64.
The Korean government revised the “Act on the Improvement of
Mental Health and the Support For Welfare Services for Mental Patients” 15
in 11 December 2018, and reinforce requirements for involuntary
hospitalization stated in article 42, 44 and 50. Though it can be said that the
possibility of abuse and misuse of involuntary hospitalization has been
addressed to some extent, effective legal safeguards regarding the seclusion
and restraint during the admission process are still inadequate.
65.
In this regard, the NHRCK initiated the “Survey on Seclusion and
Restraint at Mental Hospitals” in 2015. Based on the results, it made
following recommendations on 24 October 2016 as follows: Bolster
legislations on specific requirements and procedures regarding the use of
seclusion and restraint at mental medical institutions; investigate drug
administration to the mentally-impaired including chemical restraint;
standardize the structure, facility and restraint tools of seclusion rooms;
develop alternative programs to replace seclusion and restraint; qualification
standards and management plans for caregivers.
66.
However, the Korean government hasn’t come up with improvement
measures on the NHRCK recommendations except for regulating continuous
maximum seclusion and restraint time in “Guidelines for Seclusion and
Restraint” of the Ministry of Health and Welfare. In particular, specific
requirements for seclusion and restraint are not specified in the article 75 of
the “Act on the Improvement of Mental Health and the Support for Welfare
Services for Mental Patients” 16 but provided in the above guidelines of the
ministry.
15 The act has been fully revised from the Mental Health Act in 2017
16 ① The head of a mental medical institution or mental health sanatorium shall not solitarily
continue or tie down a hospitalized or admitted person or impose any physical restraint on a
hospitalized or admitted person, except where such restriction is imposed upon the person
25