Law Viewer

Back Home

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

Wholly Amended by Presidential Decree No. 28074, May 29, 2017

Amended by Presidential Decree No. 29180, Sep. 18, 2018

Presidential Decree No. 29346, Dec. 11, 2018

Presidential Decree No. 29836, jun. 11, 2019

Presidential Decree No. 30142, Oct. 22, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and matters necessary for the enforcement of said Act.
 Article 2 (Scope of Users of Mental Health Rehabilitation Facilities)
"Persons specified by Presidential Decree" in subparagraph 7 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as the "Act"), means persons who suffer from any of the following disorders:
1. An organic mental disorder;
2. A mental disorder caused by addition to alcohol or drugs;
3. Schizophrenia or a delusional disorder;
4. A mood disorder;
5. An emotional disorder, anxiety disorder, or obsessive-compulsive disorder;
6. Any of the disorders specified and publicly notified by the Minister of Health and Welfare as disorders similar to those specified in subparagraphs 1 through 5.
CHAPTER II IMPLEMENTATION, ETC. OF POLICIES FOR PROMOTING MENTAL HEALTH
 Article 3 (Evaluation of Outcomes from Implementing National Plans and Regional Plans)
(1) Pursuant to Article 8 (2) of the Act, the Minister of Health and Welfare may evaluate outcomes from implementing the following plans for each year:
1. A master plan formulated by the State pursuant to Article 7 (1) of the Act (hereinafter referred to as "national plan") to improve mental health and provide welfare services to mentally ill persons;
2. A plan formulated by the Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") respectively pursuant to Article 7 (2) of the Act (hereinafter referred to as "regional plan") for the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do") to improve mental health and provide welfare services to mentally ill persons;
3. An implementation plan formulated by the Minister of Health and Welfare pursuant to Article 8 (1) of the Act, pursuant to the national plan;
4. An implementation plan formulated by a Mayor/Do Governor pursuant to Article 8 (1) of the Act, pursuant to the relevant regional plan.
(2) Pursuant to Article 8 (2) of the Act, a Mayor/Do Governor may evaluate outcomes from implementing an implementation plan formulated for each year by the head of a Si/Gun/Gun (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) pursuant to Article 8 (1) of the Act for the relevant area.
(3) If the Minister of Health and Welfare or a Mayor/Do Governor deems necessary for evaluating outcomes from implementing a national plan, regional plan, or implementation plan under Article 8 (1) of the Act (hereinafter referred to as “implementation plan”), he/she may request a related administrative agency, a mental health improvement facility, or any related institution or organization to provide information or cooperate in any other matter.
(4) If the Minister of Health and Welfare or a Mayor/Do Governor deems necessary to disclose details of the evaluation of outcomes from implementing a national plan, regional plan, or implementation plan for improving mental health and preventing and treating mental diseases, he/she may disclose such details.
(5) Except as provided in paragraphs (1) through (4), matters necessary for evaluating outcomes from implementing a national plan, regional plan, or implementation plan, shall be determined and publicly notified by the Minister of Health and Welfare.
 Article 4 (Institutions subject to Compliance with Requests for Information for Fact-Finding Surveys)
"Relevant institutions, organizations, etc. specified by Presidential Decree" in the former part of Article 10 (3) of the Act, means the following institutions and organizations:
1. The National Health Insurance Service under Article 13 of the National Health Insurance Act;
2. The Health Insurance Review and Assessment Service under Article 62 of the National Health Insurance Act;
3. The National Pension Service under Article 24 of the National Pension Act;
4. Hospital-level medical institutions under Article 3 (2) 3 of the Medical Service Act;
5. Social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act;
6. Other institutions and organizations publicly notified by the Minister of Health and Welfare as deemed particularly necessary for fact-finding surveys under Article 10 (1) of the Act.
 Article 5 (Services for Improving Mental Health)
(1) Pursuant to Article 11 (2) of the Act, the Minister of Health and Welfare shall render the following services for improving mental health so as to ensure early detection and medical treatment of problems in mental health by stage of life cycle and by gender:
1. Medical examination and treatment jointly with mental health improvement facilities;
2. Evaluation of emotional development, including assessment of emotional and behavioral characteristics;
3. Consulting and education on mental health;
4. Mental health examinations;
5. Other services deemed necessary by the Minister of Health and Welfare for early detection and treatment of problems in mental health by stage of life cycle and by gender.
(2) The Minister of Health and Welfare shall render different services for improving mental health referred to in paragraph (1) to each different group of people as classified into the following categories according to special needs of each group:
1. Infants and young children defined in subparagraph 1 of Article 2 of the Child Care Act;
2. Children and youth defined in subparagraph 1 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses (excluding infants and young children referred to in subparagraph 1);
3. Middle-aged and prime-aged persons;
4. Senior citizens;
5. Pregnant women.
 Article 6 (Organization and Operation of Central Mental Health Welfare Service Support Corps)
(1) The central mental health welfare service support corps under Article 12 (5) of the Act (hereinafter referred to as the "central support corps"), shall be comprised of at least ten but not more than 15 members, including one director.
(2) The director of the central support corps shall be appointed by the Minister of Health and Welfare; while members shall be appointed or commissioned by the Minister of Health and Welfare from among the persons who fall under any of the following categories:
1. A Grade-V or higher-ranking public official in charge of assistance in welfare services for mentally ill persons under Articles 33 through 38 of the Act (hereinafter referred to as "services, etc. for improving mental health") in the Ministry of Health and Welfare;
2. A psychiatrist;
3. A mental health specialist under Article 17 (1) of the Act (hereinafter referred to as "mental health specialist");
4. Other persons specified by the Minister of Health and Welfare from among persons who have expertise and experience in services, etc. for improving mental health.
