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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PROTECTION OF PUBLIC INTEREST DISCLOSURE AND SUPPORT THEREFOR

Article 1 (Purpose) The purpose of this Ordinance is to protect the rights and interests of the citizens of Seoul Metropolitan Government and to make Seoul Metropolitan Government a just and righteous place by revitalizing public interest disclosure and by protecting and supporting disclosers, etc.

Article 2 (Definitions) The definitions of terms used in this Ordinance are as follows:
1. The term "public interest disclosure" is a collective appellation for public interest reports under the Protection of Public Interest Reporters Act and for reports on corruption under the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission with regard to the clerical works under the jurisdiction of Seoul Metropolitan Government (hereinafter referred to as "Metropolitan Government or Seoul as the case may require");
2. The term "investigation of public interest disclosure" means investigation of public interest disclosure reports received by the Metropolitan Government or handed over from relevant agencies;
3. The term "discloser" means a person who makes public interest disclosure reports under subparagraph 1 of Article 2;
4. The term "discloser, etc." means a discloser and a person who makes a statement or gives testimony at an inspection, investigation, litigation, etc., or provides data;
5. The term "disadvantageous measures" means the followings:
(a) Expulsion, dismissal, removal or disadvantageous measures on status equivalent to loss of status;
(b) Disciplinary action, suspension from duty, reduction of wages, degradation, restriction from promotion or other unfair measures on personnel management;
(c) Change of position, transference, assigning no duty, reassignment of duty and other measures on personnel management against the will of relevant person;
(d) Discrimination in result evaluation, peer review, etc. and consequent discrimination in the payment of wages, bonuses, etc.;
(e) Cancellation of opportunities for self-improvement, such as education, training, etc., restrictions on or removal of available resources, such as budget, human resources, etc., suspension of use of security information or classified information or cancellation of qualification for handling thereof and other discrimination or measures having a negative influence on working conditions, etc.;
(f) Preparation of a list of persons requiring attention or divulgence of such list, group harassment, assault or abuse, and other acts causing spiritual or physical damage;
(g) Unjust audit or inspection of duties, or divulgence of the result;
(h) Revocation of authorization, permission, etc., or other acts giving administrative disadvantages;
(i) Termination of commodity supply contract or service supply contract, or other acts giving economic disadvantages;
6. The term "enterprise excellent in protecting disclosers" means an enterprise adopting a system of protecting disclosers and actively implementing such system, which is designated as one after deliberation by a public interest disclosure support committee;
7. The term "project of creating environment to protect disclosers" means a project applied by residents or institutions, organizations, etc. located in Seoul area to the Metropolitan Government in order to protect disclosers and to construct support foundations;
8. The term "subsidy" means funds created by the Metropolitan Government according to public interest needs or policy needs with regard to projects or affairs performed by a person other than the Metropolitan Government, or funds that are granted to render financial support.

Article 3 (Citizens' Rights and Participation) (1) The citizens of Seoul Metropolitan Government (hereinafter referred to as "citizen") shall not suffer from any disadvantage due to public interest disclosure that refuses or counters violation of public interest, corruption, and other illegal acts.
(2) Citizens shall recognize that they are the main agents of realizing a fair and corruption-free clean society, endeavor to enhance anti-corruption consciousness, and participate in the policies for public interest disclosure of the Metropolitan Government.

Article 4 (Mayor's Obligations) (1) The Seoul Metropolitan Government Mayor (hereinafter referred to as "Mayor") shall endeavor to investigate public interest disclosure in a fair manner.
(2) The Mayor shall formulate a policy necessary for the protection of disclosers, etc. and support therefor, and make an endeavor for the revitalization of public interest disclosure.
(3) In oder to smoothly promote policies of protecting and supporting disclosers, the Mayor shall cooperate with relevant private organizations, etc.
(4) The Mayor shall endeavor to secure sufficient budget and human resources for the effective protection of disclosers, etc. and support therefor.

