Last Change:

05/27/2025

Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients

Year: 1996

Type: Domestic law

Rights Category: Health, Social protection, Documentation

Description

The purpose of this Act is to contribute to improving public mental health and bettering mentally ill persons' lives as human beings by providing for matters necessary for preventing and medically treating mental diseases, rehabilitation, welfare, and guarantee of rights of mentally ill persons, and the development of an environment friendly to mental health.

Selected provisions
Article 2 - Fundamental Concepts

(1) Every citizen has the right to be protected from mental diseases.

(2) Every mentally ill person shall be guaranteed human dignity and value and has the right to optimum medical treatment.

(3) No mentally ill person shall be subject to unfair discrimination on account of mental illness.

(4) Every mentally ill minor has the right to special medical treatment, care, and education.

(5) In order to minimize the duration of hospitalization or admission of mentally ill persons (hereinafter referred to as "hospitalization or admission"), preferential consideration shall be given to medical treatment of mentally ill persons within local communities, and it shall be recommended to respect the intention of mentally ill persons in hospitalization or admission (hereinafter referred to as "voluntary hospitalization or admission").

(6) Every person hospitalized in or admitted to a mental health improvement facility has the right to enjoy a free environment maximally and the right to exchange opinions freely with others.

(7) In principle, every mentally ill person has the right to make judgments and decisions on matters regarding his or her body and property independently. In particular, the right of self-determination shall be respected so that a mentally ill person can make decisions independently with regard to his or her dwelling place, whether to consent to or reject medical services, exchange with others, whether to use welfare services, choice of the type of welfare services, etc.

(8) Every mentally ill person has the right to assistance necessary to understand matters that might have a legal or factual impact upon him or her and to express his or her intention freely.

(9) Every mentally ill person has the right to participate in the process of making a decision on any policy that affects him or her.