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ACT ON THE IMPROVEMENT OF MENTAL HEALTH AND THE SUPPORT FOR WELFARE SERVICES FOR MENTAL PATIENTS

Wholly Amended by Act No. 14224, May 29, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving public mental health and bettering mentally ill persons' lives as human beings by providing for matters necessary for preventing and medically treating mental diseases, rehabilitation, welfare, and guarantee of rights of mentally ill persons, and the development of an environment friendly to mental health.
 Article 2 (Fundamental Concepts)
(1) Every citizen has the right to be protected from mental diseases.
(2) Every mentally ill person shall be guaranteed human dignity and value and has the right to optimum medical treatment.
(3) No mentally ill person shall be subject to unfair discrimination on account of mental illness.
(4) Every mentally ill minor has the right to special medical treatment, care, and education.
(5) In order to minimize the duration of hospitalization or admission of mentally ill persons (hereinafter referred to as "hospitalization or admission"), preferential consideration shall be given to medical treatment of mentally ill persons within local communities, and it shall be recommended to respect the intention of mentally ill persons in hospitalization or admission (hereinafter referred to as "voluntary hospitalization or admission").
(6) Every person hospitalized in or admitted to a mental health improvement facility has the right to enjoy a free environment maximally and the right to exchange opinions freely with others.
(7) In principle, every mentally ill person has the right to make judgments and decisions on matters regarding his/her body and property independently. In particular, the right of self-determination shall be respected so that a mentally ill person can make decisions independently with regard to his/her dwelling place, whether to consent to or reject medical services, exchange with others, whether to use welfare services, choice of the type of welfare services, etc.
(8) Every mentally ill person has the right to assistance necessary to understand matters that might have a legal or factual impact upon him/her and to express his/her intention freely.
(9) Every mentally ill person has the right to participate in the process of making a decision on any policy that affects him/her.
 Article 3 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "mentally ill person" means a person who suffers serious restraints in conducting daily activities independently due to delusion, hallucination, a disorder in thought or mood, or any other cause;
2. The term "services for improving mental health" means services for improving public mental health through education and counseling regarding mental health; prevention and medical treatment of mental diseases; rehabilitation of mentally ill persons, improvement of social welfare, education, dwelling conditions, working conditions, etc., which affect mental health;
3. The term "mental health welfare center" means any of the following institutions or organizations that perform services for improving mental health or welfare services for mentally ill persons under Articles 33 through 38 in a local community (hereinafter referred to as "services for improving mental health, etc.") by establishing a system for interconnecting mental health improvement facilities, social welfare facilities under the Social Welfare Services Act (hereinafter referred to as "social welfare facilities"), schools, and business establishments:
(a) An institution established and operated by the State or a local government under Article 15 (1) through (3);
(b) An institution or organization that performs services for improving mental health, etc. as entrusted by the State or a local government pursuant to Article 15 (6);
4. The term "mental health improvement facility" means a mental medical institution, a mental health sanatorium, or a mental health rehabilitation facility;
5. The term "mental medical institution" means any of the following institutions established for the purpose of administering medical treatment mainly to mentally ill persons:
(a) A hospital (hereinafter referred to as "mental hospital") or clinic established in compliance with the standards under the latter part of Article 19 (1), among medical institutions under the Medical Service Act;
(b) An institution established as a department of neuropsychiatry established in a hospital or an equivalent medical institution, defined by the Medical Service Act, in compliance with the standards under the latter part of Article 19 (1);
6. The term "mental health sanatorium" means a facility established pursuant to Article 22 to provide medical care services to mentally ill persons admitted to the facility;
7. The term "mental health rehabilitation facility" means a facility established pursuant to Article 26 in order to conduct various programs for coaching and guidance for daily life so that the persons specified by Presidential Decree (hereinafter referred to as "mentally ill persons"), among mentally ill persons or persons who have a mental disorder, can adapt to society.
 Article 4 (Responsibilities of State and Local Governments)
(1) The State and local governments shall take measures necessary for research, survey, guidance, counseling, etc. so as to improve public mental health, prevent and cure mental diseases, and promote the rehabilitation of mentally ill persons, overcoming disabilities, and the rehabilitation into society.
(2) The State and local governments shall establish a system for delivering mental health services by interconnecting mental health welfare centers, mental health improvement facilities, social welfare facilities, schools, business establishments, etc. for the prevention and medical treatment of mental diseases and the rehabilitation of mentally ill persons.
(3) The State and local governments shall formulate comprehensive policies on the enhancement of rights and interests of mentally ill persons and their families, the protection of human rights, supportive services, etc. and shall endeavor to implement such policies.
(4) The State and local governments shall be responsible to eradicate all forms of discrimination and prejudice against mentally ill persons and their families and restore the rights of discriminated persons and their families and shall take pro-active measures to eradicate discrimination and prejudice against mentally ill persons and their families.
 Article 5 (Duty of Citizens)
Every citizen shall cooperate with the State and local governments in surveys conducted and services for improving mental health, etc. provided by the State and local governments.
 Article 6 (Duties of Heads of Mental Health Improvement Facilities)
(1) When a mentally ill person wishes to be hospitalized or admitted or wishes to attend a training program for rehabilitation into society, the head of a mental health improvement facility shall inform the mentally ill person and his/her legal guardian of the rights under this Act and other Acts and the methods for exercising such rights promptly and shall retain various documents necessary for exercising the rights in the mental health improvement facility.
(2) The head of a mental health improvement facility shall respect the opinion of a mentally ill person in the course of medical treatment, care, and rehabilitation of the mentally ill person.
(3) The head of a mental health improvement facility shall endeavor to ensure that mentally ill persons who are hospitalized in or admitted to the facility or who live in the facility are guaranteed human dignity and value and can live freely.
(4) Matters necessary for the kinds and details of rights of which mentally ill persons and their legal guardians shall be informed under paragraph (1), the method of notice, the retaining of documents, etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER II IMPLEMENTATION, ETC. OF POLICIES FOR IMPROVEMENT OF MENTAL HEALTH
 Article 7 (Formulation, etc. of National Plans)
(1) The Minister of Health and Welfare shall, after consulting with the heads of related administrative agencies, formulate a master national plan for improving mental health and providing welfare services to mentally ill persons (hereinafter referred to as "national plan") every five years.
(2) The Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a plan for improving mental health and providing welfare services to mentally ill persons (hereinafter referred to as "regional plan") respectively for the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province in accordance with the national plan. The regional plan in such cases shall be consistent with the regional health and medical service plan under Article 7 of the Regional Public Health Act.
(3) A national plan or a regional plan shall include the following matters:
1. Activities for preventing mental diseases, counseling, medical treatment, and rehabilitation and interconnection of such activities;
2. Services for improving mental health by stage of life cycle, such as infancy, childhood, youth, middle age, and old age, (hereinafter referred to as "life cycle") and by gender;
3. Early discharge of mentally ill persons and rehabilitation into society;
4. Securing and operating appropriate mental health improvement facilities;
5. Plans for education, public relations activities for improving awareness of mental diseases, guaranteeing legal rights of mentally ill persons, and protecting human rights;
6. Training and managing specialized human resources;
7. Plans for improving education, dwelling conditions, working conditions, etc., for improving mental health and for cooperating with relevant government agencies or institutions;
8. Establishing and utilizing an information system for mental health;
9. Support for mentally ill persons and their families;
10. Rehabilitation in local communities and social participation, including health, employment, education, and dwelling conditions of mentally ill persons;
11. Matters regarding the research, development and evaluation of welfare services for mentally ill persons;
12. Matters regarding the procurement and management of funds necessary for rendering welfare services to mentally ill persons;
13. Other matters that the Minister of Health and Welfare or a Mayor/Do Governor deems necessary for improving mental health.
(4) The Minister of Health and Welfare and a Mayor/Do Governor may request any related administrative agency or mental health improvement facility or any relevant institution or organization to provide information or cooperate as necessary for formulating and implementing a national plan or regional plan. Upon receipt of a request in such cases, the agency, facility, or organization shall comply with such request, unless providing such information violates a statute or obviously hinders normal performance of services or in other extenuating circumstances.
(5) It shall be ensured that the national plan or regional plan so formulated is consistent with the comprehensive plan for polices for persons with disabilities under Article 10-2 of the Act on Welfare of Persons with Disabilities.
(6) The Minister of Health and Welfare shall produce and publish a white paper on tasks performed for improving human rights and welfare of mentally ill persons every five years.
(7) Matters necessary for the procedure, etc. for formulating national plans and regional plans shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 8 (Formulation, Implementation, etc. of Implementation Plans)
(1) The Minister of Health and Welfare and each Mayor/Do Governor shall formulate and implement an implementation plan respectively in accordance with the national plan or regional plan, and the head of each Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) shall formulate and implement an implementation plan every year in accordance with the regional plan of the relevant City/Do: Provided, That it need not formulate and implement an implementation plan under the main sentence hereof additionally, if an annual implementation plan, containing details of the implementation plan for the regional plan therein, is formulated and implemented in accordance with Articles 7 (2) and (8) of the Regional Public Health Act.
(2) The Minister of Health and Welfare may evaluate the outcomes of implementation of the national plan and regional plans, and each Mayor/Do Governor may evaluate the outcomes of implementation of the relevant regional plan, respectively, as prescribed by Presidential Decree.
(3) Article 7 (4) shall apply mutatis mutandis to the provision of information and cooperation as necessary for formulating and implementing implementation plans under paragraph (1). In such cases, the term "Minister of Health and Welfare and each Mayor/Do Governor" shall be construed as "Minister of Health and Welfare, each Mayor/Do Governor, and the head of each Si/Gun/Gu," and the term "national plan and regional plans" as "implementation plans for the national plan and regional plans."
(4) Matters necessary for the procedure, etc. for formulating an implementation plan under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 9 (Deliberation on Major Policies for Improving Mental Health)
The Minister of Health and Welfare shall bring the following matters before the National Health Promotion Policy Deliberation Committee under Article 5 of the National Health Promotion Act for deliberation:
1. Formulation of national plans;
2. Development of the process and system for improving mental health and providing welfare services to mentally ill persons.
 Article 10 (Fact-Finding Surveys)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey with regard to the following matters (hereinafter referred to as "fact-finding survey") every five years: Provided, That fact-finding surveys may be conducted more regularly, as necessary for formulating a policy for improving mental health:
1. Demographic distribution, prevalence rates, and causes of mental diseases;
2. History of medical treatment of medical diseases according to demographic characteristics, such as gender and age, and status of the use of mental health improvement facilities;
3. Social and economic losses caused by mental diseases;
4. Employment, vocational training, and income, dwelling conditions, economic conditions, and welfare services for mentally ill persons;
5. Social and economic conditions of families of mentally ill persons;
6. Other matters specified by Ordinance of the Ministry of Health and Welfare as necessary for improving mental health.
(2) In order to conduct fact-finding surveys and provide guidance for improving mental health, each City/Do may appoint public officials to be in charge.
(3) The Minister of Health and Welfare may request mental health improvement facilities and the relevant institutions, organizations, etc. specified by Presidential Decree to provide information necessary for conducting fact-finding surveys. Upon receipt of a request in such cases, a mental health improvement facility or a relevant institution or organization shall comply with such request, unless providing such information violates a statute or obviously hinders normal performance of services or in other extenuating circumstances.
(4) If necessary, a fact-finding survey may be conducted simultaneously with the fact-finding survey of persons with disabilities under Article 31 of the Act on Welfare of Persons with Disabilities.
(5) Matters necessary for the timing, methods, procedure, etc. for fact-finding surveys shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 11 (Early Detection, etc. of Mental Health Problems)
(1) In order to administer medical treatment for mental diseases efficiently and prevent a mental disease from becoming chronic, the Minister of Health and Welfare, each Mayor/Do Governor, and the head of each Si/Gun/Gu, shall establish a system for early detecting mental disorders by linking mental health welfare centers, mental health improvement facilities, and medical institutions.
(2) The Minister of Health and Welfare, each Mayor/Do Governor, and the head of each Si/Gun/Gu shall render services for improving mental health, etc., including education, counseling, etc. for early detecting and medically treating mental disorders by stage of life cycle and by gender.
(3) The scope, targets, details, etc. of services for improving mental health, etc., including education, counseling, etc. for early detecting and medically treating mental disorders by stage of life cycle and by gender under paragraph (2), shall be prescribed by Presidential Decree.
 Article 12 (Implementation, etc. of Services for Improving Mental Health, etc. by State and Local Governments)
(1) The Minister of Health and Welfare shall perform national services for improving mental health, etc. under Article 7 (3); and shall administer and support regional services for improving mental health, etc. performed by local governments under paragraphs (2) and (3).
