The National Human Rights Commission of Korea(Chairperson Hyun Byung-chul) concluded that it is a human rights violation to hospitalize a patient without receiving the documents to confirm legal guardianship, and advised head of the hospital concerned to strictly conform to the principle of hospitalization including requirements and to provide human rights education regarding the Mental Health Act on related personnel.
The complainant, on 14 November, 2014, filed a petition to the NHRCK saying that he was unlawfully hospitalized with consent of his elder brother, instead of his legal guardian on 17 September, 2014.
According to the investigation of the NHRCK, the hospital concerned allowed admission of the patient without receiving document that can confirm that his elder brother is his legal guardian. The hospital received consent of hospitalization from the complainant spouse on 7 January, 2015, 113 days after hospitalization as investigation of the NHRCK began.
Article 24 of the Mental Health Act requires written consent from the person responsible for protection of patient with mental illness at the time of hospitalization, and prescribes that collateral blood relatives such as brother who does not live with the patient cannot become a legal guardian.
Accordingly, the NHRCK concluded that the hospital concerned violated personal liberty guaranteed under article 12 of the Constitution and article 24.1 of the Mental Health Act because receiving consent for hospitalization after the patient was illegally hospitalized does not mean the hospitalization is lawful.
