Human rights abuses are all too common occurrences in Korean mental hospitals. Through its investigation findings announced on October 16, the National Human Rights Commission of Korea (NHRCK) reported that harsh restraint at a mental hospital even left a patient dead.
The NHRCK investigated four complaints made from November 2005 to June 2006 by a 70-year-old man only known as Park and three others against the chairperson of Hospital A in Goyang, Gyeonggi Province. They requested that an investigation and countermeasures be undertaken regarding cruel isolation and restraint, unreasonable involuntary hospitalization, extended hospitalization, interference with filing of complaints, excessive limitation on the freedom to act and unfair occupational treatment at mental hospitals. Based on its investigation findings, the NHRCK announced that a man named Lee died of a pulmonary embolism immediately after being released after 124 consecutive hours (six days) of restraint without even the most basic treatment including breaks to relieve himself or limb massages.
The NHRCK advised as follows:
1. With regard to the charge that the doctor concerned caused the death of Lee by not exercising due care as a doctor in isolating and restraining Lee, Article 268 (involuntary manslaughter arising out of duty) of the Criminal Act was applied; concerning the fact that applications for deliberation on continued hospitalization of a complainant named Lee and other patients were omitted or postponed, Article 24(3) of the Mental Health Act was applied; and regarding the charge that the written complaints from a complainant named Park and a victim named Lee were arbitrarily handled and not sent to the NHRCK, Article 57 of the National Human Rights Commission Act (interference with preparation of written complaints, etc.) was applied. Each charge was reported to the Prosecutor General.
2. With respect to " restraint" that may cause death of a person by harshly restraining his physical freedom, the NHRCK recommended to the Minister of Health and Welfare, the local supervisory authority, to amend the Mental Health Act so that a clear legal rationale and standards may be established and that penal provisions to be applied in the event of violations may be formulated as soon as practically possible.
3. Concerning the fact that the respondent violated the Mental Health Act by failing to give written notice before forcefully hospitalizing patients of the results of its deliberation on possible continued hospitalization, the NHRCK advised the mayor of Goyang, Gyeonggi Province, the supervisory authority, to take necessary measures including an administrative measure. The NHRCK also recommended to the mayor that warnings be issued against responsible government employees including the head of the Deokyang-gu Public Health Center to hold them accountable for the failure to detect violations of the Mental Health Act by the respondent, even though the Center has conducted supervisory inspections twice a year since 2004.
4. The NHRCK made a request to the head of Lawyers for a Democratic Society to provide legal relief including civil action to the bereaved family of Lee.
5. Finally, the NHRCK recommended to the chairperson of Hospital A, the respondent, to take necessary steps including prompt remedial measures regarding human rights abuses against patients in violation of the Mental Health Act.