(2) Each Mayor/Do Governor shall perform regional services for improving mental health, etc., including the services for improving mental health, etc. specified in Article 7 (3), establishing a system for interconnecting Sis/Guns/Gus (Gu means an autonomous Gu; hereinafter the same shall apply), and emergency medical services for mental health within his/her jurisdictional area and shall administer and support services for improving mental health, etc. performed by the head of each Si/Gun/Gu in accordance with the implementation plan for the regional plan under the main sentence of Article 8 (1) or the implementation plan for a regional public health and medical service plan under the proviso to the afore-said paragraph.
(3) The head of each Si/Gun/Gu shall perform the services for improving mental health, etc. specified in Article 7 (3) within his/her jurisdictional area.
(4) When the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu performs services for improving mental health, etc. under paragraphs (1) through (3), he/she shall ensure that relevant activities conducted by mental health welfare centers, mental health improvement facilities, social welfare facilities, schools, and business establishments are interconnected.
(5) In order to provide advice and support for the services for improving mental health, etc. under paragraph (1), a central mental health welfare service support corps shall be organized as an organ affiliated with the Minister of Health and Welfare, while a regional mental health welfare service support corps shall be organized as an organ affiliated with each Mayor/Do Governor in order to provide advice and support for the services for improving mental health, etc. under paragraph (2).
(6) Matters necessary for the operation of the central mental health welfare service support corps and the regional mental health welfare service support corps under paragraph (5) shall be prescribed by Presidential Decree.
 Article 13 (Implementation of Services for Improving Mental Health in Schools, etc.)
(1) The head of each of the following agencies, organizations, and schools and the employer of each business establishment shall endeavor to implement services for improving mental health, such as education and counseling for mental health of members and connection with medical treatment with mental diseases:
1. Agencies specified by Presidential Decree, in which the nature of affairs is highly likely to harm mental health and thus it is necessary to implement services for improving mental health, among agencies of the State and local governments;
2. Schools specified by Presidential Decree, among the schools under the Elementary and Secondary Education Act and the Higher Education Act;
3. Business establishments that employ at least 300 employees under the Labor Standards Act;
4. Other institutions and organizations specified by Presidential Decree as those in which it is necessary to implement services for improving mental health in view of the nature of affairs, the number of employees, etc.
(2) The Minister of Health and Welfare may give recommendations on the implementation of guidelines for specific details, methods, etc. of services for improving mental health, the provision of information, and other necessary matters in order to efficiently provide the services for improving mental health under paragraph (1).
(3) The Minister of Health and Welfare may select and announce the agencies, etc. that have endeavored actively to improve mental health of members, among the agencies, organizations, schools, and business establishments referred to in paragraph (1) and may support such agencies, organizations, schools, and business establishments.
 Article 14 (Mental Health Day)
(1) In order to remind people of the importance of mental health and eliminate prejudice against mental diseases, the tenth day of October each year shall be designated as Mental Health Day, and the week in which the Mental Health Day falls shall be designated as Mental Health Week.
(2) The State and local governments may hold events appropriate for the objectives of the Mental Health Day and conduct educational and promotional programs.
(3) Matters necessary for the events, etc. of the Mental Health Day under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 15 (Establishment and Operation of Mental Health Welfare Centers)
(1) The Minister of Health and Welfare may establish and operate mental health welfare centers to expertly perform services of providing and interconnecting the services for improving mental health, etc. assigned under Article 12 (1) in the areas that need such centers.
(2) Each Mayor/Do Governor may establish and operate a regional mental health welfare center to expertly perform services of providing and connecting the services for improving mental health, etc. assigned under Article 12 (2) within his/her jurisdictional area.
(3) The head of each Si/Gun/Gu may establish and operate a primary mental health welfare center within the public health clinic established pursuant to the Regional Public Health Act (hereinafter referred to as "public health clinic") to expertly perform services of providing and connecting the services for improving mental health, etc. assigned under Article 12 (3) within his/her jurisdictional area.
(4) When the head of a mental health welfare center intends to take custody of a mentally ill person in order to perform the services of providing or interconnecting services for improving mental health, etc., he/she shall obtain consent of the mentally ill person or the legal guardian under Article 39 (hereinafter referred to as "legal guardian").
(5) The Minister of Health and Welfare shall partially subsidize the expenses incurred in establishing and operating mental health welfare centers under paragraphs (2) and (3).
(6) The Minister of Health and Welfare may entrust the services for improving mental health, etc. assigned to him/her to an institution or organization specialized in mental health, as prescribed by Presidential Decree, and each Mayor/Do Governor and the head of each Si/Gun/Gu may also entrust the services for improving mental health, etc. assigned to each of them, respectively to an institution or organization specialized in mental health, as prescribed by Municipal Ordinance or Municipal Rule.
(7) Each Mayor/Do Governor shall report to the Minister of Health and Welfare on the status of the operation of the regional mental health welfare center within his/her jurisdiction and the details of services for improving mental health, etc. implemented by him/her on a semi-annual basis, and the head of each Si/Gun/Gu shall also report to the Minister of Health and Welfare, via the relevant Mayor/Do Governor, on the status of the operation of the primary mental health welfare center within his/her jurisdiction and the details of services for improving mental health, etc. implemented by him/her, semi-annually.
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the establishment and operation of mental health welfare centers shall be prescribed by Presidential Decree.
 Article 16 (Establishment and Operation of Mental Health Research Institute)
In order to perform the following affairs, the Minister of Health and Welfare may establish a national mental health research institute:
1. Research on brain and neural science;
2. Referral and clinical research for medical treatment of mental diseases and rehabilitation;
3. Research for improving the system for delivering services for improving mental health;
4. Collecting, analysing, and providing information and statistical data about mental diseases;
5. Training specialists in the improvement of mental health and workers for mental health improvement facilities;
6. Formulating national plans and assistance in fact-finding surveys;
7. Assisting national mental hospitals in implementing national policies on mental health;
8. Other works specified by Presidential Decree.
 Article 17 (Qualification, etc. for Mental Health Specialists)
(1) The Minister of Health and Welfare may issue a qualification for a mental health specialist to a person who has expertise and skills in mental health and who has been trained in a training institution specified by Ordinance of the Ministry of Health and Welfare.
(2) The medical health specialists under paragraph (1) (hereinafter referred to as "medical health specialists") shall be classified into mental health clinical psychologists, mental health nurses, mental health social welfare workers according to the field in which each of them is specialized.
(3) In order to improve the quality of medical health specialists, the Minister of Health and Welfare may conduct continuing training programs.
(4) The Minister of Health and Welfare may entrust the continuing training programs under paragraph (3) to the schools under Article 2 of the Higher Education Act or the specialized institutions specified by Presidential Decree.
(5) In any of the following cases, the Minister of Health and Welfare may revoke the qualification of a medical health specialist or may suspend the qualification for a specified period not exceeding six months: Provided, That the qualification must be revoked in the case of subparagraph 1 or 2:
1. If a medical health specialist falls under any subparagraph of Article 18 after he/she obtains the qualification;
2. If a medical health specialist has obtained the qualification by fraud or other improper means;
3. If a medical health specialist causes a serious problem intentionally or by gross negligence in performing any of the duties specified by Presidential Decree pursuant to paragraph (6).
(6) Matters necessary for the scope of the duties, qualification, and grades of medical health specialists under paragraphs (1) through (3) shall be prescribed by Presidential Decree, and matters necessary for training courses, continuing training courses, the issuance of certificates of qualification for medical health specialists, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 18 (Grounds for Disqualifications of Medical Health Specialists)
Any of the following persons shall not be qualified as a medical health specialist:
1. A ward under adult guardianship;
2. A person in whose case a sentence of imprisonment without prison labor or heavier punishment imposed upon him/her for a violation of any of the following Acts has not been completely executed or has not been finally discharged:
(o) The Articles 233, 234 (limited to persons who used a falsified medical certificate, etc. issued in committing the crime specified in Article 233; hereinafter the same shall apply), 235 (limited to persons who attempted to commit the crime specified in Article 233 or 234), 269, 270 (2) or (3), 317 (1), or 347 (limited to where a person deceives a patient or any institution or organization that pays medical expenses by making a false claim for medical expenses).
CHAPTER III OPENING, ESTABLISHMENT, OPERATION, ETC. OF MENTAL HEALTH IMPROVEMENT FACILITIES
 Article 19 (Opening, Operation, etc. of Mental Medical Institutions)
(1) A mental medical institution shall be established in accordance with the Medical Service Act. Matters necessary for the standards for the facilities and equipment of a mental medical institution and the number and qualification of workers of a mental medical institution, including medical personnel, shall be prescribed separately by Ordinance of the Ministry of Health and Welfare, taking into consideration the scale of each mental medical institution, etc.
(2) A person in whose case five years have not passed since a sentence of imprisonment without prison labor or heavier punishment imposed upon him/her for any of the following misconduct was completely executed or finally discharged or a corporation whose representative is a person referred to above shall not open or establish a mental medical institution:
1. Failure to discharge or temporarily discharge any mentally ill person, in violation of Article 41 (2), the main sentence of Article 42 (2), the main sentence of Article 43 (7) or (9), Article 47 (4), or the latter part of Article 62 (1);
2. Hospitalizing a mentally ill person in a mental medical institution or extending the period of hospitalization of such person, without a direct examination by a psychiatrist in violation of Article 68 (1).
(3) In any of the following cases, the Minister of Health and Welfare may restrict the scale of a mental medical institution, taking into consideration the status of the supply of and demand for beds for mentally ill persons in each region:
1. Where a person intends to open a mental medical institution with at least 300 beds;
2. Where a mental medical institution intends to increase the number of beds from less than 300 bends to 300 or more beds, including existing beds;
3. Where a person who operates a mental medical institution with at least 300 beds intends to increase the number of beds.
(4) In any of the following cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a mental medical institution to take remedial measures within a specified period not exceeding one year:
1. If a mental medical institution fails to meet the standards for facilities and equipment and the requirements for the number and qualification of medical personnel and other workers under the latter part of paragraph (1);
2. If a mental medical institution fails to discharge or temporarily discharge a mentally ill person, in violation of Article 41 (2), the main sentence of Article 42 (2), the main sentence of Article 43 (7) or (9), Article 47 (4), or the latter part of Article 62 (1);
3. If a mental medical institution fails to comply with an order issued under any of Article 59 (1) 1 through 6 (including the cases to which any of the afore-said subparagraphs shall apply mutatis mutandis pursuant to Article 61 (2)) or Article 66 (4);
4. If a mental medical institution fails to submit a report in accordance with Article 66 (1) or falsifies such report, fails to submit relevant documents or submits a falsified document, or rejects, interferes with, or evades an inspection conducted by a relevant public official or an examination conducted by the relevant public official and members of the relevant mental health deliberation committee in accordance with Article 66 (2), without just cause;
5. If a mental medical institution hospitalizes a mentally ill person or extends the period of hospitalization of a mentally ill person, without a direct examination by a psychiatrist, in violation of Article 68 (1).
(5) If a mental medical institution fails to comply with an order issued under paragraph (4) to take remedial measures, the Mayor/Do Governor or the head of the Si/Gun/Gu may order the mental medical institution to suspend services for a period not exceeding one year or may revoke the permission to open the mental medical institution or order it to permanently close its facilities, as prescribed by Ordinance of the Ministry of Health and Welfare.
(6) Detailed guidelines for administrative actions under paragraphs (4) and (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare, taking into consideration each type of violation, the severity of each violation, etc.
(7) Except as otherwise expressly provided for in this Act, the Medical Service Act shall apply to mental medical institutions.
 Article 20 (Imposition of Penalty Surcharges)
(1) If a Mayor/Do Governor or the head of a Si/Gun/Gu must order a mental medical institution to suspend services on the ground that the mental medical institution falls under Article 19 (5) but if the suspension of its services is likely to cause serious inconvenience to users or harm public interest otherwise, the Mayor/Do Governor or the head of the Si/Gun/Gu may impose a penalty surcharge not exceeding 50 million won on the mental medical institution in lieu of the suspension of services.
(2) The amount of a penalty surcharge that shall be imposed according to the type of violation, the severity of violation, etc. under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
(3) If a person obligated to pay a penalty surcharge under paragraph (1) fails to pay it by the deadline for payment, the Mayor/Do Governor or the head of the Si/Gun/Gu shall collect the penalty surcharge in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue.
 Article 21 (Establishment, etc. of National or Public Mental Hospitals)
(1) The State and local governments shall establish mental hospitals as national or public mental medical institutions.
(2) When the State and local governments establish mental hospitals, they shall ensure that the distribution of such hospitals in regions is well balanced and that mentally ill persons are taken care of within local communities.
