Information on the Implementation of
the Convention on the Rights of
Persons with Disabilities in the Republic of
Korea
decade (approximately 84,000 hospital beds as of 2012), but more than 70%
of hospitalizations were involuntary.
② The bill to amend the Mental Health Act proposed by the government (Ministry of Health and Welfare) on January 16, 2014, incorporates a considerable
portion of the National Report for the Protection and Promotion of the Rights
of Persons with Mental Disabilities recommended by the Commission in 2009.
However, the bill still distinguishes hospitalization by the consent of the
guardian and hospitalization by the mayor, county governor or head of a borough, and obligates the deliberation on the adequacy of hospitalization for
both cases. Considering there is no practical difference between the two
methods of hospitalization given that it is determined by the diagnosis of a
medical specialist for mental health affiliated with the relevant medical
healthcare institution, regardless of the will of the person with mental disability, the two systems differ in hospitalization periods and adequacy screening,
and therefore, lack rationality.
2) Recommendation
① The government must unify the system of hospitalizing persons with intellectual disabilities by the consent of the guardian and by the request of the major, county governor, or head of a borough, among others, and distinguish between hospitalization of two-weeks for purposes of diagnosis and threemonths of treatment. It must also revise the Mental Health Act in order to
shorten the deliberation process for continued hospitalization and undertake
the deliberation process every three months.
② The government should ensure the participation of a member nominated by a
human rights civil organization which advocates persons with disabilities in
order to increase the discharge of persons with disabilities and to acquire
consistency through deliberation of continued hospitalization by the Mental
Health Promotion and Judgment Committee. In addition, the government
should revise the Mental Health Act so that the deliberation is conducted by
NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
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