정신보건법과 정신장애인의 인권

The Mental Health Law and the Human Rights of Persons with Mental Disorders

&nbsp;&nbsp;This article deals with (1) The Mental Health Law and (2) Human Rights of Persons with Mental Disorders.<BR>&nbsp;&nbsp;The various mental patients are increasing gradually who don&quot;t adapt themselves to new sense of value out of the development of industrial society. These people occasionally commit shocking crimes such as murder and arson in the mental process beyond our comprehension<BR>&nbsp;&nbsp;There are many difficulties in the constitution of the mental health act and cure custody act. Because from the beginning, both the human rights of the psychiatric patients, as well as the protection of civilians from the risk of the unpredictable and impulsive behavior of such patients had to be considered.<BR>&nbsp;&nbsp;Compulsive hospitalization of persons mental disorder should be due process of law and, after seperation, their human rights should be respected. So, the direction of mental health care should be defined as "establishment of due process of law and respect of human rights", and "from hospitalization to cummunity mental health care".<BR>&nbsp;&nbsp;In this study, current law and practice relating to mental disorder in Korea are reviewed and international standards and foreign laws are also examined, and finally, several improvement measures of persons of persons of mental disorder are suggested.<BR>&nbsp;&nbsp;And for persons with mental disorder who did not commit crime, ① es-tablisgment of due process of law in the course of hospitalization and leaving hospital, ② protection of rights and improvement of treatment for hospitalized persons mental disorder, ③ strengthening welfare character in the mental health law ④ establisment of community mental health care system are suggested.