AsianLII Home | Databases | WorldLII | Search | Feedback

Laws of the Republic of Korea

You are here:  AsianLII >> Databases >> Laws of the Republic of Korea >> ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION OF THE PUBLIC INTEREST WHISTLEBLOWERS

Database Search | Name Search | Noteup | Download | Help

ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION OF THE PUBLIC INTEREST WHISTLEBLOWERS

Enforcement Decree of the Act on the Protection of the Public Interest
Whistleblowers
Chapter 1: General Provisions
Article 1 (Purpose)
The purpose of this Decree is to prescribe such matters as delegated in the Act on the Protection of Public Interest Whistleblowers (hereinafter referred to as the “Act”), and those necessary for its enforcement.
Article 2 (Laws on Violation of the Public Interest)
“The laws defined by Presidential Decree regarding public health and safety, environmental protection, protection of consumer interests, and promotion of fair competition” in Table 12 of the Act, which refers to Article 2, Subparagraph 1, Item A of the Act, means the laws listed in Table 1 herein.
Article 3 (Scope of Administrative Disposition)
The “administrative action determined by Presidential Decree, including the cancellation and suspension of a permit or license” as provided by Article 2, Paragraph 1, Item B of the Act refers to disposition on any
matter as defined in any of the following paragraphs:
1. Cancellation, withdrawal or elimination of permission, authorization, patent, license, approval, designation, examination & approval, certification, confirmation, authentication, registration, etc.;
2. Suspension of business, operation, validity, qualification, etc.;
3. Instruction of the responsible party to perform, involuntarily, some specific action such as taking corrective measures, repairing and/or
renovating facilities, relocating facilities, closing facilities, dismantling
facilities, and publicly disclosing some violation;
4. Imposition of a penalty surcharge, fine for negligence, or other obligatory financial payment for the violation.
Article 4 (Policy Establishment and Implementation, etc)
(1) The Anti-Corruption and Civil Rights Commission (hereinafter referred to as the “Commission”) shall establish and implement mid-/long-term basic policies as well as annual implementation plans to protect and support public interest whistleblowers, etc. in accordance with Article 4 of the Act.
(2) The Commission shall ensure that the mid-/long-term basic policies and annual implementation plans under Paragraph 1 include training on and the publicizing of the whistleblower protection program for administrative agencies, organizations, enterprises, etc. (hereinafter referred to as “administrative agencies, etc.”).
(3) When necessary, the Commission may organize a consultative body together with administrative agencies, etc. to establish and implement mid-/long-term basic policies and annual implementation plans under Paragraph 1.
(4) The Commission may recommend administrative agencies, etc.to implement detailed action plans in accordance with the mid-/long-term basic policies and annual implementation plans under Paragraph 1.
(5) The Commission may support administrative agencies, etc. with the educational and promotional activities related to their whistleblower
protection program.
Chapter 2. Public Interest Whistleblowing
Article 5 (Public Whistleblowing Agencies, etc.)
(1) The “persons prescribed by Presidential Decree” under Article 6, Subparagraph 5 of the Act refers to a person and/or entity that falls under one of the following Subparagraphs:
1. A member of the National Assembly; or
2. A public corporation, authority and other public organization established in accordance with laws on public interest violations.
(2) When a member of the National Assembly or public organization under Paragraph 1, Subparagraph 2 (hereinafter referred to as “member of the National Assembly, etc.”) receives a public interest whistleblowing case, it shall be forwarded to a person and/or entity falling under any of the stipulations in Subparagraphs 2 through 4 of Article 6 of the Act. However, should the public interest whistleblowing case fall under any of the Subparagraphs of Article 10, Paragraph 2 of the Act, the member of the National Assembly, etc. may opt not to forward the report.
(3) The member of the National Assembly, etc. shall notify the public interest whistleblower of the measure(s) taken as prescribed in Paragraph 2 (to include the reason no action was taken).
Article 6 (Processing, etc. of the Public Interest Whistleblowing Case by
Representative, etc.)
(1) The representative or employer who has received a public interest
whistleblowing case as prescribed in Article 6, Paragraph 1 of the Act (hereinafter referred to as “representative, etc.”) shall verify the validity of the report, and, if necessary, devise and implement measures for the elimination and prevention of the violation of the public interest.
(2) The representative, etc. shall notify the public interest whistleblower of the results of the measures taken under Paragraph 1.