(3) The mental hospitals under paragraph (1) shall perform the services for improving mental health under Article 12 (1) through (3) and take charge of education and training of human resources for services for improving mental health.
 Article 22 (Establishment and Operation of Mental Health Sanatoriums)
(1) The State and local governments may establish and operate mental health sanatoriums.
(2) When a social welfare corporation under the Social Welfare Services Act (hereinafter referred to as "social welfare corporation") or any other nonprofit corporation intends to establish and operate a mental health sanatorium, it shall obtain permission therefor from the Special Self-Governing City Mayor or Special Self-Governing Province Governor or from the head of the Si/Gun/Gu having jurisdiction over the domicile of the mental health sanatorium.
(3) A person in whose case five years have not passed since a sentence of imprisonment without prison labor or heavier punishment imposed upon him/her for any of the following misconduct was completely executed or finally discharged or a corporation whose representative is a person referred to above shall not establish any mental health sanatorium:
1. Failure to discharge or temporarily discharge a mentally ill person, in violation of Article 41 (2), the main sentence of Article 42 (2), the main sentence of Article 43 (7) or (9), or Article 47 (4);
2. Admitting a mentally ill person to a mental health sanatorium or beyond the period of admission of such person, without a direct examination by a psychiatrist in violation of Article 68 (1).
(4) When a person who holds the permission under paragraph (2) intends to amend any matter in the permission, he/she shall report it to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu: Provided, That a person shall obtain permission for an amendment, if the person intends to amend the prescribed number of admitted persons.
(5) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the head of a mental health sanatorium to open its facility to the public so that local residents, social organizations, the press, etc. can ascertain the status of operation of the mental health sanatorium to the extent that mentally ill persons' living for recuperation is not disturbed. In such cases, the head of a mental health sanatorium shall comply with such request, except in extenuating circumstances.
(6) The standards for establishing mental health sanatoriums, the bed capacity, the number and qualification of workers, and matters necessary for using and operating mental health sanatoriums shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 23 (Consultation with Psychiatrists)
When the head of a mental health sanatorium renders nursing services in the mental health sanatorium, he/she shall consult with psychiatrists on matters related to medical services, as prescribed by Presidential Decree.
 Article 24 (Reporting of Permanent or Temporary Closure or of Resumption of Services)
When the head of a mental health sanatorium intends to permanently or temporarily close the facility or resume its services, he/she shall report such intention to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 25 (Suspension of Services of Mental Health Sanatoriums, Revocation of Permission for Establishment, etc.)
(1) In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a mental health sanatorium to take remedial measures within a specified period not exceeding one year:
1. If a mental health sanatorium fails to submit a report or fails to obtain permission for an amendment, in violation of Article 22 (4);
2. If a mental health sanatorium violates any of the standards for establishment, the bed capacity, the number or qualification of workers, or the use or operation of the facility under Article 22 (6);
3. If a mental health sanatorium fails to discharge or temporarily discharge a mentally ill person, in violation of Article 41 (2), the main sentence of Article 42 (2), the main sentence of Article 43 (7) or (9), or Article 47 (4);
4. If a mental health sanatorium fails to comply with an order issued under any of Article 59 (1) 1 through 6 (including cases to which any of the subparagraphs shall apply mutatis mutandis pursuant to Article 61 (2)) or Article 66 (4);
5. If a mental health sanatorium fails to submit a report in accordance with Article 66 (1) or falsifies such report, fails to submit relevant documents or submits a falsified document, rejects, interferes with, or evades an inspection conducted by a relevant public official or an examination by the relevant public official and members of the relevant mental health deliberation committee in accordance with Article 66 (2), without just cause;
6. If a mental health sanatorium admits a mentally ill person or extends the period of admission of a mentally ill person, without a direct examination by a psychiatrist, in violation of Article 68 (1).
(2) If a mental health sanatorium fails to comply with an order issued under paragraph (1) to take remedial measures, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may order the mental health sanatorium to suspend services for a period not exceeding one month or to replace the head of the mental health sanatorium with another person or may revoke the permission to establish the facility, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) If the social welfare corporation or nonprofit corporation that established and operates a mental health sanatorium holds permission to establish the corporation revoked or is dissolved, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall revoke the permission to establish the facility.
(4) Detailed guidelines for administrative actions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare, taking into consideration each type of violation, the severity of each violation, etc.
(5) Except as otherwise provided for by this Act, the Social Welfare Services Act shall apply to mental health sanatoriums.
 Article 26 (Establishment and operation of Mental Health Rehabilitation Facilities)
(1) The State and local governments may establish and operate mental health rehabilitation facilities.
(2) If any person other than the State or a local government, intends to establish and operate a mental health rehabilitation facility, he/she shall report it to the Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the Si/Gun/Gu having jurisdiction over the domicile of the mental health rehabilitation facility. The person shall also report an amendment to any of the essential matters specified by Ordinance of the Ministry of Health and Welfare, among the matters stated in such report.
(3) The standards for mental health rehabilitation facilities, the bed capacity, the number and qualification of workers, and matters necessary for the reporting establishment and operation, the reporting of amendments, and the use and operation of mental health rehabilitation facilities shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) The State or a local government may entrust the operation of mental health rehabilitation facilities to social welfare corporations or nonprofit corporations, if necessary.
(5) Matters necessary for the guidelines for entrusted operation under paragraph (4), the period and method of entrusted operation, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 27 (Categories of Mental Health Rehabilitation Facilities)
(1) Categories of mental health rehabilitation facilities are as follows:
1. Living facilities: Facilities that mainly provide food, clothing, and shelter for the lives of mentally ill persons;
2. Rehabilitative training facilities: Facilities that assist mentally ill persons in various activities mainly for rehabilitation, including counseling, education, employment, recreation, cultural activities, and social participation, so that they can engage in occupational activities and social life in local communities;
3. Other facilities specified by Presidential Decree.
(2) Matters necessary for specific categories, services, etc. of mental health rehabilitation facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 28 (Reporting of Permanent or Temporary Closure or of Resumption of Business Operations)
When the person who established and operates a mental health rehabilitation facility pursuant to Article 26 (2), intends to permanently or temporarily close the facility or resume its business operations, he/she shall report such intension to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 29 (Closure, etc. of Mental Health Rehabilitation Facilities)
(1) In either of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a mental health rehabilitation facility to take remedial measures within a specified period not exceeding one year:
1. If a mental health rehabilitation facility fails to submit a report on an amendment in accordance with the latter part of Article 26 (2);
2. If a mental health rehabilitation facility violates any rule regarding the standards for establishment of mental health rehabilitation facilities, the bed capacity, the number or qualification of workers, the reporting of establishment and operation of such facilities, the reporting of an amendment, or the use or operation of the facilities under Article 26 (3).
(2) If a mental health rehabilitation facility fails to comply with an order issued under paragraph (1) to take remedial measures, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may order the mental health rehabilitation facility to suspend services for a period not exceeding one month or to close the mental health rehabilitation facility, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) If the social welfare corporation or nonprofit corporation that established and operates a mental health rehabilitation facility holds the permission to establish the corporation revoked or is dissolved, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall order the corporation to close the facility.
 Article 30 (Keeping of Records)
(1) The head of each mental health improvement facility shall enter and keep records of the following matters in medical charts, etc., as prescribed by Ordinance of the Ministry of Health and Welfare:
1. Details of the direct examination conducted at the time of hospitalization or admission;
2. Ascertainment of the willingness of discharge under Article 41 (3) or 42 (4);
3. The filing date and time of an application for discharge under Article 42 (2) and the grounds for denial of discharge;
4. A petition for examination to extend the period of hospitalization or admission under Article 43 (6) and the outcomes of the examination;
5. Medical records about medical treatment, including medication;
6. Minutes of meetings of the council on special medical treatment under Article 73;
7. Grounds for imposing restrictions on communications and visitation and details of such restrictions;
8. Grounds for imposing physical restraint under Article 75, such as isolation or tying down and details of such restrictions;
9. Details and the outcomes of the work therapy under Article 76;
10. Other matters specified by Ordinance of the Ministry of Health and Welfare.
(2) Upon receipt of a request from a hospitalized or admitted person to permit him/her to peruse the records under paragraph (1), to issue copies of such records, or to certify the descriptions of such records, the head of a mental health improvement facility shall comply with such request.
(3) If the legal guardian of a hospitalized or admitted person submits the written consent of the hospitalized or admitted person and a document certifying the identity of the legal guardian and requests the head of a mental health improvement facility to permit him/her to peruse the records under paragraph (1), to issue copies of such records, or to certify the descriptions of such records, the head of the mental health improvement facility shall comply with such request, notwithstanding Article 21 of the Medical Service Act: Provided, That, if the legal guardian is unable to obtain consent from the hospitalized or admitted person because the hospitalized or admitted person is dead or the hospitalized or admitted person lacks the ability to express his/her intention, the written consent may be substituted by a document specified by Ordinance of the Ministry of Health and Welfare.
(4) In cases specified by Presidential Decree as those where compliance with a request of a legal guardian under paragraph (3) is harmful to the hospitalized or admitted person, the head of a mental health improvement facility need not comply with such request, notwithstanding paragraph (3).
 Article 31 (Evaluation of Mental Health Improvement Facilities)
(1) The Minister of Health and Welfare shall conducts the evaluation of a mental health improvement facility (hereinafter referred to as "evaluation of a mental health improvement facility") periodically: Provided, That the evaluation of a mental health improvement facility may be substituted by the certification of a medical institution under Article 58 of the Medical Service Act or by the evaluation of a social welfare facility under Article 43-2 of the Social Welfare Services Act.
(2) The head of each mental health improvement facility shall undergo evaluation of the mental health improvement facility, except in extenuating circumstances.
(3) The Minister of Health and Welfare may entrust the evaluation of mental health improvement facilities to a specialized institution or organization.
(4) The Minister of Health and Welfare shall publish the outcomes of the evaluation of mental health improvement facilities.
(5) The Minister of Health and Welfare may provide administrative and financial support to mental health improvement facilities whose performance is found outstanding according to the outcomes of the evaluation of mental health improvement facilities.
(6) Matters necessary for the interval, scope, and procedure for the evaluation of mental health improvement facilities, the entrustment of the work for the evaluation of mental health improvement facilities, the publication of the outcomes of evaluation, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 32 (Hearings)
When the Minister of Health and Welfare, a Mayor/Do Governor, or the head of each Si/Gun/Gu intends to take any of the following administrative action, he/she shall hold a hearing:
1. Disqualification of a mental health specialist under Article 17 (5);
2. Revocation of the permission for opening a mental medical institution or issuance of an order to close facilities of a mental medical institution under Article 19 (5);
3. Revocation of the permission for establishing a mental health sanatorium under Article 25 (2);
4. Issuance of an order to close a mental health rehabilitation facility under Article 29 (2);
5. Revocation of the designation of a human rights education institute under Article 70 (4).
CHAPTER IV PROVISION OF WELFARE SERVICES
 Article 33 (Development of Welfare Services)
(1) The State and local governments shall endeavor to establish a system for supporting research activities for active development of services suitable to mentally ill persons so that mentally ill persons can develop their potential to the utmost in spite of a mental disease.
(2) Matters necessary for establishing a system for supporting research activities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 34 (Assistance in Employment and Vocational Rehabilitation)
(1) The State and local governments shall take measures necessary for promoting the employment of mentally ill persons, including the creation of jobs and assistance in business start-ups, so that mentally ill persons can enjoy vocational life by making the best use of their own abilities.
(2) The Minister of Health and Welfare shall take measures necessary for assisting mentally ill persons in vocational training, vocational guidance, etc. suitable to their abilities and characteristics.
(3) Matters necessary for the promotion of employment, vocational training, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 35 (Assistance in Lifelong Education)
(1) The State and local governments shall take measures to designate lifelong educational institutions within the jurisdiction of each Special Self-Governing City Mayor, each Special Self-Governing Province Governor, and the head of each Si/Gun/Gu and to conduct educational courses suitable to mentally ill persons so that such persons are afforded sufficient opportunities for lifelong education under Articles 3 and 4 of the Framework Act on Education.
(2) The State and local governments may fully or partially subsidize the lifelong educational institutions designated under paragraph (1) for expenses incurred in conducting educational courses for mentally ill persons, within budgetary limits.
(3) The Minister of Education shall determine the standards and procedure for designating lifelong educational institutions under paragraph (1), the standards for educational courses for mentally ill persons, the requirements for educational personnel, etc. through consultation with the Minister of Health and Welfare.
 Article 36 (Assistance in Cultural, Artistic, Recreational, Sports Activities, etc.)
The State and local governments shall endeavor to ensure that services that mentally ill persons need are provided maximally for their cultural, artistic, recreational, sports activities, etc., in addition to assistance provided under this Act.
