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Complaints against, and ex officio investigation into Mandeok Bogeum Hospital [2003] KRNHRC 38 (9 May 2003)

(a) Background of investigation
A complaint against the respondent, whose name was Social Welfare Corporation
Hanseo Christian Foundation Mandeok Bogeum Hospital (hereinafter referred to
as "Mandeok Bogeum Hospital"), alleging that the Hospital committed patients
having no relatives to the closed ward with the purpose of taking medical
treatment fee unfairly from the government, even though it was not necessary
to commit them there. Upon obtaining this information, the Subcommittee for
Investigation of Human Rights Violation decided on May 9, 2003 to investigate
ex officio all patients admitted to the Hospital on whether there was any violation
of human rights. According to the decision above, the Commission conducted
inquiries into all patients admitted to the Hospital during a period of four
months regarding whether they were committed by force and whether there
was any violation of human rights during the period they were admitted. The
Commission also conducted research in connection with the commitment of
patients having no relative to a mental hospital regarding whether there was any
statute, system or customary practice that possibly violated human rights.

(b) Outcome of Investigation
The Commission discovered that there was violation of fundamental rights
such as violation of freedom of physical activity and violation of freedom of
communication, and that there were problems in statutes, system and customary
practice such the necessity of amendment to the "Mental Health Act, the local
judgment committees for mental health operated only for formality's sake, and
wrongful customary practice of the police in transferring the patients having no
relative.
Main examples of fundamental rights violation were
(1) the case where a patient with no relatives was admitted to a hospital, but
his custodian appeared later and demanded to discharge the patient. However,
the custodian's demand was denied and the patient was committed to the hospital;
(2) the case where a patient was transferred to another mental institution against
the patient's desire;
(3) the case where nurses listened in to the conversations patients had
over the phone and made and kept a record of the contents of telephone
conversations;
(4) the case where freedom of communication was violated by limitation in calling,
inspection of letters, prohibition of possessing stationary;
(5) the case where an admitted patient was dealt with by his alias only for
administrative convenience purpose, even though he informed them of his real
name; and
(6) the cases where the patients' dignity as human being and the
right to pursue happiness were violated by violation of standard for facilities
and manpower as prescribed under the "Mental Health Act."

Among wrong statutes, systems and customary practices, there were
(1) the customary practice by which police officers transferred patients having no
relative to a mental institution by making a discretionary judgment on whether
a patient suffered a mental disease in taking a protective measure;
(2) the problem that the local judgment committees for mental health, which were
established as the institutions for human rights protection for mental patients,
were run only for formality's sake due to shortage of manpower and other
reasons; and
(3) the problem that the complaint boxes were not installed, although the Commission
Act required them to install the boxes for filing complaints with the Commission.

(c) Outcome of Decision
Upon discovering the facts as above, the Commission filed criminal complaints
with the Prosecutor General against the former head of Mandeok Bogeum
Hospital on the charges of false imprisonment and violation of Articles 55(2),
24(6), 56(4) and 45 of the Mental Health Act, and against the staff who was
accountable for administrative affairs in connection with admission and
discharge of the patients having no relative on the charges of violation of Article
55(2) and 24(6) of the Mental Health Act.

The Commission also issued a recommendation to the respondent Mandeok
Bogeum Hospital, the Minister of Health and Welfare and the Mayor of Busan
Metropolitan City as the administrative entities responsible for supervision of the
respondent and the head of National Police Agency as the government agency
concerned.