(3) The representative, etc. may forward the public interest whistleblowing case to any of the persons and/or entities that fall under Subparagraphs 2 through 4 of Article 6 of the Act after obtaining the consent of the public interest whistleblower should such action be deemed necessary to eliminate or prevent public interest violations or should the public interest whistleblower demand that it be forwarded. However, should the public interest whistleblowing case fall under any of the Subparagraphs in Article 10, Paragraph 2 of the Act, it may not be forwarded. In such an event, the public interest whistleblower shall be notified of the fact and the reason(s) thereof. (4) The representative etc. may request the Commission for cooperation in devising and implementing measure(s) for eliminating and preventing violations of the public interest, as prescribed in Paragraph 1, and the Commission shall cooperate in such request unless there exist any special grounds for not doing so.
Article 7 (Confirmation of Details of Public Interest Whistleblowing) (1) The Commission may confirm any of the following items, if
necessary to specify the details of a public interest whistleblowing case in accordance with Article 9 of the Act. If the public interest
whistleblower does not have what is required to specify the details of
the case, the Commission may set a reasonable period for the public interest whistleblower to supplement the matters thereof:
1. Personal information of the public interest whistleblower, including the name, resident registration number, address, occupation, place of work and contact numbers;
2. Details, purport and reason of the public interest whistleblowing;
3. Relations between the details of the public interest whistleblowing case and violation of the public interest;
4. Relations between the public interest whistleblower and the person and/or entity reported in the case;
5. Whether the public interest whistleblower secured a witness or supporting materials that can prove the details of the public interest whistleblowing case;
6. Whether the public interest whistleblower had reported the same case to an examination agency under Article 6, Subparagraph 2 of the Act (hereinafter referred to as an “examination agency”) before he/she reported to the Commission, and;
7. Whether the public interest whistleblower agrees to have his/her identity disclosed or implied (hereinafter referred to as “disclosure of identity”) in the process of confirmation by the Commission or in the examination or investigation by an examination agency or investigative agency (hereinafter referred to as “examination agency, etc.”).
(2) When the Commission confirms whether the public interest
whistleblower agrees to disclosure of identity under Paragraph 1, Subparagraph 7, the Commission shall explain to the said person the procedures for processing the case and disclosing his/her identity on the part of the examination agency, etc.
Article 8 (Processing of a Public Interest Whistleblowing)
(1) The Commission shall confirm the details of a public interest whistleblowing case and refer the said case to an examination agency, etc. within sixty days from the date it received a report of a violation of the public interest. However, if the public interest whistleblowing case falls under any Subparagraphs of Article 10, Paragraph 2 of the Act, such a report may not be referred to an investigative agency, etc.
(2) The Commission may extend the period prescribed under Paragraph
1 by up to thirty days if it deems the extension thereof necessary to supplement the details of the public interest whistleblowing case.
(3) In the event that the Commission decides not to transfer a public interest whistleblowing case to an examination agency, etc. under the proviso of Paragraph 1, the Commission shall notify the public interest whistleblower of the said fact and the reason(s) thereof.
Article 9 (Referral of a Public Interest Whistleblowing Case)
(1) The Commission shall refer a public interest whistleblowing case to an examination agency, etc. as provided by Article 9, Paragraph 3 of the Act according to the following Subparagraphs:
1. To an examination agency should guidance, supervision, regulation
or examination of the case be deemed necessary; or
2. To an investigative agency should there be suspicion that an offense has been committed or an investigation of the case be deemed necessary.
(2) Should a public interest whistleblowing case be related to multiple agencies, the Commission may designate a supervising organization and refer the case to the related agencies. In this event, the designated supervising organization and related agencies shall cooperate with one another in order to process the public interest whistleblowing case en masse.
(3) In the event that the Commission refers a public interest whistleblowing case in accordance with Article 9, Paragraph 3 of the Act, it shall include matters prescribed by Subparagraphs of Article 8, Paragraph 1 of the Act as well as supporting materials that were submitted by the public interest whistleblower. However, if the public interest whistleblower did not agree on disclosure of identity, all matters pertinent to personal information shall be excluded.
Article 10 (Forwarding to Public Institutions)
