MENTAL HEALTH ACT
Wholly Amended by Act No. 5486, Dec. 31, 1997
Amended by Act No. 6152, Jan. 12, 2000
Act No. 6893, May 29, 2003
Act No. 7149, Jan. 29, 2004
Act No. 7428, Mar. 31, 2005
Act No. 7849, Feb. 21, 2006
Act No. 8852, Feb. 29, 2008
Act No. 8939, Mar. 21, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10387, Jul. 23, 2010
Act No. 11005, Aug. 4, 2011
Act No. 11998, Aug. 6, 2013
Act No. 12071, Aug. 13, 2013
Act No. 12935, Dec. 30, 2014
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the improvement of public mental health by preventing mental illness and prescribing necessary matters pertaining to the medical service and rehabilitation of mentally ill persons.
| Article 2 (Fundamental Ideas) |
| (1) | All mentally ill persons shall be respected for the dignity and value of the human being. |
| (2) | All mentally ill persons shall be respected for the rights to receive the optimum medical treatment and protection. <Amended by Act No. 8939, Mar. 21, 2008> |
| (3) | No mentally ill person shall be discriminated against on the grounds of mental illness. |
| (4) | All mentally ill persons who are minors, in particular, shall be respected for the rights to receive treatment, protection, and necessary education. |
| (5) | With regard to a mentally ill person who requires hospital treatment, voluntary hospitalization shall always be encouraged. |
| (6) | Any hospitalized mentally ill person, whenever possible, shall be guaranteed an unrestricted environment, as well as an opportunity to freely exchange opinions with others. |
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 6152, Jan. 12, 2000; Act No. 7149, Jan. 29, 2004; Act No. 11005, Aug. 4, 2011>
| 1. | The term "mentally ill person" means a patient suffering from mental illness (including an organic mental disorder), personality disorder, alcohol and drug addictions, and other non-psychopathic mental disorders; |
| 2. | The term "mental health facility" means a mental medical institution, community psychiatric rehabilitation center, and mental health sanatorium pursuant to this Act; |
| 3. | The term "mental medical institution" means any hospital whose facilities are installed in conformity with the facility standards, etc. as provided for in Article 12 (1) for the primary purpose of treating mentally ill persons (hereinafter referred to as "mental hospital"), clinic, and neuropsychiatry department established in the medical institutions at a higher level than hospital, among medical institutions under the Medical Service Act; |
| 4. | The term "community psychiatric rehabilitation center" (hereinafter referred to as "community rehabilitation center") means a facility installed pursuant to this Act, which provides training to mentally ill persons to help them return to the society, not by hospitalizing them into mental medical institutions or admitting them into mental health sanatoriums; |
| 5. | The term "mental health sanatorium" means a facility established pursuant to this Act, which provides care and training by adminitting mentally ill persons and chronic mentally ill persons entrusted by a mental medical institution, to help them return to the society. |
| Article 4 (Duties of State, etc.) |
| (1) | The State and local governments shall improve public mental health, prevent the mental illness of citizens, and take other necessary measures, such as research, surveys, instructions, and consultations for medical treatment and rehabilitation of mentally ill persons and to help them overcome disabilities and return to the society. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | The State and local governments shall establish a mental health service delivery system, connecting mental health centers with mental health facilities for prevention, medical treatment and rehabilitation of mental illnesses. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| Article 4-2 (Survey on the Current Status) |
| (1) | The Minister of Health and Welfare shall conduct a survey on the current status of mentally ill persons every five years for the adequate implementation of this Act. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Special Metropolitan City, Metropolitan City, Do and Special Self-governing Province may designate public officials to conduct surveys on the current status of mentally ill persons under paragraph (1) and to give them instructions related to mental health. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| (3) | Matters necessary for the methods and contents of surveys under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Newly Inserted by Act No. 6152, Jan. 12, 2000]
| Article 4-3 (Formulation of Mental Health Project Plans) |
| (1) | The Minister of Health and Welfare shall formulate the national mental health project plan every five years, and the Special Metropolitan City Mayors, Metropolitan City Mayors, Do Governors, Governors of a Special Self-Governing Province (hereinafter referred to as the "Mayors/Do Governors") and the head of a Si/Gun/Gu (referring to the heads of an autonomous Gu; hereinafter the same shall apply) shall formulate mental health project plans (hereinafter referred to as "regional mental health project plans") of the Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province, and a Si/Gun/Gu (referring to an autonomous Gu) respectively in accordance with the national mental health project plans. In such cases, regional mental health project plans shall be formulated so as to be connected with regional public health and medical care plan under Article 3 of the Regional Public Health Act. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters referred to in the following subparagraphs shall be included in the national mental health project plans and regional mental health project plans under paragraph (1): |
| 1. | Projects to promote mental health by life cycle; |
| 2. | Community mental health projects; |
| 3. | Projects for medical treatment of mental illnesses and rehabilitation of mentally ill persons; |
| 4. | Projects to raise awareness of mental illness; |
| 5. | Projects to promote the rights and interests of mentally ill persons; |
| 6. | Community surveys on mental illnesses and evaluations of projects; |
| 7. | Other projects prescribed by Presidential Decree as projects for promotion of mental health. |
| (3) | Matters necessary for formulation procedures, etc. of regional mental health project plans shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 5 (Duties of Citizens) |
Citizens shall cooperate in surveys and related mental health projects conducted by the State and local governments with the aim of mental illness prevention and mental health promotion.
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 6 (Duties of Founder and Operator of Mental Health Facility) |
The founder and operator of each mental health facility shall notify mentally ill persons and the legal guardians of the matters regarding the rights and exercise of the rights pursuant to this Act, and shall endeavor to ensure that the hospitalized or staying mentally ill persons may live freely while their dignities and values of the human being are respected. <Amended by Act No. 7149, Jan. 29, 2004>
| Article 6-2 (Education of Human Rights) |
| (1) | Founders and operators, and employees of mental health facilities shall receive education on human rights. |
| (2) | The Minister of Health and Welfare may designate specialized educational institutions to provide education under paragraph (1). <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The State may partially subsidize the expenses incurred by educational institutions designated pursuant to paragraph (2) within budgetary limits, and the designated institutions may collect expenses incurred in education with approval of the Minister of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Matters necessary for the curriculum and methods of education on human rights under paragraph (1) and designation of educational institutions under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Newly Inserted by Act No. 8939, Mar 21, 2008]
| Article 7 (Mental Health Specialist) |
| (1) | The Minister of Health and Welfare may issue certificate of qualifications for mental health specialists to persons who have expert knowledge and skills in the field of mental health and have received training at a training institution designated by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | Each mental health specialist shall be a mental health clinical psychologist, a mental health nurse, or a mental health social welfare worker. |
| (3) | Matters necessary for the specific scope and limitations of occupations, and qualifications and grades of mental health specialists pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree, and matters necessary for the training courses and issuance procedure of qualification certificates, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 7-2 (Grounds for Disqualifications) |
Any person falling under any of the following subparagraphs shall be disqualified from being a mental health specialist: <Amended by Act No. 7428, Mar. 31, 2005; Act No. 12935, Dec. 30, 2014>
| 1. | The incompetent and the quasi-incompetent; |
| 2. | A person who was declared bankrupt by the court, and has not been reinstated; |
| 3. | A person who was sentenced to imprisonment without prison labor or a heavier punishment and for whom execution of the sentence has yet to be completed or exemption from sentence has yet to be decided on violations of this Act, Articles 233, 234 (limited to any person who has used a falsely made diagnosis, etc. in violation of Article 233), 235 (limited to any person who has attempted a crime in Articles 233 and 234), 269, 270 (2) and (3), 317 (1), 347 (limited to cases of deceiving any patient, or institution organization in charge of paying medical bills, by filing a false claim for medical bills) of the Criminal Act, the Act on Special Measures for the Control of Public Health Crimes, the Regional Public Health Act, the Prevention of Acquired Immunodeficiency Syndrome Act, the Medical Service Act, the Emergency Medical Service Act, the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc., the Anatomy and Preservation of Corpses Act, the Blood Management Act, the Act on the Control of Narcotics, etc., the Pharmaceutical Affairs Act, the Mother and Child Health Act, the Social Welfare Services Act, Act on the Use and Provision of Social Security Benefits and the Search of Eligible Beneficiaries of Social Security and other medical service related-Acts and subordinate legislations prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 7149, Jan. 29, 2004]
CHAPTER II MENTAL HEALTH FACILITIES
| Article 8 (Establishment, etc. of National and Public Mental Hospitals) |
| (1) | The Minister of Health and Welfare or the Mayors and Do Governors shall establish and operate mental hospitals. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | Deleted. <by Act No. 6152, Jan. 12, 2000> |
| (3) | When establishing mental hospitals, the Minister of Health and Welfare or the Mayors and Do Governors shall ensure that the facilities are distributed proportionally within the areas and that the community management is available for the mentally ill persons. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Mental hospitals under paragraph (1) shall implement projects provided for in Article 13 (2) and take charge of education and training for manpower regarding community mental health projects. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 7149, Jan. 29, 2004> |
| Article 9 Deleted. <by Act No. 6152, Jan. 12, 2000> |
| Article 10 (Establishment and Operation, etc. of Mental Health Sanatorium) |
| (1) | Any social welfare corporations or any other non-profit organizations may establish or operate mental health sanatoriums with permission of the Minister of Health and Welfare. The same shall apply where it is intended to alter matters determined as important by Ordinance of the Ministry of Health and Welfare from among the permitted matters. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | Care and rehabilitation training in the mental health sanatoriums shall be conducted as prescribed by the Minister of Health and Welfare. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare or the Mayors/Do Governors may request the chief of mental health sanatoriums to open the relevant facilities to local residents, social organizations, press agencies, etc. for ascertaining its operational situation, to the extent that such actions do not disturb its medical care and rehabilitation training for mentally ill persons. In such cases, the chief of the sanatorium shall comply with such request unless any justifiable reason exists. <Newly Inserted by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Matters necessary for the establishment standards, admission capacity, number and qualifications of employees, and uses and operation of mental health sanatoriums shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | Deleted. <by Act No. 8939, Mar. 21, 2008> |
