-Fundamental measures are in an urgent need to prevent continued ill-practices in mental health facilities-
o The National Human Rights Commission of Korea (Chairperson, Hyun Byung-chul) prosecuted two hospital directors for 250 days of illegal hospitalization of the complainant ‘Mr. A’ out of the total hospitalized period of 470 days, by transferring the complainant from one hospital to another without going through the examination process required for continued hospitalization set by the Mental Health Act.
o The NHRCK called for fundamental solutions to the continued ill practices of mental health facilities, including recommendations to the Ministry of Health and Welfare to immediately devise detailed plans to prevent the avoidance of examination for continued hospitalization or non-compliance of the hospitalization period set by Article 24.3 of the Mental Health Act.
o The complainant (male, 54) was hospitalized in the X hospital on 7, December, 2012. After being hospitalized for almost six months, at the day of discharge, he was transferred to the Y hospital for admission directly from the gate of the X hospital. As such, he kept being transferred to other hospitals, which was why he filed a complaint to the Commission.
o As a result of the Commission’s investigation, Mr. A was hospitalized for 172 days at the X hospital, then was transferred to the Y hospital at the day of discharge. Then, after being hospitalized in the Y hospital for 179 days, he was transferred to the X hospital for 34 days of hospitalization. At the day of discharge from the X hospital, he was transferred to the Z hospital again.
o Regarding non-voluntary hospitalization, an examination to decide on continued hospitalization has to be conducted every six months, and to avoid the process, there have been so called ‘revolving-door-hospitalizations’ where the patients were move to other hospitals every six months. Regarding such misconduct, the Commission has recommended the hospitals concerned for rectification and the supervising offices of Cities and Districts for thorough supervision and preventive measures. Despite such efforts, however, the revolving-door-hospitalization persists.
o Along with the accusation, the Commission hosted a consultation with human rights policy related officials from 17 Cities and Provinces on 11, April, to announce its plan to take strict measures including prosecution against violation of the Mental Health Act and to take necessary steps on the loose monitoring of the supervising agencies, and asked for support from the related government agencies and local governments.
o As of 2012, the rate of non-voluntary hospitalization to the mental health facilities reached 75.9%, which is exceptionally higher than those of advanced nations such as EU which stand at below 20%. The Commission concluded that the fundamental problem is that relevant legislations are not sufficient to protect human rights of the mentally ill, and to resolve the issues, the Commission has been devising fundamental solutions, including launching the ‘Forum on Human Rights of the Mentally Ill’, composed of experts in March.