(3) The term of office of commissioned members shall be two years.
(4) In any of the following cases, the Minister of Health and Welfare may remove or dismiss a member from office:
1. If the member is unable to perform his/her duties due to a mental or physical disorder;
2. If the member commits an irregularity in connection with his/her duties;
3. If the member is found incompetent for the office due to dereliction of duty, indecent conduct or on any other ground;
4. If the member voluntarily manifests that he/she has difficulty in performing his/her duties.
(5) If the central support corps deems necessary to perform its services, it may request a related administrative agency, a mental health improvement facility, or any related institution or organization to provide information or present opinions.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the services, organization, operation, etc. of the central support corps, shall be determined by the Minister of Health and Welfare.
 Article 7 (Organization and Operation of Regional Mental Health Welfare Service Support Corps)
(1) A regional mental health welfare service support corps under Article 12 (5) of the Act (hereinafter referred to as the "regional support corps"), shall be comprised of at least five but not more than ten members, including one director.
(2) Article 6 (2) through (6) shall apply mutatis mutandis to organizing and operating a regional support corps, including the appointment, commissioning, term of office, removal, and dismissal of the director and members of a regional support corps, the request for cooperation, etc. In such cases, "central support corps" shall be construed as "regional support corps;" "Minister of Health and Welfare" as "Mayor/Do Governor;" and "Ministry of Health and Welfare" as "City/Do," respectively.
 Article 8 (Institutions, Schools, Organizations Required to Endeavor to Render Services for Improving Mental Health)
(1) "Agencies specified by Presidential Decree" in Article 13 (1) 1 of the Act, means the following agencies:
1. Police stations under Article 2 of the Police Act (including the Autonomous Police Authority under Article 88 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City);
2. Fire stations under Article 5 of the Regulations on the Establishment of Local Fire-Fighting Agencies and the 119 Safety Centers, 119 Rescue Units, 119 Relief Units, 119 Rescue and Relief Centers, and Fire-Fighting Fleets under Article 8 of the same Act;
3. The Army, the Navy (including the Marine Corps), and the Air Force under Article 2 (1) of the Act on the Organization of National Armed Forces;
4. Correctional facilities under the Administration and Treatment of Correctional Institution Inmates Act.
(2) "Schools specified by Presidential Decree" in Article 13 (1) 2 of the Act, means the following schools:
1. Elementary schools, middle schools, high schools, and special schools under Article 2 of the Elementary and Secondary Education Act;
2. Universities, industrial colleges, teachers' colleges, junior colleges, and technical colleges under Article 2 of the Higher Education Act.
(3) "Institutions and organizations specified by Presidential Decree" in Article 13 (1) 4 of the Act, means social welfare facilities.
 Article 9 (Operation of Mental Health Welfare Centers)
(1) Each mental health welfare center that falls under any of the following subparagraphs (hereinafter referred to as "public mental health welfare center"), shall be staffed by the head of the public mental health welfare center and mental health specialists in accordance with the standards established by the Minister of Health and Welfare:
1. A mental health welfare center established and operated by the Minister of Health and Welfare under Article 15 (1) of the Act;
2. A regional mental health welfare center established and operated by a Mayor/Do Governor under Article 15 (2) of the Act;
3. A primary mental health welfare center established and operated by the head of a Si/Gun/Gu under Article 15 (3) of the Act.
(2) If the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems necessary for efficiently operating the mental health welfare center under paragraph (1), he/she may have an advisory team organized with experts in mental health in the mental health welfare center.
(3) The head of each public mental health welfare center shall formulate and implement a business plan and a detailed execution plan for each year in accordance with the guidelines established by the Minister of Health and Welfare.
(4) If the head of each public mental health welfare center deems necessary for efficiently performing its services, he/she may request a mental health improvement facility, an agency referred to in any subparagraph of Article 4, or any related institution or organization to provide information or cooperate in any matter necessary.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for organizing and operating public mental health welfare centers, shall be determined by the Minister of Health and Welfare.
 Article 10 (Entrustment of Services for Improving Mental Health)
(1) Pursuant to Article 15 (6) of the Act, the Minister of Health and Welfare may entrust services, etc. for improving mental health to the following institutions and organizations:
1. Mental health improvement facilities;
2. Schools with a department related to mental health among the schools under Article 2 of the Higher Education Act;
3. Other institutions and organizations specified and publicly notified by the Minister of Health and Welfare as institutions and organizations equipped with organs, human resources, expertise, etc. necessary for performing services, etc. for improving mental health.
(2) When the Minister of Health and Welfare intends to entrust services, etc. for improving mental health under Article 15 (6) of the Act, he/she shall give public notice of matters concerning the guidelines, procedure, method, etc. for the entrustment.
(3) When the Minister of Health and Welfare entrusts services, etc. for improving mental health under Article 15 (6) of the Act, he/she shall publish details about the entrustment, information about the trustee, etc. through the website of the Ministry of Health and Welfare.
(4) Any institution or organization to whom the Minister of Health and Welfare entrusts services, etc. for improving mental health under Article 15 (6) of the Act, shall report to the Minister of Health and Welfare matters concerning the business management plan, the current status of performance of services, the financing plan, the details of disbursement of funds, etc., as prescribed by the Minister of Health and Welfare.
 Article 10-2 (Establishment and Operation of Emergency Call System for Mental Health Counseling)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall establish an emergency call system for mental health counseling accessed through a dedicated line in each public mental health welfare center under Article 15 (8) of the Act and shall operate such system 24 hours a day, 365 days a year, at the telephone number available nationwide.
