69. Meanwhile, there have been repeated incidents of migrant workers dying or risking their
health and safety due to poor housing conditions.64 In December 2020, the government
announced measures to improve housing facilities for migrant workers in the agriculture and
fisheries sectors. Those measures include inspecting housing facilities on site by the
government and allowing migrant workers to change workplaces if they live in substandard
housing. However, the living conditions of migrant workers still remain a concern.65
70. Proposed recommendation: The State party should scrap the restriction on changing
workplaces by migrant workers under the Employment Permit System.66 It should also
strengthen measures to provide a safe and healthy living environment for migrant workers.67
Issue 15. Involuntary Hospitalization in Psychiatric Institutions
71. In 2016, the Government announced that it would reinforce the human rights protection
of involuntarily admitted mental patients by fully amending the Act on the Improvement of
Mental Health and the Support for Welfare Services for Mental Patients to mandate stricter
requirements for admission to mental health hospitals and introduce a system to review the
legitimacy of admission. However, unlike the United States and Europe where judicial or
quasi-judicial institutions review the legitimacy of admission, the admission review in Korea
lies in a medical collegial body, Admission Legitimacy Review Committee, chaired by a
medical professional, lacking in independence and neutrality as an examination agency.
Moreover, a mere one percent of patients are discharged from medical facilities as a result of
admission review since screenings are mainly conducted in writing rather than face-to-face.68
72. Some countries appoint procedural assistants to support mental patients’ decision-making
and represent their interests in the course of involuntary admission to mental health facilities.
In contrast, Korea has not adopted such mechanism, and thus cases occur where mental
patients with limited mental capacity are involuntarily admitted to mental health institutions
and are not even informed of their rights. In response, in April 2022, the NHRCK made a
recommendation to the Government to introduce the procedural assistant system, but it is yet
to be implemented.69
73. With the amendment of the Mental Health and Welfare Act, the requirements for
admission to mental health facilities have become stricter: that is, involuntary admission is
permitted solely in cases where a mental patient is at risk of harming himself/herself or
another person. Nonetheless, hospitalization-oriented treatment practices still persist in
Korea. Thus, the NHRCK recommended the Government to establish a community-based
mental health system through the 2021 Human Rights Report for Persons with Mental
Disabilities. The Government, however, has difficulties in implementing the
recommendations, with the budget for community mental health standing merely at half of
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