정신질환자의 비자의입원에 대한 검토

Abstract

According to the <Mental Health Act>, two types of non-voluntary admission may be allowed. One is non-voluntary admission based on the requests of the patient’s protector, including family members. The other is non-voluntary admission based on the requests of the major, the country headman, or the district leader. Considering the purposes of the Act, to cure and rehabilitate the patient, they are not appropriate provisions. Psychiatric treatment is also a kind of medical practice. So general principles that are required in medical treatment also required in psychiatric treatment. If that is true, informed consent is also required in psychiatric treatment. If the patient is competent and he/she refuses to treat, doctor can not do medical practice. Non-voluntary admission of psychiatric patient is allowed only when the patient has not the competency to consent. If the psychiatric patient has not competency to consent and the admission is required for the patient, substituted decision may be allowed. In that case, the person who makes decision for the patient should consider the patient’s will and what is the best way for the patient. For protect the psychiatric patient, the guardian who has the general power to decide should make decision for the patient. And the guardian’s substituted decision should be examined by the court. For examining the guardian’s decision, an authoritative committee which is regulated by the court. Mentally ill patient is not a special person or risky person. Everybody may be suffered from the metal illness. They should be treated as other patient who are suffered by illness. They also have the natural rights and their rights should be protected.