(2) Except as provided in paragraph (1), matters necessary for the establishment and operation of an emergency call system for mental health counseling shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 30142, Oct. 22, 2019]
 Article 10-3 (Establishment and Operation of the National Center for Disaster Trauma)
(1) The Minister of Health and Welfare shall delegate the establishment and operation of the National Center for Disaster Trauma under Article 15-2 (1) of the Act (hereinafter referred to as the “National Center for Disaster Trauma”) to the President of the National Center for Mental Health under paragraph (3) of the same Article.
(2) Where necessary to efficiently perform the affairs specified in the subparagraphs of Article 15-2 (2) of the Act, the President of the National Center for Mental Health may request a related administrative agency, a mental health welfare center, a mental health improvement facility, any institution specified in the subparagraphs of Article 4, or any related institution or organization to provide information or cooperate in any other matter.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the establishment, operation, etc. of the National Center for Disaster Trauma shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 29346, Dec. 11, 2018]
 Article 11 (Work of Mental Health Research Institute)
"Works specified by Presidential Decree" in subparagraph 8 of Article 16 of the Act, means the following activities:
1. Establishing a cooperative system with related research institutes, etc. for research on mental health or mental diseases;
2. International cooperation, including international exchange of information on mental health or mental diseases and the holding of international conferences;
3. Research on systems and statutes concerning mental health or mental diseases and assistance in improving such systems and statutes;
4. Activities that the Minister of Health and Welfare deems necessary for research on mental health or mental diseases as similar to the activities specified in subparagraphs 1 through 3.
 Article 12 (Scope of Work of Mental Health Specialists, Qualification Standards, etc.),
(1) Mental health specialists shall be classified into Class I and Class II, and the standards for qualification into each class are as prescribed in attached Table 1.
(2) The scope of work of mental health specialists is as prescribed in attached Table 2.
 Article 13 (Entrustment of Continuing Training Programs for Mental Health Specialists)
(1) Pursuant to Article 17 (4) of the Act, the Minister of Health and Welfare may entrust a continuing training program for mental health specialists under Article 17 (3) of the Act to any of the following specialized institutions:
1. A mental hospital established by the State under Article 21 of the Act (hereinafter referred to as "national mental hospital");
2. A school with a department related to mental health among the schools under Article 2 of the Higher Education Act;
3. An institution established with mental health specialists as its members and operated with a nationwide organization.
(2) When the Minister of Health and Welfare intends to entrust a continuing training program under Article 17 (4) of the Act, he/she shall give public notice of matters concerning the guidelines, procedure, method, etc. for the entrustment.
(3) When the Minister of Health and Welfare entrusts a continuing training program under Article 17 (4) of the Act, he/she shall publish details about the entrustment, information about the trustee, etc. through the website of the Ministry of Health and Welfare.
(4) Any institution or organization to whom a continuing training program is entrusted under Article 17 (4) of the Act, shall report to the Minister of Health and Welfare matters concerning the business management plan, the current status of performance of services, the financing plan, the details of disbursement of funds, etc., as prescribed by the Minister of Health and Welfare.
CHAPTER III OPENING, ESTABLISHMENT, OPERATION, ETC. OF mental health improvement facilities
 Article 14 (Guidelines for Imposing Penalty Surcharges)
The guidelines for imposing penalty surcharges under Article 20 (1) of the Act are as prescribed in attached Table 3.
 Article 15 (Consultation with Psychiatrists)
Pursuant to Article 23 of the Act, the head of a mental health sanatorium shall seek advice from a psychiatrist on the following matters:
1. Medicating and managing persons admitted to the mental health sanatorium;
2. Addressing any unusual physical or mental symptom of a person admitted to the mental health sanatorium;
3. Other matters that the Minister of Health and Welfare deems particularly necessary in connection with medical services provided by mental health sanatoriums as those similar to matters specified in subparagraph 1 or 2.
 Article 16 (Categories of Mental Health Rehabilitation Facilities)
"Facilities specified by Presidential Decree" in Article 27 (1) 3 of the Act, means the following facilities:
1. Facilities for selling products: Facilities that assist mentally ill persons or the persons who suffer from any of the disorders specified in Article 2 (hereinafter referred to as "mentally ill persons, etc.") in selling, distributing, etc. of products made thereby;
2. Facilities for rehabilitation of addicts: Facilities for curing mental addicts, etc. suffering from addiction to alcohol, drugs, games, etc. or assisting them in rehabilitation;
3. General facilities: Facilities that comprehensively provide a combination of at least two functions of mental rehabilitation facilities.
 Article 17 (Restriction on Inspection of Records by Legal Guardians)
"Cases specified by Presidential Decree" in Article 30 (4) of the Act, means the cases that fall under either of the following subparagraphs: Provided, That the foregoing shall not apply where a legal guardian under Article 39 (1) of the Act (hereinafter referred to as "legal guardian") submits a written decision (including a decision in the form of electronic document) or order (including an oder in the form of electronic document) issued by a court or an administrative appeals commission to authorize the legal guardian to inspect the records referred to in Article 30 (1) of the Act:
1. Where a lawsuit or similar proceeding is pending regarding a conflict of interest between a person hospitalized or admitted to a mental health improvement facility (hereinafter referred to as "hospitalized or admitted") and his/her legal guardian;
2. Where a hospitalized or admitted person has a specific ground after submitting a written consent under Article 30 (3) of the Act and expressly prohibits his/her legal guardian, in writing (including a document in the form of electronic document), from inspecting the records referred to in Article 30 (1) of the Act.
