National Human Rights Commission of Korea Annual Report 2019
jurisdiction to prevent the recurrence of similar incidents.
The Commission found that the petitioner was not critically unable to communicate and
concluded that the petitionee asking a minor child of the petitioner sign the DNR form, and not a
person with protective custody or legal representative, without asking the petitioner’s opinion is an
infringement upon the right to decide about one’s life and the personal rights in general, because
the decision to extend one’s own life in an emergency situation is a basic human rights for all.
persons with severe disabilities to educate the staff on proper procedures, to provide residents
information and a chance to visit the home they will be transferred to, and to follow the
procedures and provisions specified in the relevant laws, in the event that a discharge decision is
to be made by a third person. It also recommended the Minister of Health and Welfare to include
more detailed guidelines on discharge, transfer, and provision of facility/service information for
residents in the Guide to Care Facilities for People with Disability Program.
The Commission is of the view that it falls on residents of an assisted living facility for
handicapped persons to decide whether or not to be discharged, and considering their mental
ability, the facilities must assist them in making a decision by offering photos, videos, and other
information of the facility to be transferred to. Thus, it concluded that it is a violation of the right
to make choices and of the freedom of residence to obtain discharge consent from a guardian, and
not from the resident because he/she has a disability, and not offering information on the facility to
be transferred to.
Rights of elderly violated in a senior care center due to failure to take medical
actions
On August 8, the Commission recommended the director of a senior care center to ensure that
the staff is educated by an external human rights organization, and the Mayor of the jurisdiction
to provide more rigorous oversight of senior care centers in the jurisdiction by communicating the
lessons learned.
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Key Activities
On August 7, the Commission recommended the director of an assisted living facility for
Part 2
Right to make choices violated due to forced discharge and transfer from an assisted
living facility