Involuntary Psychiatric Admission in South Korea: A Procedural Guide
This guide explains Administrative Admission and Protective Admission
under Korean mental health law, based on official procedures of the
National Center for Mental Health.It is written for non-lawyers and non-medical readers.
1. The Two Main Types of Involuntary Admission in South Korea
π΅ Administrative Admission
(νμ μ μ)
- Initiated by local government authorities
- Used when no guardian is available or urgent public intervention is needed
- Often involves police and public mental health systems
π’ Protective Admission
(보νΈμ μ)
- Initiated by family members or legal guardians
- Requires consent from two qualified guardians
- Focuses on family responsibility and protection
2. Administrative Admission (νμ μ μ)
When is it used?
Administrative admission is used when:
- A person shows severe mental symptoms
- There is a risk of harm to self or others
- The person cannot make informed decisions
- No guardian is available, or immediate action is required
Typical situations:
- A foreigner living alone in Korea
- A person found in public places showing dangerous behavior
- Emergency cases involving police intervention
Administrative Admission Flow
[Person Identified]
β
[Police or Doctor Requests Mental Health Evaluation]
β
[Psychiatric Evaluation (Face-to-face)]
β
[Local Government (Mayor/District Head) Reviews]
β
[Decision for Administrative Admission]
β
[Admission to Designated Psychiatric Hospital]
Key Points
- Police can request evaluation if they find the person
- A psychiatric specialist must examine the person, in person
- The local government makes the legal admission decision
- Initially used for diagnosis, then may extend to treatment
β± Time-sensitive
- Emergency admission may occur first
- Must be converted to administrative admission within 72 hours
3. Protective Admission (보νΈμ μ)
When is it used?
Protective admission is used when:
- The patient has family or legal guardians
- Two guardians agree that hospitalization is necessary
- The patient refuses treatment or lacks insight
- Family seeks protection and treatment through legal means
Who Can Be a Guardian?
Under Korean law, guardians may include:
- Spouse
- Parents
- Adult children
- Siblings
- Relatives living together
(specific order and conditions apply)
β For foreigners, documents proving family relationships may require apostille or consular verification.
Protective Admission Flow
[Psychiatric Face-to-face Diagnosis]
β
[Hospital Director Issues Admission Order]
β
[Two Guardians Submit Admission Request]
β
[Patient Admitted (Protective Admission)]
β
[Admission Review Committee Review]
β
[Discharge OR Continued Admission (up to 3 months)]
Key Points
- Requires two guardian consents
- A second psychiatric evaluation is mandatory
- Admission is reviewed by an independent committee
- Continued admission requires periodic reassessment
β± Timeframe
- Hospital must report admission within 3 days
- Review determines discharge or continuation within 3 months
4. Administrative vs Protective Admission (Comparison)
| Category | Administrative Admission | Protective Admission |
|---|---|---|
| Initiated by | Local government authority | Family members or legal guardians |
| Police involvement | Common | Rare |
| Guardian required | No | Yes (two guardians) |
| Suitable for foreigners | Very common | Depends on family presence |
| Emergency use | Yes | Limited |
| Legal authority | Mayor / District Head | Hospital Director + Guardians |
| Review system | Government and medical review | Admission Review Committee |
5. Important Notes for Foreign Residents
- Language barriers do not prevent admission
- Lack of family in Korea often leads to administrative admission
- Identification may use:
- Passport
- Alien Registration Card
- Embassy assistance (if needed)
- Human rights protections apply equally to foreigners
6. In Emergency Situations
If the situation is very urgent:
- Emergency admission may occur first
- Formal administrative procedures follow shortly after
- This ensures immediate safety first, paperwork second
Involuntary Admission: Final Thought
Think of it this way:
- Administrative Admission = Public safety net
- Protective Admission = Family-led protection
μκΈμ
μ μλ’°μ [μμ] – νμ μ
μμ κ²½μ°
Emergency Admission Request Form (Sample) – in case of administrative admission
β» λ³Έ λ¬Έμλ μ λ μ€λͺ
μ μν κ°μ μμμ΄λ©°, μ€μ μ¬λ‘κ° μλλλ€.
