The National Human Rights Commission of Korea (Chairperson Lee Sungho) recommended a head of a hospital to allow, in principle, usage of cellphone of patients, concluding that restricting every usage of cellphone by patients hospitalized in mental hospitals significantly infringes upon privacy, freedom of expression and knowledge of patients.
The NHRCK also advised the Minister of Health and Welfare to devised detailed guideline on restriction of usage of cellphones, considering that the provision on ban of restriction of movement applies to usage of portable electronic devise including cellphone under Article 45 of the Mental Health Act.
The Complainant, surnamed Lee, filed a complaint to the NHRCK in February saying that he voluntarily admitted to the hospital and the hospital restricted patients’ usage of cellphones.
After investigation, the NHRCK concluded that the hospital did not completely restrict freedom of communication as patients were able to make a call to outside the hospital using the public phone installed inside the hospital. However, given the long period of hospitalization(262 days on average), the NHRCK concluded that prohibition on usage of cellphones significantly restricts patients’ privacy, freedom of expression and right to know because they cannot freely go outside the hospital.
The Minister of Health and Welfare stated that it will make it clear that prohibition of usage of cellphone is in principle banned and when the usage is prohibited by psychiatrist the reason for and date and duration of such prohibition should be recorded under Article 23 of the Enforcement Rule of Mental Health Act.