| (6) | Except as otherwise prescribed by this Act, with respect to mental health sanatoriums, the provisions concerning social welfare facilities under the Social Welfare Services Act shall apply mutatis mutandis. |
| (7) | When providing medical care and rehabilitation training at the sanatorium, the chief of each mental health sanatorium shall consult a psychiatrist about medical treatment, as prescribed by Presidential Decree. <Newly Inserted by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| Article 10-2 (Report of Closing, Suspension and Reopening of Mental Health Sanatorium) |
Where the founder or operator of mental health sanatoriums intends to close, suspend or reopen the relevant facilities under the provisions of Article 10 (1), he/she shall make a report thereon in advance as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> [This Article Newly Inserted by Act No. 6152, Jan. 12, 2000]
| Article 11 (Improvement, Discontinuance of Services, and Revocation of Permission for Mental Health Sanatorium) |
| (1) | Where a mental health sanatorium falls under any of the following subparagraphs, the Minister of Health and Welfare may order the improvement of the facility, discontinuance of service for the period not exceeding one month, replacement of the head of the facility, or may revoke permission for the establishment of the facility: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11005, Aug. 4, 2011; Act No. 12071, Aug. 13> |
| 1. | When a sanatorium has failed to meet or violated the standards for establishment, admission capacity, number of and qualifications for employees, utilization and operation under Article 10 (4); |
| 2. | When permission for incorporation of a social welfare corporation or non-profit corporation, which establishes and operates a mental health sanatorium, has been revoked; |
| 3. | When a sanatorium has failed to discharge mentally ill persons in violation of Article 23 (2) or Article 24 (4) and the main body of paragraph (6) of the same Article; |
| 4. | When a sanatorium has disobeyed an order under Article 33 (1) (including cases where Article 35 (2) applies mutatis mutandis); |
| 5. | When a sanatorium has failed to make a report under Article 39 (1) and (2) without any justifiable reason or made a false report, has failed to submit related documents or submitted false documents, or has refused, hindered, or evaded the inspection or examination of related public officials or members of the Mental Health Deliberative Committee; |
| 6. | When the sanatorium has admitted mentally ill persons or extended the admission of mentally ill persons without diagnosis by a psychiatrist, in violation of Article 40 (1). |
| (2) | Detailed standards for the administrative disposition referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare, taking into account the category and extent, etc. of the violation. <Newly Inserted by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 12 (Standards for Facilities of Mental Medical Institutions) |
| (1) | Necessary matters concerning the facilities of mental medical institutions, standards for equipment, number of employees including medical personnel, and their qualifications, etc. shall be determined by Ordinance of the Ministry of Health and Welfare, taking account of the capacity, etc. of mental medical institutions. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | In order to provide medical services to mentally ill persons efficiently, the Minister of Health and Welfare may restrict the size of a mental medical institution, where it falls under any of the following subparagraphs: <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| 1. | Where it is intended to establish a mental medical institution with at least 300 sickbeds; |
| 2. | Where it is intended to increase the number of sickbeds in mental medical institutions from fewer than 300 to at least 300 including the existing number of sickbeds; |
| 3. | Where the operator of a mental medical institution with at least 300 sickbeds intends to increase the number of sickbeds. |
| (3) | Where a mental medical institution falls under any of the following cases, the Mayor/Do Governor or the head of a Si/Gun/Gu (limited to an autonomous Gu; the same shall apply hereinafter) may order the revocation of permission for the establishment of the relevant mental medical institution, or closure therof, or discontinuance of services by fixing a period not exceeding one year, as determined by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11005, Aug. 4, 2011> |
| 1. | Where it fails to meet the standards for facilities and equipment, or falls short of the number of employees including medical personnel and their qualifications under paragraph (1); |
| 1-2. | Where it fails to discharge mentally ill persons in violation of Articles 23 (2), 24 (4) and the main body of Article 24 (6) or the latter part of Article 36 (1); |
| 2. | Where it fails to comply with the order under Article 33 (1) (including cases of application mutatis mutandis in Article 35 (2)) or 39 (4); |
| 3. | Where it fails to make a report or makes a false report under Article 39 (1) and (2), fails to submit relevant documents or submits false documents, or refuses, disrupts, or evades the examination/inspection by the relevant public officials or the members of the Mental Health Deliberative Committee; |
| 4. | Where it hospitalizes mentally ill persons or extends the hospitalization of them without diagnosis of a psychiatrist, in violation of Article 40 (1). |
| (4) | Where Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke any license or order the closure of the facility or the discontinuance of service under the provisions of paragraph (3), he/she shall take such measures only when the subject person fails to comply with a corrective order issued earlier by fixing a period not exceeding one year. <Amended by Act No. 7149, Jan. 29, 2004> |
| (5) | Specific standards for the administrative disposition referred to in paragraph (3) shall be set by Ordinance of the Ministry of Health and Welfare, taking into account the category and level, etc. of the violation. <Newly Inserted by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (6) | Except as otherwise prescribed in this Act, the provisions of the Medical Service Act shall apply mutatis mutandis in regard to matters pertaining to mental medical institutions. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 12-2 (Restrictions on Establishment and Opening of Mental Health Sanatorium and Mental Medical Institutions) |
Any person who is sentenced to imprisonment without prison labor or a heavier punishment, and for whom five years have not passed since execution of the sentence is completed or exemption from the execution is made final and conclusive for acts falling under any of the following subparagraphs, or any corporation which aforesaid person represents, shall not establish a mental health sanatorium or mental medical institution: <Amended by Act No. 11005, Aug. 4, 2011>
| 1. | Not allowing mentally ill persons to be discharged from the mental medical institution or to be discharged from the mental health sanatorium (hereinafter referred to as "discharge, etc.") in violation of Article 23 (2) or 24 (4) and the main body of Article 24 (6); |
| 2. | Not allowing mentally ill persons to leave the medical institutions in violation of the latter part of Article 36 (1); |
| 3. | Hospitalizing or admitting a mentally ill patient (hereinafter referred to as "hospitalization, etc.") or extending the hospitalization, etc. without diagnosis by a psychiatrist in violation of Article 40 (1). |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 12-3 (Penalty Surcharge Disposition) |
| (1) | Where an order needs to be given to suspend a business that falls under any subparagraph of Article 12 (3), if the suspension of such business is likely to cause serious inconvenience to users or to undermine the public interest, the Mayor/Do Governor or the head of a Si/Gun/Gu may impose a penalty surcharge of not more than 50 million won in lieu of a disposition of business suspension. |
| (2) | The amount of penalty surcharges according to the category and level of violations, on which such penalty surcharge is imposed under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | When any person who is liable to pay a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the Mayor/Do Governor or the head of a Si/Gun/Gu shall collect such penalty surcharge under the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
[This Article Newly Inserted by Act No. 7149, Jan. 29, 2004]
| Article 13 (Community Mental Health Projects, etc.) |
| (1) | The State and local governments may plan, coordinate and undertake community mental health projects by building a system in which mental health facilities are linked with each other through pubic health offices, preventing mental illness, identifying, counseling, diagnosing and treating mentally ill persons, training them for rehabilitation, and managing the cases thereof. |
| (2) | The State and local governments shall support with community mental health projects under paragraph (1) through national and public mental medical institutions, and perform metropolitan projects, such as building a system in which a Si/Gun/Gu (referring to autonomous Gu) are linked with each other, and providing emergency medical services for mentally ill persons, and perform other projects necessary to vitalize community mental health projects. <Amended by Act No. 8939, Mar. 21, 2008> |
| (3) | For the purpose of professionally implementing the community mental health projects referred to in paragraphs (1) and (2), the State and local governments may install mental health centers at the public health offices or national/public mental medical institutions, or entrust the institutions or organizations prescribed by Presidential Decree with such projects. |
| (4) | Where the public health offices, or national and public mental medical institutions intend to place any mentally ill persons under its management for the implementation of community mental health projects, they should do so after obtaining the consent from the concerned mentally ill persons or the legal guardian. |
| (5) | Mental health specialists provided for in Article 7 may be posted to public health offices as prescribed by Presidential Decree. |
| (6) | The Minister of Health and Welfare may organize and operate a central mental health project support team, and the Mayor/Do Governor may organize and operate a local mental health project support team, in order to intensively and professionally support the community mental health projects under paragraphs (1) and (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (7) | Necessary matters concerning the scope of duties and operation of the central mental health project support team and the local mental health project support team referred to in paragraph (6) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 7149, Jan. 29, 2004]
| Article 13-2 (Establishment of Mental Health Centers) |
| (1) | The state and local governments shall endeavor to establish mental health centers for discovery, consultation, medical treatment, training for rehabilitation of mentally ill persons and for management, etc. of such cases in each unit of a Si/Gun/Gu for the implementation of community mental health projects under Article 13 (1). |
| (2) | The State and local governments shall provide funds required for the establishment of mental health centers referred to in paragraph (1). |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 14 (Establishment of Mental Health Research Institution) |
In order to promote the improvement of mental health, the State shall establish an institution for mental health research.