Article 5 (Duties of Metropolitan Institutions, Enterprises Located in Seoul, etc.) Institutions under the jurisdiction of the Metropolitan Government and enterprises, organizations, juristic persons, etc. located in Seoul shall endeavor to prevent various violations, such as corruption, violation of public interest, etc., to avoid proliferation and to protect disclosers, by faithfully fulfilling duties prescribed by the Protection of Public Interest Reporters Act and other relevant Acts and subordinate statutes.

Article 6 (Public Interest Disclosure Support Committee) (1) A public interest disclosure support committee (hereinafter referred to as "Committee") may be established under the jurisdiction of the Mayor in oder to deliberate and make decisions concerning support for public interest disclosure:
1. Deliberation and advice on the investigation of public interest disclosure;
2. Deliberation on the protection of and support for disclosers, etc.;
3. Recommendations on matters of support for the protection of disclosers under Article 10 and review of reward under Article 11;
4. Matters concerning fostering of professional personnel necessary for the operation of a system of protection of disclosers, education and training related to the protection of disclosers, etc., and publicity thereof;
5. Matters concerning development of and research for policies for the protection of disclosers, etc., and support therefor;
6. Matters concerning construction of a network with public institutions, private enterprises, and civic and social organizations for the stable settlement of a discloser protection system, cooperaton therein and support therefor;
7. Matters concerning designation of and support for enterprises excellent in protecting disclosers;
8. Matters concerning consultation with the Anti-Corruption and Civil Rights Commission, etc. related to the protection of and support for disclosers;
9. Commendation of persons with accomplishments in the protection of and support for disclosers;
10. Other matters submitted by the Mayor for discussion on the protection of and support for disclosers.
(2) The Committee shall consist of 11 or less members including a chairperson and a vice chairperson; members shall be entrusted by the Mayor and private members shall hold a majority among outside personnel. The chairperson shall be elected from among the private members by the private members. The inspector general of the Metropolitan Government shall serve ex officio as the vice chairperson.
(3) Outside personnel shall be entrusted by the Mayor from among persons falling under any of the followings. The Committee shall have an executive secretary who is the head of relevant division in the office of audit and inspection:
1. Persons who have professional knowledge in the field of public interest disclosure and relevant research experience in the academic world;
2. Persons who have service experience or are serving in a government agency, nonprofit private organization or juristic person, international organization, etc. in the field of public interest disclosure;
3. Persons who have professional knowledge or service experience in the field of public interest disclosure and are recommended by a nonprofit private organization or juristic person related to public interest disclosure;
4. Two persons nominated by the Seoul Metropolitan Council including a member thereof.
(4) The term of office of members shall be two years, who may serve consecutive terms one time.
(5) The term of office of a substitute member filling vacancy shall be the remaining period of his/her predecessor's.
(6) Where any of the followings is applicable, the Mayor may relieve relevant member of his/her office:
1. Where a member can hardly perform his/her duties due to a personal trouble or other reasons;
2. Where a member divulges classified information that he/she has learned in the course of duties;
3. Where a member is judged to be inappropriate in discharging his/her duties, such as that he/she frequently absents himself/herself from meetings, he/she remarkedly injures the dignity of members, etc.
(7) Members, who are not a public official, attending meetings of the Committee may be paid allowances, travelling expenses, etc. within budgetary limit, as prescribed by Ordinance.

Article 7 (Meetings of Committee) (1) The meetings of the Committee shall be regularly held in each quarter year, and the chairperson may call a temporary meeting with the approval of a majority of members or more if he/she deems needs exist.
(2) A meeting shall be held with a majority of members in attendance, and a decision shall be made with the approval of a majority of members present.
(3) The Committee may have disclosers, persons in charge of public interest disclosure of an investigation agency, interested parties, etc. attend a meeting or request them to submit necessary documents.