(1) When it is not obvious whether a report submitted to the Commission as a public interest whistleblowing case (hereinafter referred to as a “reported case”) constitutes a violation of the public interest and it is deemed reasonable for a public institution under Article 2, Paragraph 1 of the Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption & Civil Rights Commission (hereinafter referred to as a “public institution”) to handle the case, the Commission may forward the case to a public institution.
In this event, the Commission shall notify the public interest
whistleblower of the fact.
(2) When a public institution that received a case as provided by Paragraph 1 identifies the reported case as a violation of the public interest, the public institution shall notify the Commission of the said fact, and the Commission shall refer the case to an examination agency, etc. in accordance with the standards as prescribed by Article 9, Paragraph 1. However, when the public institution that received the case is an examination agency, etc. that is responsible for processing the case, it is deemed that the referral of the case is conducted pursuant to Article 8, Paragraph 1, and the public institution shall process the case.
Article 11 (Processing on the Part of an Examination Agency, etc.)
(1) Should an examination agency, etc. to which a public interest whistleblowing case was referred under Article 9, Paragraph 3 of the Act deem it reasonable for another examination agency, etc. to process the case, the former examination agency, etc. may re-refer the case to the latter examination agency, etc. in consultation with the Commission.
(2) The examination agency, etc. to which a public interest whistleblowing case was referred pursuant to Article 9, Paragraph 3 of the Act shall notify the Commission of the examination or investigation results within ten days after the examination or investigation thereof is completed.
(3) The notification under Paragraph 2 shall be in writing and contain the following Subparagraphs:
1. The results of processing the case, such as criminal disposition and
administrative disposition, and details and the reason(s) thereof;
2. The direction in which the processing of the case shall go after the examination or investigation thereof has been completed;
3. In the event the case is or is expected to be subject to the payment of a reward in accordance with Article 26, Paragraph 1 of the Act or of relief money in accordance with Article 27, Paragraph 1 of the Act, the fact thereof;
4. In the event that it is deemed necessary to make improvements in institutionalized practices, as identified by the public interest whistleblowing case, the summary thereof;
5. Other matters regarding public interest whistleblowing that the
Commission or the public interest whistleblower needs to be aware of.
(4) The Commission may request an examination agency, etc. to submit information on the status of processing a public interest whistleblowing case referred to the examination agency, etc. In this event, the examination agency, etc. shall notify the Commission of the status thereof unless the examination agency, etc. has any special reason(s) not to do so.
Article 12 (When an Examination is Unnecessary)
“The event that there is no reason for examination as prescribed by Presidential Decree” under Article 10, Paragraph 2, Subparagraph 7 refers to a situation falling under any of the following Subparagraphs:
1. In the event that the details of the public interest whistleblowing
case do not constitute a violation of the public interest;
2. In the event that no evidence exists to prove a violation of the public interest; or
3. In the event that other Acts or the authority delegated by such Acts may exempt the pertinent violation of the public interest from being subject to examination.
Chapter 3. Protection of Public Interest Whistleblower, etc.
Article 13 (Personal Confidentiality of Public Interest Whistleblower, etc.)
A representative, etc.; the Commission; an examination agency, etc.; and a member of the National Assembly, etc. shall offer necessary measures to ensure that the identity of the public interest whistleblower, etc. is not disclosed without his/her consent in the processes of receiving, referring, forwarding, examining and investigating the public interest whistleblowing case.
Article 14 (Protection of Personal Safety)
(1) Any person who requests the Commission to take protective measures for his/her personal safety under Article 13, Paragraph 1 of the Act (hereinafter referred to as “personal protection measures”) shall submit to the Commission a document specifying the personal information of the applicant and the person who needs to be provided with protective measures (hereinafter referred to as “person subject to protection”), and the reason(s) for the application. Should an urgent reason exist, however, the applicant may request personal protection
measures verbally or by telephone. In this case, the applicant shall
submit the above mentioned document without delay.
(2) In the event that the need for personal protection measures is too urgent to wait for the Commission’s decision to provide such measures, the Chairperson of the Commission may request the chief of a police station or agency to provide the person subject to protection with such measures.
