Questions 67. Please clarify your position on strengthening legal safeguards for patients in mental medical institutions to prevent arbitrary seclusion and restraint, verbal abuse, assault and cruel act during the seclusion and restraint process. Issue 7: Guarantee of Due Review Process for North Korean Refugees Status 68. The Committee and the UNHRC expressed their concerns that “the person escaping the Democratic People’s Republic of Korea may be lawfully detained in solitary confinement for up to six month without right to legal counsel and they may be deported to third countries without rights to an independent review if it is determined that they do not qualify for protection” in the concluding observation on the third to fifth periodic reports of Korea (Committee against Torture, 2017) and the concluding observations on the fourth periodic reports of Korea (UNHRC, 2015). according to the instruction of a psychiatrist for the purpose of medical treatment for the purpose of medical treatment or care. ② Even when the head of a mental medical institution or mental health sanatorium imposes a physical restraint under paragraph (1) upon a hospitalized or admitted person according to the instruction of a psychiatrist for the purpose of medical treatment or care by isolating or tying down the person, he/she may impose the physical restraint, only where he/she concludes that the person is highly likely to harm him/herself or a third person and that it is clearly impracticable to avoid such danger by imposing the physical restraint. In such cases, isolation shall be limited to the inside of the relevant facilities. 26

Select target paragraph3