The Development of Laws to Protect State Official Who are Whistleblowers in Corruption and Misconduct Cases
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Abstract
This academic article aims to analyze legal problems regarding the protection of state officials who are whistleblowers in corruption and misconduct cases by using utilitarianism, fraud triangle, hierarchy of needs theory, opportunity theory, principle of proportionality and non-discrimination principle. Including relevant legal principles of the United States, Commonwealth of Australia, and Republic of Korea as a framework for analysis.
Findings are as follows: Although the Organic Act on Anti-Corruption, B.E. 2561 stipulates that the state must have guidelines for organizing effective measures or mechanisms to strictly prevent corruption and misconduct. But at present, it is found that there are no clear legal measures to protect state officials who are whistleblowers in corruption and misconduct cases. Legal problems that directly affect the confidence of state officials who come to report whistleblowing are: delays in considering the transfer of state officials who are whistleblowers; Providing benefits or rewards to state officials who are whistleblowers; and Mandatory conditions and central standards for the protection of state officials who are whistleblowers. Therefore, solutions must be found and the development of such laws to be effective and build confidence in state officials who are whistleblowers in corruption and misconduct cases.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
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