(3) The chief of a police station or agency who received a request for personal protection measures under the latter part of Article 13, Paragraph 1 of the Act shall decide on, in consultation with the Commission, the necessary measures as prescribed in Article 7 of the Enforcement Decree of the Protection of Reporters, etc. of Specific Crimes Act, and if the personal protection measures are taken, shall notify the Commission of the said fact without delay.
(4) The chief of a police station or agency may cancel the implementation of personal protective measures under Paragraph 3 in consultation with the Commission if such measures are deemed unnecessary.
(5) The Commission shall notify the applicant and the person subject to protection without delay of such facts as the decision to provide personal protective measures as prescribed in Paragraph 3, the cancellation of such measures as prescribed in Paragraph 4, and the end of the period of protection.
Article 15 (Request for and Examination of Protective Measures)
(1) When a public interest whistleblower, etc. requests the Commission
to take measures to recover his/her state of life or other necessary
measures under Article 17, Paragraph 1 of the Act (hereinafter referred to as “protective measures”), the public interest whistleblower, etc. shall submit to the Commission a document specifying the personal information of the applicant, the reason(s) for the application and the
details of the requested measures.
(2) When the Commission requests any person falling under any of Article 19, Paragraph 2, Subparagraphs 1 through 3 of the Act to appear before the Commission under Article 19, Paragraph 3 of the Act, the Commission shall give the said person a seven-day written notice specifying when and where to appear. Should there exist an urgent reason or the possibility that the written notification be detrimental to the examination objective, however, the Commission may not give the written notice prior to the appearance before the Commission.
(3) The Commission may request the cooperation of an examination agency that was notified of an application by the public interest whistleblower, etc. for protective measures under Article 19, Paragraphs
1 and 5 to provide the Commission with materials regarding the examination of the relevant violation of the public interest. In this event, the examination agency shall comply with the request unless there is a justifiable reason for them to decline.
Article 16 (Determination, etc. of Protective Measures)
(1) When the Commission receives an application for protective measures under Article 17, Paragraph 1 of the Act, the Commission shall decide to take protective measures as prescribed by Article 20, Paragraph 1 of the Act or to issue a recommendation as provided by
Article 20, Paragraph 2 of the Act (hereinafter referred to as “decision,
etc. to take protective measures”) within 60 days after the application was submitted. If necessary, the period may be extended by up to 30 days.
(2) The Commission may recommend that the head, etc. of an organization to which a person who had taken disadvantageous measures belongs implement measures such as guidance and supervision necessary to ensure the implementation of protective measures for a public interest whistleblower, etc. who underwent the disadvantageous measures in accordance with the decision, etc. to take protective measures.
(3) The Commission may recommend that the head, etc. of an organization to which the public interest whistleblower, etc. belongs take measures comparable to protective measures such as change of occupation, change of position or transfer of workplace should any special circumstance exist to believe that it would be difficult to implement the protective measures in accordance with the decision, etc. to take protective measures.
(4) The Commission shall notify the applicant for protective measures of the fact that the recommendation was issued under Paragraph 2 or
3.
Article 17 (Standard for the Delayed Payment of Wages, etc.)
(1) The compensation, etc. prescribed in Article 20, Paragraph 1, Subparagraph 2 of the Act shall be the earned income under Article 20, Paragraph 1 of the Income Tax Act, and the interest shall be interest for delayed payment of wages as provided by Article 37 of the Labor
Standard Act.
(2) The period for the calculation of the delayed payment of compensation and interest under Paragraph 1 shall be from the date when the compensation went in arrears or when discriminatory payment began to the date when a decision from the Commission is issued under Article 20, Paragraph 1.
(3) The Commission may request the related agencies, organizations or enterprises to submit the relevant materials under Article 19, Paragraph
2 of the Act, if they are deemed necessary to confirm the amount of compensation, etc. as prescribed in Paragraph 1.
Article 18 (Prohibition of Disadvantageous Measures)
(1) A public interest whistleblower, etc. who requests the Commission to take measures to prohibit disadvantageous measures under Article
22, Paragraph 1 of the Act shall submit to the Commission a document specifying the personal information of the applicant, the reason(s) for
the application and the details of the requested measures.
