Prime Minister Suga's eldest son, "Former Ministry of Posts and Telecommunications bureaucrats" Background of illegal entertainment-Importance of "compliance advisor"
If you write the contents roughly
Local governments also have whistleblower contact points in relation to the Whistleblower Protection Act, but I don't hear many local governments that have "compliance advisors" who are directly commissioned by the chief.
Mr. Masatake Suga, the eldest son of Prime Minister Suga, who works for a broadcasting company, has been illegally entertaining four executives of the Ministry of Internal Affairs and Communications who hold the license ... → Continue reading
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Whistle-blowingWhat is (Naibu Kokuhatsu)?組織(Company) Internal human beings are wrong or wrong with their organization (decreeViolations, etc.), external regulatory agencies (regulatory agencies, etc.)News agencyIt is an act of notifying and disseminating information.Of the organizationScandalAnd its concealment are often revealed by this whistleblower.Clear streamAnonymous account is a global case discovered by whistleblowers.ABB GroupIn both 2007 and 2014cartelFirst accusedEuropean CommissionIs exempt from sanctions.
In addition, it is done to the internal audit department by "internal" report "", outside the company (Mass mediaIn many cases, the term "whistle-blowing" is used to refer to "whistle-blowing" or "accusation", but they all have the common point that they are recognized as acts that should be encouraged.Regarding the former, the management支店Etc. on-site fraudScandalSome companies have created a whistleblower system as a means of knowing.However, whistle-blowing does not work as designed by the system alone.In order to encourage accusations, it is necessary to reform awareness through employee education in addition to system design..
As a law regarding whistleblowers in Japan,Public Interest Whistleblower Protection ActThere is.
Required requirements for whistleblowers
- Facts to be reported, that is, grounds and evidence that can prove the legitimacy of the content of the accusation are required.
- the purpose
- It has a public interest and has no purpose of harm.
- Accusation destination
- If the public interest reporting window (helpline) in the company is functioning effectively, it should be selected first in the sense that it requires improvement efforts within the company.In addition, regulatory agenciesMass media・ Third parties such as general residents may be selected..
By past practice, whistle-blowing was usually considered a betrayal by the organization...Therefore, whistleblowers are inevitably perceived as unfavorable by organizations and related industries.As a result, there are a number of cases in which a person who announces an organization's fraud or wrongdoing for the public good is treated unfavorably by the organization or related industries, sanctioned, or banished from the industry. That's right.
Whistleblowers play a very important role in knowing and correcting organizational injustice.Therefore, it is necessary to protect whistleblowers from improper retaliation by such organizations, and legislation will be promoted in each country.
The United States of AmericaThen.1989"Whistleblower Protection Act (Whistleblower Protection Act) ”,英国Then.1998To "Public Interest Disclosure Law (Public Interest Disclosure Act) ”Is established.Equivalent to this in JapanlawAs,2004(Heisei16 years)Public Interest Whistleblower Protection ActWas established.
Adverse activities against JapanInternational includingIntelligence activitiesExposedStanislav Levchenko,Vasili MitrokhinAsylum in the United States and the United Kingdom, respectively.Detail isLevchenko case,Mitrokhin ArchiveSee also Government Accountability Project To sayNPO Edward SnowdenAnd so on.
Public Interest Whistleblower Protection Act
The law is just "Law to protect whistleblowersIt is not the main axis to detect the misconduct of the organization.Therefore, the protection of whistleblowers does not necessarily lead to the detection and correction of misconduct in the organization.
Even after the law came into force, corporate sanctions have been imposed on whistleblowers.In addition, the requirements for protected accusations and reports are variously limited, and the position of the accusatorAnd tied up to the report destinationThere is.For this reason, some have pointed out that the law does not provide sufficient protection for whistleblowers..
Bar Association consultation desk
As a consultation desk for those who are considering whistleblowersBar associationHas set up a free or inexpensive consultation desk (see the external link at the end of the article).The law stipulates various requirements for whistleblowers to be protected, and careless whistleblowers outside the company will not be protected.That point,LawyerToconfidentialityTherefore, even if you consult with a whistleblower, you can be asked to show a reliable procedure for the method of accusation and protection of your status without being regarded as a complaint to the outside of the company.
Risk of becoming a whistleblower
Sanctions and retaliation against whistleblowers
- 1974ToTrackThe darkness of the industrycartelAccusedTonami TransportFormer employee (20069/20Retirement ageretirement）Hiroaki KushiokaBut the accusationAnonymousFor 32 years because it was not doneVacant jobWas only given.Kushioka treated this treatment as an unfair retaliation against whistleblowers.2002In January, a lawsuit was filed against Tonami Transport Co., Ltd.2005(Toyama District Court, February 17, 2).
