ANNUAL REPORT 2015
considered as unconstitutional provisions that may contradict the principle of due legal process
and the constitutional principle of excess prohibition, and therefore infringe on the rights to
bodily liberty and self-determination of a mentally-ill person. As a result, the court ruled out to
request a review of the constitutionality on the article concerned (2014ChoGi408).
Regarding the matter, the Commission had continued to express its opinion that improvements
should be made to the standards for non-voluntary hospitalization pursuant to the Mental
Health Act by strengthening the conditions and procedures involved, since non-voluntary
hospitalization accompanies the potential risk of serious infringement on the rights to bodily
liberty and self-determination of a mentally ill person. In fact, the Commission (1) issued a
recommendation concerning the complaints related to mental health facilities, (2) published the
National Report for the Promotion of Human Rights for People with Mental Disability in 2009,
(3) and expressed its opinion on the proposal for the complete revision of the Mental Health Act
in 2013.
The Commission submitted its opinion to the Constitutional Court that, as the Seoul court
had ruled, the article concerned contradicts the principles of excess prohibition, due procedures,
and certainty, and therefore infringes on the rights to bodily liberty and self-determination of a
mentally ill person guaranteed by Article 10 and 12 of the Constitution.
5. Highlights in the Statements Announced on Current Issues of
Human Rights
A. Statement to call for implementation of the recommendations regarding the
appointment and nomination process of the NHRCK commissioners
The Commission issued a recommendation on September 22nd, 2014, to the ROK President,
Speaker of the National Assembly, and Chief Justice of the Supreme Court to apply the
Guideline on Principles and Procedures for the Appointment and Nomination of the NHRCK
Commissioners.
Based on the Paris Principle [Principles relating to the Status of National Institutions], the
guideline consists of principles related to credentials and responsibilities, assurance of diversity,
and procedures of appointment and nomination of the NHRCK commissioners. It was to set
the unified standards that should be observed by the institutions that may appoint and nominate
36 | National Human Rights Commission of Korea