The National Human Rights Commission of Korea (Chairperson Hyun Byung-Chul) held that there were human rights violations in the negligent processing of admission procedures of patients, particularly concerning cases where patients were illegally transferred to psychiatric hospitals by transfer service of emergency patients. After an ex officio investigation on human rights violations was conducted on the admission procedures of some mental hospitals located in Gyeonggi-do, the NHRCK recommended that:
1. To the Public Prosecutor General, an investigation be conducted on transfer service of emergency patients confirmed for illegal arrest and detention of patients.
2. To the Minister of Health and Welfare, an active measures be implemented to prevent customs of isolation (quarantine measures) and abuse by mental health institutions, and to eliminate illegal practices of patient transport.
3. To city/provincial governors with jurisdiction, strengthen supervision over illegal transfer by emergency patients transfer service.
4. To mayors with jurisdiction, implement necessary measures to strengthen supervision over customary deviations and illegal patient admissions in certain mental health institutions.
5. To heads of relevant health institutions, strictly comply with requirements for patient admission, impose isolation and compulsion of patients only in circumstances that correspond to the Mental Health Act, and implement measures to ensure patient safety in hospitals.
Background of the Decision based on the Ex officio investigation
Based on a January 2013 TV report that some patients have been subject to human rights violation by emergency transfer service and relevant parties in the process of admissions in some mental institutions, the Commission has conducted a preliminary investigation which confirmed several allegations. Due to the severity of the case and the concern that there may be additional victims, the NHRCK has decided to open an ex officio investigation in April 2014.
Facilities subject to Investigation
Facilities subject to investigation include Gyeonggi province-based hospital-level institutions from TV reports and other facilities accused of similar acts in petitions submitted to the Commission.
Confirmation of Human Rights Violations and Recommendations from the Result of the Ex officio Investigation
The Commission conducted an extensive investigation on the issues alleged in TV reports; on the status of supervision over emergency patient transfer services; whether patients fell victim to human rights violation during the process of admission procedures at mental health institutions; whether due process was complied to; and whether there have been problems during the process of patient transfers to mental institutions.
The result of the investigation revealed that some patients were hospitalized against their will, based on unclear examination procedures or without clear record on the reasons of admission. In addition, patients initially admitted were forced to isolation from other patients due to reasons of additional patient observation or ward maintenance.
Also, upon patient's refusal to be transferred for leave or re-hospitalization after discharge from previous institutions, emergency transfer service committed acts of assault and threatful apprehension on the patients, placing them under detention in emergency vehicles.
Moreover, it has been confirmed that some mental institutions in connection with certain emergency transfer services have sought to attract patients by offering waivers of transfer fees and hospitalization discounts.
As a result, the Commission requested to open investigation on emergency transfer service for allegations of apprehension, assaults or detention of patients during the process of transfer to mental institutions and recommended local governors with jurisdiction to strengthen supervision over emergency transfer services. Also, the Commission has recommended relevant supervising institutions to improve monitoring over mental health institutions that has violated human rights of patients or illicitly attracted patients together with emergency transfer services.
Furthermore, the Commission has recommended the Minister of Health and Welfare to impose proactive measures to improve examination procedures on patients, to establish clear criteria of imposing isolation through legislation, and to place public institutions as priority transfer institution in charge of emergency patients in order to eradicate illegal practices of patient transfer committed by emergency transfer services and to prevent the problems arising from abuse of quarantine measures or processing of admissions by mental health institutions.
End.