Article 8 (Receipt, etc. of Public Interest Disclosure Reports) (1) Every citizen may provide public interest disclosure reports related to the Metropolitan Government to a person falling under the followings: Provided, That even where public interest disclosure reports are provided through a civic organization, the provider shall not be treated discriminatingly:
1. A person, representative of an institution, organization, enterprise, etc., or employer related to violations;
2. Metropolitan Government;
3. Members of the Seoul Metropolitan Council;
4. The Committee.
(2) A citizen who intends to provide public interest disclosure reports shall submit a document (including electronic format) in which following matters are inserted together with evidence of violation of public interest, etc.:
1. Personal data, such as name, resident registration number, address, contact information, etc. of a discloser: Provided, That the discloser wishes anonymity, an attorney may submit the document instead of him/her. The Metropolitan Government shall consult with the attorney except for cases in which a separate investigation of the discloser is needed;
2. A person who commits a violation;
3. Contents of public interest disclosure reports;
4. Purpose of public interest disclosure and reasons therefor.
(3) Notwithstanding paragraph (2), where special reasons exist for which submitting a report is impossible, a verbal report may be made. In such case, he/she shall submit evidence, etc.
(4) A person who receives a verbal report under paragraph (3) shall enter matters stated by a discloser in a report, read what is entered in the report to the discloser and have the discloser put signature or seal thereon.

Article 9 (Protection, etc. of Disclosers) (1) The Mayor shall guarantee the confidentiality of disclosers and reported matters, and take care lest personal information on disclosers be divulged or disclosers suffer from disadvantages due to public interest disclosure. The same shall apply to cases of persons who cooperate in investigations, etc. related to public interest disclosure.
(2) Where a public official related to the receipt and handling of public interest disclosure divulges the personal information of a discloser, etc. or reported matters, the Mayor may reprimand such official and impose a fine for negligence of ten million won or less on such official.

Article 10 (Support, etc. for Disclosers) (1) Where a discloser, etc., their relatives or cohabitants suffer from damage falling under any of the followings or pay expenses due to public interest disclosure, etc., they may request the Mayor to pay relief money:
1. Expenses needed for diagnosis, hospitalization, administration of medication, surgery, etc. for physical or mental treatment;
2. Expenses actually needed for moving due to change of employment, dispatched service, personal protection;
3. Fees for an attorney or certified labor attorney appointed for a lawsuit related to restoration to original state;
4. Lost wages during the period of disadvantageous treatment. The standards for calculation shall be the average monthly amount (hereinafter referred to as "average monthly amount") of wages or actual income for three months before the date on which disadvantageous treatment is received: Provided, That where the average monthly amount is not verifiable, or falls short of average wage, average wage shall be applicable. Average monthly amount shall not exceed two times the average wage, and the period of calculation for payment shall not exceed 36 months;
5. An amount deemed by the Mayor as damage suffered or expenses spent due to public interest disclosure, etc. (where it falls under subparagraph 5 (h) and (i) of Article 2, limited only to cases of the Metropolitan Government).
(2) Where the Mayor receives a request for the payment of relief money under paragraph (1), he/she may pay the relief money after deliberation and decision by the Committee.
(3) With regard to the payment of relief money, the Mayor may inspect the applicant for the payment of relief money and interested parties or inquire of Metropolitan institutions or relevant organizations about necessary matters. In such case, Metropolitan institutions or relevant organizations shall comply with the inquiry unless any special circumstances exist.
(4) If a discloser, etc. or their relatives or cohabitants receive compensation for damage because of damage or spending of expenses under the subparagraphs of paragraph (1), or receive relief money as legal aid under the Protection of Public Interest Reporters Act, etc., relief money shall not be paid to them within the range of such amount.
(5) Where the Metropolitan Government pays relief money, the Metropolitan Government shall subrogate a claim for damage that a person who is paid relevant relief money has because of damage or spending of expenses under the subparagraphs of paragraph (1).
(6) Where the Committee make a suggestion on the support of a discloser, the Mayor may take following measures:
1. Payment of average monthly amount, where a discloser, etc. receive expulsion, dismissal, removal or disadvantageous measures on status equivalent to loss of status: Provided, That average monthly amount shall not exceed two times the average wage, and the period of calculation for payment shall not exceed 36 months;
2. Support for disclosers in their reemployment.