| Article 15 (Creation and Operation of Community Rehabilitation Centers) |
| (1) | The State and local governments may create and operate a community rehabilitation center. |
| (2) | In the event that any person, other than those referred to in paragraph (1), intends to create and operate a community rehabilitation center, he/she shall make a report thereon to the head of a Si/Gun/Gu having jurisdiction over the location of such facility. The same shall apply to cases where he/she intents to change important matters prescribed by Ordinance of the Ministry of Health and Welfare, among the reported matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | The head of any community rehabilitation center shall conduct rehabilitation training for mentally ill persons as prescribed by the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Necessary matters concerning the facility standards, the number of mentally ill persons accommodated therein, the number of employees and their qualifications, report of establishment and operation, report of change, and the use and operation of community rehabilitation centers shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | The State or a local government may, if necessary, entrust the operation of community rehabilitation centers to a social welfare corporation or a non-profit corporation. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| (6) | Matters necessary for the standards, period, methods and others concerning the entrusted operation under paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 7149, Jan. 29, 2004]
| Article 16 (Categories of Community Rehabilitation Centers) |
| (1) | Categories of community rehabilitation centers shall be as following subparagraphs: |
| 1. | Living facilities for mentally ill persons: Facilities where mentally ill persons stay for a necessary period and prepare to return to the normal social life with services, such as counseling and training necessary for rehabilitation, or reside for a longer period due to disorder; |
| 2. | Community rehabilitation centers for mentally ill persons: Centers providing specialized counseling, training, etc., or conveniences necessary for leisure activities, social activities, etc., to mentally ill persons, which include welfare centers for mentally ill persons, medical rehabilitation centers, physical training centers, training centers, communal homes, etc.; |
| 3. | Vocational rehabilitation centers for mentally ill persons: Facilities that provide specially prepared working environments in which generally unemployable mentally ill persons receive vocational training or are engaged in vocational life; |
| 4. | Other facilities prescribed by Presidential Decree. |
| (2) | Matters necessary for specific categories and projects, etc. of rehabilitation facilities under the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 17 (Report on Closure, Suspension, and Resumption of Community Rehabilitation Center) |
When a person who has established a community rehabilitation center as provided for in Article 15 (2) intends to close, suspend, or resume such facility, he/she shall file a report in advance with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
| Article 18 (Closure, etc. of Rehabilitation Center) |
| (1) | The head of a Si/Gun/Gu may, when any community rehabilitation center falls under any of the following cases, order to close the rehabilitation facility, or suspend the business of such facility for a period of not more than one year as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 6152, Jan. 12, 2000; Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| 1. | Where the permission for the incorporation of social welfare corporations or non-profit corporations, which established a community rehabilitation center under Article 15 (2), is revoked, or where the corporations were dissolved; |
| 2. | Where it violates the provisions of Article 15 (3); |
| 3. | Where it violates matters prescribed by Ordinance of the Ministry of Health and Welfare in accordance with Article 15 (4); |
| 4. | Deleted. <by Act No. 7149, Jan. 29, 2004> |
| (2) | The head of a Si/Gun/Gu shall, where he/she intends to order the closure of facilities or the suspension of services under paragraph (1), order the correction thereof by specifying a certain period of time within the range of one year, and if one fails to comply with such order, shall take the said measures. <Amended by Act No. 7149, Jan. 29, 2004> |
| (3) | If any community rehabilitation center fails to comply with the closure order under paragraph (1), the head of a Si/Gun/Gu may require the relevant public officials to take following measures, in order to close such rehabilitation facilities: <Newly Inserted by Act No. 7149, Jan. 29, 2004> |
| 1. | Removal or elimination of signboards and signs, etc. of concerned facilities; |
| 2. | Attaching a notice to inform that the concerned facility is not a legitimate rehabilitation establishment; |
| 3. | Seal to prevent the use of concerned facilities and other appliances used for business. |
| (4) | Specific standards for administrative dispositions pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare, taking into account the category and level of violation. <Newly Inserted by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 18-2 (Preservation of Records) |
| (1) | The head of each mental health facility shall prepare and preserve records of matters referred to in the following subparagraphs as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Direct diagnosis at the time of hospitalization; |
| 2. | Request for review of continued hospitalization and the result thereof; |
| 3. | Details of medical treatment, such as medication, etc.; |
| 4. | Details of medical treatment programs and the result; |
| 5. | Grounds for and details of isolation and constraint; |
| 6. | Grounds for and details of restrictions on communications and interviews; |
| 7. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | When a mentally ill person or the legal guardian requests for the confirmation of the details, such as perusal or issuing of copies, etc. of records under paragraph (1), the head of each mental health facilities shall comply with such request. |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 18-3 (Appraisal of Mental Health Facilities) |
| (1) | The Minister of Health and Welfare shall conduct an appraisal of medical health facilities (hereinafter referred to as the "appraisal of mental health facilities") every three years: Provided, That applications for the certification of medical institutions under Article 58-4 of the Medical Service Act and the appraisal of social welfare facilities under Article 43 of the Social Welfare Services Act could be conducted in lieu of the appraisal of mental health facilities. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10387, Jul. 23, 2010> |
| (2) | The Minister of Health and Welfare may entrust the appraisal work of mental health facilities to the relevant specialized institutions or organizations. In such cases, he/she may subsidize the necessary budget. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare shall publish the appraisal results of mental health facilities. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | The Minister of Health and Welfare may provide administrative and financial support to mental health facilities with excellent appraisal results. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | The heads of mental health facilities shall conform to the appraisal of mental health facilities, except in extraordinary circumstances. |
| (6) | Matters necessary for the extent of and procedures for the appraisal of mental health facilities, and entrustment under paragraph (2) and publication under paragraph (3) or such, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 19 Deleted. <by Act No. 6152, Jan. 12, 2000> |
Where the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu intends to revoke permission or close a facility under Articles 11, 12 (3), or 18 (1), he/she shall hold hearings. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER III PROTECTION AND TREATMENT
| Article 21 (Legal Guardians) |
| (1) | Any person who is responsible for providing support to a mentally ill person or his/her guardian under the Civil Act shall be the legal guardian of a mentally ill person: Provided, That a person falling under one of the following subparagraphs shall not be the legal guardian: |
| 1. | A person of incompetency or quasi-incompetency; |
| 2. | A person who has been declared bankrupt and has not been reinstated; |
| 3. | A person whose lawsuit against the concerned mentally ill person is still in progress, or a person who has had a lawsuit with the concerned mentally ill person, and the spouse thereof; |
| (2) | The order of priority of protection duties, among the legal guardians under the paragraph (1), shall be in the order of the person under duties to provide support, followed by the guardian, and where the number of persons under duties to provide support is not fewer than two, the provisions prescribed by Article 976 of the Civil Act shall apply. |
| (3) | Where a legal guardian under paragraph (1) does not exist, or where the legal guardian is unable to perform his/her duty for unavoidable causes, the head of a Si/Gun/Gu with jurisdiction over the domicile (where the domicile does not exist or can not be found, the present address of a mentally ill person shall apply) shall become the legal guardian. |
| Article 22 (Duties of Legal Guardian) |
| (1) | Each legal guardian shall make efforts so that the ward who is mentally ill can be given appropriate medical treatment, and shall not hospitalize the mentally ill person, or extend the period of hospitalization, without diagnosis of a psychiatrist. <Amended by Act No. 11005, Aug. 4, 2011> |
| (2) | Each legal guardian shall take due care to prevent the mentally ill person under protection from harming himself/herself or others, and shall cooperate so that the mentally ill person can be admitted to or discharged from a hospital with diagnosis of a psychiatrist. <Amended by Act No. 7149, Jan. 29, 2004; Act No. 11005, Aug. 4, 2011> |
| (3) | Each legal guardian shall make efforts to protect the rights of the concerned mentally ill person, such as interests in properties, and shall not abandon the concerned mentally ill person. |
| Article 23 (Voluntary Hospitalization) |
| (1) | A mentally ill person can be voluntarily hospitalized in a mental medical institution or mental health sanatorium (hereinafter referred to as "mental medical institution, etc.") by filing a written application for hospitalization or admission. |
| (2) | Where patients who are hospitalized pursuant to paragraph (1) request for discharge, etc. from a hospital, the director of the mental medical institution, etc. (in cases of the department of neuropsychiatry established in the medical institution of hospital level or higher, referring to director of the relevant medical institution; hereinafter the same shall apply) or the director of a mental health sanatorium (hereinafter referred to as "director of the mental medical institution, etc.") shall discharge the patient without delay. <Amended by Act No. 11005, Aug. 4, 2011> |
