[Asia Economy Reporter Donghoon Jeong] It has been judged that refusing the voluntary admission request of a mental illness patient and placing them under administrative admission constitutes a human rights violation.
On the 15th, the Human Rights Commission recommended to the director of psychiatric medical institution A that "the act violated the 'Mental Health Welfare Act' and infringed on the right to self-determination based on Article 10 of the Constitution, and recommended conducting human rights education and strengthening supervision by the relevant local government heads to prevent the abuse of administrative admission."
The petitioner, Mr. B, attempted to voluntarily admit himself to the respondent hospital on November 18 last year for alcohol treatment. The respondent took administrative admission measures, citing the reason that Mr. B had relapsed into drinking during previous hospitalizations, to prevent the risk of relapse and enhance treatment effectiveness. The respondent also claimed that since Mr. B waited in the hospital lobby during the administrative admission procedure, he consented to the administrative admission.
The purpose of Article 44 'Administrative Admission' of the Mental Health Welfare Act is limited to cases where diagnosis and protection are necessary due to the risk of self-harm or harm to others caused by mental illness, but the patient or their guardian cannot cooperate with treatment. The procedure of administrative admission is intended to provide necessary diagnosis and protection to mental illness patients. Unlike voluntary admission, administrative admission severely restricts physical freedom in psychiatric medical institutions, such as disallowing discharge based on the patient's own will, and may significantly limit the various social activities of mental illness patients.
The Human Rights Commission's Disability Discrimination Correction Committee judged that "even if the act of proceeding with administrative admission for a person who voluntarily came to the hospital with the intention of treatment does not violate the relevant legal provisions, it has the potential to abuse administrative admission."
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