|
KMID : 1234820180190020099
|
|
Korean Society of Law and Medicine
2018 Volume.19 No. 2 p.99 ~ p.137
|
|
|
A Reform Proposal of Involuntary Commitment Law Under the Revised Mental Health Act of 2016 -as well as of Article 947-2 (2) of Civil Code-
|
|
Lee Dong-Jin
|
|
|
Abstract
|
|
|
|
Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian’s commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.
|
|
|
KEYWORD
|
|
|
Mental Health Act, involuntary commitment, the responsible person to protect the mentally ill, article 947-2 (2) of Civil Code
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|