내부고발자 보호제도에 관한 연구

• 영문명: The Study on the Protection of Whistleblower
• 발행기관: 한국형사정책학회
• 저자명: 권창국(Kwon, Chang-Kook)
• 간행물 정보: 『형사정책』刑事政策 第24卷 第3號, 187~216쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

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.

목차

Ⅰ. 들어가는 말

Ⅱ. 내부고발자 보호제도와 정당화 조건

Ⅲ. 한국 및 영미, 일본 등의 내부고발자 보호제도의 비교검토

Ⅳ. 현행 내부고발자 보호제도의 검토

Ⅴ. 맺음말

참고문헌

Abstract

키워드

내부고발 범죄신고 부정부패 부패방지 공익신고 inner accusation crime reporting corruption anti-corruption law protection of whistleblower