| (3) | At least once a year, the director of each mental medical institution, etc. shall ascertain as to whether mentally ill persons hospitalized pursuant to paragraph (1) have a desire of being discharged, and state such matters in the record of diagnosis and medical treatment, which shall be confirmed by the patient himself/herself as to his/her intention. |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 24 (Hospitalization by Legal Guardians) |
| (1) | The director of a mental medical institution, etc. may hospitalize the concerned mentally ill person limited to cases where a psychiatrist determines that hospitalization, etc. is necessary with the consent of two legal guardians of a mentally ill person (with the consent of one person, where there is only one legal guardian), and shall receive a written consent to hospitalization, etc. and a document from the relevant legal guardian, verifying that he/she is such legal guardian, at the time of his/her hospitalization, prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11005, Aug. 4, 2011> |
| (2) | When a psychiatrist has diagnosed that a mentally ill person needs to be hospitalized, the former shall attach a written recommendation of hospitalization, etc. stating his/her opinion of judgement that the relevant mentally ill person falls under any of the following subparagraphs, to the written consent of hospitalization, etc. under paragraph (1): <Amended by Act No. 11005, Aug. 4, 2011> |
| 1. | Cases where a patient suffers from mental illness in degree and nature that requires medical treatment, such as hospitalization, and care etc. in a mental medical institution, etc.; |
| 2. | Cases where hospitalization, etc. of a patient is necessary for the health or safety of the patient himself/herself or for the safety of others. |
| (3) | The period for hospitalization, etc. provided for in paragraph (1) shall be no longer than six months: Provided, That when a psychiatrist has diagnosed that medical treatment such as continued hospitalization, etc. is necessary even after six months have passed and the legal guardian has submitted a written consent of hospitalization, etc. under paragraph (1), the head of the mental medical institution, etc. shall request the head of a Si/Gun/Gu to examine medical treatment, such as hospitalization, etc., every six months. <Amended by Act No. 11005, Aug. 4, 2011> |
| (4) | When having received an order for discharge, etc. following the results of the examination under paragraph (3), the director of the mental medical institution, etc. shall discharge the relevant patient immediately. |
| (5) | Upon having hospitalized a mentally ill person or having extended the period of hospitalization pursuant to paragraphs (1) and (3), the director of the mental medical institution, etc. shall, without delay, notify the mentally ill person concerned and the legal guardian who has submitted a written consent (hereinafter referred to in this Article as "legal guardian") of the reasons therefor and matters pertaining to the request for an examination, etc. of discharge under Article 29 in a written or electronic document. |
| (6) | Upon receipt of a request for discharge from a patient or the legal guardian, the director of the mental medical institution, etc. shall discharge the relevant patient without delay: Provided, That in cases where a psychiatrist has notified the danger the mentally ill person may cause, the director of the mental medical institution, etc. may refuse the discharge, etc. In such cases, the patient or the legal guardian may immediately file a complaint with the Basic Mental Health Deliberative Committee or the Metropolitan Mental Health Deliberative Committee (limited to cases where the Basic Mental Health Deliberative Committee has not been established) under Article 27. <Amended by Act No. 11005, Aug. 4, 2011> |
| (7) | Where the director of the mental medical institution, etc. refuses discharge, etc. pursuant to the proviso to paragraph (6), he/she shall, without delay, notify the patient and the legal guardian of the reasons for refusal and their rights of request for an examination of discharge, etc. pursuant to Article 29 in a written or electronic document. |
| (8) | When the director of the mental medical institution, etc. has received an order for discharge, etc. as a result of examination under the proviso to paragraph (6), he/she shall immediately discharge the relevant patient. |
| (9) | When the director of the medical institution, etc. has discharged the patient pursuant to the main body of paragraph (6), he/she shall notify the legal guardian of the fact in a written or electronic document. |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 25 (Hospitalization by Head of Si/Gun/Gu) |
| (1) | A psychiatrist or mental health specialist who discovers that a person is suspected to harm himself/herself or others due to mental illness, may request the head of a Si/Gun/Gu to diagnose and protect the person in question. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (2) | Upon receiving the request as provided for in paragraph (1), the head of a Si/Gun/Gu shall immediately request the psychiatrist for the diagnosis of the person who is suspected as having mental illness. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (3) | When a psychiatrist acknowledges that the person suspected of having mental illness as referred to in paragraph (2) is in danger of harming himself/herself or others and so hospitalization for a fixed period is necessary to precisely diagnose the symptoms, the head of a Si/Gun/Gu may instruct the relevant person to be hospitalized in a mental medical institution or a general hospital, established or operated by the State or a local government, for a specified period of up to two weeks. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (4) | The criteria for danger of harming himself/herself or others as provided for in paragraph (3) shall be determined by the Minister of Health and Welfare after deliberation by the Central Mental Health Deliberative Committee, as provided for in Article 28. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | In cases of hospitalizing a patient as provided for in paragraph (3), the head of a Si/Gun/Gu shall notify in writing or by electronic document the reason, period, and location of the hospitalization without delay to the legal guardian or person protecting the patient. <Amended by Act No. 8939, Mar. 21, 2008> |
| (6) | Where, as a result of diagnoses under paragraph (3), there is a consensus of opinion from two or more psychiatrists that the relevant mentally ill person needs continual hospitalized treatment, the head of a Si/Gun/Gu may request a mental medical institution established and operated by the State or local government to render hospitalized treatment to the relevant mentally ill person: Provided, That if there exists no mental medical institution established and operated by the State or local government in the area under his/her jurisdiction, the Mayor/Do Governor may request other mental medical institutions than those mentioned above to render a hospitalized treatment. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (7) | Deleted. <by Act No. 6152, Jan. 12, 2000> |
| (8) | At the time of the request for hospitalization pursuant to paragraph (6), the head of a Si/Gun/Gu shall, without delay, notify in writing or by electronic document, the mentally ill person concerned and the legal guardian or a protecting person, of the matters concerning the grounds for the necessity of continued hospitalization, its period of time, and the request for an examination of discharge from the hospital, etc. as provided for in Article 29. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 26 (Emergency Hospitalization) |
| (1) | When the situation is particularly urgent that the hospitalization as provided for in Articles 23 through 25 cannot be executed, those who discover a person suspected to have mental illness and has a substantial risk to harm himself/herself or others, may request the emergency hospitalization of the person concerned by a mental medical institution with the consent of a doctor and police officer. |
| (2) | Where hospitalization is requested under paragraph (1), the police officer consenting thereto or the member of the rescue unit under Article 35 of the Framework Act on Fire Services shall accompany the relevant person to a mental medical institution. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 6893, May 29, 2003> |
| (3) | With regard to a person whose hospitalization is requested under paragraph (1), the director of the mental medical institution may admit such person in emergency hospitalization within the range of 72 hours. |
| (4) | Where continued hospitalization of the person, whose hospitalization is requested pursuant to paragraph (3), is deemed necessary due to danger of doing harm to himself/herself or others as a result of the diagnosis by a psychiatrist, he/she shall be hospitalized as provided for in Articles 23 through 25. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (5) | Where continued hospitalization is deemed not necessary as a result of a diagnosis by a psychiatrist as provided for in paragraph (4), the director of the mental medical institution shall immediately discharge the patient. <Amended by Act No. 11005, Aug. 4, 2011> |
| (6) | When the director of the mental medical institution has hospitalized a person on an emergency basis under paragraph (3), he/she shall, without delay, notify the legal guardian of the relevant mentally ill person or the person protecting the relevant mentally ill person of a reason, period, and place of hospitalization in writing or by electronic document. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| Article 26-2 (Verification of Personal Information of Mentally Ill Persons) |
| (1) | The head of mental health facilities shall confirm the personal information, such as the name, address, and legal guardians, etc., of mentally ill persons who have been hospitalized in mental health facilities or used such facilities, and where such information cannot be confirmed, he/she shall make an inquiry about personal information to the head of a relevant agency, such as the head of a Si/Gun/Gu. |
| (2) | The head of a relevant agency who has received a request for inquiry under paragraph (1) shall confirm the personal information of the mentally ill person and notify the head of mental health facilities of the result thereof. |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 26-3 (Notification of Facts such as Discharge, etc.) |
When a mentally ill person hospitalized in mental health facilities under the provisions of Articles 23 through 26 is discharged from the facilities, the head of mental health facilities shall notify the relevant mental health center and the health center of the fact of his/her discharge with the consent of the patient concerned as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where a psychiatrist determines that the patient is lack of ability to express his/her intention, the consent of the legal guardian may replace that of the patient. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11005, Aug. 4, 2011> [This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
CHAPTER IV REQUESTS FOR AND REVIEW OF DISCHARGE, ETC.