- 20047,Mitsubishi Heavy Industries Kobe ShipyardA 54-year-old man who worked for several ships at the shipyardEmployeeby"Supervising engineer』In-house as if there was an illegal acquisition of the qualification certificatecomplianceTo the committee電子 メ ー ルWhen I made a report at, I was taken off the charge of design assistance and was sent to a sinecure, and further20076To affiliated companiesSecondedCancellation of secondment because he was ordered to take leavePalimonyAsk for payment of 110 million yenLabor refereeTheKobe District CourtCaused to.
- 2005January,Ehime Prefectural PoliceRailway policeMember ・Toshiro SenbaBut at the police headquartersBack metalWhen I announced the existence of, even during workHandgunWas not lent, and was suddenly transferred to a communication command room that had nothing to do with work experience.The Ehime Prefectural Personnel Commission ordered the police headquarters to "return to the original job because of unfair personnel."
- February 2006 (Public Interest Whistleblower Protection ActAfter the enforcement of),ToyotaAffiliated sales companyOsaka Toyopet(CurrentOsaka Toyota Motor) Employees whistle-blowered the helpline established by the Toyota Motor Dealers Association for inflating sales results by forging sales contracts, and served as the contact point.a lawer officeReported the employee's name to Osaka Toyopet (this isconfidentiality(It is a violation), Osaka Toyopet issued an incident to the employee to wait at home on the 10th..
- 2007 years,East Nippon Expressway Niigata BranchOrderedJoshinetsu ExpresswayIn the Kumasaka tunnel constructionconcreteAccused of cutting-edge work due to lack of thickness,PS Mitsubishi-Kitano ConstructionJoint venture OfSubcontractor OfSite supervisor(At that time), but after waiting at homeDisciplinary dismissalWas done.After that, by retiring due to company circumstancessettlement.
- 2007 year 4 month,OlympusRegarding the act of pulling out another company's employee that the boss at that time recommendedUnfair Competition Prevention LawReported to the company's compliance helpline office that there was a suspicion of violation.However, the person in charge of the room also sent an e-mail with the whistleblower to the boss and the human resources department who were the parties concerned, and the employee who made the whistleblower was transferred to a different department.2008In February, the employee sought to cancel the transfer, claiming it was an illegal retaliation.Tokyo District CourtIn 2011, the employee's complaint was finally approved and the retaliatory personnel proceeding was won..
- 2010January,Takamatsu内 の金属 加工A male employee who worked for the company, this companySalaryForeheadMinistry of Health, Labor and WelfareBy underreporting to etc.Social insurance premiumTakamatsu Nishi, feeling that he is suppressing the burden ofPension officeWhen the office received this and investigated it,insuranceIn addition to underpayment of feesSubsidyIt was also discovered that he had illegally received 110 million yen.However, immediately after that, this employeeHourly wageCan be lowered, ignored internally, etc.Power harassmentI got sick because of this20123Retired to.2012 for men8/17Asked this company to pay a total of 200 million yen, including compensationTakamatsu District CourtIs currently in dispute with the company.
- 2012January,FukuokaOgori OfhandicappedAt a employment support facilityAbuseWhen the incident occurred, two staff members said, "FormerManagementMan (Assault crime(Convicted by etc.)Intellectually Handicapped IndividualI'm abusive toFukuoka Legal Affairs BureauReport to.However, he is the father of a male manager and the operator of the facility.NPO corporationLibro (bookstorechain OfLibro Co., Ltd.After being ordered to switch to part-time work by the president (unrelated to), he was forced to retire from January 2013, and when he refused, he said that he had "finished the trial period".DismissalWas done. The two applied to the Fukuoka Labor Bureau for mediation by the Conflict Coordination Committee, but after the dismissal of Libro due to unsuccessful negotiations with Libro.wageTo pay for 20137/26WithFukuoka District CourtToLabor refereeAlleged..After that, the NPO Libro went to the Fukuoka District Court on November 2017, 11.Self-bankruptcyApplied for.
- 2013November, Ministry of Health, Labor and Welfare,NEDOAnd pharmaceutical companies joint national projectJ-ADNIWhen a data falsification incident occurred in, the person in charge of verificationTokyo UniversityThe professor accused the Ministry of Health, Labor and Welfare official of this, but the official電子 メ ー ルWas transferred to another professor at the University of Tokyo, who is the principal investigator.The verifier was forced to resignPress conferenceI had to open.