CHAPTER IV CARE AND MEDICAL TREATMENT
 Article 18 (Period for Filing Request for Examination for Extending Period of Hospitalization, etc.)
"Within the period specified by Presidential Decree" in the latter part of the main text of Article 43 (6) of the Act, means the period from two months before the period of hospitalization expires to one month before the expiration of the period of hospitalization.
 Article 19 (Hospitalization by Special Self-Governing City Mayor, Special Self-Governing Province Governor, or Head of Si/Gun/Gu)
If a psychiatrist or mental health specialist requests the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu to conduct a medical examination and provide care to a person suspected of being mentally ill pursuant to Article 44 (1) of the Act, he/she shall file an application for medical examination and care (including an application in the form of electronic document), stating the following matters therein, with the Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the Si/Gun/Gu:
1. Name, qualification, and contact information of the applicant;
2. Name, address, and date of birth of the person suspected of being mentally ill (applicable only where such information is obtainable);
3. Symptoms and conditions of the person suspected of being mentally ill;
4. Name, address, and contact information of the legal guardian or care giver of the person suspected of being mentally ill (applicable only where it is possible to obtain such information), if such legal guardian or care giver exists;
5. Name, workplace, position, and contact information of the police officer (referring to a police officer as defined in Article 2 (2) 2 of the State Public Officials Act or an autonomous police officer as defined in Article 2 (2) 2 of the Local Public Officials Act; hereinafter the same shall apply) who requests medical examination and care (applicable only where a police officer requests medical examination and care pursuant to Article 44 (2) of the Act).
(2) When a police officer intends to request a psychiatrist or medical health specialist to conduct a medical examination or provide care pursuant to Article 44 (2) of the Act, he/she shall inform the psychiatrist or medical health specialist of the following matters:
1. Name, workplace, position, and contact information of the police officer who requests medical examination and care;
2. Matters specified in paragraph (1) 2 through 4.
 Article 20 (Matters subject to Reporting to Committee for Examination as to Legitimacy of Hospitalization)
"Matters specified by Presidential Decree" in Article 45 (2) of the Act, means the following matters:
1. Whether hospitalization or admission under Article 42 or 50 of the Act has been changed to hospitalization or admission under Article 43 or 44 of the Act;
2. Name, address, resident registration number, and contact information, of the legal guardian and his/her relationship with the patient (applicable only where a legal guardian exists);
3. Name, location, and contact information of the mental medical institution or mental health sanatorium (hereinafter referred to as "mental medical institution, etc.");
4. Other matters deemed particularly necessary and publicly notified by the Minister of Health and Welfare among those similar to the matters specified in subparagraphs 1 through 3.
 Article 21 (Institutions Required to Establish Committee for Examination as to Legitimacy of Hospitalization and Jurisdictional Area)
(1) "Institutions specified by Presidential Decree, including national mental hospitals under Article 21 of the Act" in Article 46 (1) of the Act, means the following institutions:
1. National mental hospitals;
2. Institutions specified and publicly notified by the Minister of Health and Welfare from among mental medical institutions or institutions specialized in mental diseases, equipped with human resources and facilities necessary for the examination as to legitimacy of hospitalization or admission under Article 43 or 44 of the Act (hereinafter referred to as "examination as to legitimacy of hospitalization or admission").
(2) The jurisdictional area of each of the institutions specified in paragraph (1) (hereinafter referred to as "national mental hospitals, etc.") is as prescribed in attached Table 4.
 Article 22 (Organization, Operation, etc. of Committee for Examination as to Legitimacy of Hospitalization)
(1) In any of the following cases, the Minister of Health and Welfare may remove or dismiss a member of the committee for the examination as to legitimacy of hospitalization or admission under Article 46 (1) of the Act (hereinafter referred to as the "committee for the examination as to legitimacy of hospitalization") from office:
1. If the member is unable to perform his/her duties due to a mental or physical disorder;
2. If the member commits an irregularity in connection with his/her duties;
3. If the member is found incompetent for the office due to dereliction of duty, indecent conduct or on any other ground;
4. If the member voluntarily manifests that he/she has difficulty in performing his/her duties.
(2) The chairperson of a committee for the examination as to legitimacy of hospitalization shall represent the committee for the examination as to legitimacy of hospitalization; and shall administer all business affairs of the committee.
(3) If the chairperson of a committee for the examination as to legitimacy of hospitalization is unable to perform his/her duties due to an extenuating circumstance, the member designated by the chairperson in advance shall act on behalf of the chairperson.
(4) A majority of the members of a committee for the examination as to legitimacy of hospitalization shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present.
(5) If a committee for the examination as to legitimacy of hospitalization deems necessary to conduct examinations as to legitimacy of hospitalization in a professional manner, it may organize and operate a special advisory team in accordance with the guidelines prescribed by the Minister of Health and Welfare.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for organizing and operating a committee for the examination as to legitimacy of hospitalization, shall be determined by the Minister of Health and Welfare.
 Article 23 (Organization and Operation of Subcommittee for Examination of Admission)
(1) The chairperson of a subcommittee for the examination of admission under Article 46 (2) of the Act (hereinafter referred to as "subcommittee"), shall be appointed by the chairperson of the relevant committee for the examination as to legitimacy of hospitalization.
(2) Where a subcommittee deems necessary for examining as to legitimacy of hospitalization, etc., it may request a related administrative agency, a mental health improvement facility, or a related institution or organization, to present opinions or provide information.
