Cracking the Code: Uncovering the Hidden Challenges of Corporate Internal Investigations on Nonhyeon-ro
- Corporate audit teams are often portrayed as intimidating figures in dramas, but the reality is that employees in these teams face numerous difficulties, including lawsuits, accusations, and reports...
- A common problem that employees handling internal investigations face is workplace bullying reports.
- The workplace bullying system has contributed significantly to protecting workers' human rights, but there are some institutional shortcomings.
Behind the Scenes of Corporate Audit Teams: Challenges and Concerns
Corporate audit teams are often portrayed as intimidating figures in dramas, but the reality is that employees in these teams face numerous difficulties, including lawsuits, accusations, and reports while dealing with the subject of the investigation.
Workplace Bullying Reports: A Growing Concern
A common problem that employees handling internal investigations face is workplace bullying reports. The subject of the investigation may claim that they were coerced or treated unfairly during the investigation and report the investigator for workplace bullying.
The workplace bullying system has contributed significantly to protecting workers’ human rights, but there are some institutional shortcomings. One of these is that the company must conduct an investigation into workplace bullying regardless of who reports it for whatever reason.
Personal Information Protection Act Issues
Personal Information Protection Act issues also frequently arise during internal investigations. Whether the company has followed proper procedures under the Personal Information Protection Act in the process of investigating or receiving work-related PCs, mobile phones, and other materials is always an issue.
Gathering Evidence: A Delicate Process
Problems can also arise during the process of gathering evidence. Misconduct does not only occur within the company, but there are cases where a company receives reports of employees meeting with others outside the company and exchanging confidential information or money.
The Stalking Punishment Act: A Concern for Audit Team Members
The issue that audit team members are worried about recently is the Stalking Punishment Act. The Stalking Punishment Act originally prohibited following or watching the other party “without just cause,” and it does not seem to be a law to punish corporate misconduct audits. However, due to the ambiguity of the phrase “without just cause,” the actual audit team members are suffering from the fear of being sued, reported, and criminally punished.
Interview Process: A Balancing Act
The interview process with the subject of the investigation is also problematic. While a closed space may be essential for investigating misconduct, this practice has also been problematic, and recently, there was a case where the investigator was accused of confinement for being ‘confined’ during an internal investigation.
The Need for Clear Judgment and Exemplary Business Practices
It is natural that even the audit team must follow the law. However, in many cases, the law is ambiguous, so it is not clear what can and cannot be done, which becomes a problem. Clear judgment from the court is also necessary, but the government and companies need to make efforts to create and establish exemplary business practices.
Attorney at Law, Yulchon Law Firm (Limited)
