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Critical Review on the Mental Health and Welfare Act related to the Schizophrenia Spectrum Disorder

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(2), pp.31-57
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 20, 2020
  • Accepted : February 19, 2020
  • Published : May 31, 2020

Hwang Jung Hoon 1

1호서대학교

Candidate

ABSTRACT

Violations of Article 24, Paragraph 1 of the Mental Health Act prescribed in relation to the forced hospitalization of people with schizophrenia, in cases where violent crimes by patients with schizophrenia spectrum disorders have increased rapidly and social anxiety has increased. In the proposed case, the decision to constitutional inconsistency was sentenced because the basic rights were excessively limited by not preparing appropriate measures to minimize the infringement of the body of persons with mental illness. In the revised Mental Health and Welfare Act, mentally ill people were defined as 'persons who have serious limitations in their daily lives independently,' defined as severe mental illness, and added welfare services to mentally ill patients. The revised law allows for forced hospitalization in cases where there is a degree of illness that requires treatment for hospitalization and the need to be hospitalized for the safety of others or for the safety of others. There is a problem of increasing the duration untreated period (DUP). According to the 「Mental Health and Welfare Act」, patients who have been previously hospitalized and who have to be treated are not able to recover completely. It has the potential to violate the right to treatment. In order to reduce DUP for schizophrenia spectrum disorders in which early treatment is important, it is necessary to establish a comprehensive mental health management system such as promotion of mental health and budget allocation. The mental rehabilitation facilities in the community to support the mentally ill are difficult to accommodate even the existing patients, and the reality is that the new patients are inadequate. Also, the educational infrastructure for returning to society is poor. A system that connects and coordinates mentally ill people returning to the community with the community infrastructure should be established.

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