(3) Where a subcommittee deems necessary to verify facts relevant to hospitalization, etc. under Article 43 or 44 of the Act, it may request the relevant mentally ill person, the head of a mental medical institution, etc., or any medical person of such institution to present opinions or provide information.
(4) Upon completing the examination as to legitimacy of hospitalization or admission, a subcommittee shall report results of the examination to the chairperson of the relevant committee for the examination as to legitimacy of hospitalization within three days from the date of completion.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for organizing, operating, etc. a subcommittee, shall be determined by the Minister of Health and Welfare.
 Article 24 (Grounds for Ex Officio Investigation of Legitimacy of Hospitalization, etc.)
"If the legitimacy of hospitalization or admission is doubtful, or any of the grounds specified by Presidential Decree exists" in Article 48 (1) of the Act, means any of the following cases:
1. Where the legitimacy of hospitalization, etc. is doubtful;
2. Where a report filed pursuant to Article 45 (2) of the Act is found false or unclear;
3. Where any of the grounds specified and publicly notified by the Minister of Health and Welfare, among those similar to the ground specified in subparagraph 1 or 2, exists.
 Article 25 (Investigation of Legitimacy of Hospitalization, etc.)
(1) Where the chairperson of a committee for the examination as to legitimacy of hospitalization instructs an employee of the relevant national mental hospital or such (hereinafter referred to as "investigator") to investigate a hospitalized or admitted person pursuant to Article 48 (1) of the Act, he/she shall notify the head of the relevant mental medical institution, etc. of the following matters, in writing (including an electronic document), by not later than three days before the investigation commences: Provided, That he/she need not give such prior notice, if an urgent investigation is required or evidence is likely to be destroyed):
1. Date and time of investigation;
2. Name, workplace, and contact information of the investigator;
3. Details of investigation;
4. Matters concerning the method of investigation.
(2) An investigator shall fall under any of the following categories:
1. A psychiatrist;
2. A mental health specialist;
3. A person who has at least two years' work experience in a mental health improvement facility after obtaining a license of nurse under Article 7 of the Medical Service Act or the qualification of a social worker under Article 11 of the Social Welfare Services Act;
4. Other persons recognized and publicly notified by the Minister of Health and Welfare as able to perform duties as an investigator among those similar to the persons specified in subparagraphs 1 through 3.
(3) An investigator may conduct investigations under Article 48 (1) of the Act by the following methods:
1. Interview;
2. Inspection of documents;
3. On-site investigations;
4. Audio or video recording or photographing;
5. Other methods that the Minister of Health and Welfare deems particularly necessary as those similar to the methods specified in subparagraphs 1 through 4.
(4) "Extenuating circumstance specified by Presidential Decree" in the latter part of the main text of Article 48 (2) of the Act, means any of the following cases: Provided, That the cases falling under subparagraphs 2 and 3 shall be limited to where an investigator has requested an interview with a hospitalized or admitted person:
1. Where a measure under subparagraph 1 or 2 of Article 47 of the Infectious Disease Control and Prevention Act has been taken regarding the relevant mental medical institution, etc.;
2. Where the hospitalized or admitted person was hospitalized or isolated under subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act;
3. A doctor diagnoses and determines that it is impracticable to have an interview because the hospitalized or admitted person is unconscious or suffers from any serious disease.
(5) "Matters specified by Presidential Decree" in Article 48 (2) 4 of the Act, means verifying and supplementing the facts reported under Article 45 (2) of the Act.
CHAPTER V PETITION, EXAMINATION, ETC. FOR DISCHARGE, ETC.
 Article 26 (Organization of Mental Health Deliberation Committee)
(1) A regional or primary mental health deliberation committee under Article 53 (1) of the Act (hereinafter referred to as "mental health deliberation committee"), shall have one chairperson and one vice chairperson.
(2) The chairperson of a mental health deliberation committee shall be appointed by the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu from among public officials who are members of the committee and who are in charge of administrative affairs related to mental health, while the vice chairperson shall be elected by and from among members of the committee.
(3) In any of the following cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may remove or dismiss a member of the mental health deliberation committee from office:
1. If the member is unable to perform his/her duties due to a mental or physical disorder;
2. If the member commits an irregularity in connection with his/her duties;
3. If the member is found incompetent for the office due to dereliction of duty, indecent conduct or on any other ground;
4. If the member does not voluntarily resign from office, even though a ground exists to exclude him/her from the committee under Article 58 (1) of the Act;
5. If the member voluntarily manifests that he/she has difficulty in performing his/her duties.
 Article 27 (Operation of Mental Health Deliberation Committee)
(1) The chairperson of a mental health deliberation committee shall represent the committee and shall administer all business affairs of the committee.
(2) The vice chairperson shall assist the chairperson and shall act on behalf of the chairperson, if the chairperson is unable to perform his/her duties due to an extenuating circumstance.
(3) A majority of the members of a mental health deliberation committee shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present.
(4) The chairperson of a mental health deliberation committee shall report resolutions adopted by the committee, to the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
(5) Except as otherwise expressly provided for in Article 26 and paragraphs (1) through (4) of this Article, detailed matters necessary for organizing, operating, etc. a mental health deliberation committee shall be determined by the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
 Article 28 (Operation of Mental Health Examination Committee)
(1) A regional or primary mental health examination committee under Article 54 (1) of the Act (hereinafter referred to as "mental health examination committee"), shall have one chairperson and one vice chairperson.
(2) The vice chairperson of the relevant mental health deliberation committee shall serve as the chairperson of the mental health examination committee; while the chairperson shall be elected by and from among members of the mental health examination committee.
