Readmission Based on Consent from Only One Guardian... Human Rights Commission: "Violation of Physical Liberty"

Procedures Not Followed Upon Readmission After Four Months of Transfer Treatment

"New Admission Process Was Required... Application by Two Guardians Needed"

A case has been determined to constitute a violation of human rights after a patient, who had been admitted to a psychiatric medical institution, was transferred to another hospital, received treatment there for nearly four months, and then returned without undergoing the required legal admission procedures again.

On June 22, the National Human Rights Commission of Korea announced that it had recommended the head of the psychiatric medical institution, who readmitted the patient returning after treatment at another hospital without a separate admission process, to conduct job training regarding admission and discharge procedures for persons with mental health conditions. The commission also stated that if a patient requests discharge, the hospital must initiate discharge procedures immediately.

A hospitalized patient is lying on a bed in a ward and being transported for testing at a university hospital in Seoul. Not directly related to the article. Photo by Hoyoung Han

The complainant filed a petition with the Human Rights Commission, claiming that they were unjustly admitted involuntarily on the basis of consent from only one spouse. The Mental Health Welfare Act stipulates that involuntary admission for protection can only take place with the application of at least two guardians and a diagnosis by a psychiatrist. In contrast, the hospital argued that the patient, who was under involuntary admission for protection, was transferred to another hospital for pneumonia treatment and then returned, but the involuntary admission status remained unchanged. Therefore, they claimed there was no need to obtain new consent from guardians.

As a result of its investigation, the Human Rights Commission found that the complainant had received inpatient treatment at three different hospitals for approximately four months. The commission determined that, since the transfer period exceeded one month, the original admission was considered terminated, and a new admission procedure should have been followed. The commission also cited the National Center for Mental Health's ‘Guidelines on Admission and Discharge Procedures under the Mental Health Welfare Act,’ which stipulate that a patient should be discharged if the transfer period exceeds 30 days.

Consequently, the commission pointed out that readmitting the patient on the basis of consent from only one guardian, without proper procedures, constituted a violation of the patient's physical liberty. An official from the commission stated, "At the time of the complainant's return to the psychiatric medical institution, the spouse expressed the intention to have the patient readmitted to the psychiatrist," and added, "The complainant should be considered as having been discharged during the transfer and subsequently newly admitted."

This content was produced with the assistance of AI translation services.