(2) When the Commission receives an application for the prohibition of disadvantageous measures under Paragraph 1, the Commission shall make a decision as provided by Article 22, Paragraph 4 of the Act within 60 days after the application was submitted. If necessary, however, the period may be extended by up to 30 days.
(3) When the Commission recommends an organization prohibit disadvantageous measures under Paragraph 2, the Commission may recommend the head, etc. of the organization to which a person who intends to take disadvantageous measures belongs implement necessary
measures such as guidance and supervision over the said person. In
this case, the Commission shall notify the applicant of prohibition of disadvantageous measures of the fact that the recommendation was issued.
Article 19 (Notification of Results for Implementing Measures, etc.)
A person who receives a request for protective measures under Article
20, Paragraph 1 of the Act, recommendation under Paragraph 2 of the same Article, request for disciplinary action under Paragraph 4 of the same Article, or recommendation for the prohibition of disadvantageous measures under Article 22, Paragraph 4 of the Act shall notify the Commission of the results of implementing the aforesaid measures or of the reason(s) of failure to take such measures within 30 days after the request or recommendation was received.
Article 20 (Request for Cooperation)
Under Article 25, Paragraph 1, the Commission may request a relevant administrative agency, counseling center or medical institution, and other relevant organizations for cooperation or assistance as needed for matters falling under the following Subparagraphs:
1. Presentation of materials, documents, etc. or explanation;
2. Appearing before the Commission and making statements;
3. Secondment, examination and consultation of employees belonging to the organization
4. Counseling to provide the public interest whistleblower, etc. with
psychological comfort and medical support for illness treatment and healthcare;
5. Legal aid for the recovery of damages and relief of rights, including
provision of legal consultation and advice, legal representation in a
lawsuit, etc.;
6. Provision of vocational training opportunities and recommendation of new occupations for the public interest whistleblower, etc.;
7. Other matters necessary to protect the public interest whistleblower, etc.
Chapter 4. Rewards and Relief Money
Article 21 (Ground for Payment of Reward)
The “dispositions or judgments as prescribed by Presidential Decree” in Article 26, Paragraph 1, Subparagraph 5 of the Act refers to disposition or judgment falling under any of the following Subparagraphs:
1. Imposition of national tax or local tax;
2. Disposition of imposing charges or additional charges, etc.;
3. Judgment to compensate damages or restitute unlawful gain.
Article 22 (Standards for the Payment of Rewards)
(1) The standard for calculating the amount of rewards is as specified in the Attached Table 2. However, the rewards may be reduced or not paid in consideration of the following Subparagraphs. In the event that a public official who is or was involved in the examination of or investigation into a violation of the public interest makes a report related to the examination or investigation, rewards shall not be paid.
1. Accuracy of the report or credibility of evidential materials;
2. Whether the reported violation of the public interest was already disclosed through newspapers, the broad media or other mass media;
3. Whether the public interest whistleblower committed any illegal act(s)
related to his/her report;
4. The extent to which the public interest whistleblower contributes to the eradication and prevention of violations of the public interest;
5. Whether the public interest whistleblower has an obligation to report
a violation of the public interest or whether the report is related to his/her duties.
(2) The maximum amount of rewards shall be KRW 1 billion, and any fraction under KRW 1,000 shall not be paid.
(3) In the event that the reward amount related to an individual public interest violation case is less than KRW 100,000, the reward shall not be paid.
Article 23 (Determination of the Payment of Rewards)
(1) The Commission shall determine whether to pay rewards and the reward amount based on the deliberation and resolution by the Reward Deliberation Board under Article 69 of the Act on the Anti-Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission (hereinafter referred to as the “Reward Deliberation Board”). Should the Reward Deliberation Board decide to pay the reward, the Commission shall send the authentic copy of the written decision and the written notification thereof to the applicant without delay.
(2) At the time of the determination of reward by the Commission under Paragraph 1, after a legal relation that would result in the recovery of or increase in revenues to the State or local autonomous governments is established and if the aforementioned recovery of or increase in revenues has not begun or the amount of recovered or
increased revenues is less than 50/100 of the reward amount calculated
under Article 22, Paragraph 1, the Commission may determine that the payment of the reward would be first executed within the scope of
50/100 of the reward amount and the remaining part be paid after the
amount of recovered or increased revenues to the State or local

