occurrence of this incident, and the head of Hanawon caused imputation, including default
in necessary management duties such as developing an internal tasks manual and failure to
make additional corrective measures. The public health doctor failed to properly
understand involuntary hospitalization procedures and standards for mental hospitals, and
thus was deemed to assist human rights violations on the defector.
The Commission decided that the director of OO Mental Hospital, the accused,
infringed the right to physical integrity by allowing the defector to be admitted to the
mental hospital involuntarily without the consent of the legitimate guardian, as stipulated
in Article 12 of the Constitution and Article 24 of the Mental Health Act.
For these reasons, the Commission issued the following recommendations:
☐ To the Minister for Unification
: Subject the staff OOO at Hanawon disciplinary action and issue warnings to the
relevant staffs, including the head of Hanawon and the public health doctor, and
compensate for the damage incurred on the defector due to forced hospitalization
☐ To Head of Hanawon
: Offer human rights education to its staffs and formulate measures to prevent
recurrence of similar incidents
☐ To Director of OO Mental Health Hospital
: Issue warnings to the psychiatrist and the head of the patient administration
department, provide human rights education for its staffs and formulate measures to
prevent recurrences of similar incidents in the future.
10) Human Rights Violation by Unjust Discharge by Mental Health Facility
A patient, who had been treated at a mental health clinic, filed a complaint alleging that
contacting with the outside was restricted and he was forced to be discharged from the
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Part II. Major Activities of the Commission