Article 11 (Reward) (1) Where imposition falling under any of the followings brings direct restoration of income or increase in income to the Metropolitan Government finance or legal relations related thereto are determined, relevant person may file an application for reward with the Mayor:
1. Imposition of fines for negligence or charges to compel performance;
2. Imposition of penalty surcharges (including disposition of revocation, suspension, etc. of authorization, permission, etc. where a penalty surcharge system replacing disposition of revocation, suspension, etc. of authorization, permission, etc. exists);
3. Disposition or judgment falling under the followings:
(a) Imposition of local taxes;
(b) Disposition of imposition of charges or additional dues;
(c) Judgment of return, etc. of compensation for damage or undue profits.
(2) Where the Mayor receives an application for reward under paragraph (1), he/she may pay reward by applying the standards for calculation of reward under attached Table 2 of the Enforcement Decree of the Protection of Public Interest Reporters Act mutatis mutandis and after deliberation by the Committee.
(3) Reward shall not be paid if the amount is below 100,000 won. The last three digits of the calculated amount of reward shall be disregarded.
(4) Where a person obligated to make a report on violations to a relevant administrative agency, etc., or a public official, etc. provide public interest disclosure reports in relation to their duties, reward for public interest disclosure may be reduced or payment of reward shall be allowed not to be made.
(5) An application for reward under paragraph (1) shall be filed within two years from the date the appliant learns that legal relations with the restoration of Metropolitan Government's income or increase therein is determined or within five years from the date the legal relations are determined: Provided, That where justifiable reasons exist, this shall not apply.
(6) Where an application for reward under paragraph (1) is filed, the Mayor shall determine whether to pay the reward and the amount thereof within 60 days from the date of application unless any special circumstances exist.
(7) Where inspection on the payment of reward is deemed to be necessary, the Mayor may request an applicant for reward, persons for reference, relevant institutions, etc. to present themselves, make statement, submit data, etc. Where the applicant for reward, persons for reference, relevant institutions, etc. receive a request from the Committee to present themselves, to make statement, to submit data, etc., they shall comply with such request unless any justifiable reasons exist.
(8) Where payment of reward under paragraph (2) is determined, the Major shall, immediately, notify such fact to the applicant for reward.

Article 12 (Prohibition, etc. of Duplicate Payment of Reward and Relief Money) (1) A person who is to be paid reward or relief money shall not be prohibited from applying for reward, relief money, etc. pursuant to other Acts and subordinate statutes: Provided, That where a discloser files an application pursuant to other Acts and subordinate statutes, he/she shall notify the Mayor thereof.
(2) Where a person to be paid reward or relief money pursuant to this Ordinance receives reward or relief money pursuant to other Acts and subordinate statutes on the same ground, and the amount of the reward, relief money, etc. under other Acts and subordinate statutes is the same or above the amount of reward or relief money to be paid pursuant to this Ordinance, reward or relief money shall not be paid; where the amount of reward, relief money, etc. under other Acts and subordinate statutes is below the amount of reward or relief money to be paid pursuant to this Ordinance, the amount of reward or relief money under this Ordinance shall be determined after subtracting such amount.
(3) Where a person to be paid reward, relief money, etc. pursuant to other Acts and subordinate statutes has been paid reward or relief money pursuant to this Ordinance on the same ground, the amount of reward, relief money, etc. under other Acts and subordinate statutes shall be determined after subtracting already paid reward or relief money under this Ordinance.

