Human Rights Commission "Hospital Banning Patients from Using Public Phones Reported to Prosecutors"

The National Human Rights Commission of Korea (NHRCK) has filed a complaint with the prosecution against a hospital that did not install public telephones in its psychiatric ward. Additionally, it has urged the Ministry of Health and Welfare to inspect voluntary and consented admissions in psychiatric medical institutions.

On the 28th, the NHRCK announced that based on an ex officio investigation of a psychiatric medical institution located in Incheon, it filed a complaint against the hospital with the prosecution and recommended institutional improvements to the Minister of Health and Welfare and others. The NHRCK had previously resolved to conduct the ex officio investigation of the hospital on September 5 of last year.

According to the NHRCK, there was one public telephone on the first floor open ward of the hospital, but no public telephone on the second floor closed ward, where only one regular telephone was located in front of the nurses' station. The hospital explained that patients who damaged fixtures frequently broke the public telephone, so it was removed in August of last year. However, the NHRCK confirmed through testimonies from patients and related parties that caregivers restricted the actual use of the public telephone by preventing inpatients from using it or even unplugging the telephone line.

The NHRCK stated, "According to Article 74 of the Mental Health Welfare Act, unless directed by a psychiatrist for treatment purposes, freedom of communication and visitation cannot be infringed upon," and added, "The freedom to guarantee the confidentiality of communication, as protected under Article 18 of the Constitution, was violated for patients in the second-floor closed ward."

Furthermore, violations were confirmed during the admission and discharge processes. Among the hospital's inpatients, 94% either applied for admission themselves or applied with the consent of a guardian. However, among these, 10 patients were unable to communicate, and 6 patients could communicate simply but did not understand the concept of admission procedures or types. The hospital explained that under current law, if there is no risk of self-harm or harm to others, admission is difficult even if treatment is needed; therefore, if the patient expresses minimal intention, voluntary or consented admission is conducted, and discharge is possible whenever the patient wishes.

However, the NHRCK pointed out that for at least 10 inpatients who could not even express minimal intention to be admitted, the hospital did not comply with the admission procedures stipulated in Articles 41 and 42 of the Mental Health Welfare Act. Additionally, for patients who wished to be discharged but were unaware of the related procedures, there was a possibility that their admission was extended, so discharge or transfer measures were deemed necessary.

The hospital also frequently locked the doors of some female patient rooms in the open ward from the outside, controlling access. Moreover, patient lockers, patient clothing, and bedding supplies were insufficient or outdated. It was confirmed that patients suffered from sleep disturbances due to pests.

The NHRCK stated, "We have filed a complaint with the prosecution against the hospital for violating Article 74 of the Mental Health Welfare Act and recommended that the hospital prepare measures to prevent recurrence of infringements on inpatients' freedom of communication and self-determination rights, as well as specific plans to improve facility conditions," and added, "The head of the local government should verify the intentions of voluntary or consented inpatients in the hospital and discharge those whose admission is not based on their genuine intention."

Furthermore, the NHRCK added, "We recommend that the Ministry of Health and Welfare inspect whether voluntary or consented inpatients in psychiatric medical institutions nationwide were admitted based on their genuine intentions, improve admission systems such as by introducing a system to verify patients' intentions, and revise laws and regulations so that the mental health promotion facility evaluation system can lead to substantial improvements in the quality of medical services in psychiatric medical institutions."