The Korean government has tried to enact a Korean Mental health Act (KMHA) since 1985. In 1985, the Ministry of health and Welfare constructed a draft and submitted it to the house, but it was not passed. In 1992, the Ministry formed a new draft
and
submitted it to the House, but several members of the opposition (Democratic) party wrote and submitted their own separate draft. Finally, at the last session of the National Assembly a compromise proposal was passed by the House. The KHMA
consists
of
six chapters, 61 sections and various supplementary provisions.
The objectives of the KMHA are "to promote the mental health of the nation and to define the procedures for the prevention of mental illness and the treatment and rehabilitation of mentally ill persons." Mental health facilities are classified as
medical facilities for mental patients (i.e. psychiatric hospitals, psychiatry department of general hospitals, small psychiatric clinics and mental health sanatoriums) or psychiatric social rehabilitation centers.
The act describes five modes of patient hospitalization: (1) voluntary hospitalization; (2) hospitalization with guardian's consent (six months); (3) hospitalization for evaluation 914 days); (4) admission by order of the governor of the
prefecture
(three months); and (5) emergency admission (71 hours). The main criteria for hospitalization are a patient's: (1) need for treatment; (2) possibility of suicide; and (3) harmful behavior toward others. For involuntary hospitalization , the act
requires
certification from two doctors.
A central (national) and provincial mental health review board should be organized in order to: (1) advise national and provincial mental health policy; (2( review appeals for hospital discharge and batter treatment environment from hospitalized
patients; (3)make decisions regarding patient hospitalization and discharge in cases of disagreement and (4) oversee and supervise mental health facilities.
Although Korean national medical law prohibits non-medical persons from providing medical care, the KMHA allows various mental health professionals (i.e. clinical psychologists, psychiatric social workers and psychiatric nurses) to take part in
the
rehabilitation treatment of the mentally ill.
The penalty for the unlawful restraint and neglect of psychiatric patients is five years imprisonment.
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