Consumer Affairs Agency Japan

Transcription

1 Consumer Affairs Agency Japan 1

2 Various corporate scandals to endanger the safety of consumers including improper food labeling and recall cover-up became clear with whistleblowing from workers. In accordance with the above situation, the Whistleblower Protection Act was enacted. (entry into force: April 1, 2006) 2

3 Business operator Inception ( report route) Revealed issues Result Car manufacturer M Worker Administrative organ No notification for the automobile defect Violation of Road Transport Vehicle Act Administrative Action University hospital T Hospital insider President of the University, Families of patients Manipulation of the medical record for concealment of the medical error Violation of Penal Code Arrest Food manufacturer Y Customer Prefectural police Improper food labeling Violation of Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products, etc. Administrative Action Chemical manufacturer K Anonymous person Administrative organ Manufacturing of flavoring agent using illegal substance Violation of Food Sanitation Act Administrative Action Food manufacturer D Worker Administrative organ Manufacturing of foods using illegal substance Violation of Food Sanitation Act Administrative Action 3

4 To protect the Whistleblower to provide Nullity of dismissal of Whistleblower etc. on the grounds of Whistleblowing Measures that the Business operator and Administrative organ shall take with concerning the Whistleblowing To promote compliance with the acts and regulations concerning the protection of life, body, property, and other interests of citizen Thereby to contribute to the stabilization of the general welfare of the life of the citizens and to the sound development of socioeconomy 4

5 The term Whistleblowing means ⅰ By a worker (including national / local government employee) ⅱ Without a purpose of obtaining any other wrongful purpose ⅲ About reportable fact in the workplace ⅳ (1)To the said Business operator (2)To an administrative organ (3)To Press, Consumer organization, etc 5

6 Fact of criminal act provided in the Acts concerning the protection of interests such as the protection of individuals lives and bodies the protection of interest of the consumers the conservation of the environment the protection of fair competition the protection of citizen s lives, bodies, property and other interests 6

7 Nullity of Dismissal Prohibition of Disadvantageous Treatment 7

8 ⅰ. Notice of Remedial measure ⅱ. Measures That Should Be Taken By the Administrative Agency ⅲ. Information ⅳ. Respect of Justifiable Interests of Others 8

9 Relation to other laws and regulations Not preclude the application of the provisions of other laws 9

10 The research on the implementation status of the Whistleblower Protection Act targeting total of approximately 1800 national and local administrative organs were carried out in October 2012 year and April of last year. As a result, it was found that the percentage of administrative organs that had set up a reporting desk maintained a very high level or has increased from March 2010 to March (national government 100% 100%, prefectural government 100% 100%, municipalities 47.3% 49.2% ) It was also found that there were around 3,000 to 4,000 cases per year in which the administrative organs carried out investigations or rectification measures after receiving Whistleblowing. 10

11 Explanatory Meetings Training Workshop Meetings of Senior officials of the National and Local governments Collaboration with the Japan Federation of Bar Associations Distribution of Handbooks Free telephone consultation service Web-site for Whistleblower Protection 11

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