한일 정신장애인의 ‘입원’규정에 대한 법제적 흐름 고찰

Abstract

The purpose of this study was to examine the present status and trends of the in-patient system of mental disorder in Japan and Korea in order to improve the 'hospitalization' system for the mentally disabled through the transition process of 'hospitalization' provision from the mental health law to the mental health welfare law. Korea has enacted the 'Improvement of Mental Health and the Support for Welfare Services for Mental Patients Act' related to the mentally disabled, and Japan has adopted the 'Act on the Welfare of Mental Health and Mental Disability'. While Korea uses the legal term 'mental disease,' Japan adopts the term 'psychiatric disorder'. In the definition of the term according to the law, Korea and Japan both use the term 'mental ill person.' For the types of hospitalization, Korea classifies them as "hospitalization of person," "consent admission", "hospitalization by a guardian", "hospitalization by a local governor", "emergency hospitalization". In Japanese law, however, they are categorized as 'arbitrary admission', 'hospitalization by the head of the local government', 'medical care hospitalization', and 'emergency hospitalization'. In Japan, the "Mental Health Promotion Law" was enacted in 1950, the "Mental Health Law" in 1987, the "Mental Health Law" in 1995, which were partially amended by the Act on the Welfare of Mental Health and Mental Disabilities, but the contents are very similar.