│Sustainablity

Guidelines for filing and handling public interest reports

Chapter 1 General Rules

Article 1 (Purpose) 

 The purpose of these guidelines is to contribute to the prevention of public interest infringement and the revitalization of the public interest whistle-blower protection system by establishing business procedures for the reception and processing of public interest reports reported to Kookmin University in accordance with the Public Interest Reporters Protection Act (hereinafter referred to as 'Act') and the Enforcement Decree of the Act, and the protection and support of public interest whistle-blowers.

Article 2 (Definitions) 

The definitions of terms used in this Guideline are as follows.

1. 'Public interest infringement' means an act falling under Article 2 (1) of the Act that infringes on the public interest and fair competition in relation to the University and its members.

2. 'Public interest report' means reporting, complaining, reporting, suing, accusing, or providing clues to an investigation into an act of public interest infringement that has occurred or may occur. However, a public interest report shall not be considered as a public interest report if it falls under any of the following items.

   a. The person makes a public interest report despite knowing or being able to know that the report is false.

   B. A person makes a public interest report for the purpose of requesting money or preferential treatment in labor relations or for any other fraudulent purpose.

3. "Public interest reporting, etc." means making statements, testifying, or providing materials in investigations, investigations, and lawsuits related to public interest reports and protection measures for public interest reporters.

4. "Public interest reporter" means a person who has made a public interest report.

5. "Public interest reporter, etc." refers to a public interest reporter and a person who makes a statement, testifies, or provides data in an investigation, investigation, or lawsuit related to a public interest report and measures to protect public interest reporters.

Article 3 (Scope of Application) 

These guidelines shall apply to officers, faculty, staff, and students who are subject to the Articles of Incorporation of [Kookmin] , a school corporation of Kookmin University, and the academic rules and regulations of Kookmin University.

Article 4 (Duty to Report) 

The president, faculty, staff, and officers of the school corporation shall report without delay any infringement of public interest in the following cases.

1. The president, faculty members, and employees of the school corporation abuse their position or authority in connection with their duties or violate laws and regulations to promote their own or third parties' interests

2. causing property damage to a public institution in violation of laws and regulations in the use of school and school corporation budgets, acquisition, management, and disposal of public institutional property, or the conclusion and execution of contracts involving a public institution as a party.

3. forcing, recommending, suggesting, or inducing acts under items 1 and 2 or concealment thereof

If a public interest reporter intentionally makes a report against another person for the purpose of slander or defamation, he/she may be prosecuted by an investigative agency.

Article 5 (Responsibilities) 

① Universities and school corporations shall endeavor to activate public interest reporting by preparing necessary measures to protect public interest reporters, etc.

② Universities and school corporations shall endeavor to ensure that the relevant budget and manpower are sufficiently secured for the receipt and processing of public interest reports and the protection of public interest reporters.

Article 6 (Duties) 

The Human Rights Center shall perform the following tasks related to public interest reports and protection of public interest reporters.

1. Receiving and investigating public interest reports

2. Provide counseling and relief procedures to public interest reporters, etc.

3. Other tasks necessary for the protection of public interest reporters, etc.

The Human Rights Center shall conduct consultations and investigations in good faith, report to the President, and recommend appropriate remedies.

Article 7 (Public Interest Report Review Committee) 

The Integrity Advisory Committee (hereinafter referred to as the "Committee") shall deliberate on the following matters related to public interest reports and the protection of reporters.

1. Matters related to counseling, investigation, and termination of public interest reports

2. Matters concerning the citation or dismissal of appeals

3. Other important matters necessary for the protection of public interest reports and reporters

Chapter 2 Consultation and Receipt of Public Interest Reports

Article 8 (Consultation on Public Interest Report) 

① Any person who is aware of an act of public interest infringement on campus or who may be subject to public interest infringement may apply for counseling in accordance with the regulations of the Human Rights Center.

② The counselor in charge of counseling shall respond to the application for counseling without delay, and shall ensure that the identity of the public interest reporter or the contents of the report are not leaked during the counseling.

Article 9 (Method of Public Interest Reporting) 

A person who wishes to make a public interest report shall submit a document (hereinafter referred to as a "report") containing the following items to the director of the Human Rights Center, along with evidence of public interest infringement, in person, by mail, or by e-mail.

1. personal information such as the name, social security number, address, and contact information of the public interest reporter

2. the person committing the public interest infringement

3. Contents of the public interest infringement

4. the purpose and reason for the public interest report

② The head of the Human Rights Center may request supplementation within a reasonable period of time if the information in the report under the preceding paragraph is missing or the contents of the supporting documents are not clear.

③ Notwithstanding Paragraph (1), if there are special circumstances that prevent the submission of a written report, a report may be made orally, in which case the person receiving the report shall write down the report and read it to the complainant and obtain a signature seal.

Article 10 (Selection of Representative) 

If two or more persons file a joint report of the same public interest infringement, one of them may be selected as the representative.

