The National Human Rights Commission of Korea concluded that it is a human rights violation that patients in mental hospital were forced to serve meal for other patients and to clean the hospital. It recommended to the head of the hospital concerned to provide human rights education to staff of the hospital to prevent recurrence of such violation.
The NHRCK also recommended to the head of Gu-office concerned to better monitor and instruct the respondent to prevent forced labor on patients under the guise of convenient operation of the hospital and to the Mayor of Daegu Metropolitan Government to conduct investigation on mental hospitals in its jurisdiction to check on forcible labor on patients and to prevent recurrence of such violation.
The Complainant, Mr. Bae filed a complaint to the NHRCK saying that A mental hospital, the respondent, is forcing patients to do the works that the employees should do including serving meal and cleaning patient’s room.
According to the investigation of the NHRCK, three patients including Mr. Lee, Mr. Heo and Mr. Park were forced to distribute meal to other patients, clean the hall and smoking room and take care of other patients.
In general, when it is deemed helpful for treatment or rehabilitation of patients in mental hospital, occupational therapy can be conducted pursuant to detailed plan and program for treatment and in consideration of patient’s health and riskiness under the guidance of experts.
The head of the hospital concerned claimed that he did not forced patients to work and they volunteered. However, the labor imposed on the patient was not pursuant to any plan or program from the expert.
The Subcommittee on rectification for disability discrimination concluded that the head of the hospital concerned forced patients to distribute meal, clean the hospital and take care of other patients for the sake of convenient operation of hospital, and this cannot be deemed as voluntary participation of victims.