 Article 37 (Integrated Assistance for Dwelling, Medical Treatment, Rehabilitation, etc. in Local Communities)
(1) The State and local governments shall take measures necessary for the dwelling and medical treatment of mentally ill persons in local communities.
(2) The State and local governments shall endeavor to render assistance to mentally ill persons in local communities, including assistance in rehabilitation in local communities to mentally ill persons who need to be admitted to or discharged from a mental health improvement facility (hereinafter referred to as "admission or discharge").
(3) Matters necessary for integrated assistance in the dwelling, medical treatment, rehabilitation, etc. in local communities under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 38 (Provision of Information to Families and Education of Families)
(1) The State and local governments may provide information necessary for families of mentally ill persons to assist mentally ill persons for proper recovery and achieve self-support or may conduct relevant educational programs for them.
(2) Matters necessary for the details, methods, etc. for the information provided and for the education conducted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER V CARE AND MEDICAL TREATMENT
 Article 39 (Legal Guardian)
(1) A guardian or a person under duty to furnish support under the Civil Act shall serve as the legal guardian of the relevant mentally ill person: Provided, That none of the following persons shall be qualified for a legal guardian:
1. A ward under adult guardianship or a ward under limited guardianship;
2. A person declared bankrupt but not yet reinstated;
3. A person who is or was a party to a lawsuit filed against the relevant mentally ill person and the spouse of such person;
4. A minor;
5. A missing person;
6. A person who is unable to perform the duty as a person under duty to furnish support due to any of other inevitable causes prescribed by Ordinance of the Ministry of Health and Welfare.
(2) The order of priority among persons under duty to furnish support under paragraph (1) shall be determined in the order of a guardian and a person under duty to furnish support but shall be determined in accordance with Article 976 of the Civil Act, if two or persons have a duty to furnish support.
 Article 40 (Duties of Legal Guardians)
(1) Every legal guardian shall endeavor to ensure that each mentally ill person under his/her custody undergoes appropriate medical treatment and care and training for adapting to society.
(2) If the mentally ill person under the custody of a legal guardian needs hospitalization in or admission to a mental medical institution or a mental health sanatorium (hereinafter referred to as "mental medical institution or mental health sanatorium"), the legal guardian shall respect the intention of the mentally ill person maximally and shall fully cooperate in discharging the mentally ill person, if psychiatrists diagnose that the mentally ill person may be discharged from the mental medical institution or mental health sanatorium.
(3) Every legal guardian shall exercise due care to prevent the mentally ill person under his/her custody from harming a third person and shall endeavor to protect the rights of the mentally ill person, including his/her property interests.
(4) No legal guardian shall abandon the mentally ill person under his/her custody.
 Article 41 (Voluntary Hospitalization, etc.)
(1) A mentally ill person or any other person who has a mental disorder may be voluntarily hospitalized in or admitted to a mental medical institution or a mental health sanatorium by filing an application for hospitalization or admission in the form prescribed by Ordinance of the Ministry of Health and Welfare with the head of the mental medical institution or mental health sanatorium.
(2) Upon receipt of an application for discharge from a person who has been voluntarily hospitalized or admitted, the head of a mental medical institution or mental health sanatorium shall discharge the person from the institution promptly.
(3) The head of a mental medical institution or a mental health sanatorium shall ascertain whether a person voluntarily hospitalized or admitted wishes to be discharged from the institution, every two months from the date of hospitalization or admission.
 Article 42 (Hospitalization, etc. with Consent)
(1) A mentally ill person may be hospitalized in or admitted to a mental medical institution or a mental health sanatorium by filing an application for hospitalization or admission with the head of the mental medical institution or mental health sanatorium with consent of the legal guardian in the form prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Upon receipt of an application for discharge from a person who has been voluntarily hospitalized or admitted under paragraph (1), the head of a mental medical institution or mental health sanatorium shall discharge the person from the institution promptly: Provided, That, only where a psychiatrist diagnoses that the patient needs medical treatment and care, in the course of an examination conducted upon receipt of an application for discharge filed by the patient without consent of the person's legal guardian, the head of the mental medical institution or mental health sanatorium refuse to honor the application for discharge for not exceeding 72 hours and may change the status of the applicant to the hospitalization or admission under Article 43 or 44 during the period in which discharge is denied.
(3) When the head of a mental medical institution or a mental health sanatorium denies discharge under the proviso to paragraph (2), he/she shall give written or electronic notice to the patient and his/her legal guardian of the ground for denial and the right to file a petition for the examination for discharge under Article 55.
(4) The head of a mental medical institution or a mental health sanatorium shall ascertain whether a person hospitalized or admitted under paragraph (1) wishes to be discharged from the institution, every two months from the date of hospitalization or admission.
 Article 43 (Hospitalization, etc. by Legal Guardians)
(1) Upon receipt of an application from two or more legal guardians of a mentally ill person (referring to two or more persons with priority according to the order of priority under Article 39 (2), if there is a dispute among legal guardians on hospitalization or admission or one person, if there is only one legal guardian), the head of a mental medical institution or a mental health sanatorium may hospitalize or admit the mentally ill person, only where a psychiatrist diagnoses that the mentally ill person needs hospitalization or admission. When the head of a mental medical institution or a mental health sanatorium hospitalizes or admits a person in such cases, he/she shall require the legal guardian to submit a written application for hospitalization or admission and a document certifying the authority of the legal guardian in the forms prescribed by Ordinance of the Ministry of Health and Welfare.
(2) If a mentally ill person meets each of the following criteria, the application for hospitalization or admission under paragraph (1) shall be accompanied by the written recommendation of hospitalization or admission, describing the diagnosis on each criterion, with respect to the psychiatrist's diagnosis on necessity for hospitalization or admission under the main sentence of paragraph (1):
1. Where a mentally ill person suffers a mental disease of a degree or nature requiring hospitalization or care at a mental medical institution or a mental health sanatorium;
2. Where a mentally ill person needs hospitalization or admission because the person is likely to harm his/her own health or safety or that of a third person (referring to cases where a person is likely to meet the criteria prescribed by Ordinance of the Ministry of Health and Welfare).
(3) If the result of an examination conducted by a psychiatrist indicates that a mentally ill person meets each of the criteria of paragraph (2) and needs hospitalization or admission, the head of a mental medical institution or a mental health sanatorium may require the person to be hospitalized or admitted within a specified period not exceeding two weeks for a more detailed examination of symptoms.
(4) Only where there is a consensus among two or more psychiatrists who work for different mental medical institutions or mental health sanatoriums (including at least one psychiatrist who works for a national or public mental medical institution or mental health sanatorium under Article 21 or 22 or a mental medical institution or a mental health sanatorium designated by the Minister of Health and Welfare) on the result of the examination conducted under paragraph (3) on a mentally ill person, the head of a mental medical institution or a mental health sanatorium may require the mentally ill person to be hospitalized or admitted for medical treatment.
(5) The period of hospitalization or admission under paragraph (4) shall not exceed three months from the date of initial hospitalization or admission: Provided, That the period of hospitalization or admission may be extended as follows:
1. Extension of the period of the initial hospitalization or admission after the three months: By up to three months;
2. Extension of the period of hospitalization or admission after the extension of the initial hospitalization or admission under subparagraph 1: By up to six months everytime the period of hospitalization or admission is extended.
(6) Only where all the following criteria are met, the head of a mental medical institution or a mental health sanatorium may extend the period of hospitalization or admission pursuant to any subparagraph of paragraph (5). In such cases, the head of the mental medical institution or mental health sanatorium shall request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever has jurisdiction over the relevant case, to examine the relevant case for the extension of the period within the period specified by Presidential Decree, everytime it is intended to extend the period of hospitalization or admission:
1. Where there is a consensus among two or more psychiatrists who work for different mental medical institutions or mental health sanatoriums (including at least one psychiatrist who works for a national or public mental medical institution or mental health sanatorium under Article 21 or 22 or a mental medical institution or a mental health sanatorium designated by the Minister of Health and Welfare) on the necessity for extending the period of hospitalization or admission for medical treatment;
2. Where two or more legal guardians under paragraph (1) (hereinafter referred to as "legal guardians requested") (or one legal guardian, if only one legal guardian requested at the time an application for hospitalization or admission was filed under paragraph (1)) submit written consent to extend the period of hospitalization or admission under paragraph (5).
(7) Upon receipt of notice of an order for discharge or temporary discharge, etc. (referring to a measure to determine whether to hospitalize or readmit a person after the lapse of a certain period subsequent to temporary discharge, etc.; hereinafter the same shall apply) under Article 59 (including cases to which the afore-said Article shall apply mutatis mutandis pursuant to Article 61 (2)) from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever has jurisdiction over the relevant case with regard to a request for examination to extend the period of hospitalization or admission under paragraph (6), the head of a mental medical institution or a mental health sanatorium shall discharge or temporarily discharge the relevant mentally ill person promptly.
(8) When the head of a mental medical institution or a mental health sanatorium hospitalizes or admits a person or extends the period of hospitalization or admission of a person under any provision of paragraphs (1) and (3) through (5), he/she shall promptly give written notice thereof and grounds therefor to the hospitalized or admitted person and the person's legal guardian.
(9) Upon receipt of a discharge application from a hospitalized or admitted person or the legal guardian of such person, the head of a mental medical institution or a mental health sanatorium shall discharge the person promptly: Provided, That the head of a mental medical institution or a mental health sanatorium may deny discharge, if the hospitalized or admitted person meets each of the criteria of paragraph (2).
(10) When the head of a mental medical institution or a mental health sanatorium discharges a hospitalized or admitted person under the main sentence of paragraph (9), he/she shall give written notice thereof to the legal guardian of the person promptly, while the head of a mental medical institution or a mental health sanatorium shall promptly give written notice of the denial of discharge, grounds for denial, the right to file a petition for the examination for discharge under Article 55, and the procedure for filing such petition to the mentally ill person and the legal guardian who has applied for discharge.
(11) If the relevant region lacks mental medical institutions, mental health sanatoriums, or psychiatrists, a different detailed implementation plan shall be formulated with regard to the requirement of examination by two or more psychiatrists who work for different mental medical institutions or mental health sanatoriums under paragraph (4) or (6) 1, as prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 44 (Hospitalization by Special Self-Governing City Mayor, Special Self-Governing Province Governor, or Head of Si/Gun/Gu)
(1) When a psychiatrist or mental health specialist discovers that a person is likely to harm his/her own health or safety or that of a third person due to a mental disease, he/she may request the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to conduct a medical examination and provide care to such person, as prescribed by Presidential Decree.
(2) When a police officer (referring to a police officer, defined by Article 2 (2) 2 of the State Public Officials Act, or a municipal police officer, defined by Article 2 (2) 2 of the Local Public Officials Act; hereinafter the same shall apply) discovers any person at risk of harming his own health or safety or that of a third person due to a mental disease, the police officer may request a psychiatrist or a mental health specialist to conduct a medical examination and provide care to such person.
(3) Upon receipt of a request under paragraph (1), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall request a psychiatrist promptly to conduct a medical examination on the person who is suspected to be mentally ill.
(4) If a psychiatrist discovers that it is necessary to examine in more detail a person who is suspected to be mentally ill, as referred to in paragraph (3), because the person is likely to harm his/her own health or safety or that of a third person, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may hospitalize the person to a mental medical institution designated by the Minister of Health and Welfare or by the head of a local government (hereinafter referred to as "designated mental medical institution") for a specified period not exceeding two weeks.
(5) When the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu hospitalizes a person under paragraph (4), he/she shall give written notice of grounds for hospitalization and the period and place of hospitalization promptly to the legal guardian of the person or the person who has custody of the person.
(6) When the head of a mental medical institution hospitalizes a person who is suspected to be mentally ill under paragraph (4), he/she shall have two or more psychiatrists examine the person's symptoms and shall give written notice of the results thereof to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu.
(7) Only where there is a consensus among two or more psychiatrists on the necessity for continuous hospitalization of a mentally ill person in the course of the examination conducted under paragraph (6), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request a designated mental medical institution to hospitalize the mentally ill person.
(8) When the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests for hospitalization under paragraph (7), he/she shall promptly give written notice of grounds for which the mentally ill person needs continuous hospitalization, the period of hospitalization, the right to file a petition for the examination for discharge or improvement of treatment under Article 55, and the procedure for filing such petition to the mentally ill person and his/her legal guardian or the person who has custody of the mentally ill person.
(9) If a person who is suspected to be mentally ill conducts any dangerous act that is likely to harm his/her own health or safety or that of a third person while the person is examined or hospitalized under paragraph (3) or (4), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request 119 rescue squad members, defined by Article 2 of the Act on 119 Rescue and Emergency Medical Services, (hereinafter referred to as "rescue squad members") to assist him/her in transporting the person.
