Human Rights Violation against Children Residing at Childcare Institutions
We conducted an ex officio investigation of a childcare institution that attempted to forcefully
hospitalize a child under its protection in a mental hospital and recommended on May 9 that the
institution's foundation dismiss the head of the institution and take steps to restore trust between
the institution's children and staff. We also recommended that the head of the respective local
government reinforce the supervision of all childcare institutions in its jurisdiction.
It was found that the institution hospitalized or attempted to hospitalize those children
supposedly causing trouble in a mental hospital and transferred or attempted to transfer such
often came into conflict with the institution received double-eyelid surgery, the institution
arbitrarily attempted to hospitalize this child in a mental hospital. This attempt foundered
because the hospital refused to admit the child. Also, the institution specified a temporary return
to the family that had sent the child to the institution as disciplinary action in its regulations
and subjected those children who skipped school or disobeyed instructions to this punishment
without their consent.
We viewed that the attempt to hospitalize children in a mental hospital was used as a means of
control and the act of forcefully returning children to families that had sent them to the institution
in the first place for a temporary stay as disciplinary action was an inappropriate response to
the child. Both of these run counter to the best interests of the child as prescribed in the United
Nations Convention on the Rights of the Child and to the purpose of the Child Welfare Act.
Illegitimate Labor, Etc., at Mental Hospitals
On November 12, we recommended that the head of the respective hospital refrain from forcing
patients to engage in tasks that should be performed by the staff members of the hospital, such
as food distribution and cleaning, and provide human rights education to hospital staff to prevent
its recurrence. We concluded that it was a violation of patients' rights to receive treatment in a
pleasant and safe environment and the freedom of action guaranteed in Articles 10 and 12 of the
Constitution as the act of forcing patients to engage in tasks, which are irrelevant to their treatment
programs, at locations other than vocational rehabilitation facilities ensuring safety and sanitation
in the absence of hospital personnel and the failure to comply with legal requirements such as
National Human Rights Commission of Korea Annual Report 2018
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Part 2 | Commission's Major Activities
children to another childcare institution without their consent. When one of the children who