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NHRCK, Recommendation for the 2nd Human Rights Guidelines on Migration (September 2019).
NHRCK, Decision on the violation of the rights to heath and housing of migration workers in
agriculture and fisheries due to poor housing conditions (Case No. 21Jinjeong0000400, July 2022).
68
NHRCK, Human Rights Report for People with Mental Disabilities (2021).
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NHRCK, Decision on a human rights violation case caused by the failure to provide an application
for discharge review and a procedural assistant (Case No. 21Jinjeong0992700, April 2022).
Responding to this NHRCK recommendation, the Ministry of Health and Welfare informed the
NHRCK, in January 2023, that it would review whether the procedural assistant system could be
legally institutionalized, based on the results of a procedural assistance pilot project that had been
implemented since 2018.
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NHRCK, Human Rights Report for People with Mental Disabilities (2021) and related
recommendation to the Prime Minister and the Minister of Health and Welfare (February 2021); and
Policy recommendation for the provision of procedural assistants for patients admitted to mental health
hospitals (April 2022).
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Article 43 (Hospitalization by Legal Guardians) of the Act on the Improvement of Mental Health
and the Support for Welfare Services for Mental Patients:
(1) Upon receipt of an application from two or more legal guardians of a mentally ill person
(referring to two or more persons with priority according to the order of priority under Article 39 (2),
if there is a dispute among legal guardians on hospitalization or admission or one person, if there is
only one legal guardian), the head of a mental medical institution or a mental health sanatorium may
hospitalize or admit the mentally ill person, only where a psychiatrist diagnoses that the mentally ill
person needs hospitalization or admission. When the head of a mental medical institution or a mental
health sanatorium hospitalizes or admits a person in such cases, he or she shall require the legal
guardian to submit a written application for hospitalization or admission and a document certifying
the authority of the legal guardian in the forms prescribed by Ordinance of the Ministry of Health and
Welfare.
72
NHRCK, Human Rights Report for People with Mental Disabilities (2021) and related
recommendation to the Prime Minister and the Minister of Health and Welfare (February 2021)
73
Overseas cases of the minimum standard living space per inmate are as follows: In the case of
individual cells or rooms, the United Nations Standard Minimum Rules for the Treatment of Prisoners
recommend, “All accommodation shall meet all requirements of health,” while the International
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Committee of Red Cross suggests 5.40㎡, the European Committee Against Torture 7㎡, the United
States 5.57㎡ (federal facilities), Germany 6-7㎡, and Japan 10㎡, respectively. In the case of Korea,
Article 14 of the Act on Execution of Sentences and Treatment of Inmates stipulates that inmates shall
be placed in individual cells. However, in reality, shared cells are commonly used due to lack of space,
excessively large number of inmates, State financial reasons, etc. For shared cells, the minimum
accommodation area per inmate prescribed by the Basic Rules for Legal Facilities (Directive No. 848,
Ministry of Justice, 29 December 2011) of the Ministry of Justice is 2.58㎡.
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