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Death by 124-hour Continuous Restraint in Mental Health Institution [2006] KRNHRC 14 (1 June 2006)

Three complainants, including "Park," filed complaints against the president of "F"
Hospital located in "J" city, Gyeonggi-do on four separate occasions beginning in
November of 2005 and continuing to June of 2006. The complaints called for
investigation into harsh seclusion and restraint in a mental hospital, unjust forced
hospitalization, interference with filing complaints, excessive restrictions on freedom
of movement, and unreasonable operational treatment.

The "Seclusion and Restraint Guidelines" of the Ministry of Health and Welfare
stipulate principles in detail, including "frequent checks on the conditions of patients,
allowing patients to go to the restroom every two hours, supplying beverages, and in
particular, allowing sufficient limb movement." However, the Commission's
investigation found that during the victim's hospitalization period (April 13 - December
9, 2005), "F" Hospital secluded or restrained one victim over 16 times on the ground of
refusal to take medicine. During the last session, restraint continued for as many as 124
hours without given movement, leading to the patient's death.

The Commission also found that "F" Hospital arbitrarily processed complaints and
did not fully include details of complaints that victim intended to submit to the
Commission. Furthermore, "F" Hospital did not give written notification of the results
of continuous hospitalization for forcibly hospitalized patients, seriously violating the
Mental Health Act.

The Commission recommended that the respondent be indicted by the Prosecutor
General, and recommended that the Minister of Health and Welfare revise the Mental
Health Act to define clearly the standards for "restraint" and penal provisions at an
early date. The Commission also requested the president of Lawyers for a Democratic
Society to provide legal aid to assist the bereaved family of victim "Lee" in receiving
legal assistance for a lawsuit. The Commission also recommended that the president of
"F" Hospital take necessary measures to correct the infringement of human rights, in
violation of the Mental Health Act.