Protection of Whistleblowers 21 June 2011, Seoul □ Good afternoon, Ladies and Gentlemen. My name is Sang-Bum Lee, director of Code of Conduct Division of the ACRC of Korea. Today, I'm here to tell you about the Code of Conduct for Public Employees of Korea. I hope that Korea’s experience in implementing the Code of Conduct will be helpful for Indonesia’s effort to operate its own code of conduct system. Jung-ryun An, Senior Deputy Director of Protection & Rewards Division Anti-Corruption & Civil Rights Commission, Korea

1. Whistleblower Protection System Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 1. Whistleblower Protection System The whistleblower protection system is designed to ensure that one can disclose an act of corruption without fear. Korea's whistleblower protection system consists of 3 pillars: Guarantee of Confidentiality: preventing the disclosure of whistleblowers' identity Guarantee of Public Position: prohibiting discrimination against whistleblowers Personal Protection: ensuring the safety of whistleblowers, family members & relatives Legislation on whistleblower protection Anti-Corruption Act (2002) *The whistleblower protection system has been further bolstered through two revisions. Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption and Civil Right Commission (2008) 2

2. Guarantee of Confidentiality Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 2. Guarantee of Confidentiality Any employee of the ACRC or the investigative agency to which the corruption case has been referred shall not disclose or allude to an informant’s identification without his/her consent. If an informant has experienced or is likely to experience any damage owing to the whistleblowing, the informant’s confidentiality shall be protected according to the Act on Protection of Reporters of Specific Crimes. Those who disclosed a whistleblower's identity shall be imprisoned for up to 3 years or fined for up to 10 million won. (ACRC Act, Article 88) 3

3. Guarantee of Public Positions (1) Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 3. Guarantee of Public Positions (1) An informant is protected from any disadvantage to his or her position or discrimination at his or her affiliated organization for reporting corruption.  An informant may request the ACRC to guarantee his/her position such as reinstatement and transfer of his or her position or suspension of disciplinary action against him/her. If an informant has experienced financial or administrative disadvantage including the cancellation of permit or license and the revocation of a contract, he/she may request the ACRC to take steps to undo or correct the disadvantages. The ACRC may request the head of an organization to which the requester belongs or related agency to take proper measures to address the request. 4

3. Guarantee of Public Positions (2) Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 3. Guarantee of Public Positions (2) The ACRC may request a relevant organization to take disciplinary actions (ACRC Act, Article 62–9), and impose a penalty up to 10 million won (ACRC Act, Article 91–1–1), against those who have discriminated against an informant. If such an individual who has committed discrimination fails to comply with the request of the ACRC, he/she may be subject to an imprisonment up to one year or a fine up to 10 million won (ACRC Act, Article 90). 5

Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 4. Personal Protection If an informant feels a threat to himself/herself or his or her family, relatives, or cohabitant, he/she may request the ACRC to take protective steps; then the ACRC may ask the Police to take steps to protect the informant. As per Article 7 of the Enforcement Decree of the Act on Protection of Reporters of Specific Crimes, the Police shall take steps to protect the informant in collaboration with the ACRC, including housing relocation, vehicle escort, or neighborhood patrolling. 6

5. Other Protective Measures (1) Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 5. Other Protective Measures (1) Protection of Cooperators Article 62 (Guarantee of Public Position), Article 64 (Personal Protection), and Article 66 (Mitigation of Culpability) of the Act will be applied to an individual who has cooperated in an investigation with regard to the reporting of corruption. Mitigation of Culpability If a report by an informant results in a discovery of his or her own criminal act, penalty or disciplinary measure taken by a public organization may be mitigated or remitted. Exemption from Punishment for Violation of Confidentiality If a person reports corrupt acts, he/she shall be deemed not to have violated the obligation of confidentiality in the performance of his/her duty. 7

5. Other Protective Measures (2) Training Seminar for Anti-Corruption Practitioners of Indonesia, 13-24 June 2011, Seoul 5. Other Protective Measures (2) Presumption of Disadvantages An informant is presumed to have suffered disadvantages for his or her act of reporting corruption if he/she requests the ACRC to restore the situation to his/her original state or litigates for that purpose. - Presumption of disadvantage is introduced to make an informant free from the burden of proof because an informant is at disadvantage against his/her affiliated organization, in terms of securing relevant information or evidence. Protection of an Informant who Reported Corruption to Other Agencies If an informant reports corruption to his or her affiliated agency or a supervising agency, or a violation of the Code of Conduct of Public Officials, the informant will be protected as per Article 62 (Guarantee of Public Position), Article 63 (Presumption of Disadvantages), Article 64 (Personal Protection), Article 65 (Protection of Cooperator), and Article 66 (Mitigation of Culpability) of the Act. 8