autonomous governments exceeds the amount

paid.

of the reward

already

Article 24 (Determination of Reward Amounts

Applications)

for Concurrent

Reward

(1) When two or more persons respectively file public interest
whistleblowing cases for a single violation of the public interest, the cases are deemed a single case in the determination of the reward amount under the Attached Table 2.
(2) The Commission, in determining the respective amounts for individual public interest whistleblowers in the event of a public interest whistleblowing case prescribed in Paragraph 1, shall assign the rewards in comprehensive consideration of the contributions of the individuals to the eradication and prevention of the violation of the public interest and other factors. In this case, the Subparagraphs of Article 22, Paragraph 1 shall be applied to the individual public interest whistleblowers respectively.
Article 25 (Date of the Payment of Rewards)
The reward shall be paid after the recovery of or increase in revenues to the State or local autonomous governments occurred through such procedures as the imposition of charges provided by any of the Subparagraphs of Article 26, Paragraph 1 of the Act or a legal relation
thereof is established. In this case, if the period of appeal regarding the
procedures does not expire or the appeal proceedings for the relief thereof are in progress, the payment shall be executed after the expiration of the appeal period or the completion of the relief proceedings.
Article 26 (Standard to Calculate the Amount of Relief Money)
(1) The Reward Deliberation Board shall consider the following Subparagraphs in the calculation of relief money under Article 27, Paragraph 2 of the Act for such situations as prescribed in Subparagraphs of Article 27, Paragraph 1 of the Act:
1. Expenses incurred related to medical examination, hospitalization, medication, surgery, etc. for physical and psychological treatment;
2. Actual costs incurred to move the residence as a result of change of occupation, change of position or transfer of workplace, secondment,
personal protection, etc.;
3. Fees incurred to hire a lawyer, certified public labor attorney, etc. for dispute over recovery of the original state of life;
4. Monthly average of wages or actual income during the three months prior to the date the disadvantageous measures were taken (hereinafter
referred to as “monthly average”); or the average wage in the event
that there exists no method to prove that the monthly average or the calculated monthly average is below the average wage;
5. Other expenditures the Reward Deliberation Board recognizes as being incurred related to damages or costs as a result of the public interest whistleblowing, etc.
(2) The monthly average shall not exceed double the average wage, and the period of wage losses calculated under Article 27, Paragraph 1,
(3) The average wage as prescribed in Paragraph 1, Subparagraph 4 is
specified by the average wage of daily workers based on nationwide statistics on the wages of the typical male or female laborer, which is conducted by a wage survey agency that regularly publishes wage
statistics at least 6 times a year.
Article 27 (Decision on the Payment of Relief Money)
(1) The Commission shall determine whether to pay relief money and its amount based on the deliberation and resolution by the Reward Deliberation Board. Should the Reward Deliberation Board decide to pay the relief money, the Commission shall send the authentic copy of the written decision and the written notification thereof to the applicant without delay.
(2) The Commission shall determine whether to pay relief money and its amount within 90 days from the date on which the application for relief money was submitted under Article 27, Paragraph 1 of the Act unless there are exceptional circumstances otherwise.
Article 28 (Establishment and Operation, etc. of Information System) (1) The Commission may establish and operate an information system
in order to prevent the double payment of rewards and relief money under Article 28 of the Act.
(2) The Commission may request the administrative agency, etc. to provide data regarding the payment of rewards, awards and relief money in order to establish and operate an information system under
(3) The Commission may develop and distribute a standardized
program so as to enable the administrative agency, etc. to use the information system under Paragraph 1.
Chapter 5. Supplementary Provisions
Article 29 (Processing of Unique Identifying Information)
The Commission may receive materials containing resident registration numbers under Article 19, Subparagraph 1 of the Enforcement Decree of the Personal Information Protection Act, passport numbers under
Subparagraph 2 of the same Article or alien registration numbers under
Subparagraph 4 of the same Article and handle them if deemed inevitable to perform the following affairs:
1. Affairs concerning public interest whistleblowing, and confirmation, referral, etc. of a public interest whistleblowing case under Articles 8 and 9 of the Act;
2. Affairs concerning maintaining the confidentiality of the public interest whistleblower, etc. under Article 12 of the Act;
3. Affairs concerning personal protection measures under Article 13 of
the Act;
4. Affairs concerning under mitigation and remission of culpability, etc. Article 14 of the Act;
5. Affairs concerning protective measures under Articles 17 through 20 of the Act;
6. Affairs concerning prohibition of disadvantageous measures under
Article 22 of the Act;
7. Affairs concerning rewards under Article 26 of the Act;
8. Affairs concerning relief money under Article 27 of the Act.
Article 30 (Imposition and Collection of Fine for Negligence)
The standard for imposing a fine for negligence under Article 31, Paragraph 1 of the Act is as specified in the Attached Table 3.
ADDENDA
This Decree shall enter into force on September 30, 2011. However, the
Act 73 of the Attached table 1 shall take into force on April
29th2012.TheAct144ofthesameattachedtableshallcomeintoeffectonMarch9th,2
012.
[Attached Table 1]
Acts related to the violation of the public interest
(refer to Article 2)