(10) Matters necessary for the criteria for the designation of designated mental medical institutions, the revocation of designation and the criteria for the revocation of designation, the procedure for designation and the procedure for revocation of designation, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 45 (Reporting, etc. of Hospitalization or Admission to Committee for Examination as to Legitimacy of Admission)
(1) When the head of a mental medical institution or a mental health sanatorium hospitalizes or admits a person under Article 43 or 44, he/she shall give oral or written notice immediately to the hospitalized or admitted person of grounds for hospitalization or admission and the right to examination as to legitimacy of hospitalization by the committee for the examination as to legitimacy of admission under Article 46 and shall ascertain the hospitalized or admitted person's intention to apply for a direct investigation, orally or in writing.
(2) The head of a mental medical institution or mental health sanatorium under paragraph (1) shall report personal data of a hospitalized or admitted person, including his/her resident registration number, the date of hospitalization or admission, the name of the diagnosed diseases, the necessity for hospitalization or admission, whether to apply for a direct investigation, and other matters specified by Presidential Decree to the committee for the examination as to legitimacy of admission under Article 46 within three days from the date of hospitalization or admission.
 Article 46 (Establishment, Operation, etc. of Committee for Examination as to Legitimacy of Admission)
(1) The Minister of Health and Welfare shall establish a committee for the examination as to legitimacy of admission within the institutions specified by Presidential Decree, including national mental hospitals under Article 21, (hereinafter referred to as "national mental hospitals and specified institutions") in order to examine the legitimacy of hospitalization or admission under Article 43 or 44, and the area covered by each national mental hospital or any specified institution for examination shall be specified by Presidential Decree.
(2) The committee for the examination as to legitimacy of admission shall examine whether hospitalization or admission under Article 43 or 44 is legitimate.
(3) The committee for the examination as to legitimacy of admission shall be comprised of at least ten but not exceeding thirty members, including one chairperson, and the head of each national mental hospital or specified institution shall serve as chairperson, while committee members shall be appointed or commissioned by the Minister of Health and Welfare from among the persons recommended by the chairperson, but at least one person from each of the following categories shall be included in the committee:
1. Psychiatrists;
2. Judges, public prosecutors, and licensed attorneys-at-law;
3. Mental health specialists who belong to a mental health welfare center;
4. Family members of a mentally ill person, who have endeavored to care for and rehabilitate the mentally ill person;
5. The following persons who have expertise and experience in mental health:
(a) The founder and operator of a mental health improvement facility;
(b) A person who works for a school defined by Article 2 of the Higher Education Act as least a full-time lecturer teaching psychology, nursing science, social welfare, or social work;
(c) A person who has recovered from a mental disease;
(d) Other persons recognized as having expertise and experience in mental health and human rights, such as public officials related to mental health and experts in human rights.
(4) A subcommittee for the examination of admission shall be comprised of at least five but not exceeding fifteen members, and the chairperson shall be appointed or commissioned from among members of the committee for the examination as to legitimacy of admission.
(5) The committee for the examination as to legitimacy of admission and subcommittees for the examination of admission shall hold meetings at least monthly: Provided, That the foregoing shall not apply in the months where no case is to be examined.
(6) The term of office of each member of the committee for the examination as to legitimacy of admission and of subcommittees for the examination of admission shall be two years but may be renewed consecutively.
(7) The committee for the examination as to legitimacy of admission shall have one secretary appointed by the chairperson from among employees of the relevant national mental hospital or specified institution.
(8) Matters necessary for the composition, operation, etc. of the committee for the examination as to legitimacy of admission and subcommittees for the examination of admission shall be prescribed by Presidential Decree.
 Article 47 (Examination by Committee for Examination as to Legitimacy of Admission, Notice of Results of Examination, etc.)
(1) The chairperson of a committee for the examination as to legitimacy of admission shall refer a case of hospitalization or admission reported under Article 45 (2) to the subcommittee for the examination of admission and shall notify the competent family court of hospitalization or admission, if the hospitalized or admitted person is a ward under guardianship.
(2) The subcommittee for the examination of admission shall examine as to whether the case of hospitalization or admission referred to it under paragraph (1) is legitimate and shall report the results of examination to the chairperson of the committee for the examination as to legitimacy of admission.
(3) The chairperson of a committee for the examination as to legitimacy of admission shall give written notice to the head of a mental medical institution or a mental health sanatorium of whether a case of hospitalization or admission is legitimate to the head of a mental medical institution or a mental health sanatorium within one month from the date of initial hospitalization or admission. Matters necessary for the method, procedure, etc. for giving notice in such cases shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Upon receipt of notice of illegitimacy of hospitalization or admission under paragraph (3), the head of a mental medical institution or a mental health sanatorium shall discharge the hospitalized or admitted person promptly.
(5) Matters necessary for the meeting of subcommittees for the examination of admission, the examination and reporting by the subcommittees, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 48 (Investigation of Legitimacy of Admission)
(1) If a hospitalized or admitted person applies for a direct investigation, the legitimacy of hospitalization or admission is doubtful, or any of the grounds specified by Presidential Decree exists, the head of the relevant committee for the examination as to legitimacy of admission may ex officio authorize employees of the relevant national mental hospital or other specified institution (hereinafter referred to as "investigators") to enter the relevant mental medical institution or mental health sanatorium to interview the hospitalized or admitted person face to face and to investigate the legitimacy of hospitalization or admission and the necessity for hospitalization or admission before the case is referred to the subcommittees for the examination of admission under Article 47 (1).
(2) Each investigator who performs an investigation under paragraph (1) may request the head of the relevant mental medical institution or mental health sanatorium to take the following actions. In such cases, the head of the mental medical institution or mental health sanatorium shall cooperate with the investigators, except in any extenuating circumstance specified by Presidential Decree:
1. Interview with the person hospitalized in or admitted to the mental medical institution or mental health sanatorium and workers in the mental medical institution or mental health sanatorium;
2. Submission of medical records and records of hospitalization or admission of the person hospitalized in or admitted to the mental medical institution or mental health sanatorium;
3. Entry to a mental medical institution or a mental health sanatorium and inspection of the site;
4. Other matters specified by Presidential Decree as those necessary for ascertaining the legitimacy of hospitalization or admission.
(3) Each investigator who performs an investigation under paragraphs (1) and (2) shall carry identification certificates indicating their authority and produce the certificates to the persons to be investigated.
(4) Matters necessary for the qualification for investigations, the methods and procedure for investigation, including entry to a mental medical institution or mental health sanatorium and interview therein, shall be prescribed by Presidential Decree.
 Article 49 (Exclusion of Members, etc. of Committee for Examination as to Legitimacy of Admission)
Committee members who belong to the mental medical institution or mental health sanatorium to which the examined person is hospitalized or admitted shall be excluded from the examination for hospitalization or admission by the committee for the examination as to legitimacy of admission and the subcommittee for the examination of admission under Articles 46 and 47.
 Article 50 (Emergency Hospitalization)
(1) If a person who discovers any person who is presumed to be mentally ill and is highly likely to harm his/her own health or safety or that of a third person lacks time to hospitalize the person to a mental medical institution or mental health sanatorium under Articles 41 through 44, he/she may request emergency hospitalization of the person to a mental medical institution with consent of a medical doctor and a police officer.
(2) Upon receipt of a request for hospitalization under paragraph (1), the police officer or rescue squad member who consented to hospitalization shall transport the person to a mental medical institution.
(3) Upon receipt of a request for emergency hospitalization of a person under paragraph (1), the head of a mental medical institution may hospitalize the person urgently for a period not exceeding three days (excluding holidays).
(4) The head of a mental medical institution, who hospitalizes a person urgently under paragraph (3), shall have a psychiatrist examine symptoms of the person hospitalized promptly.
(5) Where it is discovered, in the course of the examination of a psychiatrist under paragraph (4), that a person is mentally ill, is likely to harm his/her own health or safety or that of a third person, and thus it is necessary to continue to hospitalize the person, the head of the relevant mental medical institution shall take measures necessary for hospitalization under Articles 41 through 44 but shall discharge the person, if he/she discovers that it is unnecessary to continue to hospitalize the person.
(6) When the head of a mental medical institution hospitalizes a person in an emergency under paragraph (3), he/she shall promptly give written notice of the grounds for which hospitalization is needed and the period and place of hospitalization to the legal guardian of the person or the person who has custody of such person.
 Article 51 (Verification of Personal Information)
(1) The head of a mental health improvement facility shall verify personal information of a person who is hospitalized in or admitted to the mental health improvement facility or uses its facilities and the legal guardian of such person, including names and addresses, and shall request the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu to inquire into such personal information, as prescribed by Ordinance of the Ministry of Health and Welfare, if he/she is unable to verify personal information of such persons.
(2) Upon receipt of a request for inquiry under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify personal information of the relevant persons and shall notify the head of the relevant mental health improvement facility of the outcomes thereof.
(3) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has difficulty in verifying personal information of any person as requested for inquiry under paragraph (2), he/she may request the chief of the relevant police station to verify such person’s personal information.
 Article 52 (Notice of Discharge)
(1) When a person hospitalized in or admitted to a mental medical institution or mental health sanatorium under any of Articles 41 through 44 and 50 is discharged, the head of the mental medical institution or mental health sanatorium shall notify the head of the relevant mental health welfare center or the head of the relevant public health clinic (limited to where no mental health welfare center exists in the relevant area) of the discharge of the person, with consent of the person thereto, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That, if a psychiatrist discovers that the person to be discharged lacks the ability to express his/her intention, the person's consent may be substituted by consent of his/her legal guardian.
(2) Upon receipt of notice of discharge under paragraph (1), the head of a mental health welfare center or the head of a public health clinic shall meet the person to be discharged or the legal guardian of such person and prepare a plan for assisting the person in rehabilitation and rehabilitation into society.
CHAPTER VI PETITION FOR DISCHARGE, EXAMINATION THEREOF, ETC.
 Article 53 (Establishment and Operation of Mental Health Deliberation Committee)
(1) In order to deliberate on or examine important matters regarding mental health, each Mayor/Do Governor and the head of each Si/Gun/Gu shall establish a regional mental health deliberation committee as an organ under the direction of the Mayor/Do Governor and a primary mental health deliberation committee under the direction of the head of each Si/Gun/Gu respectively: Provided, That it need not establish a primary mental health deliberation committee in a Si/Gun/Gu that does not have any mental medical institution or mental health sanatorium.
(2) A regional mental health deliberation committee shall deliberate on or examine the following matters: Provided, That the regional mental health deliberation committee established in a Special Self-Governing City or a Special Self-Governing Province shall deliberate on or examine the matters specified in paragraph (3) in addition to the following matters:
1. Supervision of mental health improvement facilities;
2. Petitions for review under Article 60;
3. Other matters specified by Ordinance of the Ministry of Health and Welfare.
(3) A primary regional mental health deliberation committee shall deliberate on or examine the following matters:
1. Petitions for examination to extend the period of hospitalization or admission under Article 43 (6);
2. Petitions for examination of hospitalization or admission or of improvement of treatment under Article 55 (1);
3. Examination to extend the period of hospitalization under Article 62 (2);
4. Issuance of orders for outpatient treatment under Article 64;
5. Other matters specified by Ordinance of the Ministry of Health and Welfare.
(4) A regional mental health deliberation committee shall be comprised of at least ten but not exceeding twenty members, while a primary mental health deliberation committee shall be comprised of at least six or but not exceeding twelve members, and the term of office of each committee member shall be two years.
(5) Members of each regional mental health deliberation committee or of each primary mental health deliberation committee (hereinafter referred to as "mental health deliberation committee") shall be appointed or commissioned by the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, but at least one person who falls under any of the following subparagraphs shall be included in each committee: Provided, That at least three persons who fall under any item of subparagraph 5 (b) through (d) shall be included in each regional mental health deliberation committee as members, while at least two persons who fall under any item of subparagraph 5 (b) through (d) shall be included in each primary mental health deliberation committee as members:
1. Psychiatrists;
2. Judges, public prosecutors, or licensed attorneys-at-law;
3. Mental health specialists who belong to a mental health welfare center;
4. Family members of a mentally ill person, who have endeavored to care for and rehabilitate the mentally ill person;
5. The following persons who have expertise and experience in mental health:
(a) The founder and operator of a mental health improvement facility;
(b) A person who works for a school, defined by Article 2 of the Higher Education Act, as at least a full-time lecturer teaching psychology, nursing science, social welfare, or social work;
(c) A person who has recovered from a mental disease;
(d) Other persons recognized as having expertise and experience in mental health and human rights, such as public officials related to mental health and experts in human rights.
