The National Human Rights Commission of Korea concluded that the head of OOOO hospital who isolated and constrained a patient without instruction of neuropsychiatrist and writing the reason in the medial report and the nurse who slapped the cheek of patient with mental illness for using abusive words violated the Mental Health Act and personal freedom guaranteed under Article 12 of Constitution.
The NHRCK recommended to the head of OOOO hospital to address its practice of constraining patient without direction from doctors or writing down records, and to provide human rights education to staff to prevent violence against patients, and to carry out measures to prevent recurrence.
The NHRCK also recommended to the head of OO district of South Gyeongsang province to strengthen monitor/supervision to prevent recurrence at the mental health care facilities in the region.
According to investigation of the NHRCK, the constraint or seclusion of patients took place at night when the doctors were off-duty. Moreover, sometimes the seclusion took place on a unreasonable grounds, if any.
Article 41.1 & 2 of the Mental Health Act prescribes as follows: the imposition of physical restrictions, such as confinement or restraint, etc. of a patient, shall be performed where, given the symptoms of the patients, it is considered that there is a significantly high possibility that the concerned patient or his/her neighbors may face a danger, and that there are evidently no other alternatives avoiding the danger except relying on physical restrictions on the patient. In such cases, confinement shall be made within the relevant facility for the purpose of reducing danger to the maximum extent and treating or protecting the patient. and In cases where the director of a mental medical institution, etc. or any of its employees imposes physical restrictions, such as confinement or restraint, etc. on a patient, it shall be in accordance with the instructions of a neuropsychiatrist and entered in medical records.
Article 43. 2 of the Mental Health Act prescribes that no head of mental health facilities nor its employees shall assault or harshly treat a mentally ill person who is hospitalized in, or admitted to, mental health facilities, or who uses such facilities.
This is to prevent improper isolation in advance by strictly requiring fulfillment of requirement for isolation/confinement
However, the hospital concerned did not meet the requirement and received recommendation for rectification in 2010 for tying waist or hand of patients to bed without direction of doctors just because it is hard to control the patients at night, without writing down record. It turns out that the hospital concerned still has the practice not improved.