1. Fair Transactions in Franchise Business Act
2. Act on the Management and Use of Livestock Excreta
3. Act on the Prevention of Contagious Animal Diseases
4. Prevention of Contagious Diseases Act
5. Public Order in Open Ports Act
6. Framework Act on Health Examination
7. Functional Health Foods Act
8. Construction Machinery Management Act
9. Construction Technology Management Act
10. Framework Act on the Construction Industry
11. Construction Waste Recycling Promotion Act
12. Certified Architects Act
13. Quarantine Act
14. Security Services Industry Act
15. Measures Act
16. High-Pressure Gas Safety Control Act
17. Aggregate Extraction Act
18. Public Performance Act
19. Public Waters Management and Reclamation Act
20. Business Affairs of Licensed Real Estate Agents and Report of Real
Estate Transactions Act
21. Tourism Promotion Act
22. Mining Safety Act
23. Mining Damage Prevention and Compensation Act
24. Traffic Safety Act
25. Act on Promotion of the Transportation Convenience of Mobility
Disadvantaged Persons
26. National Technical Qualifications Act
27. National Health Promotion Act
28. State Forest Administration and Management Act
29. Act on Combating Bribery of Foreign Public Officials in
International Business Transactions
30. Tramway Transportation Act
31. Act on Water Management of and Resident Support in the Geum
River Basin
32. Act on Prevention of Disasters in Steep Slope Lands
33. Act on Water Management and Resident Support in the Nakdong
River Basin
34. Charter Fishing Business Act
35. Inland Water Fisheries Act
36. Act on Distribution and Price Stabilization of Agricultural and
Fishery Products
37. Act on Country of Origin Labeling of Agricultural and Fishery
Products
38. Agrochemicals Control Act
39. Act on Maintenance and Improvement of Road Networks in
Agricultural and Fishing Villages
40. Act on Maintenance and Improvement of Agricultural and Fishing
Villages
41. Farmland Act
42. Indoor Air Quality Control in Public Use Facilities etc. Act
43. Special Act on the Safety Control of Publicly Used Establishments
44. Clean Air Conservation Act
45. Act on Registration of Credit Business, etc. and Protection of
Finance Users
46. Act on the Promotion of Collaborative Cooperation Between Large
Enterprises and Small-Medium Enterprises
47. Act on Construction of Dams and Assistance, etc. to their Environs
48. Road Traffic Act
49. Urban Gas Business Act
50. Urban Railroad Act
51. Special Act on the Preservation of Ecosystem in Island Areas including Dokdo Island
52. Act on the Control of Narcotics, etc.
53. Horse Industry Promotion Act
54. Management of Drinking Water Act
55. Act on Preservation and Management of Uninhabited Islands
56. Cultural Heritage Protection Act
57. Price Stabilization Act
58. Door-to-Door Sales, etc. Act
59. Radioactive Waste Control Act
60. Baekdudaegan Protection Act
61. Act on Special Measures for the Control of Public Health Crimes
62. Insurance Business Act
63. Unfair Competition Prevention and Trade Secret Protection Act
64. Fertilizer Control Act
65. Control of Shooting and Shooting Range Act
66. Control of Livestock and Fish Feed Act
67. Forest Protection Act
68. Creation and Management of Forest Resources Act
69. Occupational Safety and Health Act
70. Industrial Standardization Act
71. Management of Mountainous Districts Act
72. Mutual Savings Banks Act
73. Community Credit Cooperatives Act
74. Asbestos Safety Management Act
75. Petroleum and Petroleum Substitute Fuel Business Act
76. Ship Safety Act
77. Special Act on the Pine Wilt Disease Control
78. Cattle and Beef Traceability Act
79. Fire-fighting System Installation Business Act
80. Installation, Maintenance, and Safety Control of Fire-fighting Systems
Act
81. Small River Maintenance Act
82. Oil Pipeline Safety Control Act
83. Water Supply and Waterworks Installation Act
84. Aquatic Animal Disease Control Act
85. Quality Control of Fishery Products Act
86. Fisheries Act
87. Fishery Resources Management Act
88. Water-related Leisure Activities Safety Act
89. Water Quality and Ecosystem Conservation Act
90. Wetlands Conservation Act
91. Elevator Safety Management Act
92. Plant Protection Act
93. Food Industry Promotion Act
94. Framework Act on Food Safety
95. Safety Control and Business of Liquefied Petroleum Gas Act
96. Protection of Wild Fauna and Flora Act
97. Pharmaceutical Affairs Act
98. Grain Management Act
99. Act on Safety Control of Children's Amusement Facilities
100. Special Act on Safety Control of Children's Dietary life
101. Fishing Ground Management Act
102. Fishing Villages and Fishery Harbors Act
103. Energy Use Rationalization Act
104. Specialized Credit Financial Business Act
105. Act on Establishment of Safe Laboratory Environment
106. Salt Management Act
107. Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins
108. Infant Care Act
109. Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer
110. Atomic Energy Act
111. Act on the Measures for the Protection of Nuclear Facilities, etc. and Prevention of Radiation Disasters
112. Act on the Regulation of Conducting Fund-Raising Business without Permission
113. Transboundary Movement, etc. of Living Modified Organisms Act
114. Toxic Chemicals Control Act
115. Emergency Medical Service Act
116. Medical Appliances Act
117. Medical Technicians, etc. Act
118. Ginseng Industry Act
119. Forestry and Mountain Villages Development Promotion Act
120. Framework Act on Qualifications
121. Natural Parks Act
122. Countermeasures against Natural Disasters Act
123. Persistent Organic Pollutants Control Act
124. Internal Organs, etc. Transplant Act
125. Reservoir and Dam Safety Control and Disaster Prevention Act
126. Electrical Construction Business Act
127. Electric Utility Act
128. Electrical Appliances Safety Control Act
129. Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles
130. Electric Technology Management Act
131. Act on Consumer Protection in Electronic Commerce, etc.
132. Act on Promotion of Traditional Liquor, etc. Industry
133. Act on the Protection of Information and Communications
Infrastructure
134. Special Act on the Establishment of Jeju Special Self-Governing
Province and the Development of Free International City