| Article 27 (Establishment and Category of Mental Health Deliberative Committees) |
| (1) | For the purposes of giving advise to the Minister of Health and Welfare, the Mayor/Do Governor and the head of a Si/Gun/Gu with respect to mental health, and deliberating and examining important matters pertaining to mental health, the Central Mental Health Deliberative Committee under the control of the Minister of Health and Welfare, the Metropolitan Mental Health Deliberative Committee under the control of the Mayor/Do Governor, and the Basic Mental Health Deliberative Committee under the control of the head of a Si/Gun/Gu shall be established, respectively: Provided, That the Basic Mental Health Deliberative Committee may not be established in a Si/Gun/Gu where there is no mental medical institution and mental health sanatorium. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | To conduct the examinations provided for in Articles 31, 35 and 36, the Mental Health Adjudication Committees shall be established respectively in the Metropolitan Mental Health Deliberative Committees and Basic Mental Health Deliberative Committees. In such cases, multiple Mental Health Adjudication Committees may be established according to the volume of examinations. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 28 (Duties of Mental Health Deliberative Committee) |
| (1) | The Central Mental Health Deliberative Committee shall deliberate upon the matters falling under any of the following subparagraphs: <Amended by Act No. 8939, Mar. 21, 2008> |
| 1. | Matters pertaining to enactment and amendment of the Acts and subordinate legislations on mental health welfare, and matters on the mental health welfare policies; |
| 2. | Matters pertaining to standards for mental health facilities; |
| 3. | Various kinds of standards for the hospitalization and treatment of mentally ill persons; |
| 4. | Offering medical opinions concerning the consent for treatment; |
| 5. | Deleted. <by Act No. 8939, Mar. 21, 2008> |
| (2) | The Metropolitan Mental Health Deliberative Committee shall deliberate upon the matters referred to in the following subparagraphs: <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8939, Mar. 21, 2008> |
| 1. | Supervision of mental health facilities and correction thereof; |
| 2. | Assessment of mental health facilities; |
| 3. | Requests for reexamination; |
| 4. | and 5. Deleted. <by Act No. 8939, Mar. 21, 2008> |
| (3) | The Basic Mental Health Deliberative Committee shall deliberate upon the matters referred to in the following subparagraphs: <Amended by Act No. 8939, Mar. 21, 2008> |
| 1. | Examination of medical treatments to which objections have been raised; |
| 2. | Examination of improved treatment; |
| 3. | Examination to determine discharge or continued hospitalization; |
| 4. | Matters concerning an order for medical treatment of outpatient under Article 37-2. |
| (4) | The members of the Central Mental Health Deliberative Committee and Metropolitan Mental Health Deliberative Committee shall be not fewer than ten persons but not exceeding 30 persons respectively, the members of the Basic Mental Health Deliberative Committee shall be not fewer than five persons but not exceeding 15 persons, and the term of office of the members shall be two years respectively and they may be reappointed. <Amended by Act No. 8939, Mar. 21, 2008> |
| (5) | The members of the Mental Health Deliberative Committee shall be appointed or commissioned by the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu respectively, including one or more persons respectively from among the persons designated in the following subparagraphs: <Amended by Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11005, Aug. 4, 2011> |
| 2. | Persons qualified as judge, public prosecutor or lawyer; |
| 3. | Mental health specialists; |
| 4. | Family members of a mentally ill person; |
| 5. | Persons having expertise and experience in mental health, falling under any of the following items: |
| (a) | Operators of mental health facilities; |
| (b) | Persons in the position of full-time instructor or higher level teaching psychology, nursing science, social welfare, or social work in a college under Article 2 of the Higher Education Act; |
| (c) | Public officials relating to mental health affairs; |
| (d) | Other persons deemed to have expertise and experience in mental health. |
| (6) | The Mental Health Adjudication Committee shall be comprised of at least five but not exceeding ten members appointed from among the members of the Mental Health Deliberative Committee by the Mayor/Do Governor and the head of a Si/Gun/Gu, as a collegiate body to examine cases. In such cases, the members shall include at least one person from among psychiatrists, mental health specialists, and persons having qualification for judge, public prosecutor, or lawyer. <Newly Inserted by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (7) | When the Mental Health Deliberative Committee has come to know any act of violation of human rights against a mentally ill person, it may request the National Human Rights Commission to investigate the case. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| (8) | The Mental Health Deliberative Committee shall convene its meeting at least twice a year for the purposes of deliberation or examination. <Newly Inserted by Act No. 6152, Jan. 12, 2000, Act No. 8939, Mar. 21, 2008> |
| (9) | Other matters necessary for the formation and operation of each Mental Health Deliberative Committee shall be prescribed by Presidential Decree. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 29 (Request for Examination of Discharge, etc.) |
| (1) | A person being hospitalized in a mental medical institution, etc. or a legal guardian may request the head of a Si/Gun/Gu to discharge or improve treatment for himself/herself or the hospitalized patient concerned. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | Necessary matters concerning request procedures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 30 (Referring to Basic Mental Health Deliberative Committee) |
When the head of a Si/Gun/Gu has received a request provided for in Articles 24 (3) and 29 (1), he/she shall immediately refer the details of the request to the Basic Mental Health Deliberative Committee. <Amended by Act No. 8939, Mar. 21, 2008>
| Article 31 (Examination of Discharge, etc.) |
| (1) | When the Basic Mental Health Deliberative Committee has received the details of the request under Article 30, it shall immediately deliberate upon the matters at the Mental Health Adjudication Committee and report the results thereof to the head of a Si/Gun/Gu. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | When conducting an examination as provided for in paragraph (1), the opinions of the applicant and the director of the mental medical institution, etc. hospitalizing the mentally ill person shall be heard: Provided, That where the opinions are in favor of the mentally ill person and the legal guardian, the opinions may not be heard. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 32 (Exclusion of Commissioner) |
A commissioner who has resolved on the hospitalization of the relevant mentally ill person, or who belongs to a mental medical institution, etc. hospitalizing the relevant mentally ill person, shall not be present at a meeting for the examination of discharge, etc. of the Mental Health Adjudication Committee under Article 31. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8939, Mar. 21, 2008>
| Article 33 (Orders for Discharge, etc.) |
| (1) | The head of a Si/Gun/Gu may, when it is deemed necessary according to the results of examination reported by the Basic Mental Health Deliberative Committee as provided for in Article 31 (1), order the director of the mental medical institution, etc. to discharge or temporarily discharge the mentally ill person or order him/her to take necessary measures for improved treatment. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | With regard to a person making a request provided for in Articles 24 (3) and 29, the head of a Si/Gun/Gu shall notify him/her in writing within thirty days from the date of receiving the request, of the results of the examination by the Basic Mental Health Adjudication Committee on the request concerned and the details of subsequent measures taken: Provided, That when the notification is unable to be delivered within the said period for unavoidable causes, the reason thereof and the deadline for notification of the examination shall be notified in writing or by electronic document. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 34 (Requests for Re-examination) |
| (1) | Where an applicant provided for in Article 29 and the mentally ill person whose continued hospitalization has been resolved upon pursuant to Article 24 (3) have objections to the notification of examination results or an outpatient treatment order from the head of a Si/Gun/Gu under Article 33 (2) or 37-2, or where an examination is not made within the fixed period, the mentally ill person may request a re-examination by the Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008> |
| (2) | The procedures for the request for re-examination as provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 35 (Referral, etc. of Re-Examinations) |