(3) A majority of the members of a mental health examination committee shall constitute a quorum; and any decision thereof shall require the concurring votes of at least a majority of those present.
(4) The chairperson of a mental health examination committee shall report resolutions adopted by the committee to the head of the relevant mental health deliberation committee.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), detailed matters necessary for organizing, operating, etc. a mental health examination committee, shall be determined by the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
 Article 29 (Petition for Examination for Discharge, etc. or for Improvement of Treatment)
A person who intends to petition to be discharged from a mental medical institution or a mental health sanatorium (hereinafter referred to as "discharge") or the improvement of treatment (including the appropriateness of work therapy under Article 76 of the Act) pursuant to Article 55 (1) of the Act shall file an examination petition (including a petition in the form of electronic document), stating the following matters therein, with the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu, along with the documents specified by Ordinance of the Ministry of Health and Welfare (including documents in the form of electronic document):
1. Name, address, and date of birth, of the person hospitalized or admitted to the mental medical institution, etc.;
2. Name, address, and date of birth of the legal guardian and his/her relationship with the hospitalized or admitted person (applicable only where the petitioner is the legal guardian);
3. Details and grounds for petition;
4. Name, location, and contact information of the relevant mental medical institution, etc.
 Article 30 (Petition for Review)
(1) A person who intends to petition for review under Article 60 (1) of the Act shall file a petition with the competent Mayor/Do Governor within any of the following periods: <Amended by Presidential Decree No. 30142, Oct. 22, 2019>
1. Where the petitioner was not provided an opportunity for examination during the period of examination or the extended period under Article 59 (1) or (3) of the Act: Within 14 days from the day immediately after the end of the relevant period of examination or extended period;
2. Where the petitioner protests against the results of examination under Article 59 (4) of the Act: Within 14 days from the day he/she is notified of the results of examination;
3. Where the petitioner protests against a determination to support outpatient treatment rendered under Article 64 (3) of the Act: Within 14 days from the day he/she is notified of the relevant determination to support outpatient treatment;
4. Where the petitioner protests against a determination to extend the period for supporting outpatient treatment rendered under Article 64 (8) of the Act: Within 14 days from the day he/she is notified of the relevant determination to extend the period for supporting outpatient treatment.
(2) A person who intends to petition for review under Article 60 (1) of the Act shall file a review petition (including a petition in electronic form), stating the matters specified in the subparagraphs of Article 29, with the competent Mayor/Do Governor, along with the documents specified by Ordinance of the Ministry of Health and Welfare (including documents in electronic form).
 Article 31 Deleted. <by Presidential Decree No. 30142, Oct. 22, 2019>
 Article 32 (Ex Officio Examination of Appropriateness of Hospitalization, etc.)
When a Mayor/Do Governor or the head of a Si/Gun/Gu intends to instruct related public officials and members of the relevant mental health deliberation committee to enter a mental health improvement facility to examine the treatment of a hospitalized or admitted person therein pursuant to the former part of Article 66 (2) of the Act, he/she shall give written notice to the head of the mental health improvement facility of the following matters (including electronic document), by not later than three days before the commencement of the examination: Provided, That he/she need not give prior notice if an urgent investigation is required or evidence is likely to be destroyed:
1. Date and time of examination;
2. Names, workplace, and contact information of the related persons and members of the relevant mental health deliberation committee conducting the examination;
3. Details of examination.
 Article 33 (Establishment and Operation of System for Managing Admission, Discharge, etc.)
(1) "Matters specified by Presidential Decree" in Article 67 (2) of the Act, means the following matters:
1. Personal information of a person discharged from a mental medical institution, etc., including the person's name, resident registration number, and address;
2. Information about the mental medical institution, etc. from which the person was discharged, including its name and location;
3. Date of discharge, etc. and grounds for discharge, etc.;
4. Other matters deemed particularly necessary for managing hospitalization, admission, discharge, etc. of mentally ill persons and publicly notified by the Minister of Health and Welfare as those similar to the matters specified in subparagraphs 1 through 3.
(2) "Cases specified by Presidential Decree" in Article 67 (3) of the Act, means the following cases: <Amended by Presidential Decree No. 30142, Oct. 22, 2019>
1. Where information is required for the examination or deliberation under Article 43 (6), 45 (2), 55 (1), 60 (1), 62 (2), 64 (3), or 66 (2) of the Act;
2. Where information is required for the medical examination under Article 43 (4) or (6), 44 (6), or 50 (4) of the Act;
3. Where documents are to be submitted in compliance with a court decision;
4. Other cases specified by Ordinance of the Ministry of Health and Welfare for managing hospitalization, admission, discharge, etc. of mentally ill persons, etc. as those similar to the matters specified in subparagraphs 1 through 3.
 Article 34 (Entrustment of Affairs Related to System for Managing Hospitalization, Admission, Discharge, etc.)
(1) Pursuant to Article 67 (5) of the Act, the Minister of Health and Welfare may entrust the following institutions with matters concerning establishing and operating the system for managing hospitalization, discharge, etc.:
1. A national mental hospital;
2. An institution related to health and medical services among public institutions under Article 4 of the Act on the Management of Public Institutions.
(2) Where the Minister of Health and Welfare entrusts matters concerning the establishment and operation of the system for managing hospitalization, discharge, etc. pursuant to Article 67 (5) of the Act, he/she shall publish the details of the entrustment and matters concerning the trustee, etc. through the website of the Ministry of Health and Welfare.
CHAPTER VI PROTECTION OF RIGHTS, ASSISTANCE, ETC.
 Article 35 (Kinds of Special Medical Treatment, etc.)