- 2018,Yamaguchi Tabuse TownStaff whistle-blowered a tax collection error, but the town reassigned the staff three times in two years, and20206It was revealed by the town council that he was currently transferred to the department in charge of compiling the town history in a private room for one person...The town claims to be a legitimate move, but Congress saysPower harassmentIt has been pointed out that criticism is flooding from various places, and the town hall is being criticized.Bomb advance noticeE-mailHas also occurred, such as being sent.
Mistakes and concealment of supervisory ministries
Whistle-blowing is an act that has an important element to correct the injustice of the organization, but whistle-blowing is such as creating a cause that puts the whistle-blowing person at risk or leaving the whistle-blowing unattended to spread the damage. The poor attitude and response of the supervising ministries and agencies that are supposed to receive and dispose of them often becomes a problem.
Notification of personal information of whistleblowers
Whistleblowers, despite the high risk of inducing unfair sanctions and retaliation against corporate whistleblowerspersonal informationThere is a problem of providing (name, etc.) to the company.
Discovered in 2002TEPCO Nuclear Power Trouble Hidden CaseReceived a whistleblowerMinistry of Economy, Trade and IndustryNuclear Safety and Safety AgencyHowever, the material including the name of the whistleblower,TEPCOIt turns out that it was informing.
2013 years,TokyoSetagayaThe Setagaya Health Center, which is set up by the company, notified the company of the name of the person who made the whistleblower regarding hygiene management.Whistleblowers on the same dayDismissalWas done.
In 2014, the Ministry of Health, Labor and WelfareJ-ADNIFrom the person in charge of verification who accused the data falsification of電子 メ ー ルTransferred to the principal investigator as it is.The verifier was forced to resign.
Whistleblower neglect problem
Whistleblowers have been neglected or ignored, delaying the detection of fraudulent organizations, and the whistleblowers filed against regulatory agencies have not been put to good use, causing problems such as corporate fraud being neglected and causing further damage.
2007January,HokkaidoFood processing wholesale companyMeat hopeHowever, it has been disguised as a quality label for minced beef for many years.News reportIt became public by, but about a year before thatHokkaido Government,Ministry of AgricultureThere was a whistleblower against him.However, the response of the ministries was sluggish, and the whistleblower was virtually neglected.As a result, for about a year, the falsely labeled beef minced meat could not be prevented from being distributed in the market, and it continued to cheat while knowing the fraud of Meat Hope, and the response of the government office was regarded as a problem..
In addition,JAS methodviolation(Food camouflageEtc.) whistleblowerPublic interest reportHas started the public interest reporting system2006In the next 5 yearsJapanese GovernmentAnd eachPrefecturesIn response to this, a total of 63 cases have been received, but there have been no cases that led to the "improvement instruction" in which the name of the violating business operator was announced, and there were strong opinions that questioned the effectiveness of the system. ing.
Case of whistleblower
- 2000- Hidden recall by Mitsubishi Motors Ministry of TransportTo (at that time)Mitsubishi MotorsInjusticeAnonymousThe incident was discovered by telephone accusation.
- 2002- Beef camouflage case(Snow Brand Food-Nippon Ham-Ito HamEtc.) Discovered by accusation of a warehouse company.
- 2007- Yoshiba Senba Food fraud was discovered by accusation to the public health center regarding confectionery sales.
- 2015 - Chemistry and Serum Therapy InstituteInjusticevaccineManufacturing case.Ministry of Health, Labor and WelfareAnonymous letter to the editor arrived, claiming to be a Kaketsuken employee, and stating that he was "painful" for violating the law.On-site investigation revealed fraud for more than 40 years, leading to a 110-day suspension order.
- 2016 - Toa Construction Industry OfTokyo International AirportAtRunwayInLiquefaction phenomenonData falsification problem of countermeasure construction. The second subcontractor notified the Toa Construction Industry Headquarters through the first subcontractor..
In English, the whistleblowerWhistle blower(Whistleblower, literally "whistleblower").The word itself has existed since the 19th century, but modern usage is American citizen activist.Ralph NaderIt is due to.Until then, there were only negative names like "informer" and "snitch", so in the early 1970s Nader diverted the word whistle blower and spread it..
The term is related to the use of a whistle to alert the public and the crowd about bad situations, such as crimes and rule violations during sports games.whistle blowerThe phrase originally referred to law enforcement officers (police officers) in the 19th century, who used whistles to draw attention to the public and fellow police officers...In addition, sports referees also blow whistles when there is an offense, so the same applies.whistle blowerWas called.. In a 1883 newspaper article, a policeman who whistled against a rioting citizen,whistle blowerIs written. By 1963, this phrase was hyphenatedwhistle-blowerIt came to be written as.
