이탈리아의 강제입원제도

Abstract

In September 2016, the Constitutional Court issued an unconstitutional ruling on the compulsory admission provisions of Article 24 of the Mental Health Act in the unanimous agreement of the judges. Prior to this, in May 2016, the National Assembly revised the Mental Health Act enacted in 1995 and amended it to the new Mental Health Welfare Act. The Mental Health Welfare Act focuses on the improvement of hospitalization by a guardian in Article 24, which was the most problematic regulations in the previous Mental Health Act. Compulsory admission and forced treatment of persons with mental illness constitute a serious violation of individual fundamental rights. Therefore, there shall be a need for careful consideration of the legal basis for allowing such infringement. However, there are not many legal studies on the forced admission system of mental patients in Korea. Therefore, I think it is necessary to look at foreign cases and get implications out from the cases. The purpose of this article is to introduce Italy's case where abolished mental hospitals and strictly restricts focused admission. In the following, it introduces the overview and actual condition of the compulsory admission system in Italy, the contents of related laws and guidelines. In the conclusion, I review the the compulsory admission system in Italy, and come out with some meaningful implications in Korean forced admission system and policies.