Key NHRCK Activities
using case studies, policy recommendations, and statistics of NHRCK. Section 4 presents four
basic principles and seven key tasks for promoting the rights of persons with mental disabilities,
with each key task accompanied with 27 policy tasks. Section 5 provides the offices of primary
The policy tasks were selected as a result of eight separate debates by the Research Committee,
three separate meetings with stakeholders, and consultation with subject matter experts. They vary
greatly, ranging from hospitalization and discharge procedures, hospital treatment environment,
to recovery services in local communities. Notably, several medium- to long-term policy tasks are
Part 1 Introduction
responsibilities for each policy task.
included, such as service revocation of a provision in Article 43 of the Mental Health and Welfare
Act that puts hospitalization decisions in the hands of patients’ guardians, reorganization of the
Hospitalization Suitability Assessment Committee into Assessment Agency with a quasi-judicial
and Welfare Act with those in the Act on Welfare of Persons with Disabilities and the Act on the
Rights and Support of People with Development Disabilities.
B. Recommendation to review policy that disallows foreigners with
changed sojourn status from taking up health insurance
Part 2 Key NHRCK Activities
role, and alignment of the welfare and services provisions under Chapter IV of the Mental Health
On March 12, the Commission recommended the Minister of Health and Welfare and
determined by the Service” in Appendix 9 of the Enforcement Regulation of the National Health
Insurance Act to include long-term sojourners who had health insurance status for a certain period
of time,” so that foreigners who entered the country with a long-term sojourn status and had health
insurance can keep their insurance even if their sojourn status was changed to one not qualified for
the insurance.
The Commission rejected a petition (20-jinjeong-0732400) filed by a foreign worker that his
right was violated by the National Health Insurance Service because the latter did not allow him,
a long-term sojourner in Korea, to take up health insurance because of a change in his sojourn
status. The rejection was made because national health insurance-related matters are part of the
state’s obligation to promote social guarantees under Paragraph 2, Article 34 of the Constitution,
and thus do not fall under the investigation authorities of NHRCK. Instead, based on a conclusion
41
Part 3 Appendices
the President of the National Health Insurance Service to modify the provision on “persons