(1) "Medical treatment specified by Presidential Decree" in the main sentence of Article 73 (1) of the Act, means the following medical treatment:
1. Surgically removing a bodily part to alleviate symptoms of a mental disease;
2. The aversive stimulus method applied for correcting symptoms of a mental disease.
(2) When a mental medical institution intends to apply special medical treatment under Article 73 (1) of the Act (hereinafter referred to as "special treatment"), it shall obtain written consent from the patient or his/her legal guardian.
 Article 36 (Organization and Operation of Council)
(1) The council under Article 73 (1) of the Act (hereinafter referred to as the "Council") shall be comprised of at least three but exceeding five members.
(2) "Persons specified by Presidential Decree as those who have expertise and experience in the improvement of mental health" in Article 73 (2) of the Act, means the following persons:
1. A mental health specialist who belongs to a mental health welfare center;
2. A person who teaches psychology, nursing science, social welfare, or social work as an assistant or higher-ranking professor in a school under Article 2 of the Higher Education Act;
3. Other persons recognized and publicly notified by the Minister of Health and Welfare, as having expertise and experience in improving mental health from among persons similar to those specified in subparagraphs 1 through 3.
(3) A resolution by the Council to apply special medical treatment to a mentally ill person pursuant to Article 73 (1) of the Act requires concurring votes of at least 2/3 of the members of the Council.
(4) When the Council resolves to apply special medical treatment to a patient pursuant to paragraph (3), the head of the relevant mental medical institution shall notify the patient and his/her legal guardian (applicable only where a legal guardian exists) of the resolution, without delay.
(5) The head of a mental medical institutions shall record minutes of meetings of the Council and shall preserver such records for three years from the date of making the records.
 Article 37 (Allocation of Expenses)
(1) The expenses that shall be borne by the State or a local government under Article 80 (1) of the Act, shall be the expenses to be borne by a mentally ill person or his/her legal guardian under the Medical Care Assistance Act and the National Health Insurance Act (hereinafter referred to as "co-payment").
(2) Notwithstanding paragraph (1), if a mentally ill person or his/her legal guardian receives subsidies for co-payments under the Public Officials’ Accident Compensation Act, the Industrial Accident Compensation Insurance Act, the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, or any other statutes or regulations, only the subsidized portion shall not be borne by the State or a local government. <Amended by Presidential Decree No. 29180, Sep. 18, 2018>
(3) The expenses incurred in hospitalization under Article 44 (4) of the Act shall be borne by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu of the relevant Special Self-Governing City, Special Self-Governing Province, or the Si/Gun/Gu (Gu refers to an autonomous Gu) where the person hospitalized is registered as a resident: Provided, That where the person hospitalized is not registered as a resident, such expenses shall be borne by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu who determines to hospitalize such person. <Newly Inserted by Presidential Decree No. 30142, Oct. 22, 2019>
 Article 38 (Delegation of Authority)
(1) Pursuant to Article 83 (1) of the Act, the Minister of Health and Welfare shall delegate administrative affairs for issuing certificates of qualification of mental health specialists under Article 17 (1) of the Act to the President of the National Center for Mental Health.
(2) Pursuant to Article 83 (1) of the Act, the Minister of Health and Welfare shall delegate administrative affairs for the guidance and supervision under Article 66 (1) of the Act (limited to guidance and supervision for diagnosis and hospitalization, including hospitalization, etc. in a mental medical institution designated by the Minister of Health and Welfare or the head of a local government under Article 44 (4) of the Act) to the head of a national mental hospital.
 Article 39 (Handling of Sensitive Information and Personally Identifiable Information)
(1) If the Minister of Health and Welfare (including the persons to whom the authority of the Minister of Health and Welfare is delegated or entrusted pursuant to Article 10, 10-3, 13, 34, or 38) or the head of a local government (including the persons to whom his/her authority is delegated or entrusted, if the relevant authority has been delegated or entrusted) deems inevitable for performing the following administrative work, he/she may handle information about health under Article 23 of the Personal Information Protection Act or any document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act: Provided, That information about health under Article 23 of the Personal Information Protection Act shall be excluded in cases of administrative work specified in subparagraphs 4 through 8: <Amended by Presidential Decree No. 29346, Dec. 11, 2018; Presidential Decree No. 29836, Jun. 11, 2019; Presidential Decree No. 30142, Oct. 22, 2019>
1. Administrative work for a fact-finding survey under Article 10 (1) of the Act;
2. Administrative work for services for improving mental health under Article 11 (2) of the Act;
3. Administrative work for establishing and operating mental health welfare centers and providing and interconnecting services for improving mental health, etc. under Article 15 (1) through (4) of the Act;
3-2. Administrative work for establishing and operating the National Center for Disaster Trauma and for supporting psychological stability and social adaptation of a patient with trauma who has suffered mental shock due to a disaster or other accidents under Article 15-2 (1) and (2) of the Act;
3-3. Administrative work for establishing and operating addiction management centers and for supporting projects related to addiction problems under Article 15-3 (1) and (2) of the Act;
4. Administrative work for conferring qualifications for mental health specialists, conducting continuing training programs, and suspending and revoking qualifications under Article 17 (1), (3), and (7) of the Act;
5. Administrative work for examining disqualifications for the opening and establishment of a mental medical institution under Article 19 (2) of the Act;
6. Administrative work for examining disqualifications for the permission for and establishment of a mental health sanatorium under Article 22 (2) and (3) of the Act;
7. Administrative work for reporting a mental health rehabilitation facility and reporting an amendment thereto under Article 26 (2) of the Act;
8. Administrative work for medical examination, request, and transportation for hospitalization under Article 44 (3), (4), (6), (7), and (9) of the Act;
9. Administrative work for verifying personal information, notifying the outcomes of verification, and requesting verification to the chief of the relevant police station under Article 51 of the Act;
10. Administrative work for deliberating, examining, and requesting investigation under Article 53 (2), (3), and (6) of the Act;
11. Administrative work for processing petitions for examination for discharge, etc. and notifying the results thereof under Articles 55 through 57 and 59 of the Act;
12. Administrative work for processing petitions for review and examinations under Article 60 of the Act;
13. Administrative work for canceling hospitalization under Article 62 of the Act;
14. Administrative work for observing the progress of temporary discharge under Article 63 of the Act;
15. Administrative work for supporting outpatient treatment, etc. under Article 64 of the Act;
16. Administrative work for guiding, supervising, and examining mental health improvement facilities and orders issued according to results thereof under Article 66 (1), (2), and (4) of the Act;
17. Administrative work for operating and managing the system for managing hospitalization, discharge, etc. under Article 67 of the Act.