135.

Framework Act on Product Safety

136.

Seed Industry Act

137.

Earthquake Recovery Plans Act

138.

Groundwater Act

139.

Employment Security Act

140.

Integrated Energy Supply Act

141.

Railroad Safety Act

142.

Juvenile Protection Act

143.

Juvenile Activity Promotion Act

144.

Special Act on Disaster Management

of

Skyscraper

Linked

Geo-Space Complex
145. Grassland Act
146. Livestock Products Sanitary Control Act
147. Act on the Land Survey, Hydrography and Cadastral Survey
148. Environment-Friendly Agriculture Fosterage Act
149. Soil Environment Conservation Act
150. Act on Fair Labeling and Advertising
151. Sewerage Act
152. River Act
153. School Health Act
154. Act on the Improvement of Water Quality and Support for
Residents of the Riverhead of the Han River System
155. Installment Transactions Act
156. Aviation Act
157. Aviation Safety and Security Act
158. Navigational Aids Act
159. Harbor Act
160. Harbor Transport Business Act
161. Conservation and Management of Marine Ecosystems Act
162. Development and Management of Deep Sea Water Act
163. Marine Environment Management Act
164. Cosmetics Act
165. Act on Special Measures for the Control of Environmental Offenses
166. Environmental Health Act
167. Environmental Examination and Inspection Act
168. Environmental Impact Assessment Act
169. Prevention of Acquired Immunodeficiency Syndrome Act

Benefits Incurred

Criteria

KRW 100 million or less

20%

Over KRW 100 million and not more than

KRW 500 million

KRW 20 million + 14% for the amount exceeding KRW 100 million

Over KRW 500 million and not more than

KRW 2 billion

KRW 76 million + 10% for the amount exceeding KRW 500 million

Over KRW 2 billion and not more than

KRW 4 billion

KRW 226 million + 6% for the amount exceeding KRW 2 billion

Over KRW 4 billion

KRW 346 million + 4% for the amount exceeding KRW 4 billion

[Attached Table 2]
Criteria for Payment of Rewards [refer to Article 22, Paragraph 1]
※ Benefits Incurred: The value of the recovered or increased revenues of the central government or local autonomous governments by the imposition, etc. (or such value in time of the establishment of legal relations related to that matter) as referred to Article 26, Paragraph 1 of the Act and in any Subparagraph of Article 21 of the Enforcement Decree.
[Attached Table 3]
Criteria for Imposition of Fine for Negligence [refer to Article 30]
1. General Criteria
(1) The Criteria for imposition of fine for negligence corresponding to the number of violation are applied when a violator is fined for the same violation within a recent year. In this case, the number of violation shall be determined in accordance with both the date of imposition of fine for negligence and the date of re-commitment of the same violation.
(2) In case there occurred two or more violations, the heavier one shall be the basis for the determination.
(3) The Commission can reduce the amount of fines up to half, should
a case falls under any of following conditions: Provided that this shall not apply to a violator who is in arrears of fine for negligence.
1) Where the violator falls under any of Subparagraph of Article 2-2,
Paragraph 1 of the Enforcement Decree of the Act on the Regulation of
Violations of Public Order;
2) Where the violation is deemed to make little damage to the Commission in carrying out its duties because the violation is minor in terms of type and seriousness;
3) Where the violator corrected or resolved the consequence of his/her
violation; or
4) Other cases where it is deemed necessary to reduce the amount of fine for negligence, in consideration of the seriousness, the motive, and the consequence of the violation.

Violation

Applicable

Provision

Amount of fine for

negligence

Violation

Applicable

Provision

First

Second

Third and

more

(1) Where a person refused to submit relevant materials, attend the Commission or state his/her opinions in violation of Article 19, Paragraph 2 or 3 of the Act (including when Article 22, Paragraph 3 of the Act is applied mutatismutandis)

1) A person who takes disadvantageous measures

2) A reference person

3) An applicant

Article 31, Paragraph

1 of the

Act

500

200

100

1,000

400

200

2,000

800

300

(2) Where a relevant agency, organization or enterprise refuses to submit the materials under Article 19, Paragraph 2 of

Article 31, Paragraph

1 of the

400

700

1,000

the Act (including when Article 22, Paragraph 3 of the Act is applied

mutatismutandis)

Act

2. Specific Criteria
(Unit: KRW 10,000)


AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/kr/legis/laws/edotaotpotpiw777