대한민국 법령에 나타난 정신질환에 대한 차별 조항 및 그 개선에 관한 연구

Abstract

Objectives：The review of Korean legislative system may contribute to minimize the stigma and prejudice related to mental illness. We tried to search and revise the sentences that dicriminate against the mentally ill or are incompatible to contemporary concept of psychiatry in all Korean laws. Methods：While screening 5,626 laws which were promulgated till August 30th, 2002, we singled out the statutes including the stigma and prejudice related to mental illness in the homepage of the Ministry of Legislation. Results：There were thirty-nine statutes discriminating against mental disorder. The number of statutes related to confering the certificate was 23. Nine laws stipulated to violate the right of psychiatric patients. Seven miscellaneous ones were judged for further evaluation. The most frequent terms used in legislation were ‘mental illness’ and ‘psychosis’. ‘Odd persons’, ‘impairment in mental function’, and ‘schizophrenia’ followed in decreasing orders. Two delphi survey leaded to a tentative conclusion that terminology of ‘psychosis’ should be replaced by ‘psychotic disorder with impaired reality testing’. Most of experts recommended to delete unnecessary clauses of laws to reduce misunderstanding about mentally ill. Conclusion：There exists the terms and expressions stipulating discrimination against mentally ill in Korean legislation. It is an urgent issue to revise the laws with experts’ opinions in order to reduce prejudice and discrimination against mentally ill. (J Korean Neuropsychiatr Assoc 2004;43(2):237-241)