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Recommendation to Improve Situation Relating to Violation of Freedom of Personal Liberty of Inmates of Mental Hospital [2004] KRNHRC 17 (1 January 2004)

A complaint against a mental hospital was filed with the Commission. The complainant
claimed that the mental hospital neglected its patients by making the same counseling
reports on all charts of its patients, and did not give examinations for continued admission
to the hospital by processing admission to and discharge from the hospital on documentation
only for patients who had been hospitalized for more than ten years.

The results of the investigation revealed that the respondent did not discharge those
patients hospitalized for more than ten years from the hospital despite being ordered by the
Mental Health Review Commission to do so. Instead, the respondent processed admissions
and discharges only on documentation. The Commission concluded that the respondent
violated paragraphs 3 and 4, Article 24 of the Mental Health Act, the right to pursue
happiness under Article 10 and personal liberty under Article 12 of the Constitution, and
accused the respondent thereof.