(6) When a mental health deliberation committee becomes aware of a violation of human rights of a mentally ill person, it may request the National Human Rights Commission to conduct an investigation.
(7) Each mental health deliberation committee shall hold meetings at least monthly for deliberation or examination: Provided, That the foregoing shall not apply in the months in which no issue is pending for deliberation or examination.
(8) Matters necessary for the organization, operation, etc. of mental health deliberation committees shall be prescribed by Presidential Decree.
 Article 54 (Establishment and Operation of Mental Health Examination Committee)
(1) In order to handle affairs related to examination expertly, among affairs of a mental health deliberation committee, each regional mental health deliberation committee shall have a regional mental health examination committee, while each primary mental health deliberation committee shall have a primary mental health examination committee.
(2) A regional mental health examination committee or a primary mental health examination committee (hereinafter referred to as "mental health examination committee") shall be comprised of at least five but not exceeding nine members appointed by the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, from among members of the relevant mental health deliberation committee. In such cases, at least one person who falls under each subparagraph of Article 53 (5) 1, 2, and 3 and at least two persons who fall under any item of Article 53 (5) 5 (b) through (d) shall be included in each committee as members.
(3) Each mental health examination committee shall hold meetings at least monthly: Provided, That the foregoing shall not apply in the months in which no issue is pending for examination.
(4) Matters necessary for the organization, operation, etc. of mental health examination committees shall be prescribed by Presidential Decree.
 Article 55 (Petition for Examination for Discharge or Improvement of Treatment)
(1) A person who is hospitalized in or admitted to a mental medical institution or a mental health sanatorium or the legal guardian of such person may file a petition for the examination for discharge, or improvement of treatment, of the hospitalized or admitted person (including the appropriateness of work therapy under Article 76; hereinafter the same shall apply) with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever has jurisdiction over the relevant case.
(2) Matters necessary for the procedure for filing a petition under paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 56 (Referral to Mental Health Deliberation Committee)
Upon receipt of a petition for examination under Article 43 (6) or 55 (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall refer the petition to the relevant mental health deliberation committee promptly for a meeting.
 Article 57 (Examination for Discharge or Improvement of Treatment)
(1) Upon receipt of a case referred to the mental health deliberation committee under Article 56, the mental health examination committee shall examine the case and shall report the results thereof to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu.
(2) When the mental health examination committee examines a case under paragraph (1), it shall hear the opinion of the head of the mental medical institution or mental health sanatorium where the examined person is hospitalized or admitted: Provided, That it does not require such opinion where the examined cases concerns the improvement of treatment under Article 55 (1).
(3) When the mental health examination committee examines a case under paragraph (1), it may request the head of the relevant mental medical institution or mental health sanatorium or the examined person or the legal guardian of such person to submit medical records and the records specified in Article 30 (1), notwithstanding Article 21 of the Medical Service Act.
 Article 58 (Exclusion of, Challenge against, or Voluntary Refrainment by Members of Mental Health Examination Committee)
(1) A member of a mental health examination committee under Article 57 shall be excluded from examination by the committee of the extension of the period of hospitalization or admission of a person or of the improvement of treatment of a person, if the member decided to hospitalize or admit the person or belongs to the mental medical institution or mental health sanatorium to which the person is hospitalized or admitted.
(2) If a person who files a petition for examination to extend the period of hospitalization or admission, discharge, or improvement of treatment has a ground to believe that he/she cannot reasonably expect impartial examination by a member of the relevant mental health examination committee, he/she may file a challenge with the committee against the member, and the committee shall make a determination thereon. In such cases, the member subject to such challenge shall not participate in examination of the challenge.
(3) If a member has a ground to be excluded from examination under paragraph (1), he/she shall voluntarily refrain from the examination of the relevant case.
 Article 59 (Services, etc. of Order for Discharge)
(1) Upon receipt of a report from the mental health deliberation committee under Article 57 (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue any of the following orders or determinations within 15 days from the filing date of the petition for examination. The order or determination under subparagraph 4 or 5 may be issued only at the request, or with consent, of the hospitalized or admitted person subject to examination:
1. An order to discharge or temporarily discharge;
2. An order to take measures for improving treatment;
3. Review within three months;
4. Transfer to another mental medical institution or mental health sanatorium;
5. Change to voluntary hospitalization or admission under Article 41 or hospitalization or admission with consent under Article 42;
6. An order for outpatient treatment under Article 64;
7. A determination to extend the period of hospitalization or admission;
8. A determination to continue hospitalization or admission.
(2) If a psychiatrist discovers that a hospitalized or admitted person lacks the ability to express his/her intention, the person's request or consent under the latter part of paragraph (1) may be substituted by the request or consent of his/her legal guardian.
(3) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is unable to issue an order or a determination within the period specified in the main sentence of paragraph (1) in extenuating circumstances, he/she may extend the period by up to ten days, notwithstanding paragraph (1).
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall serve the petitioner for examination under Article 43 (6) or 55 (1), the relevant mental health deliberation committee, and the head of the relevant mental medical institution or mental health sanatorium, promptly, with the order issued or the determination made in writing under paragraph (1): Provided, That notice of the ground for extension of the period and the extended period shall be given in cases falling under paragraph (3).
 Article 60 (Petition for Review)
(1) In any of the following cases, a mentally ill person entitled to file a petition for examination under Article 43 (6) and the legal guardian of such person, the person who filed a petition for examination under Article 55 (1), or the mentally ill person ordered to undergo outpatient treatment under Article 64 (2) and the legal guardian of such person may file a petition for review with the relevant Mayor/Do Governor:
1. Where a person objects to any of the results of examination notified under Article 59 (4) or his/her case was not examine during the period specified for examination;
2. Where a person objects to an order for outpatient treatment under Article 64 (2).
(2) Matters necessary for the procedure for filing a petition for review under paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 61 (Referral, etc. for Review)
(1) Upon receipt of a petition for review under Article 60 (1), the Mayor/Do Governor shall refer the petition to the metropolitan/provincial mental health deliberation committee for examination.
(2) Article 57 shall apply mutatis mutandis to examination by a metropolitan/provincial mental health deliberation committee, Article 58 to the exclusion of, challenge against, or voluntary refrainment by a committee member, and Article 59 to the services, etc. of an order for discharge by a Mayor/Do Governor. In such cases, "a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu" shall be construed as "a Mayor/Do Governor."
(3) When the metropolitan/provincial mental health examination committee of a Special Self-Governing City or a Special Self-Governing Province is organized in order to examine a petition for review in the committee under Article 57 which shall apply mutatis mutandis pursuant to paragraph (2), the metropolitan/provincial mental health examination committee for review shall be further formed with the members of the relevant metropolitan/provincial mental health deliberation committee, excluding the members who participated in initial examination under Article 57. The latter part of Article 54 (2) shall not apply to such cases.
 Article 62 (Cancellation of Hospitalization by Special Self-Governing City Mayor, Special Self-Governing Province Governor, or Head of Si/Gun/Gu)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall cancel the hospitalization of a mentally ill person hospitalized under Article 44 (7) within three months from the date of initial hospitalization and shall give written notice of cancellation of hospitalization to the head of the mental medical institution in which the mentally ill person is hospitalized. In such cases, the head of such mental medical institution shall discharge the mentally ill person promptly.
(2) If it is clearly foreseen, according to diagnoses by two or more psychiatrists and the outcomes of examination by the relevant mental health examination committee, that a mentally ill person will harm his/her own health or safety or that of a third person due to a mental disease if the person is discharged, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may extend the period of hospitalization or admission as follows:
1. The initial extension of the period of hospitalization after the three months under paragraph (1): Not exceeding three months;
2. Extension of the period of hospitalization after the initial extension of the period of hospitalization under subparagraph 1: Not exceeding six months everytime the period of hospitalization is extended.
(3) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu hospitalizes a mentally ill person by extending the period of hospitalization under paragraph (2), he/she shall give written notice of the ground for which it is necessary to extend the period of hospitalization and the extended period of hospitalization to the mentally ill person and the legal guardian of the mentally ill person or the person who has custody of the mentally ill person.
 Article 63 (Temporary Discharge, etc.)
(1) If the head of the mental medical institution or mental health sanatorium to which a mentally ill person is hospitalized or admitted under Article 43 or 44 concludes, according to diagnoses by two or more psychiatrists, that it is necessary to temporarily discharge the mentally ill person and observe the progress of his/her recovery in view of the mentally ill person's symptoms, he/she shall temporarily discharge the mentally ill person for not exceeding three months and shall give notice thereof to the legal guardian of the mentally ill person or the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu.
(2) In the case of paragraph (1) or where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu serves him/her with an order for temporary discharge under Article 59 (including the cases to which the afore-said Article shall apply mutatis mutandis pursuant to Article 61 (2)), the Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the Si/Gun/Gu may observe the progress after temporary discharge of the mentally ill person.
(3) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu concludes, in the course of observation under paragraph (2), it is necessary to re-hospitalize or re-admit a temporarily discharged mentally ill person due to a change in the person's symptoms, he/she may re-hospitalize or re-admit the mentally ill person (hereinafter referred to as "re-hospitalization") after hearing opinions from two psychiatrists. The period of re-hospitalization in such cases shall not exceed three months from the date of re-hospitalization.
 Article 64 (Order, etc. for Outpatient Treatment)
(1) The head of a mental medical institution may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to issue an order for outpatient treatment for not exceeding one year to any of the persons specified by Presidential Decree, with consent of the legal guardian of the person, from among the mentally ill persons hospitalized under Articles 43 and 44, if the person had committed an act of harming his/herself or a third person before he/she was hospitalized due to a symptom of a mental disease.
(2) Upon receipt of a request for issuing an order for outpatient treatment under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a mentally ill person to undergo outpatient treatment for a specified period not exceeding one year, following deliberation by the relevant mental health deliberation committee thereon.
(3) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu issues an order for outpatient treatment under paragraph (2), he/she shall give written notice thereof to the relevant mentally ill person, the legal guardian of the mentally ill person, the head of the mental medical institution who requested the order for outpatient treatment, and the head of the mental medical institution who shall perform the order for outpatient treatment promptly.
(4) If a person ordered to undergo outpatient treatment under paragraph (2) ceases to undergo medical treatment in violation of the order for outpatient treatment, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu may order the person to undergo an assessment at a designated mental medical institution in order to assess whether the person is likely to harm his/her own health or safety or that of a third person. The person so ordered in such cases shall undergo an assessment at a designated mental medical institution within 14 days from the date he/she receives such order.
(5) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu orders a person to whom an order for outpatient treatment was issued to undergo an assessment under paragraph (4), he/she may request a rescue squad to transport the person to a mental medical institution.
(6) If it is concluded, in the course of the evaluation conducted under paragraph (4), that a person ordered to undergo outpatient treatment is unlikely to harm his/her own health or safety or that of a third person, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall withdraw the order for outpatient treatment but shall take any of the following measures, if it is concluded that the person is likely to harm his/her own health or safety or that of a third person:
1. Advising the person to file an application for voluntary hospitalization or admission pursuant to Article 41;
2. Advising the person to file an application for hospitalization or admission with consent pursuant to Article 42;
3. Requesting the legal guardian to file an application for hospitalization or admission pursuant to Article 43 (1);
4. Forcing the person to be hospitalized pursuant to Article 44 (7) (limited to where such person fails to comply with any measure taken under subparagraphs 1 through 3).
(7) The State and local governments may fully or partially subsidize expenses incurred by an order for outpatient treatment.
 Article 65 (Measures against Persons Leaving without Permission)
(1) If a mentally ill person hospitalized in or admitted to a mental medical institution or mental health sanatorium left the institution or sanatorium without permission and whereabouts of the person are unknown, although the person is likely to harm his/her own health or safety or that of a third person, the head of the mental medical institution or mental health sanatorium may give notice of the following matters to the chief of the relevant police station or the Governor of Jeju Special Self-Governing Province that has a municipal police agency to request a search for the person:
1. The name, address, gender, date of birth of the person who left the institution or sanatorium;
2. The date and time of hospitalization or admission and the date and time of leaving;
3. Summary of symptoms and a description of the person's appearance;
4. The name and address of the legal guardian or custodian of the person.
(2) When a police officer discovers a person who has been searched for according to a request under paragraph (1), he/she shall notify the head of the relevant mental medical institution or mental health sanatorium of the finding immediately.
(3) Upon receipt of notice under paragraph (2), the head of a mental medical institution or mental health sanatorium shall take custody of the mentally ill person immediately: Provided, That, if he/she is unable to take custody of the mentally ill person in extenuating circumstances, the police office may keep the mentally ill person in a police agency, a medical institution, a social welfare facility, or any similar facility for not exceeding 24 hours until the mentally ill person is transferred.