Article 11 (Withdrawal of Report) 

A reporter may withdraw a public interest report in writing before the conclusion of the investigation.

Article 12 (Applicability) 

Unless otherwise specified, the Human Rights Center's regulations shall apply to matters related to the consultation and investigation of public interest reports so that they can be handled promptly and accurately.

Chapter 3 Public Interest Report Processing and Remedies

Article 13 (Dismissal of a Report) 

The Human Rights Center shall dismiss a report if the report falls under any of the following subparagraphs.

1. the complainant has withdrawn the report

2. the personal information of the complainant is unknown

3. there is no evidence to prove the violation of public interest

4. the complainant has received two or more requests for supplementation of the report or evidence, etc. and has not supplemented it during the supplementation period

5. the complainant has been notified of the outcome of the handling of the complaint and has filed the complaint again without justifiable cause

6. an investigation of the public interest infringement has been initiated or has already ended under other laws and regulations

7. another law or its delegation prohibits the investigation of the public interest infringement in question.

Article 14 (Dismissal of a Report) 

The Human Rights Center shall dismiss a report if the contents of the report fall under any of the following subparagraphs.

1. the content of the report is not related to the public interest violation

2. the contents of the report are deemed to be manifestly false or without reason

3. the content of the public interest report corresponds to the content disclosed through the media and there is no new evidence other than the disclosed content.

Article 15 (Handling of Reports) 

The Human Rights Center may verify the personal information of the complainant, the circumstances and purpose of the public interest report, and other matters necessary to specify the contents of the report, and may require the complainant to submit necessary materials to the extent necessary to verify the authenticity of the report.

After concluding the investigation, the Human Rights Center shall report the results to the President and, if necessary, may recommend measures to eliminate or prevent public interest violations.

③ If the Human Rights Center determines that the investigation does not constitute an act of public interest infringement, but that appropriate measures are necessary to prevent public interest infringement, it may refer the matter to the relevant department.

Article 16 (Case Closure and Notification) 

The Human Rights Center shall close a case when any of the following items apply.

1. Resolution of the Public Interest Report Review Committee

2. dismissal of the report

3. closure of the investigation

The Human Rights Center shall notify the complainant when it closes a case pursuant to the preceding paragraph.

Article 17 (Remedies) 

① The President shall take measures to eliminate and prevent acts of public interest infringement and shall notify the complainant of the results of such measures.

② The President may request the cooperation of the National Human Rights Commission and investigative agencies when necessary to prepare and implement measures to eliminate and prevent public interest infringements.

Article 18 (Appeal) 

① If the applicant objects to the outcome of the closure process, he/she shall submit an appeal in writing within 7 days from the date of receiving the notification, stating the purpose and reasons for the appeal.

② The President shall review the appeal and, if he/she determines that there are substantial reasons for the appeal, shall require the Human Rights Center or the committee to conduct a re-investigation.

The President shall notify the complainant of the outcome of the appeal without delay.

Chapter 4 Protection and Support for Whistle-blowers and Others

Article 19 (Duty of Confidentiality) 

① No person, knowing that a person is a public interest reporter, etc., shall inform, disclose, or report to another person his/her personal information or facts that may be known inferring that he/she is a public interest reporter, etc. However, this shall not apply if the public interest reporter has consented to the disclosure.

② No person shall disclose the contents of a public interest report, including the personal information of the respondent, before the result of the investigation into the report is confirmed to be an act of public interest infringement.

③ The President shall identify the circumstances and take necessary measures, such as requesting disciplinary action, against any person who discloses the personal information of a public interest reporter or the contents of a report in violation of the preceding paragraph.

Article 20 (Prohibition of Disadvantageous Measures, etc.) 

① No one shall take any disadvantageous measures against anyone for making a public interest report.

② No one shall prevent anyone from making a public interest report or force anyone to cancel a public interest report.

Article 21 (Prioritized consideration of personnel measures, etc.) 

① If a faculty member who has filed a public interest report requests a personnel action such as transfer, transfer, transfer, or temporary work, the request shall be given priority consideration if the request is deemed to be valid.

② Faculty and staff members who make public interest reports or make outstanding contributions to the protection and support of public interest reporters may be given preferential personnel treatment, commendations, and awards.

Article 22 (Reduction of Liability) 

① When it is necessary to discipline or take unfavorable action against a public interest reporter due to misconduct discovered in connection with a public interest report, the discipline or action may be reduced or waived.

② If a public interest report is made in accordance with the Act and these Guidelines, it shall be deemed not to have violated the duty of professional confidentiality, notwithstanding the relevant provisions of other laws, collective agreements or rules.

Article 23 (Supplementary Rules) 

Matters not specified in these Guidelines shall be as stipulated in relevant laws and regulations. However, if it is advantageous to the public interest reporter to apply other regulations in relation to the specified contents, the regulations shall be applied.

This Guideline shall take effect on October 1, 2022.