Article 13 (Establishment and Operation of Public Interest Disclosure Center) (1) For the efficient receipt and handling of public interest disclosure reports, the Mayor shall establish and operate a public interest disclosure center (hereinafter referred to as "Center").
(2) The Mayor may establish a team in exclusive charge of following duties and have the team perform duties of the Center:
1. Handling of overall public interest disclosure reports received by the Metropolitan Government by online, mail, telephone or other means;
2. Analysis and handling of disclosure reports handed over from other institutions, organizations or enterprises;
3. Handling of duties of support for and protection of disclosers.
(3) Where a public interest disclosure report is received or handed over from other institutions, the Center shall immediately analyze the case and notify the discloser of whether to investigate the public interest disclosure report within ten days.
(4) Where the Metropolitan Government has the authority of guidance, supervision, regulation, investigation, etc., the Center shall take investigation measures; where the Metropolitan Government does not have authority over a public interest disclosure report although the contents thereof are appropriate, the Center shall hand over the case to a competent institution with opinions of the Center attached thereto and closely observe handling of the case. Where a public interest disclosure report is to be turned down even though it is related to the Metropolitan Government, it shall be turned down after being sanctioned by the head of competent division (hereinafter referred to as "relevant official") and the relevant official shall, every month, make a report of all the relevant documents of the matters that have been turned down to the Mayor.
(5) The period of inspection shall be within 60 days, but may be extended if necessary.
(6) Where measures of protection and support are necessary after receipt of a public interest disclosure report, the Center shall make an immediate report to the Committee.
(7) The present situation of receipt of public interest disclosure reports shall be reported to the Mayor every month and to the Committee and Seoul Metropolitan Council every quarter year, and relevant measures shall be taken.

Article 14 (Selection of Discloser Protection Environment Creation Projects) (1) In order to construct foundations for the protection of and support for disclosers, the Mayor may select a discloser protection environment creation project (hereinafter referred to as "environment creation project").
(2) Selection of an environment creation project under paragraph (1) shall be deliberated by the Committee.

Article 15 (Designation of Enterprises Excellent in Protecting Disclosers) The Mayor may designate an enterprise excellent in protecting disclosers in comprehensive consideration of following matters:
1. Stating the provisions of protection of disclosers clearly in the articles of incorporation;
2. Posting the provisions of protection of disclosers at an open place;
3. Reporting on matters of protection of disclosers to the board of directors two times or more a year;
4. Appointing a registered director to the post in overall charge of the duties of protecting disclosers;
5. Appointing three or more persons per rank as a person who receives public interest disclosure reports;
6. Keeping received public interest disclosure reports for five years or more;
7. Examining every quarter year measures taken after disclosers make a report;
8. Whether irregular employees, etc. are also protected for their public interest disclosure;
9. Implementing education of protection of disclosers to all the executives and staff members two times or more a year;
10. Implementing regular education to persons in charge of receiving public interest disclosure reports.

Article 16 (Expansion of Participation by Private Enterprises, etc.) The Mayor may take following measures so that private enterprises, organizations, juristic persons, etc. in his/her jurisdictional area participate in the protection of and support for disclosers:
1. Composition and operation of a consultative body with enterprises, economic organizations, civic groups, etc. in his/her jurisdictional area for the settlement of a system of protecting disclosers;
2. Support for the publicity of enterprises, etc. in his/her jurisdictional area excellent in protecting disclosers.

Article 17 (Support with Preferential Purchase, etc.) The Mayor may render preferential treatment to enterprises excellent in protecting disclosers in concluding a procurement contract for goods or services or in purchasing goods and services, as prescribed by relevant provisions.

Article 18 (Exceptions to Payment of Subsidies) The payment of subsidies to a project selected as an environment creation project shall be as prescribed by the Seoul Metropolitan Government Ordinance on the Management of Subsidies, but the Mayor may grant support according to the results of deliberation of the Committee for the swift promotion of such project.

Article 19 (Awarding Citations) The Mayor may award a citation to public officials, individuals, enterprises and organizations that have made a conspicuous contribution to protecting disclosers.

Article 20 (Support with Education) The Mayor shall actively develop an education program for the protection of disclosers for the formation and settlement of social bond of sympathy, and may support part of necessary expenses to enterprises and educational institutions participating in the implementation of such program.

Article 21 (Publicity, etc.) The Mayor shall take following measures to promote citizens' understanding of a discloser protection system:
1. Seeking exemplary cases and support in the proliferation thereof;
2. Proliferation of understanding of the discloser protection system, such as holding of specialist forums and workshops of interested parties.

Article 22 (Exceptions to Handling Civil Petitions) The Mayor may handle civil petitions concerning the protection of disclosers in preference to other civil petitions.

Article 23 (Enforcement Rules) Matters necessary for the implementation of this Ordinance shall be prescribed by Rules.