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South Korea’s court challenges guardian-initiated admission
Constitutional Court found the provision unconstitutional; 2017 law revision
Read each occurrence in context. Evidence labels below are the labels recorded by the source edition; importing a row does not independently verify it.
Account 1
Worldwide register by region (Batch 2) · Batch 2
- Country / period
- South Korea, 2016
- Mechanism
- Guardian-initiated involuntary admission (Mental Health Act art. 24)
- What is documented
- Constitutional Court found the provision unconstitutional; 2017 law revision
- Finding or status
- Judicial finding
- Contrary evidence / limits
- Verify date and holding
- Label
- LEAD
Account 2
Worldwide register by region (Batch 2) · Batch 3
- Country / period
- South Korea, 29 Sep 2016 (2014헌가9)
- Mechanism
- Guardian-initiated commitment (구 정신보건법 §24: two guardians' consent plus one psychiatrist's diagnosis)
- What is documented
- Applicant committed Nov 2013 on her two children's consent; the Court noted guardians could collude with a psychiatrist, that this "often occurred and became a social problem," and that private "emergency transport" firms kidnapped and assaulted people
- Finding or status
- JUDICIAL FINDING: unanimous nonconformity ruling; 2016–17 law revision adds dual diagnosis, two-week diagnostic admission and admission-suitability review within one month (Medigate News, 29 Sep 2016, Korean; PSPD commentary, Korean; Ministry statement 2016, Korean)
- Limits
- Reform law kept a family-initiated route (§43); 69,220 guardian admissions in 2016 per one study
- Label
- VERIFIED (local-language)
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Reference and provenance
2016-KR-CONSTITUTIONAL