I. Introduction
On June 1, 2022, the amended Whistleblower Protection Act (the “Amended Act”) went into effect. Some drastic revisions made in the Amended Act include (i) expansion of the scope of the definition of Whistleblowing (e.g., Whistleblowing now includes acts of reporting not only by workers but also by officers or persons who used to be workers within the last year), (ii) enhancement of the requirements for the protection of whistleblowers (e.g., relaxing the requirements for the so-called “Item II Reports” and “Item III Reports” made by workers), and (iii) enhancement of measures to be taken by business operators/ administrative agencies (e.g., business operators are now mandated to take certain measures, and some obligations have been imposed on personnel who perform the duties of processing Whistleblowing reports).
With regard to (iii) above, the Amended Act requires that business operators that regularly employ more than 300 workers (a) designate persons for receiving internal reports, conducting investigations of Reportable Facts (as defined in the Amended Act) and implementing necessary measures required to rectify the reported situation ("Persons under Duty of Processing Whistleblowing," as defined in the Amended Act) (“PDPWs”) (Amended Act, Art. 11, para.1), and (b) implement necessary measures required to act properly in response to internal reports, including establishment of a system for the same purpose (the “system for processing internal...
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