問33
頻出度★★☆
要件a～cのうち, 公益通報者保護法によって通報者が保護されるための条件として, 適切なものだけを全て挙げたものはどれか。 a 書面による通報であることが条件であり, 口頭による通報は条件にならない。 b 既に発生した事実であることが条件であり, 将来的に発生し得ることは条件にならない。 c 通報内容が勤務先に関わるものであることが条件であり, 私的なものは条件にならない。
平成29年度 秋期 ITパスポート試験 問33
ストラテジ系法務 › その他の法律・ガイドライン・情報倫理
This question's explanation and your answers so far.
解説
問 33
Incorrectア
Wrong because it includes a and b. What a says, that the report “must be in writing,” is not a requirement; an oral report can also be eligible for protection. What b says, that it is “limited to facts that have already occurred,” is also wrong, because a fact that is just about to occur (something that could arise in the future) is also included among the covered items. Only c is correct.
Incorrectイ
Wrong because it treats a, b, and c all as requirements. c is correct, but a (limited to writing) and b (limited to facts that have already occurred) are both not requirements. Whether the report is written or oral is not asked, and a fact that is just about to occur is also protected, so listing all three is inappropriate.
Incorrectウ
Wrong because it includes a. c is correct, but what a says, that “the report must be made in writing,” does not hold. An oral report can also be protected, so a must not be counted as a requirement.
- エ
正解 Among the requirements for a whistleblower to be protected under the Whistleblower Protection Act, only c is correct, so the answer is “エ”. As c states, what is protected is a report concerning legal violations and the like relating to the business of the whistleblower's place of employment (the party to whom labor is provided); a private matter unrelated to the place of employment is not covered. This can be derived from the fact that the purpose of this law is to let working people report wrongdoing at their workplace with peace of mind. On the other hand, a and b are not requirements, so “エ”, which lists only c, is appropriate.
ここがポイント
- The protection under the Whistleblower Protection Act covers “reports about legal violations and the like relating to the business of the place of employment (the party to whom labor is provided),” whereas private matters are not covered (requirement c).
- The reporting method may be either written or oral, and the covered facts include not only those that have already occurred but also those that are “just about to occur” (a and b are not requirements).
用語