정신질환형 범죄 대응을 위한 사법입원제도 도입 가능성

Abstract

The incidence of violent crimes with unclear motives is on the rise. Crimes classified as “abnormal motive crimes,” or “motiveless crimes,” are particularly concerning due to their unpredictability and the severe psychological and emotional impact they have on the public. Among the various causes of these crimes, mental illness stands out as a factor that can be identified and addressed by both the criminal and non-criminal justice systems. Unlike other types of crimes, where preemptive measures are often difficult to implement, mental illness–related crimes present an opportunity for proactive intervention, especially when the individual poses a high risk of self-harm or harm to others, despite not having committed a crime yet. Therefore, this paper explores the possibility of introducing a “Judicial hospitalization” or “Involuntary civil commitment” as a response to the high-risk behavior of individuals with severe mental illness. This system involves the involuntary hospitalization of high-risk individuals by a judge or a mental health tribunal thereby ensuring both the restriction of fundamental rights and the enhancement of fairness in the process. This study specifically discusses the feasibility of adopting models from the UK and Australia, where mental health tribunals is responsible for involuntary commitment, and examines the necessary steps to implement such a system in South Korea. The paper suggests that the response to high-risk individuals with severe mental illness should shift toward a government-led care model, requiring adjustments in medical reimbursement rates and improvements in human and material resources within the judicial system. By establishing a system in which a mental health tribunal decides on hospitalization, treatment, and discharge, existing institutions such as the Committee for the Appropriateness of Hospitalization and the Establishment and Operation of Mental Health Deliberation Committee can be effectively utilized, thereby clarifying responsibilities and streamlining processes.