β» This document is a fictional sample for informational purposes only.
—
β μ μ²μΈ
Applicant
μ±λͺ
/ Name: κΉλ―Όμ (Min-su Kim)
μ νλ²νΈ / Phone: +82-10-1234-5678
μ£Όμ / Address:
μμΈνΉλ³μ βββ κ²½μ°°μ βββκ³Ό
βββ Police Station, βββ Division, Seoul
—
β νΌμ μ²μΈ (νμ)
Person Subject to Emergency Admission
μ±λͺ
/ Name: Michael SCOTT
κ΅μ / Nationality: Republic of Bora Bora
μ¬κΆλ²νΈ / Passport No.: AB1234567
μ£Όμ / Address: λΆμ (Unknown)
νμ¬ μμ¬μ§ / Current Whereabouts: λΆμ (Unknown)
—
β μ¦μ λ° νλμ λν κ°μ
Summary of Symptoms and Behavior
λμμλ μ΅κ·Ό κ·Ήλμ λΆμ, νΌλ, λ§μμ μ¬κ³ λ₯Ό 보μ΄κ³ μμΌλ©°, μμ λλ νμΈμκ² μν΄λ₯Ό κ°ν κ°λ₯μ±μ΄ λλ€κ³ νλ¨λ¨.
The individual has recently exhibited severe anxiety, confusion, and delusional thinking, and is assessed to pose a high risk of harm to themselves or others.
μμ¬μν΅μ΄ μννμ§ μκ³ νμ€ νλ¨ λ₯λ ₯μ΄ νμ ν μ νλμ΄ μμΌλ©°, μλ°μ μΌλ‘ μΉλ£μ λμνκΈ° μ΄λ €μ΄ μνμ.
Communication is significantly impaired, reality testing is markedly reduced, and voluntary consent to treatment is deemed unlikely.
μ΄μ λ°λΌ γμ μ 건κ°μ¦μ§ λ° μ μ μ§νμ 볡μ§μλΉμ€ μ§μμ κ΄ν λ²λ₯ γμ κ·Όκ±°νμ¬ μκΈμ
μμ΄ νμνλ€κ³ νλ¨λ¨.
Accordingly, emergency hospitalization is considered necessary pursuant to the Mental Health Promotion and Welfare Act of the Republic of Korea.
—
β 보νΈμ무μ λλ 보νΈμ
Legal Guardian or Family Member
(β» νμΈ λΆκ° μ 곡λ / Leave blank if unavailable)
μ±λͺ
/ Name: β
νμμμ κ΄κ³ / Relationship: β
μ νλ²νΈ / Phone: β
—
β μκΈμ
μ λμ μμ¬
Medical Professional Consenting to Emergency Admission
μ μλ²νΈ / Reference No.: 123456
μμκΈ°κ΄ / Affiliation: ββ Mental Health Center
μ±λͺ
/ Name: μ΄μ§μ (Ji-eun Lee)
μλͺ
/ Signature: (omitted)
—
β μκΈμ
μ μλ’° κ²½μ°°κ΄
Police Officer Requesting Emergency Admission
μ§μ / Rank: Inspector
μμ / Affiliation: ββ Police Station, ββ Substation
μ±λͺ
/ Name: κΉλ―Όμ (Min-su Kim)
μλͺ
/ Signature: (omitted)
—
λ³ΈμΈμ μκΈ° μ¬μ μ λ°λΌ μκΈμ
μμ μλ’°ν©λλ€.
I hereby request emergency hospitalization for the reasons stated above.
μ μ²μΌ / Date: March 3, 2024
μ μ²μΈ μ±λͺ
/ Applicant Name: κΉλ―Όμ (Min-su Kim)
μλͺ
/ Signature: (omitted)
—
μ μ μλ£κΈ°κ΄μ μ₯ κ·ν
To the Director of the Psychiatric Medical Institution
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