행정입원의 실체적 절차적 주요 사안에 대한 법적 정신의학적 고찰

• 영문명: Legal and Psychiatric Consideration on Major Substantive and Procedural Issues of Administrative Hospitalization
• 발행기관: 대한신경정신의학회
• 저자명: 황태영
• 간행물 정보: 『신경정신의학』제63권 제4호, 218~224쪽, 전체 7쪽
• 주제분류: 의약학 > 정신과학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

For the proper operation of administrative hospitalization, this study examined the improvements of administrative hospitalization through an in-depth review of major substantive and procedural issues of administrative hospitalization, one of the involuntary hospitalizations under the current Mental Health Welfare Act. Although administrative hospitalization restricts the freedom of people with mental illnesses to a level comparable to personal restraint and the principles of limiting fundamental rights under the constitution must be strictly observed, the unconstitutionality of the current administrative hospitalization system has not been completely resolved. In addition, the practical understanding of the legal nature of the affairs of administrative hospitalization, the legal nature of the right to apply for diagnosis and protection, the limitations of police administration based on the right to request, and the criteria of risk of harm to self or others in administrative hospitalization may contribute to the human rights-based legitimate implementation of administrative hospitalization. Furthermore, the requirement of obviousness should be revised in terms of specific content and timing of application because of the ambiguity and illogical issues of the notion of obviousness related to the requirement for the release of administrative hospitalization. Finally, a public transfer system must be established to support the administrative hospitalization procedure and improve the administrative hospitalization system within the constitutional order of the Republic of Korea by reflecting the legislative provisions in alignment with the international human rights framework.

목차

서 론

현행 행정입원제도의 합헌성(constitutionality)

행정입원의 실체적 절차적 요건

행정입원 해제의 요건과 명백성(obviousness)

행정입원제도의 개선 방향

결 론

REFERENCES

키워드

Mental health welfare act Administrative hospitalization Constitutionality Human rights 정신건강복지법 행정입원 합헌성 인권