To protect persons who report on a case of elder abuse and encourage the practice of reporting, the current Act prescribes provisions to protect the identity of reporters and prohibit the disclosure of their identity.
However, the scope of reporters under protection is limited to persons who have filed a report with a specialized agency for the protection of older persons or an investigation agency. There is no effective legal device for practical protection, such as prohibiting employers from taking adverse actions against reporters, or institutional device to protect the safety and identity of reporters, such as measures for personal safety and the omission of personal details from police reports, etc., at the investigation and trial stage. As a result, many reporters are left unprotected.
Furthermore, in relation to follow-up and support after elder abuse, the current Act only stipulates an obligation for guardians, etc., to participate faithfully and there is a need to prescribe measures to address cases where a guardian, etc., refuses or interferes with checks to determine whether elder abuse has recurred.
Accordingly, the Amendment improves upon provisions concerning the protection of reporters of elder abuse and follow-up of elder abuse victims, thereby aiming to prevent elder abuse and facilitate follow-up in an effective and practical manner.

Details

A. Prohibit guardians and family members of elder abuse victims from refusing or interfering with the duties of specialized agencies for the protection of older persons pursuant to Article 39-20, paragraphs 1 and 2 without justifiable reason (Article 39-20, paragraph 4)
B. Prescribe that any person who files a report, petition, lawsuit, accusation, or provides other clues for an investigation, makes a statement, gives a testimony, or otherwise offers information or apprehends a perpetrator in relation to elder abuse shall have his or her identity protected, and that his or her identity shall not be disclosed against his or her will. Prescribe that any person who violates the obligation to protect and avoid the disclosure of the identity of elder abuse reporters shall be punishable by imprisonment of up to 1 year or a fine of up to 10 million won (Article 39-21, paragraph 1 and Article 57, subparagraph 5-2 newly inserted)
C. Prohibit any person who employs an elder abuse reporter, etc., from dismissing or taking any other adverse action against the employee on the grounds that he or she has filed an elder abuse report, etc. Prescribe that any person who, in violation of the above, takes any adverse action falling under Article 2, subparagraph 6 of the Protection of Public Interest Reporters Act against an elder abuse reporter shall be punishable by imprisonment of up to 1 year or a fine of up to 10 million won (Article 39-21, paragraph 2 and Article 57, subparagraph 5-3 newly inserted)
D. Prescribe that Articles 7, 9 through 13, and 13-2 of the Act on Protection of Specific Crime Informants, etc., shall also apply to elder abuse reporters, etc. (Article 39-21, paragraph 3 newly inserted)

Prohibit any person who employs an elder abuse reporter from dismissing or taking any other adverse action against the employee on the grounds that he or she has filed an elder abuse report, etc. (Article 39-21)