The National Human Rights Commission (NHRC) found that forcibly committing a person to a psychiatric hospital after checking only the documents submitted by two family members who did not meet the qualifications of guardians constituted a human rights violation.
According to the National Human Rights Commission (NHRC) on the 21st, victim A was placed under protective hospitalization at a psychiatric hospital in January this year on the grounds of conflict with family members, including a spouse and a son. A's younger sister filed a petition with the NHRC, saying the commitment was made with the consent of ineligible guardians.
The hospital director argued that the primary physician and a second psychiatrist from another hospital reached the same conclusion on the need for inpatient treatment, and that there was no violation of admission procedures or unjust forced commitment of the victim.
However, the NHRC's Committee for Remedy of Discrimination against Persons with Disabilities determined that it constituted a human rights violation. The NHRC said the Mental Health Welfare Act strictly sets admission requirements and procedures to prevent the abuse of involuntary admissions without the person's application.
Article 43, paragraph 1, of the Mental Health Welfare Act stipulates, "The head of a psychiatric medical institution, etc., may admit a person with a mental disorder only when two or more of the person's guardians apply and a psychiatrist diagnoses that admission, etc., is necessary." The same Act, Article 39, paragraph 1, subparagraph 3, also specifies that "a person who is currently in litigation against the person with a mental disorder, or who has been in litigation, and that person's spouse" cannot be a guardian.
The NHRC's investigation found that A and the spouse are currently in divorce proceedings. A's son received a court restraining order on the grounds of ascendant assault against A, and the case was referred to prosecutors. Both A's spouse and son were ineligible to serve as guardians.
But the NHRC concluded that the hospital director admitted A without sufficiently verifying these requirements. The NHRC said, "This violates Article 43 of the Mental Health Welfare Act and infringes on the freedom of the person as guaranteed by the Constitution."
The NHRC recommended conducting a discharge review for A and providing job training for all hospital staff on the admission requirements stipulated in the Mental Health Welfare Act.