| (1) | Upon receiving a request for re-examination under Article 34 (1), the Mayor/Do Governor shall immediately refer the details of relevant request to the Metropolitan Mental Health Deliberative Committee. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008> |
| (2) | With respect to matters pertaining to the examination by the Metropolitan Mental Health Deliberative Committee, the provisions pursuant to Article 31, and with respect to the exclusion of members, the provisions pursuant to Article 32, and with respect to matters pertaining to orders for discharge by the Mayor/Do Governor, the provisions pursuant to Article 33, shall apply mutatis mutandis, respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008> |
| Article 36 (Termination of Measures for Hospitalization by Head of Si/Gun/Gu) |
| (1) | When the period of hospitalization under Article 25 exceeds three months, the head of a Si/Gun/Gu shall terminate the measure of hospitalization for the relevant patient and shall notify this in writing or by electronic document to the director of the mental medical institution hospitalizing the relevant patient. In such cases, the director of the mental medical institution shall, without delay, discharge the relevant patient. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | Notwithstanding the provisions of paragraph (1), where the results of diagnosis by at least two psychiatrists or examination by the Mental Health Adjudication Committee clearly determines if the mentally ill person in question is discharged, there would be danger to harm the patient himself/herself or others due to the mental illness, the head of a Si/Gun/Gu may continue the hospitalization of the person in question, for a period not exceeding three months from the date of the continued hospitalization. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (3) | When the hospitalization of a patient is continued under paragraph (2), the head of a Si/Gun/Gu shall notify in writing or by electronic document the relevant patient and the legal guardian or the protecting person of the reasons and period for the continued hospitalization. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 37 (Temporary Discharge, etc.) |
| (1) | When the director of a mental medical institution, etc. which is hospitalizing mentally ill persons pursuant to Articles 24 and 25 determines that, based on result of the diagnosis by at least two psychiatrists, the temporary discharge of the concerned patient is necessary to observe the progress of recovery in the light of his/her symptoms, he/she shall immediately discharge the patient and notify the legal guardian who requested medical treatment, such as hospitalization, etc., or the head of a Si/Gun/Gu of the fact. <Amended by Act No. 11005, Aug. 4, 2011> |
| (2) | Where the head of a Si/Gun/Gu has received a notice under paragraph (1) or has ordered temporary discharge under Article 33 (1) (including cases where Article 35 (2) shall apply mutatis mutandis), he/she may observe the progress after discharge for a period not exceeding six months from the date of hospitalization, etc. or the date of continued hospitalization, etc. in cases of hospitalization, etc. pursuant to Article 24, and for a period not exceeding three months in cases of hospitalization pursuant to Article 25. |
| (3) | Where the head of a Si/Gun/Gu determines that hospitalization is necessary again due to changes of symptoms, etc. based on the observation under paragraph (2), he/she may hear the opinions of two psychiatrists and re-hospitalize the temporarily discharged mentally ill person. In such cases, the period for re-hospitalization, etc. shall not exceed three months from the date of re-hospitalization. <Amended by Act No. 11005, Aug. 4, 2011> |
| (4) | Necessary matters pertaining to the notification, details and procedures of the observation, and re-hospitalization under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 200]
| Article 37-2 (Order of Outpatient Treatment) |
| (1) | The director of a mental medical institution may request the head of a Si/Gun/Gu to order the outpatient medical treatment of patients, from among those hospitalized pursuant to Articles 24 and 25, who have caused harm to themselves or others before they were hospitalized due to symptoms of mental illness, as prescribed by Presidential Decree for a period not exceeding one year, with the consent of the legal guardians. |
| (2) | When the head of a Si/Gun/Gu has received a request for an outpatient treatment order under paragraph (1), he/she may order outpatient medical treatment for a period not exceeding one year after deliberation by the Basic Mental Health Deliberative Committee. |
| (3) | When the head of a Si/Gun/Gu has ordered outpatient medical treatment pursuant to paragraph (2), he/she shall, without delay, notify the patient concerned, the legal guardian, and the director of a mental medical institution who requested an outpatient treatment order of the fact in writing or by electronic document. |
| (4) | When a person who has received an outpatient treatment order pursuant to paragraph (2) suspends medical treatment by disobeying the outpatient treatment order, the head of a Si/Gun/Gu may order him/her to receive an appraisal from a national or public medical institution for the assessment of the degree of his/her danger of causing harm to himself/herself or others. |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 38 (Measures for Persons Discharged from Hospital without Permission) |
| (1) | Where a hospitalized mentally ill person who is likely to harm himself/herself and others are discharged from a hospital without permission and his/her whereabouts is unknown, the director of the mental medical institution, etc. may notify the chief of the competent police station or the Governor of the Jeju Special Self-Governing Province that established an autonomous police agency of the matters falling under the following subparagraphs and request a search: <Amended by Act No. 7849, Feb. 21, 2006; Act No. 8939, Mar. 21, 2008> |
| 1. | Full name, domicile, gender, and date of birth of person who has been discharged; |
| 2. | Date of hospitalization, etc. and the time of discharge, etc.; |
| 3. | Summary of symptoms and the patient's appearance; |
| 4. | Full name and domicile of legal guardian or an equivalent person. |
| (2) | Where a mentally ill person for whom a request for search has been made under paragraph (1) is discovered, the police officer shall immediately notify the director of the mental medical institution of the fact. In such cases, the police officer may, up to 24 hours, protect the relevant person at a police station, medical institution, or social welfare facility, etc. until handing over the custody of the mentally ill person. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 39 (Reports, Inspections, etc.) |
| (1) | The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall direct and supervise the establisher and operator of the mental health facility regarding the affairs under his/her jurisdiction, or have the public health clinic supervise them, and order them to file reports on the competent affairs or to submit the related documents, or order the relevant public officials to inspect the books, documents, and other matters regarding the operation of relevant facilities. <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu may, as prescribed by Presidential Decree, request each member of the Mental Health Deliberative Committee to review the appropriateness of the hospitalization, the needs of discharge from a hospital or sanatorium, the conditions of treatments, through direct interviews with hospitalized or admitted mentally ill persons by entering the mental medical institution. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Each public official and commissioner in charge of conducting an inspection or review under paragraphs (1) and (2) shall carry a certificate indicating authority and produce the certificate to the relevant persons. |
| (4) | The Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu may, based on the result of inspection under paragraph (2), order the director of the mental medical institution to discharge the relevant mentally ill person or to take necessary measures to improve treatment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8939, Mar. 21, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | The director of the mental medical institution shall, where he/she discharges mentally ill persons under paragraph (4), notify the head of the competent public health clinic thereof as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That this shall not apply to cases where a mentally ill person or the legal guardian fails to consent to it. <Newly Inserted by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (6) | Where a notification pursuant to provisions of paragraph (5) is related to a mentally ill person outside the jurisdiction, the head of a public health clinic upon receipt of such notification shall notify the head of the public health clinic having jurisdiction over the residence of such mentally ill person of such, without delay in writing or by electronic document. <Newly Inserted by Act No. 6152, Jan. 12, 2000; Act No. 8939, Mar. 21, 2008> |
CHAPTER V PROTECTION OF RIGHTS, INTERESTS AND SUPPORT, ETC.
