Complaint filed against a Mental Health Institution for Violation of Guardianship Regulations and the Production of a Falsified Admission Consent Form
September 21- The NHRCK filed a complaint with the Prosecutor General against the Director of [A] Mental Health Institution in △ North Jeolla Province for unlawful confinement of complainant [K] (Male, 45), and issued a recommendation to the Mayor of OO Gun (county) to take follow-up measures, such as administrative discipline, against the institution that committed the human rights violation.
Complainant [K] filed a complaint with the NHRCK on May 7. In his complaint, he stated, “As an orphan living in ‘[B] Community,’ an unregistered facility, I was told by the head of the Community on July 18, 2008 that the [A] Mental Health Institution provided free meals and clothes so I went along, but I was admitted to the institution by force. Since I do not have a mental disease, I want to be released from this institution as soon as possible.”
The result of the NHRCK’s investigation revealed that when the head of ‘[B] Community’ was preparing the admission documents as guardian in the course of admitting the complainant, the [A] Institution produced a falsified re-admission document on January 22, even though the complainant had not been discharged during the entire 6 months of hospitalization following the initial admission.
Under the current Mental Health Act, in cases of involuntary hospitalization, admission may only be effected following a professional diagnosis together with the consent of a guardian, at which time persons qualifying as a guardian are strictly limited to custodians, or persons responsible for support, under the Civil Code.
Also, the period of the complainant’s hospitalization is limited to 6 months, and even where the necessary professional diagnosis and consent of a guardian is obtained for a continuance of the hospitalized care, the law provides for submission to an inspection process by the supervising agency, such as a mayor or mayor of county.
The NHRCK determined that the conduct of the [A] Institution in admitting the complainant after accepting from the head of an unregistered facility, who had no capacity as a guardian, an institutional admission consent form, intentionally avoiding the inspection process required for a continuance of hospitalization beyond 6 months following initial admission, and the production of a falsified document, constitutes a violation of Article 24.1 and Article 3 of the Mental Health Act, and Article 276 of the Criminal Code as a crime of unlawful confinement.
Accordingly, the NHRCK filed a complaint against the director of the [A] Institution with the Prosecutor General and recommended that the Mayor of OO Gun (county) take follow-up measures such as administrative discipline.
