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KMID : 0986720170250020027
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Korean Journal of Medicine and Law
2017 Volume.25 No. 2 p.27 ~ p.42
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Legal Considerations on A Mentally Ill Person as Grounds for Disqualification of Medical Person with Full Revision of Mental Service Act
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Lee Se-Gyung
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Abstract
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Mental Health Act was amended to Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients.
With the change of the name of the Act, the former Act are improved for human rights related to the admission of a mentally ill person and the definition of a mentally ill person is changed from ‘a patient suffering from mental illness (including an organic mental disorder), personality disorder, alcohol and drug addictions, and other non-psychopathic mental disorders’ to ‘a person who suffers serious restraints in conducting daily activities independently due to delusion, hallucination, a disorder in thought or mood, or any other cause.’
This amendment influences powerfully the other medical laws, because a ground for disqualification of the medical practitioner are based on the subparagraph. So the provision in the following is added to the new Act. “Notwithstanding the amended provisions of subparagraph 1 of Article 3, subparagraph 1 of Article 3 of the former Mental Health Act shall apply to the provisions of Medical Service Act”
However, the application of the former Act should be ended as soon as possible to realize the legislative purpose of the new Act and to protect the freedom of occupation and the right to health,
Therefore, I will review the definition of a mentally ill person and consider the directions of improving subparagraph on a mentally ill person as a ground for disqualification of the medical practitioner in Medical Service Act.
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KEYWORD
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Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, A Mentally Ill Person, Grounds for Disqualification, Medical Service Act, Mental Health Act
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