complainant did resist with force, but the two hospital staff did enter the complainant’s
house without consent. Furthermore, the on-call doctor who diagnosed and admitted the
complainant was a rehabilitation specialist and not a psychiatrist, and he ordered
hospitalization without confirming necessary legal consent or the complainant or his
custodian. The wrongful hospitalization continued for 19 days.
The hospital was found to have violated Article 40 of the Mental Health Act that
prohibits illegal arrest, detention, and hospitalization of persons with mental disorder in
mental clinic, etc. without diagnosis of psychiatrists, other than emergent hospitalization;
Article 24 of the Act stipulating hospitalization by voluntary intention or consent of
guardian; and the rights to safety and freedom of body guaranteed by the Constitution.
Accordingly, the Commission recommended a relevant supervising authority to take
measures against the offense and enhance supervision of the hospital. The Commission
also demanded the hospital to comply with legitimate hospitalization procedures when
transporting patients and formulate policies to prevent similar cases from occurring again.
The staff who executed the illegal arrest and transportation was charged with criminal
offense to the Prosecutor’s Office and the accused parties accepted the recommendations
and took the required steps.
2) Violation of Civil Rights by Operation of CCTV in Psychiatric Hospitals
A patient in a psychiatric hospital filed a complaint that “the hospital violates privacy of
patients by installing CCTV cameras even in showers and restrooms.”
The hospital defended the practice saying that “the CCTV cameras in restrooms and
showers are set up in limited locations as a safety measure.”
From its investigation, the Commission found that the hospital had CCTV installed on
the ceiling of restrooms in the men’s wards with clear view of urinals as well as changing
areas of showers with view of naked patients. In addition, toilets in an isolation ward could
be also monitored by CCTV from the nurse’s station.
Although CCTV cameras were installed to ensure safety of patients, accidents such as
Chapter 3. Investigations and Remedies: Civil Rights Violations
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