NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 Article 14 Liberty and Security of the Person 14-1 Reform of examination institution and process for involuntary hospitalization □ Current status and problems ㅇ The government amended related law in 2016 so that the Hospitalization Suitability Examination Committee at national mental healthcare centers reviews hospitalization and Mental Health Examination Committee under local governments reviews hospitalization extension. ㅇ However, unlike in the U.S, Germany and Japan, where reviews are made by judicial or quasi-judicial institutions, both hospitalization examination institutions are medical panels chaired by medical personnel and evaluated to have insufficient independence and neutrality. In addition, the written examination is conducted in principle and face-toface examination is conducted only upon request from a patient. ㅇ As a result, out of about 78,000 hospitalization examinations (including extension) of involuntarily hospitalized patients per year since the implementation of the Mental Health and Welfare Act, only around 1% of the patients are discharged by the decision of the Hospitalization Suitability Examination Committee.15 ㅇ Patients whose hospitalization(extension) is decided should receive the decision letter in person, be notified the procedure to appeal to the court in writing, and a confirmation letter that such notification of the right was received should be written by the patient, but such procedure is not carried out. □ Recommendation ㅇ An independent examination institution with quasi-judicial characteristics should be established by unifying the Hospitalization Suitability Examination Committee and Mental Health Examination Committee, and it should be a deliberative panel that includes a third party with public interests in addition to legal and medical personnel. 27