Patients Bound to Hospital Beds: NHRCK Recommends Guaranteeing Physical Liberty in Psychiatric Institutions
On December 16, 2025, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter "NHRCK") conducted an ex-officio investigation into human rights violations, including the physical restraint of patients and breaches of admission procedures at "Hospital ○○" (hereinafter "the hospital under investigation"). Following the investigation, the Commission issued recommendations to the hospital director and local government authorities to prevent recurrences and strengthen monitoring and supervision.
Background of the Case
In June of last year, a complaint was filed with the NHRCK alleging that medical staff at the hospital under investigation physically restrained patients for extended periods without medical documentation. It was also alleged that the hospital falsified medical claims by recording that patients with mobility impairments had participated in group therapy programs.
While conducting an initial inquiry, the NHRCK determined there were substantial grounds to believe that multiple patients had suffered human rights violations. Consequently, an ex-officio investigation was initiated, which confirmed the following facts:
Commission's Findings
The hospital under investigation processed 53 patients, who lacked the capacity to sign consent forms, as "voluntary admissions," thereby unfairly restricting their right to request discharge. Furthermore, the hospital installed unauthorized locks on open wards, operating them as locked units and restricting the free movement of voluntary patients.
The investigation revealed that nurses and caregivers arbitrarily restrained 52 patients based on a routine practice of "restraint as needed" (PRN orders), without direct physician examinations or specific instructions. In the most severe case, an individual lived for ten months with both arms restrained. Others spent their daily lives with both hands and feet bound, except during mealtimes.
Recommendations
Regarding these investigation results, the NHRCK Committee on the Rights of Persons with Disabilities (Chair: Standing Commissioner Lee Suk-jin) emphasized that "treatment for persons with mental disabilities must adhere to constitutional due process, and any restriction on physical liberty must be kept to an absolute minimum."
The NHRCK recommended that the director of the hospital under investigation: reclassify the admission status of patients with communication difficulties to appropriate legal procedures; operate wards according to permitted regulations, including the removal of unauthorized locks; abolish the practice of "restraint as needed" (PRN) orders and ensure that any physical restraint for psychiatric treatment or protection complies with legal procedures; submit a report on the corrective actions taken for the 52 patients who were unlawfully restrained; and establish a manual for seclusion and physical restraint and provide training to all staff and caregivers.
Additionally, the Commission recommended that the Mayor of ○○ City strictly monitor the hospital under investigation and take necessary administrative actions under the Medical Service Act. The Minister of Health and Welfare was advised to establish measures to prevent recurrences and, in the long term, to survey the status of patients in psychiatric institutions who also have physical illnesses and set standards for the use of physical restraints for such individuals.
The NHRCK hopes this investigation serves as a wake-up call regarding human rights violations traditionally practiced within psychiatric institutions and ensures that individuals in residential facilities are treated with human dignity.
