NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 hospitalization extension examination. □ Recommendations ㅇ Hospitalization by legal guardian pursuant to Article 43 of the Mental Health and Welfare Act should be abolished, and involuntary hospitalizations(hospitalization by a legal guardian and administrative hospitalization) should be unified into one system with the same requirement and procedure. ㅇ Hospitalization with an agreement system which can be easily changed into forced hospitalization when discharge is required should be abolished and a treatment environment where voluntary hospitalization is a principle has to be created. 29

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