newly insert the basis to pay relief funds so that not only whistleblowers but also their collaborators, relatives, or cohabitants request the payment of relief funds from the Anti-Corruption and Civil Rights Commission if they have spent any expense to treat their physical and mental health in relation to reporting any violation of the Improper Solicitation and Graft Act.
E. Expand the range of authorities that notify administrative fines for any violation (Article 23 paragraph 7)
Expand the range of authorities that notify administrative fines for any violation so that supervisory agencies, auditors, investigative agencies, and the Anti-Corruption and Civil Rights Commission can notify such fines if the head of the affiliated agency does not notify the fines to those subject to the payment thereof without justifiable reason.
