KMID : 0368820180570010043
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Journal of the Korean Neuropsychiatr Association 2018 Volume.57 No. 1 p.43 ~ p.51
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Contemplation of Legal Criteria of Psychiatric Compulsory Admission: Including an Introduction of US Case Which Can be Referred to the Assessment of the Appropriateness of Hospitalization in Korea
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Kim Hye-Soo
Ahn Yong-Min Park Jong-Ik
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Abstract
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The Korean Mental Health Act has been radically reformed recently in order to improve psychiatric patients' human rights by regulating the compulsory admission process. However, the expert group brought up questions about difficulties in practice and incoherence in its philosophy before the Act was implemented. There are already discussions concerning the next revision of the Act. In such a situation, lessons can be learned from the experiences of other countries. Articles on psychiatric compulsory admission were comprehensively reviewed with the focus on legal criteria, and found that current trends worldwide include a move towards broad diagnostic criteria, use of capacity and treatability test, and treatment in the interest of health rather than safety. In addition, we introduce the Whittington scale, an assessment tool for the appropriateness of hospitalization used in the Connecticut Mental Health Center, US, as a reference for the similar procedure being implemented soon in Korea.
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KEYWORD
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Compulsory admission, Legal criteria, Psychiatric diagnosis, Dangerousness, Need for treatment, Decision-making capacity, Appropriateness of hospitalization, The Whittington scale
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