公益通報者保護制度に関する考察と展望 : 経営と法律の視点から

概要

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This study analyses problems related to whistle-blowing in corporate governance, from a management and legal perspective and, while comparing the situations in Britain and the US, where legal frameworks already exist to encompass whistle-blowing, investigates the development of corporate governance, based on the Companies Act, as well as the future face of a legal framework covering whistle-blowing in Japan. The aims of a management and legal perspective are holding the balance between public profits and private profits, which have to be achieved each other. In the current business environment, corporations are having to make their corporate systems more law-abiding in response to scandals uncovered by whistle-blowing and to make changes in systems that prioritise self interest. Under these circumstances, it is important that management take the lead in clarifying the aims of systems to protect whistleblowers and in putting their own houses in order. The illegal activities of corporations should be judged and dealt with according to the relative size of the profit involved. In truth, corporate governance and whistle-blowing represents the complicated interplay between business and the law. Legislation of whistleblower protection act in Japan is required nowadays.
2003-12-15