비자의입원 절차의 정신질환자를 위한 절차지원제도 도입에 관하여

초록

Respect to human rights of persons with mental illness, who are subject to involuntary admission and treatment, is indispensable not only for justification of deprivation and restriction of their liberty, but also for enhancing the treatment effect. There should be various kinds of safeguard against violation of their human rights, especially because involuntary admission and involuntary treatment in Korea are made by administrative acts rather than judicial decisions. On the other hand, as the legal requirements for involuntary admission have become stricter, and the rates of voluntary admission have become increasing, so there has arisen some doubt that patients voluntarily accepted admission for treatments, because many psychiatric hospitals are still un as isolated facilities. For the cases where adults with mental illness for whom close relatives cannot properly care should be admitted to psychiatric hospitals for treatments, irrespective of involuntarily or voluntarily, there should be some safeguard against violation of their human rights whereby their decision making in relation to admission and treatments can be supported. This paper criticizes current system of relatives or guardian with protection duty in that the protection duty imposed on them by public law is incompatible with their civil law duty, and that the discharge of public law duty can cannot be compensated. Based on such arguments, this paper suggest that protector system, which does not impose any additional public duty on protectors, and independent advocacy system as admission and treatment procedure assistance system should be introduced.

키워드