| Article 40 (Prohibition on Hospitalization, etc.) |
| (1) | Except in cases of emergency hospitalization, no person shall hospitalize a mentally ill person into a mental medical institution, etc. or extend the hospitalization, etc. without diagnosis by a psychiatrist. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| (2) | Necessary matters pertaining to the term of validity, etc. of a diagnosis as provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 41 (Protection of Rights and Interests) |
| (1) | No person shall be deprived of the opportunity for education and employment, or receive unfair treatment on grounds that he/she is a mentally ill person. |
| (2) | No person shall record, videotape, or photograph mentally ill persons, without the consent of the mentally ill person himself, a legal guardian, or a person providing protection. |
| (3) | The head of mental health facilities shall not compel a mentally ill person being hospitalized, etc. to engage in labor which is not aimed at medical treatment or rehabilitation following the instructions of a psychiatrist. <Newly Inserted by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| Article 42 (Prohibition on Disclosure of Confidential Information) |
A person who was or is performing duties with regard to a mentally ill person under this Act shall not divulge or announce the confidential information of other persons that comes to his/her knowledge in the course of performing such duties, except in cases specifically provided for in this Act or other Acts and subordinate legislations.
| Article 43 (Prohibition on Accommodation and Cruel Treatment) |
| (1) | No mentally ill person shall be accommodated in a location other than the facilities which can provide medical protection to mentally ill persons as prescribed by this Act or other Acts and subordinate legislations. |
| (2) | Neither the head of mental health facilities nor its employees shall assault or harshly treat a mentally ill person being hospitalized in, or admitted to, or using the mental health facilities. <Newly Inserted by Act No. 8939, Mar. 21, 2008> |
| Article 44 (Restrictions on Special Medical Treatment) |
| (1) | Electric shock therapy, insulin lethargy therapy, hypnosis-underanesthesia therapy, psychiatric surgery therapy, and other special medical treatments prescribed by Presidential Decree toward mentally ill persons shall be determined by a consultative council formed by each mental medical institution concerned, yet necessary information about special medical treatment shall be given to the relevant patients or the legal guardians to obtain their consent thereto. |
| (2) | The consultative council reerred to in paragraph (1) shall consist of more than one psychiatrist and person having expert knowledge and experience in mental health as prescribed by Presidential Decree, and necessary matters concerning operating procedures, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11005, Aug. 4, 2011> |
| Article 45 (Prohibition on Restriction of Action) |
| (1) | The director of a mental medical institution, etc. may restrict mentally ill persons regarding the freedom of communication, liberty to interview, and freedom of other actions prescribed by Presidential Decree. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | Where the director of a mental medical institution, etc. restricts actions referred to in paragraph (1), such restriction shall be made to the minimum extent, and the reasons for restriction shall be recorded in medical records. <Amended by Act No. 8939, Mar. 21, 2008> |
| Article 46 (Restriction on Isolation of Patients) |
| (1) | Physical restrictions, such as isolating or binding a patient shall be imposed only when, given the symptoms of the patient, it is deemed that there is a significantly high possibility that the relevant patient or his/her neighbors may face a danger, and that there are evidently no other alternatives to physical restrictions to avoid the danger. In such cases, the isolation shall be made within the relevant facility for the purpose of reducing danger to the maximum extent and treating or protecting the patient. <Amended by Act No. 8939, Mar. 21, 2008> |
| (2) | Where the director of a mental medical institution, etc. or any of its employees imposes physical restrictions, such as isolating or binding a patient under paragraph (1), it shall be executed following the instructions of a psychiatrist and stated in medical records. <Amended by Act No. 8939, Mar. 21, 2008; Act No. 11005, Aug. 4, 2011> |
| Article 46-2 (Occupational Therapy on Hospitalized Patients) |
| (1) | Where it is deemed to be helpful to medical treatment of hospitalized patients or rehabilitation of admitted patients, the director of a mental medical institution, etc. may engage them in simple work, such as handicraft, within the extent of not harming their health, considering their health condition and dangerousness. |
| (2) | Works referred to in paragraph (1) shall be performed only where the subject person concerned has applied for or consented to, and in accordance with a method instructed by a psychiatrist: Provided, That in case of a mental health sanatorium, a mental health specialist may instruct a specific method of work following the guidance of a psychiatrist. <Amended by Act No. 11005, Aug. 4, 2011> |
| (3) | Where the director of a mental medical institution, etc. assigns a person to work pursuant to paragraphs (1) and (2), he/she shall record the details thereof in medical records or an occupational therapy diary. |
| (4) | Specific matters concerning the time, dangerousness, and place, etc. of work under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 47 (Vocational Guidance, etc.) |
The State or local government shall endeavor to ensure that persons who have recovered from mental illness receive a proper vocational guidance and vocational training according to their abilities, and shall endeavor to develop and expand categories of suitable occupations for them.
| Article 48 (Preservation and Fostering of Organizations or Facilities) |
The State or local government shall endeavor to preserve and foster organizations or facilities aimed at facilitation of the rehabilitation of mentally ill persons and protection of their rights and interests, and may subsidize the expenses incurred therein.
[This Article Wholly Amended by Act No. 6152, Jan. 12, 2000]
| Article 49 (Relief of Economic Burdens, etc.) |
The State or local government may lessen medical expenses or provide other necessary support in order to relieve the economic burdens on mentally ill persons and their legal guardians, and to promote rehabilitation of mentally ill persons.
| Article 50 (Defrayment of Expenses) |
| (1) | The State or local governments may fully or partially bear the expenses incurred in the diagnosis and treatment as provided for in Article 25. |
| (2) | Necessary matters concerning the defrayment of expenses provided for in paragraph (1) shall be determined by Presidential Decree. |
| Article 51 (Recovery of Expenses) |
Founders and operators of community rehabilitation centers or mental health sanatoriums may collect the incurred expenses from persons using the facilities within the limit on recovery of expenses determined and publicly notified by the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
| Article 52 (Subsidies, etc.) |
| (1) | The State may, within the budgetary limits, subsidize the expenses incurred in the establishment and operation of mental medical institutions and community rehabilitation centers established and operated by local governments. <Amended by Act No. 6152, Jan. 12, 2000> |
| (2) | The State or local governments may subsidize expenses necessary for the community mental health projects under Article 13 (1) and (2) and for the direction and supervision under Article 39 (1). <Amended by Act No. 6152, Jan. 12, 2000; Act No. 7149, Jan. 29, 2004> |
| (3) | The State and local governments may subsidize expenses required for the implementation of projects to any institution or organization entrusted with community mental health projects under the provisions of Article 13 (3). <Newly Inserted by Act No. 6152, Jan. 12, 2000; Act No. 7149, Jan. 29, 2004> |
| (4) | The State or local governments may subsidize expenses incurred in the establishment and operation thereof to persons who establish or operate non-profit mental medical institutions, community rehabilitation centers, or mental health sanatoriums, within budgetary limits, as prescribed by Presidential Decree. |
| (5) | Subsidies provided for in paragraphs (1) through (4) shall not be used for any other purposes. <Amended by Act No. 6152, Jan. 12, 2000> |
| Article 53 Deleted. <by Act No. 6152, Jan. 12, 2000> |
| Article 54 (Delegation of Authority) |
| (1) | The Minister of Health and Welfare or the Mayor/Do Governor may partially entrust his/her authority prescribed by this Act to the Mayor/Do Governor, the director of the National Mental Hospital, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may entrust part of his/her task prescribed by this Act to the institutions or organizations related to mental health as prescribed by Presidential Decree. <Newly Inserted by Act No. 6152, Jan. 12, 2000; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
CHAPTER VI PENALTY PROVISIONS
| Article 55 (Penalty Provisions) |
Any person falling under any of the following subparagraphs shall be sentenced to imprisonment with labor for not more than five years, or a fine not exceeding twenty million won: <Amended by Act No. 11005, Aug. 4, 2011>
| 1. | A person who has abandoned a mentally ill person in violation of Article 22 (3); |
| 2. | A person who has not discharged a mentally ill person in violation of Article 23 (2) or 24 (4), (6) and (8); |
| 3. | A person who has not complied with an order for discharge, etc. or temporary discharge, etc. in violation of Article 33 (1) (including cases where Article 35 (2) shall apply mutatis mutandis) or 39 (4); |
| 4. | A person who has not discharged a mentally ill person in violation of the latter part of Article 36 (1); |
| 5. | A person who has hospitalized or extended the hospitalization, etc. of a mentally ill person without the diagnosis by a psychiatrist in violation of Article 40 (1); |
| 6. | A person who has accommodated a mentally ill person in a location other than facilities under this Act or other Acts and subordinate legislations, in violation of Article 43 (1); |
| 6-2. | The head of mental health facilities or its employee who has commited violence or conducted harsh treatment on a mentally ill person hospitalized in mental health facilities or using the facilities, in violation of Article 43 (2); |
