2008.09.01
Mr. PARK (male, 40 years old) and Mr. IM (male, 35 years old) filed a joint complaint in April 2007 against, inter alios, the president of a hospital in Chungcheongnam Province (hereafter "Hospital A"), requesting investigations and appropriate countermeasures in response to human rights violations including illicit involuntary hospitalization, illegal restriction of physical freedom of patients, forced medication, and physical assault.
Following the NHRCK’s investigation, it confirmed that the president of Hospital A illegally held homeless patients in long-term custody without guardian consent and without requesting regular assessment on whether to continue their hospitalization. Therefore, the NHRCK determined that due to wrongful involuntary hospitalization and interference in the release of patients’ examination applications, Hospital A is in violation of the Constitution which guarantees the Physical Freedom (Article 12), Freedom of Movement (Article 14), Right to Know (Article 18) and related Mental Health Act.
The NHRCK informed the Prosecutor General that the president of Hospital A illegally hospitalized, forcibly medicated, and physically assaulted the patient; the Commission requested legal advice from the president of the Korean Bar Association.
The NHRCK recommended that the Minster for Health, Welfare and Family Affairs take administrative action concerning false medical records, institute recurrence prevention measures, and establish regulations on agreements and notice processes which inform the patient of possible side effects of prescribed medication.
The NHRCK also recommended that the Governor of the Chuncheongnam Province and the Mayor of Cheonan City thoroughly monitor involuntary hospitalization, interference in release, and forced labor—all of which were confirmed and investigated through the petitioner’s case by the NHRCK—and to take measures to prevent the recurrence of similar cases.
