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NHRCK to Unveil the Results of a Seven-Month Suo Moto Investigation into Aberrant Practices by Mental Hospitals
Date : 2006.12.29 00:00:00
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On December 13, 2006, the National Human Rights Commission of Korea (NHRCK) announced the outcomes of a suo moto investigation* into two mental hospitals in Busan, which the Commission initiated in March 2006 and completed in September 2006, following another investigation triggered by a complaint filed in October 2005 with the Commission about human rights violations at several mental hospitals. The complaint led the Commission to launch an investigation, which uncovered a broad range of human rights abuses of patients, including the violation of the Mental Health Act, by two hospitals in Busan?a medical corporation (hereinafter referred to as " Hospital A" ) and Busan City" s Municipal Mental Sanatorium B whose consignee was Hospital A (hereinafter referred to as " Sanatorium B" ). The Commission decided to go further: it initiated a suo moto investigation into the two hospitals, which lasted about seven months. The results of the suo moto investigation were as follows:
1. The Commission has filed an accusation with the Prosecutor General against the ex-chairperson and ex-chair of the board of the hospitals, identified as Mr. O, for the admission of patients without any psychiatrist" s diagnosis, for the conversion of 152 homeless outpatients to inpatients without a psychiatrist" s diagnosis, and for the continuous hospitalization of inpatients while neglecting to request a re-evaluation of their files to determine whether further hospitalization was needed.
2. The Commission has issued a recommendation to the Minister of Health and Welfare that the Ministry perform a comprehensive special audit on the fabrication of clinical charts and overcharges for treatment and take effective remedial measures; that the Ministry issue an institutional warning to hold accountable the Mayor of Busan Metropolitan City and the District Chief of Sasang district, Busan, for their failure to properly supervise the hospitals; and that the Ministry produce and implement a systematic solution to prevent a recurrence of such cases;
3. The Commission has issued a recommendation to the Mayor of Busan Metropolitan City that the City take effective measures including the termination of the consignment contract with Sanatorium B; that the City carry out special face-to-face examinations of all inpatients of the hospitals at issue; that the City take relief measures based on the examination results to discharge those inpatients whose hospitalization is not necessary and help them return to society; and that the City formulate and execute a systematic solution to prevent any recurrence of such cases and to thoroughly perform its supervisory obligation and other related obligations toward the mental health institutions and medical corporations in the City; and
4. The Commission made a recommendation to the chairperson(s) of the hospitals that they take immediate corrective actions regarding their patients" human rights conditions even before administrative actions prompted by the above recommendations are taken.
* Suo moto investigation : Even if a complaint is not filed, the Commission may initiate an suo moto (*On the commission" s own initiative, without external prompting or explicit demand) investigation if it deems that there exists reasonable cause to believe that human rights violations or discriminatory acts have been committed and that the cases are serious by the Article 30 of the National Human Rights Commission Act.
