The NHRC Accused the Former Director of Mandok Gospel Mental Hospital for Breaching the Mental Heath Act (01-21-2003)
The National Human Rights Commission (NHRC) accused the former director, Won of Mandok Gospel Mental Hospital (Mandok Hospital) and the staff, Park who was in charge of administration at the hospital to the prosecutor-general and recommended the Ministry of Health and Welfare and the major of Busan Metropolitan City to prepare preventive measures against future violations of human rights.
Kim, the petitioner, has no surviving relatives and had been a patient in the hospital since September 2001. He filed a complaint with the NHRC against the director of Mandok Hospital, claiming that the hospital has been involuntarily admitting people who have no mental problems and subjecting them to forced hospitalization in order to receive governmental subsidies.
Since the NHRC has the authority to investigate any place where the Commission suspects human rights violations are occurring[the so -called Commission-initiated investigation], the NHRC decided to investigate the facilities and inpatients of Mandok Hospital for the past 6 months, since 9 May 2002.
According to the result of investigation by the NHRC, Mandok Hospital has been receiving an average monthly government subsidy of 800,000 won for so-called "ill wayfarer" (patient without having surviving relatives) provision in the Medical Service Act. "Ill wayfarers" have been typically taken into custody by policemen and have been hospitalized in isolated wards.
The NHRC concluded that the respondents, Won and Park, had violated paragraph 6 of Article 24 under the Mental Health Act, which provides: "When receiving a request for discharge from the person who is responsible for protection . . . the director of the medical institution for mental illness shall discharge the patient concerned without delay," and paragraph 2 of Article 55 under the same act, which provides: "penal provisions for a person who does not discharge a psychopath in violation of Article 24." Moreover, the NHRC additionally accused the former director, Won, for violating paragraph 1 (illegal confinement) of Article 276 under the Criminal Act and Article 45 (Prohibition on Movement Restriction) and paragraph 4 of Article 56 (Penal Provisions) under the Mental Heath Act. When the NHRC began to investigate the Mandok Hospital after Kim had filed a complaint, Mandok Hospital forcibly transferred Kim to another hospital and made him leave that hospital after 5 days. The NHRC exercised its authority to investigate, assuming that there are other victims in addition to Kim. This investigation, which has been conducted over the past 6 months, is the first time the NHRC exercised its authority to investigate all the inpatients at a mental hospital the place notorious for being the "cemetery"of human rights.
The NHRC found that Mandok Hospital has been violating the inpatients" rights for physical freedom, freedom of communication, individual dignity and the right to pursue happiness. In addition, Mandok Hospital has breached the provisions regulating facilities and staff under the Mental Health Act.
The NHRC recommended the Ministry of Health and Welfare to improve the medical system by prohibiting policeman from directly transferring an "ill wayfarer" to a mental hospital, and by providing a system for patients to file complaints inside mental hospitals. Mandok Hospital has not yet provided the system for patients to make complaints to the NHRC, in violation of Paragraph 8 of Article 31 under the National Human Rights Commission Act, which stipulates: "measures which detention or protective facilities shall take to guarantee the free preparation and presentation of a written petition by a detainee and other necessary procedures and methods, shall be prescribed by the Presidential Decree."
