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KMID : 0986720170250010007
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Korean Journal of Medicine and Law
2017 Volume.25 No. 1 p.7 ~ p.26
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Major Contents of Revised Mental Health Act and Future Tasks
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Choi Haeng-Sik
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Abstract
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On May 29, 2016, the entire 「Mental Health Act」 was revised and retitled as the 「Act on Mental Health Promotion and Mental Patient Welfare Service Support」, which will be enforced from May 30, 2017.
The overall revision of the Mental Health Act began in earnest as its contradiction to UN’s Convention on the Rights of Persons with Disabilities emerged as important issue. Emphasis has been put on the need for proposing more objective and detailed judgment to improve problems relating to the current requirements of and limitations on the involuntary treatment of mental patients, and related laws have been revised, accordingly.
Today’s Korea shows the highest suicide rate among OECD nations alongside enormous social stresses and politically difficult situations, and the issue of national mental health reached a serious level.
Countries around the world have revised laws related with mental patients in order to establish very strong policies to promote mental health and rewarded with results and actual effects. While Korean government announced a comprehensive measures for mental health although rather late and prepared a new mental health law which will be enforced soon, it would be meaningful to re-examine the Mental Health Act which was revised in its entirety.
This study examined the establishment and revision of the Mental Health Act and reviewed the revised law centering on the involuntary admission system which had produced many controversies, particularly the hospitalization by the person responsible for protective custody or care. This study followed by the review of the major contents of the mental health law entirely revised in May 2016 and reviewed the meaning of the revised law alongside the comments on future tasks.
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KEYWORD
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Mental Health Act, Mental Health, Mental Patient, Involuntary Admission, Person Responsible for Protective Custody or Care
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