 Article 66 (Reporting, Inspection, etc.)
(1) The Minister of Health and Welfare, each Mayor/Do Governor, and the head of each Si/Gun/Gu shall provide guidance to the founders and operators of mental health improvement facilities with regard to their services and shall supervise their services or shall authorize public health clinics to provide guidance thereto and supervise their services and shall order them to submit reports or relevant documents regarding their services at least annually or shall authorize related public officials to inspect books of accounts, documents, or other status of operation of relevant facilities.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may authorize related public officials and members of the mental health deliberation committee to enter a mental health improvement facility and interview any person hospitalized in or admitted to the facility to examine the appropriateness of hospitalization or admission, the necessity for discharge, or treatment. Upon completion of examination in such cases, the related public officials and members of the mental health deliberation committee shall report the outcomes of the examination promptly to the Mayor/Do Governor or the head of the Si/Gun/Gu.
(3) The related public officials and members of the mental health deliberation committee who conducts an inspection and an examination under paragraphs (1) and (2) shall carry identification certificates indicating their authority and shall produce the certificates to relevant persons.
(4) A Mayor/Do Governor or the head of a Si/Gun/Gu may order the head of a mental health improvement facility to discharge a mentally ill person or to take measures for improving treatment, according to the outcomes of the examination under paragraph (2).
(5) When the head of a mental health improvement facility discharges a mentally ill person under paragraph (4), he/she shall notify the head of the relevant public health clinic and the head of the relevant mental health welfare center thereof, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the foregoing shall not apply where the mentally ill person or the legal guardian of the person does not consent to such notice.
 Article 67 (System for Management of Admission, Discharge, etc.)
(1) The Minister of Health and Welfare shall establish and operate a system for the management of admission, discharge, etc. in order to manage hospitalization, admission, discharge, etc. at/in/from mental medical institutions and mental health sanatoriums.
(2) The head of a mental medical institution or mental health sanatorium shall enter the details reported under Article 45 (2) and the matters specified by Presidential Decree with regard to discharge, etc. in the system for the management of hospitalization, admission, discharge, etc. under paragraph (1).
(3) No information entered in the system for the management of hospitalization, admission, discharge, etc. under paragraph (2) shall be subject to processing under Article 2 of the Personal Information Protection Act, except in cases specified by Presidential Decree, including cases where such information is required for hospitalization, admission, discharge, etc.
(4) If a mentally ill person requests to delete all or part of his/her records entered in the system for the management of hospitalization, admission, discharge, etc. under paragraph (1) after the person is discharged, the Minister of Health and Welfare shall delete the relevant records promptly and shall give written or electronic notice to the person.
(5) The Minister of Health and Welfare may entrust affairs related to the establishment and operation of the system for the management of hospitalization, admission, discharge, etc. under paragraph (1) to the institution specified by Presidential Decree.
CHAPTER VII PROTECTION OF RIGHTS AND INTERESTS, SUPPORT, ETC.
 Article 68 (Prohibition, etc. of Hospitalization, etc.)
(1) Except in cases of emergency hospitalization under Article 50, no person shall hospitalize or admit any mentally ill person in a mental medical institution or mental health sanatorium or extend the period of hospitalization or admission. without a direct diagnosis by a psychiatrist.
(2) The diagnosis under paragraph (1) shall be valid for 30 days from the issue date of the medical certificate.
 Article 69 (Protection of Rights and Interests)
(1) No person shall restrict any person's opportunities for education, employment, or the use of a facility, deprive any person of such opportunities, or otherwise treat any person unfairly on the ground that the person is or was mentally ill.
(2) No person shall record the voice, images, or activities of a mentally ill person with audio or video recording equipment without consent of the mentally ill person or the legal guardian of the mentally ill person or the person who has custody of the mentally ill person.
(3) The head of a mental health improvement facility shall not force labor on any mentally ill person who is hospitalized in or admitted to the facility or who uses the facility for any purpose other than medical treatment or rehabilitation according to the instruction of a psychiatrist.
 Article 70 (Human Rights Education)
(1) The head and workers of each mental health improvement facility shall undergo education in human rights (hereinafter referred to as "human rights education").
(2) The Minister of Health and Welfare may designate human rights education institutes for education in human rights.
(3) The Minister of Health and Welfare may partially subsidize the human rights education institutes designated pursuant to paragraph (2) for expenses incurred in operating educational courses, within budgetary limits, and the human rights education institutes designated pursuant to paragraph (2) may recover expenses incurred in education from educatees with approval of the Minister of Health and Welfare.
(4) In any of the following cases, the Minister of Health and Welfare may revoke the designation of any human rights education institutes designated pursuant to paragraph (2) or may suspend business operations of such institute for a specified period not exceeding six months: Provided, That the designation must be revoked in the case of subparagraph 1:
1. If a human rights education institute obtains the designation by fraud or other improper means;
2. If a human rights education institute fails to meet any of the requirements for designation as prescribed by Ordinance of the Ministry of Health and Welfare under paragraph (5);
3. Where it is discovered that a human rights education institute significantly lacks the ability to conduct human rights education.
(5) Matters necessary for the criteria, etc. for the hours, educatees, contents, and methods of human rights education, the designation of human rights education institute under paragraph (2), including requirements for designation, and the revocation of designation of human rights education institutes and the suspension of business operations of human rights education institutes under paragraph (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 71 (Prohibition of Divulgence of Confidential Information)
A person who performs or performed a duty related to mentally ill persons or mental health improvement facilities shall not divulge or publish another person's confidential information known to him/her in connection with the performance of the duty.
 Article 72 (Prohibition of Detention, Cruelty, etc.)
(1) No person shall detain a mentally ill person in any place other than the facilities authorized to have custody of mentally ill persons under this Act or any other statute.
(2) The head or any worker of a mental health improvement facility shall not assault any person who is hospitalized in or admitted to the mental health improvement facility or who uses the facility or treat such person cruelly.
 Article 73 (Restriction on Special Medical Treatment)
(1) Medical treatment of a person hospitalized in a mental medical institution by electric shock therapy, insulin coma therapy, hypnotherapy under anesthesia, psychosurgery therapy, or any other medical treatment specified by Presidential Decree (hereinafter referred to as "special medical treatment") shall be determined by a council organized by the mental medical institution, but the mental medical institution shall provide the person or the legal guardian of the person with information necessary for special medical treatment and shall obtain consent of the person: Provided, That it shall obtain consent of the legal guardian, if the person lacks the ability to express his/her intention.
(2) The council under paragraph (1) shall be comprised of at least two psychiatrists and persons specified by Presidential Decree as those who have expertise and experience in the improvement of mental health, and matters necessary for the operation, etc. of the council shall be prescribed by Presidential Decree.
 Article 74 (Prohibition of Restriction on Freedom of Communications and Visitation)
(1) The head of a mental medical institution or mental health sanatorium shall not restrict the freedom of communications and visitation of any hospitalized or admitted person, except where such restriction is imposed according to the instruction of a psychiatrist for the purpose of medical treatment.
(2) The head of a mental medical institution or mental health sanatorium shall limit the restriction on the freedom of communications and visitation to the minimum, even where he/she restricts the freedom of communications and visitation according to the instruction of a psychiatrist for the purpose of medical treatment.
 Article 75 (Prohibition of Isolation or other Restrictions)
(1) The head of a mental medical institution or mental health sanatorium shall not solitarily confine or tie down a hospitalized or admitted person or impose any physical restraint on a hospitalized or admitted person, except where such restriction is imposed upon the person according to the instruction of a psychiatrist for the purpose of medical treatment for the purpose of medical treatment or care.
(2) Even where the head of a mental medical institution or mental health sanatorium imposes a physical restraint under paragraph (1) upon a hospitalized or admitted person according to the instruction of a psychiatrist for the purpose of medical treatment or care by isolating or tying down the person, he/she may impose the physical restraint, only where he/she concludes that the person is highly likely to harm him/herself or a third person and that it is clearly impracticable to avoid such danger by imposing the physical restraint. In such cases, isolation shall be limited to the inside of the relevant facility.
 Article 76 (Occupational Therapy)
(1) If the head of a mental medical institution or mental health sanatorium deems it useful for medical treatment, rehabilitation, rehabilitation into society of a hospitalized or admitted person, he/she may instruct the person to perform the work specified by Ordinance of the Ministry of Health and Welfare, taking into consideration physical conditions and dangerousness of the person.
(2) The work under paragraph (1) shall be performed by the method instructed by a psychiatrist only at the request, or with consent of, the hospitalized or admitted person: Provided, That a medical health specialist in a mental health sanatorium may instruct a specific method of work according to the instruction of a psychiatrist.
(3) Matters regarding the hours, types, places, etc. of the work under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 77 (Assistance in Vocational Training)
The State or a local government shall endeavor to ensure that the persons who recover from a mental disease undergo vocational training suitable to their abilities and shall endeavor to develop and allocate types of job suitable for them.
 Article 78 (Protection, Fostering, etc. of Organizations and Facilities)
The State or a local government may protect and foster the organizations or facilities established for the purposes of facilitating mentally ill persons' rehabilitation into society and protecting their rights and interests and may grant subsidies for expenses incurred therein.
 Article 79 (Alleviation, etc. of Financial Burden)
The State or a local government may reduce or subsidize medical expenses or otherwise render assistance as necessary to alleviate the financial burden of mentally ill persons and their legal guardians and facilitate mentally ill persons' rehabilitation into society.
 Article 80 (Allocation of Expenses)
(1) The State or a local government may fully or partially subsidize expenses incurred in the diagnosis and medical treatment under Article 44.
(2) Matters necessary for the allocation of expenses under paragraph (1) shall be prescribed by Presidential Decree.
 Article 81 (Collection of Expenses)
The founder and operator of a mental health sanatorium or mental health rehabilitation facility may recover expenses incurred in the use of its facilities from the persons who use the facilities within the maximum amount specified and publicly notified by the Minister of Health and Welfare as recoverable expenses.
 Article 82 (Subsidies, etc.)
(1) The State may subsidize the mental health improvement facilities established and operated by local governments for expenses incurred in the establishment and operation of such facilities.
(2) The State may subsidize local governments for expenses incurred by them in providing the services for improving mental health, etc. under Article 12 (2) and (3), the operation of the mental health deliberation committees and the mental health examination committees under Articles 53 and 54, and the guidance and supervision under Article 66 (1).
 Article 83 (Delegation of Authority and Entrustment of Administrative Work)
(1) The Minister of Health and Welfare or a Mayor/Do Governor may partially delegate his/her authority under this Act to each Mayor/Do Governor, the head of the national mental health research institute under Article 16, the head of national mental hospitals, etc., or the head of each Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may partially entrust the administrative work under this Act to the institutions or organizations related to mental health, as prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER VIII PENALTY PROVISIONS
 Article 84 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:
1. A person who abandons a mentally ill person, in violation of Article 40 (4);
2. A person who fails to discharge a mentally ill person, in violation of Article 41 (2), 42 (2), 43 (9), or 47 (4);
3. A person who fails to comply with an order for discharge or for temporary discharge, in violation of Article 43 (7);
4. A person who fails to report to the committee for the examination as to legitimacy of hospitalization, in violation of Article 45 (2);
5. A person who fails to comply with an order for discharge or of temporary discharge issued under Article 59 (1) 1 (including cases to which the afore-said subparagraph shall apply mutatis mutandis pursuant to Article 61 (2));
6. A person who fails to discharge a mentally ill person, in violation of the latter part of Article 62 (1);
7. A person who fails to comply with an order for discharge issued under Article 66 (4);
8. A person who processes information in violation of Article 67 (3);
9. A person who hospitalizes or admits a mentally ill person or extends a period of hospitalization or admission, without a direct examination by a psychiatrist, in violation of Article 68 (1);
10. A person who detains a mentally ill person in any place other than the facilities authorized to have custody of mentally ill persons under this Act or any other statute, in violation of Article 72 (1);
11. The head or a worker of a mental health improvement facility, who assaults any person who is hospitalized in or admitted to the mental health improvement facility or who uses the facility or treats such person cruelly, in violation of Article 72 (2);
12. A person who administers special medical treatment without the council's determination thereon, in violation of Article 73 (1), or who administers special medical treatment without consent of a person hospitalized in a mental medical institution or of the legal guardian of such person.
