The Korean Constitution 10 declares the human dignity and value, and the protection of the fundamental human rights. The mentally disordered offenders cannot be punished by reason of criminal incapacity in Criminal Code 10, and is to be
hospitalized
under the Social Protection Act enacted on December 18,1980. Furthermore the mental health act is required to be enacted in order to take measures for the mentally ill persons dangerous to himself or others. The Ministry of Health and Social
Welfare
laid the proposal of Mental Health Act before the House in 1992.
The psychitric treatment has been distrusted during the past 20 years, but I believe that such difficulty can be surmounted if we make constant efforts for the improvemant of treatment method, And the true psychiatric treatment should be oriented
to
guarantee human rights. It is desirable that the mental healti act be administered only for the treatment and care of the mentally ill, not for the criminal policy, Compulory detention should be provided exceptionally by the principle of least
restriction doctrines. The mental health act should provide sufficiently substantive and procedural safeguards for mental patients' rights so that it could function as the bill of rights for the mentally ill. And the treatment of the mentally
disordered
offenders can be dealt with by the Social Protection Act at the moment.
The International Covenant on Civil and Social Political Rights signed by our government should be the Social Protection Act and the enactment of Mental Health Act. Both the actual situation of the mentally ill or handicapped and the attitude of
society
towards them were regarded as indicators of the general developmental stage of society.
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