메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

The Changes and Implications in Korean Mental Health Act
Recommendations
Search

한국 정신보건법의 변화와 그 의미

논문 기본 정보

Type
Academic journal
Author
Shin Kwonchul (서울시립대학교)
Journal
경희대학교 법학연구소 경희법학 경희법학 제52권 제3호 KCI Accredited Journals
Published
2017.1
Pages
171 - 210 (40page)

Usage

cover
The Changes and Implications in Korean Mental Health Act
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
The Mental Health Act 1995 is revised completely in 2016. The name of the Act is changed to Act on the Improvement Of Mental Health and the Support for Welfare Services for Mental Patients(hereinafter referred to as “the Act”). The core of the Act is involuntary admission. The article 24 in the Mental Health Act 1995 which stipulated involuntary admission by the nearest relatives and the mental health hospital directors was unconstitutional(unconformable to constitution) in September 2016. The article 24 in the Mental Health Act 1995 is revised to be the article 43 in the Act, which provides that involuntary admission by the nearest relatives and the mental health hospital directors is strictly restricted. The Mental Health and Welfare Act needs to improve the review bodies of involuntary admission. The review bodies in the Act is insufficient for independence and neutrality. The review bodies are in fact not judicial bodies but medical bodies and the review method is by document, not in face to face. The constitution and review method of the bodies is inconsistent with international rules of UN MI Principles and CRPD and it is outdated. This article surveys the history of involuntary admission through extension of space and time. The Mental Health Act 1995 in Korea originated in the France act concerning the insane 1838. In the 20th century, involuntary admission of mental health law succeeded the vagrancy law and lunacy law in Europe. The purpose of Involuntary admission was for public safety based on police power in the first half if 20th century and since that time its purpose focuses on treatment and welfare of the Mentally ill based on parens patriae power. Legal nature of the Mental Health Act 1995 in Korea was police law and involuntary admission is security measures of the potential mentally disordered offender. but the Mental Health and Welfare Act is for the welfare and human dignity of the mentally ill. This change in the goal of the Act is due to the participation of the mentally ill organizations and advocacy groups in the legislation process. The Act provides that the mentally ill have the self-determination right explicitly and have right to be heard implicitly on the demand of the participants in legislation.
#Mental Health Act #Mental Health and Welfare Act #involuntary admission #involuntary treatment #Convention on the Rights of Persons with Disabilities #self-determination right #judicial admission #right to be heard

Contents

No content found

References (37)

Add References
미셸푸코 / 2003 / 광기의 역사 / 나남 google schola 법무부 / 2015 / 2015년 범죄백서 google schola 보건복지부 / 2015 / 2015 국가 정신건강현황 예비조사 결과보고서 google schola 보건복지부 / 2016 / 2016 국가 정신건강현황 2차 예비조사 결과보고서 google schola 보건복지부 / 2016 / 2016 정신건강 종합대책 / 국가정책조정회의 자료집 google schola

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Recently viewed articles

A Study on Determinants of Growth of Internet Shopping Malls
SungHee Park, SeungHee Yoon, KyungMin ParkYonsei Business Research Institute2010.07
 A Study on the Development of a Plastic Floater for Solar Power Plant
K.S. Jeong, J.Y. Jang, I.J. Jung 외 2명The Korean Society of Mechanical Engineers2020.07
 Development of purity analysis method of HFC-134a by gas chromatography
김명자, 문동민, 이진복 외 3명The Korean Society of Analytical Sciences2016.11

Comments(0)

0

Write first comments.