 Article 85 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who violates an order issued under Article 19 (5) or 29 (2) to suspend services or to close a facility;
2. A person who violates an order issued under Article 25 (2) to suspend services or to replace the head of a mental health sanatorium with another person;
3. A person who establishes and operates a mental health rehabilitation facility without reporting, in violation of the main sentence of Article 26 (2);
4. A person who fails to delete records, in violation of Article 67 (4);
5. A person who forces any mentally ill person who is hospitalized in or admitted to a mental health improvement facility or who uses such facility, to engage in labor, in violation of Article 69 (3);
6. A person who divulges or publishes another person's confidential information which becomes known to him/her in connection with the performance of his/her duties, in violation of Article 71;
7. A person who restricts any hospitalized or admitted person's freedom of communications and visitation, in violation of Article 74 (1).
 Article 86 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who fails to enter and keep records or who refuses to certify the descriptions of such records, in violation of Article 30;
2. A person who fails to ascertain whether a person wishes to be discharged, in violation of Article 41 (3) or 42 (4);
3. A person who fails to require to submit a written application for hospitalization or admission and a document certifying the authority of the legal guardian, in violation of the latter part of Article 43 (1);
4. A person who requests an examination after the lapse of the period set for requesting an examination to extend the period of hospitalization or admission or who hospitalizes o admits any person by extending the period of hospitalization or admission without requesting an examination, in violation of Article 43 (6);
5. A person who fails to discharge any person immediately, in violation of Article 50 (5);
6. A person who fails to verify personal information or who fails to request an inquiry, in violation of Article 51 (1);
7. A person who fails to comply with a determination or an order issued any of Article 59 (1) 2 through 6 (including cases to which any of the afore-said subparagraphs shall apply mutatis mutandis pursuant to Article 61 (2)) or who fails to comply with an order issued under Article 66 (4) to take measures necessary for improving treatment;
8. A person who fails to enter the details reported under Article 45 (2) and the details regarding discharge in the system for the management of hospitalization, admission, discharge, etc., in violation of Article 67 (2);
9. A person who records the voice, images, or activities of a mentally ill person with audio or video recording equipment without consent, in violation of Article 69 (2);
10. A person who imposes a physical restraint other than under a psychiatrist's instruction, in violation of Article 75 (1);
11. A person who forces a hospitalized or admitted person to engage in labor without his/her request or consent or who forces a hospitalized or admitted person to engage in labor by any method different from the method instructed by a psychiatrist.
 Article 87 (Penalty Provisions)
Any person who fails to comply with a request to open a facility to the public without just cause, in violation of the latter part of Article 22 (5), shall be punished by a fine not exceeding 5 million won.
 Article 88 (Joint Penalty Provisions)
If the representative of a corporation or an agent, employee, or servant of a corporation or of an individual commits an offense in violation of any of Articles 84 through 87 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by the fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant business to prevent such offense.
 Article 89 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who fails to provide information about rights and the methods for exercising the rights or who fails to retain documents necessary for exercising the rights, in violation of Article 6 (1);
2. A person who fails to submit a report in accordance with Article 24 or who falsifies such report;
3. A person who fails to submit a report in accordance with Article 28 or who falsifies such report;
4. A person who fails to give notice of the ground for denial of discharge or the right to file a petition for the examination for discharge, in violation of Article 42 (3);
5. A person who fails to give notice of hospitalization or admission or the extension of the period of hospitalization or admission and the ground for extension, in violation of Article 43 (8);
6. A person who fails to give notice of the denial of discharge and the ground therefor or the right to file a petition for the examination for to examine discharge and the procedure for filing such petition, in violation of Article 43 (10);
7. A person who fails to cooperate with the committee for the examination as to legitimacy of hospitalization in an investigation, in violation of the latter part of Article 48 (2);
8. A person who fails to give notice of temporary discharge, in violation of Article 63 (1);
9. A person who fails to submit a report or falsifies such report, who fails to submit a relevant document or falsifies such document, or who rejects, interferes with, or evades an inspection or examination conducted by a related public official or members of a mental health deliberation committee, in violation of Article 66 (1) or (2);
10. A person who restricts any person's opportunities for education, employment, or the use of a facility, deprive any person of such opportunities, or treats any person unfairly, in violation of Article 69 (1).
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, each Mayor/Do Governor, or the head of each Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Criteria for Administrative Actions)
The amended provisions of Article 25 (1) shall begin to apply where the first violation constituting a ground for an order to take remedial measures under any subparagraph of the afore-said paragraph occurs after this Act enters into force.
Article 3 (Applicability to Examination, etc. of Legitimacy of Hospitalization or Admission)
The amended provisions of Articles 45 through 48 shall begin to apply where the first person is hospitalized or admitted after this Act enters into force.
Article 4 (Applicability to Entry in System for Management of Hospitalization, Discharge, etc.)
The amended provisions of Article 67 shall begin to apply where the first person is hospitalized or admitted after this Act enters into force.
Article 5 (Special Provisions concerning Extension of Period of Hospitalization, etc.)
The head of a mental medical institution or mental health sanatorium shall discharge a mentally ill person or request an examination pursuant to the amended provisions of Article 43 (6), within one month from the enforcement date of this Act, if three months have passed since the mentally ill person was hospitalized or admitted initially before this Act enters into force.
Article 6 (Special Provisions concerning Experimental Project)
Notwithstanding Article 1 of the Addenda, the Minister of Health and Welfare may implement an experimental project in the area publicly notified by the Minister of Health and Welfare in order to ensure the feasibility of the examination as to legitimacy of hospitalization and of the operation of a system for the management of hospitalization, discharge, etc. under Articles 45 through 48 and 67 for a period of one year from the enforcement date of this Act.
Article 7 (Transitional Measure concerning Extent of Mentally Ill Persons)
Notwithstanding the amended provisions of subparagraph 1 of Article 3, subparagraph 1 of Article 3 of the former Mental Health Act shall apply to the provisions of the following Acts, which cite subparagraph 1 of Article 3 of the former Mental Health Act, until the relevant provisions of the Acts are amended:
1. Articles 6 (2) 2 and 6-2 (7) 1 of the Public Health Control Act;
2. Subparagraph 1 of Article 16 of the National Nutrition Management Act;
3. Subparagraph 1 of Article 39-13 of the Welfare of Older Persons Act;
4. Subparagraph 2 of Article 32-2 of the Act on Long-Term Care Insurance for Older Persons;
5. Article 13 (1) 2 of the Horse Industry Development Act;
6. Subparagraph 2 of Article 15-2 of the Mother and Child Health Act;
8. Subparagraph 1 of Article 37-3 of the Aquatic Life Disease Control Act;
10. Subparagraph 2 of Article 30-3 of the Act on the Search and Rescue, etc. at Sea and in the River;
11. Subparagraph 1 of Article 5 of the Veterinarians Act;
12. Subparagraph 1 of Article 54 of the Food Sanitation Act;
13. Subparagraph 1 of Article 25 of the Laboratory Animal Act;
14. Subparagraph 3 of Article 46 of the Wildlife Protection and Management Act;
15. Subparagraph 1 of Article 5 of the Pharmaceutical Affairs Act;
16. Subparagraph 2 of Article 16 of the Infant Care Act;
17. Subparagraph 1 of Article 37 of the Emergency Medical Service Act;
18. Article 6 (1) 1 of the Medical Devices Act;
19. Subparagraph 1 of Article 5 of the Medical Technologists, etc. Act;
20. Subparagraph 1 of Article 8 of the Medical Service Act;
21. Subparagraph 2 of Article 29-4 of the Act on Funeral Services, Etc.;
22. Article 74 (1) 1 of the Act on Welfare of Persons with Disabilities;
24. Article 12 (2) 2 of the Livestock Industry Act;
25. Article 3 (2) 1 of the Cosmetics Act.
Article 8 (Transitional Measures concerning National Plans and Regional Plans)
(1) The national plans and regional plans initially formulated and implemented pursuant to the amended provisions of Article 7 after this Act enters into force shall be formulated and implemented simultaneously at the time the first regional public health and medical service plans are formulated and implemented pursuant to Article 7 of the Regional Public Health Act after this Act enters into force.
(2) The Minister of Health and Welfare and Mayors/Do Governors may implement the national mental health services plan and the regional mental health services plan of each City/Do formulated under former Article 4-3 by extending or reducing the period of implementation of such plans until they formulate and implement a national plan and regional plans under paragraph (1).
Article 9 (Transitional Measure concerning Establishment and Operation of Mental Health Welfare Centers)
The mental health centers established pursuant to former provisions before this Act enters into force shall be deemed the mental health welfare centers under the amended provisions of Article 15.
Article 10 (Transitional Measure concerning Mental Health Specialists)
The persons qualified as mental health specialists under former provisions before this Act enters into force shall be deemed qualified as mental health specialists under the amended provisions of Article 17.
Article 11 (Transitional Measures concerning Disqualifications of Mental Health Specialists)
(1) The term "ward under adult guardianship" in the amended provisions of subparagraph 1 of Article 18 shall be deemed to include the persons in whose cases the declaration of incompetence remains in effect under Article 2 of the Addenda to the partial amendment (Act No. 10429) to the Civil Act.
(2) Notwithstanding the amended provisions of Article 18, former provisions shall apply to a mental health specialist as at the time this Act enters into force, if the mental health specialist is otherwise disqualified under the amended provisions of the same Article due to a ground for disqualification that arose before this Act enters into force.
Article 12 (Transitional Measures concerning Mental Health Rehabilitation Centers)
(1) The living facilities for mentally ill persons under former Article 16 (1) 1 as at the time this Act enters into force shall be deemed the living facilities under the amended provisions of Article 27 (1) 1.
(2) The community rehabilitation centers and the vocational rehabilitation centers for mentally ill persons under former Article 16 (1) 2 and 3 as at the time this Act enters into force shall be deemed rehabilitative training facilities under the amended provisions of Article 27 (1) 2.
Article 13 (Transitional Measure concerning Amended Permission, etc. for Mental Health Sanatoriums)
The founder and operator of a mental health sanatorium who obtained amended permission before this Act enters into force shall be deemed to have reported on the relevant amendment or have obtained amended permission under the amended provisions of Article 22 (4).
Article 14 (Transitional Measure concerning Legal Guardians)
(1) The acts done by a legal guardian under former Article 21 (1) and (2) before Mayor/Do Governor shall be deemed to have been done by the legal guardian under the amended provisions of Article 39 (1) and (2).
(2) The term "a ward under adult guardianship or a ward under limited guardianship" in the amended provisions of Article 39 (1) 1 shall be deemed to include the persons in whose cases the declaration of incompetence or quasi-incompetence remains in effect under Article 2 of the Addenda to the partial amendment (Act No. 10429) to the Civil Act.
Article 15 (Transitional Measure concerning Duty to Give Notice of Heads of Mental Health Improvement Facilities)
The head of a mental health improvement facility that hospitalizes, admits, or trains mentally ill persons or persons who have a mental disorder as at the time this Act enters into force shall perform the duty to give notice under the amended provisions of Article 6 with respect to the hospitalized, admitted, or trained persons within one months after this Act enters into force.
Article 16 (Transitional Measure concerning Ascertainment of Intention of Voluntarily Hospitalized or Admitted Persons to Leave)
Notwithstanding the amended provisions of Article 41 (3), the head of a mental medical institution or mental health sanatorium shall ascertain whether the persons voluntarily hospitalized or admitted before this Act enters into force wish to leave the institution or sanatorium every two months from the enforcement date of this Act.
Article 17 (Transitional Measure concerning Mental Health Deliberation Committees, etc.)
The metropolitan mental health deliberative committees or the basic mental health deliberative committees established pursuant to former Article 27 before this Act enters into force shall be deemed the regional mental health deliberation committees or primary mental health deliberation committees established pursuant to the amended provisions of Article 53.
Article 18 (Transitional Measures, etc. concerning Metropolitan Mental Health Adjudication Committees)
(1) The metropolitan mental health adjudication committees or the basic mental health adjudication committees established pursuant to former Article 27 before this Act enters into force shall be deemed regional mental health examination committees or primary mental health examination committees established pursuant to the amended provisions of Article 54.
(2) The petitions filed for examination or review under former Article 24 (3), 29 (1), or 34 (1) before this Act enters into force shall be deemed petitions filed for examination or review under the amended provisions of Article 43 (6), 55 (1), or 60 (1).
(3) With respect to petitions filed for examination or review under paragraph (2), orders or determinations shall be issued under the amended provisions of Article 59 (1) within 15 days from the enforcement date of this Act: Provided, That in extenuating circumstances, the period may be extended by up to ten days, if it is impossible to issue an order or a determination within the period set in the main sentence.
Article 19 (Transitional Measure concerning Administrative Actions)
The former provisions shall apply to the administrative actions against the violations committed before this Act enters into force.
Article 20 Omitted.
Article 21 (Relationship to Other Acts and Subordinate Statutes)
A citation of the former Mental Health Act or any provisions thereof, in any other statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provisions of this Act in lieu of the former provisions, if such relevant provisions exist in this Act.