(2) If a committee for the examination as to legitimacy of hospitalization or admission or an investigator deems inevitable for performing the following administrative work, the committee or the investigator may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act:
1. Administrative work for examining legitimacy of hospitalization or admission and notifying the results thereof under Article 47 of the Act;
2. Administrative work for investigations under Article 48 (1) and (2) of the Act.
(3) If the head of a mental medical institution, etc. deems inevitable for performing the following administrative work, he/she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act: <Amended by Presidential Decree No. 30142, Oct. 22, 2019>
1. Administrative work for hospitalization, admission, discharge, etc. under Article 41 of the Act;
2. Administrative work for hospitalization, admission, discharge, etc. under Article 42 of the Act;
3. Administrative work for hospitalization, admission, discharge, etc. and for petitions for examination for extending the period of hospitalization or admission under Article 43 of the Act;
4. Administrative work for hospitalization under Article 44 of the Act;
5. Administrative work for hospitalization and discharge under Article 50 of the Act;
6. Administrative work for notifying discharge, etc. under Article 52 (1) of the Act;
7. Administrative work for examination for discharge, etc. or for extending the period of hospitalization or admission under Article 62 (1) and (2) of the Act;
8. Administrative work for temporary discharge, etc. under Article 63 (1) of the Act;
9. Administrative work for petitions for supporting outpatient treatment under Article 64 (1) and (2) of the Act;
10. Administrative work for the request to search for a person who left without permission under Article 65 (1) of the Act;
11. Administrative work for registration in the system for managing hospitalization, admission, discharge, etc. under Article 67 (2) of the Act;
12. Administrative work for special treatment under Article 73 (1) of the Act.
(4) If a psychiatrist or mental health specialist deems inevitable for performing the following administrative work, he/she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act:
1. Administrative work for medical examinations under Article 43 (1), (4), and (6) of the Act;
2. Administrative work for requests for medical examination and care and medical examinations under Article 44 (1), (4), and (6) of the Act;
3. Administrative work for medical examinations under Article 50 (4) of the Act;
4. Administrative work for medical examinations under Article 62 (2) of the Act;
5. Administrative work for medical examinations under Article 63 (1) of the Act.
(5) If a member of the Council deems inevitable for performing administrative work for the determination of special medical treatment under Article 73 (1) of the Act, he/she may process information about health under Article 23 of the Personal Information Protection Act or a document containing a resident registration number, a passport number, a driver's license number, or an alien registration number under Article 19 of the Enforcement Decree of the same Act.
 Article 40 (Review of Regulation)
The Minister of Health and Welfare shall review the validity of the guidelines for the imposition of administrative fines under Article 41 and attached Table 5 once every three years from January 1, 2014 (referring to on or before January 1 of every third year) and shall take measures for improvement, etc.
CHAPTER VII PENALTY PROVISIONS
 Article 41 (Guidelines for Imposing Administrative Fines)
The guidelines for imposing administrative fines under Article 89 (1) of the Act area as prescribed in attached Table 5.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Article 2 (Transitional Measures concerning Mental Rehabilitation Facilities)
(1) The facilities established pursuant to subparagraph 2 of Article 4-2 of the former Enforcement Decree of the Mental Health Act for the sale of products made by mentally ill persons before this Decree enters into force, shall be deemed facilities for selling products under the amended provisions of subparagraph 1 of Article 16.
(2) General facilities established for mentally ill persons under subparagraph 3 of Article 4-2 of the former Enforcement Decree of the Mental Health Act shall be deemed general facilities under the amended provisions of subparagraph 3 of Article 16.
Article 3 Omitted.
Article 4 (Relationship to Other Acts and Subordinate Statutes)
A citation of the former Enforcement Decree of the Mental Health Act or any provisions thereof in any other statute in force as at the time this Act enters into force, shall be deemed a citation of this Decree or the relevant provisions of this Decree in lieu of the former provisions, if such relevant provisions exist herein.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDUM <Presidential Decree No. 29346, Dec. 11, 2018>
This Decree shall enter into force on December 13, 2018.
ADDENDUM <Presidential Decree No. 29836, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDA <Presidential Decree No. 30142, Oct. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 24, 2019: Provided, That the amended provisions of Articles 30, 31, 33, and 39 (1) 15 and (3) 9 shall enter into force on April 24, 2020.
Article 2 (Applicability to Qualification Standards for Mental Health Specialists)
The amended provisions of the "Class II" column of the annexed Table of attached Table 1 shall also apply to a person who is being trained or was trained to obtain qualifications for the Class I mental health specialist as at the time this Decree enters into force.