In the 1960s, journalists began to use the term for people like Nader who revealed cheating.in the endwhistleblowerDeveloped into a compound word.
- Satoshi Ota, "Internal Accusation Manual"ISBN 482841018X
- Toshihiro Okuyama, "The Power of Internal Accusations-What Does the Whistleblower Protection Act Protect?"
- Toshihiro Okuyama et al., "Rupo Internal Accusation"
- ^ "The limit of whistle-blowing that the top of McDonald's talks about without hotline function" delivered on December 2007, 12 Nikkei Business Online Nikkei BP
- ^ http://www.futoukaiko.com/cont4/page10.html Unfair dismissal.com
- ^ Eiichi Tanizawa"Who did this in Japan" (, 1995)ArgumentQuoting "The child hides for the father, the father hides for the child, there is honesty in it", "If the right thing is set as the standard of morality, it becomes an endless controversy, and in some cases Is justice even if you sell the secrets of your country to the enemy. "General contractorRegarding the whistleblower of the collusion, "What is the feeling of selling your company?USSRI sold Japan calmly toHidemi OzakiIt must have been similar to the above (P49-50).
- ^ Whistleblower Protection Act, Article 2, Paragraph 1, Paragraph 2 (Whistleblower Protection Act # Protected Persons(See)
- ^ Article 3 of the Whistleblower Protection Act-The whistleblowers are divided into three categories: labor providers (business establishments), administrative agencies (supervisory agencies, etc.), and other external parties (media, etc.). The latter has stricter protection requirements.
- ^ Contents and issues of the Whistleblower Protection Act(April 2006, 4 Abstract of Lecture) Takajo Law Offices
- ^ Opinion on "Public Interest Whistleblower Protection Bill" Japanese Labor Lawyer
- ^ Claims for damages (commonly known as Tonami Transport Damages) --Judgment information (court website)
- ^ "Retaliation for fraudulent charges" Mitsubishi Heavy Industries, petition for cancellation Asahi Shimbun September 2008, 9
- ^ Whistleblower instructed employees to wait at home Osaka Toyopet --Asahi Shimbun June 2006, 6
- ^ TBS TV-Rumored! Tokyo Magazine"Rumor site" I can't run with peace of mind! Discovered cut-out work! Whistleblower's distress (broadcast on April 2008, 4)
- ^ Sanctions due to internal accusations, Olympus employees file for human rights relief Yomiuri Shimbun February 2009, 2
- ^ "Power harassment due to whistleblower" complaint ... Kagawa Yomiuri Shimbun May 2012, 8
- ^ "Unfair dismissal" due to disability abuse charges ... Appeal complaint Yomiuri Shimbun May 2013, 8
- ^ "Libro: NPO corporation, self-bankruptcy total debt XNUMX million yen Ogori / Fukuoka”(Japanese). Mainichi Newspapers (September 2017, 11). 2020/6/24Browse.
- ^ [Asahi] Dated March 2014, 1"Forward the accusation email and respond to the professor.
- ^ a b One whistleblower staff member transferred to department Power harassment pointed out Yamaguchi Tabuse Town NHK News August 2020, 6
- ^ 2002/9/13 Nihon Keizai ShimbunMorning and evening editions
- ^ "Setagaya Health Center leaks whistleblower information Dismissal of whistleblower and accuser on the same day + (1/2 page) --MSN Sankei News". web.archive.org (September 2013, 7). 2019/11/20Browse.
- ^ [Asahi] Dated March 2014, 1"Forward the accusation email and respond to the professor.
- ^ Fake minced meat left whistleblower for over a year Agricultural Administration Office --Asahi Shimbun June 1, 2007
- ^ Public interest reporting system: Zero "improvement instructions" in 5 years Effectiveness problem Mainichi Newspaper March 2012, 1
- ^ http://www.asahi.com/sp/articles/ASHD34G0QHD3UBQU00G.html
- ^ http://www.nikkei.com/article/DGXLASDG06HC1_W6A500C1EA2000/
- ^ Nader, Petkas, and Blackwell, Whistleblowing (1972).
- ^ a b "The meaning and origin of the expression: Whistle-blower". The Phrase Finder. Gary Martin. 2017/1/27Browse.
- ^ "Etymonline.com”. Etymonline.com. 2012/7/8Browse.
- ^ "Wordorigins.org”. Wordorigins.org. 2012/7/8Browse.