| 7. | A person who performs a special medical treatment without the decision by a consultative council or the consent of a mentally ill person or the legal guardian, in violation of Article 44 (1); |
| 8. | A person who has used subsidies for other illegitimate purpose in violation of Article 52 (5). |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 56 (Penalty Provisions) |
Any person falling under any of the following subparagraphs shall be sentenced to imprisonment with labor for not more than three years, or a fine not exceeding ten million won: <Amended by Act No. 8939, Mar. 21, 2008>
| 1. | A person who violates an order to discontinue service or close the facilities in violation of Articles 12 (3) and 18 (1); |
| 2. | A person who establishes or operates a community rehabilitation center without filing a report in violation of Article 15 (2); |
| 2-2. | A person who has compelled a mentally ill person to engage in labor in violation of Article 41 (3); |
| 3. | A person who divulges or announces confidential information acquired in the course of performing duties in violation of Article 42; |
| 4. | A person who restricts the freedom of communication, etc. of a mentally ill person in violation of Article 45 (1). |
| Article 57 (Penalty Provisions) |
Any person falling under any of the following subparagraphs shall be sentenced to imprisonment with labor for not more than one year, or a fine exceeding five million won: <Amended by Act No. 11005, Aug. 4, 2011>
| 1. | A person who fails to confirm whether a mentally ill person has the intention of being discharged or to state the matter in a medical record in violation of Article 23 (3); |
| 2. | A person who has not received a written consent to hospitalization or a document verifying the legal guardian, in violation of Article 24 (1); |
| 3. | A person who has not applied for continued hospitalization, etc. or has delayed making such application, in violation of Article 24 (3); |
| 4. | A person who has not discharged a mentally ill person immediately in violation of Article 26 (5); |
| 5. | A person who has not confirmed the personal information or requested for a background check in violation of Article 26-2 (1); |
| 6. | A person who has not complied with an order to improve treatment in violation of Article 33 (1) (including cases where Article 35 (2) applies mutatis mutandis) or 39 (4); |
| 7. | A person who has recorded, videotaped, or photographed a mentally ill person without his/her consent in violation of Article 41 (2); |
| 8. | A person who has not stated a reason for restrictions on action in medical records or made a false statement in violation of Article 45 (2); |
| 9. | A person who has neither complied with instructions of a psychiatrist nor stated them in medical records in violation of Article 46 (2); |
| 10. | A person who has assigned a hospitalized patient or an admitted person to work without their application or consent, or had them work in a manner differently from what is instructed by a psychiatrist, in violation of Article 46-2 (2); |
| 11. | A person who has not stated matters concerning work in medical records or made a false statement in violation of Article 46-2 (3). |
[This Article Wholly Amended by Act No. 8939, Mar. 21, 2008]
| Article 57-2 (Penalty Provisions) |
Any person who has not complied with the opening of facilities in violation of the latter part of Article 10 (3) shall be punished by a fine not exceeding five million won. [This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 57-3 (Penalty Provisions) |
Any person who has not prepared or preserved records or has refused to confirm the details thereof in violation of Article 18-2 shall be punished by a fine not exceeding three million won. [This Article Newly Inserted by Act No. 8939, Mar. 21, 2008]
| Article 58 (Joint Penalty Provisions) |
Where any representative of a corporation, or any agent, employee, or other servants of a corporation or an individual commits an offense in violation of Articles 55 through 57-2 in connection with the affairs of the corporations or individuals, not only the offender shall be punished, but also a fine under each corresponding Article shall be imposed on such corporations or individuals. <Amended by Act No. 8939, Mar. 21, 2008>
| Article 59 (Administrative Fines) |
| (1) | Any person falling under any of the following subparagraphs shall be sentenced to an administrative fine of not more than one million won: <Amended by Act No. 6152, Jan. 12, 2000; Act No. 8939, Mar. 21, 2008> |
| 1. | A person who fails to file a report under Article 10-2, or files a false report; |
| 2. | A person who fails to file a report under Article 17, or files a false report; |
| 3. | A person who fails to inform in violation of Article 24 (5) and (7); |
| 4. | A person who fails to notify in violation of the provisions of Article 37 (1); |
| 5. | A person who fails to files a report or makes a false report, or who fails to submit relevant documents or submits false documents, or who refuses, obstructs, or evades the inspection or review of relevant public officials or members of the Mental Health Deliberative Committee in violation of Article 39; |
| 6. | A person who violates the provisions of Article 41 (1). |
| (2) | Administrative fines provided for in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | A person who has an objection to the disposition of an administrative fine provided for in paragraph (2) may file an objection within thirty days from the date of receiving notice of the disposition with the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Where a person who has been sentenced to an administrative fine provided for in paragraph (2) files an objection as provided for in paragraph (3), the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu shall, without delay, notify the competent court, which in turn shall judge the administrative fine, in accordance with the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7149, Jan. 29, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | When an objection is not filed within the period provided for in paragraph (3), and when the administrative fine has not been paid, the administrative fine shall be collected in the same manner as the delinquent national or local taxes are collected. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1998: Provided, That the provisions of Article 4 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards of Facilities of Mental Medical Institutions)
Mental institutions which are established and operated before this Act enters into force shall begin to conform to the standards under Article 12 (1) by not later than June 30, 2001. <Amended by Act No. 6152, Jan. 12, 2000> Article 3 (Transitional Measures concerning Sanatorium for Mentally Ill Person)
Any sanatorium for mentally ill persons established by the Social Welfare Services Act before this Act enters into force shall be deemed to be a mental health sanatorium under this Act: Provided, That it shall conform to the standards prescribed in Article 10 (3) by not later than December 31, 1999. Article 4 (Transitional Measures concerning Mental Health Sanatorium)
| (1) | Mental health sanatoriums operated under the previous provisions before this Act enters into force, shall conform to the standards under Article 12 (1) and obtain the permission for a mental hospital by not later than December 31, 1999. |
| (2) | A social welfare corporation which is in the process of establishing a mental health sanatorium under the previous provisions before this Act enters into force, may obtain the permission for mental health sanatorium, on condition that it shall obtain the permission for a mental hospital, conforming to the standards under Article 12 (1) until December 31, 1999. |
Article 5 (Transitional Measures concerning Medical Mental Corporation)
| (1) | A medical mental corporation which is founded to establish a mental health sanatorium under the previous provisions before this Act enters into force shall be deemed to be a medical corporation under Article 41 of the Medical Service Act. |
| (2) | A medical mental corporation established to make a community rehabilitation center under the previous provisions before this Act enters into force shall be deemed to be a social welfare corporation under Article 16 of the Social Services Act. |
Article 6 (Relations with Other Acts and Subordinate Legislations)
In cases where provisions of the Mental Health Act are cited in other Acts and subordinate legislations before this Act enters into force, it shall be deemed that the relevant provisions of this Act, if any, has been cited.
ADDENDUM <Act No. 6152, Jan. 12, 2000>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amendments to Article 12 (2) and the amendments to Article 2 of the Addenda of the amended Mental Health Act (Act No. 5486) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7149, Jan. 29, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8939, Mar. 21, 2008>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (General Transitional Measures concerning Administrative Disposition, etc.) Any disposition, etc. made by the Minister for Health and Welfare or the Minister of Health and Welfare pursuant to the previous provisions before this Act enters into force shall be deemed to be a disposition, etc. made by the Mayor/Do Governor pursuant to the amended provisions of this Act, and any disposition, etc. made by the Mayor/Do Governor pursuant to the previous provisions shall be deemed to be a disposition, etc. made by the head of a Si/Gun/Gu pursuant to the amended provisions of this Act. |
| (3) | (Transitional Measures concerning Local Mental Health Deliberative Committee) The Local Mental Health Deliberative Committee established pursuant to the previous provisions before this Act enters into force shall be deemed to be the Metropolitan Mental Health Deliberative Committee under the amended provisions of Article 27 (1). |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10387, Jul. 23, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation (Proviso Omitted). |
ADDENDA <Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12071, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Suspension of Business)
The amended provisions of Article 11 (1) shall apply to administrative dispositions against violations committed before this Act enters into force.
ADDENDA <Act No. 12935, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.