Korean Law Demystified!

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

πŸ”΅ Administrative Admission

(ν–‰μ •μž…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

🟒 Protective Admission

(λ³΄ν˜Έμž…μ›)

  • Initiated by family members or legal guardians
  • Requires consent from two qualified guardians
  • Focuses on family responsibility and protection

2. Administrative Admission (ν–‰μ •μž…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]
        ↓
[Police or Doctor Requests Mental Health Evaluation]
        ↓
[Psychiatric Evaluation (Face-to-face)]
        ↓
[Local Government (Mayor/District Head) Reviews]
        ↓
[Decision for Administrative Admission]
        ↓
[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

⏱ Time-sensitive

  • Emergency admission may occur first
  • Must be converted to administrative admission within 72 hours

3. Protective Admission (λ³΄ν˜Έμž…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)

⚠ For foreigners, documents proving family relationships may require apostille or consular verification.


Protective Admission Flow

[Psychiatric Face-to-face Diagnosis]
        ↓
[Hospital Director Issues Admission Order]
        ↓
[Two Guardians Submit Admission Request]
        ↓
[Patient Admitted (Protective Admission)]
        ↓
[Admission Review Committee Review]
        ↓
[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

⏱ 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

μ‘κΈ‰μž…μ› μ˜λ’°μ„œ [μ˜ˆμ‹œ] – ν–‰μ •μž…μ›μ˜ 경우

Emergency Admission Request Form (Sample) – in case of administrative admission



β€» λ³Έ λ¬Έμ„œλŠ” μ œλ„ μ„€λͺ…을 μœ„ν•œ 가상 μ˜ˆμ‹œμ΄λ©°, μ‹€μ œ 사둀가 μ•„λ‹™λ‹ˆλ‹€.
β€» This document is a fictional sample for informational purposes only.




β–  신청인

Applicant

μ„±λͺ… / Name: κΉ€λ―Όμˆ˜ (Min-su Kim)

μ „ν™”λ²ˆν˜Έ / Phone: +82-10-1234-5678

μ£Όμ†Œ / Address:
μ„œμšΈνŠΉλ³„μ‹œ β—‹β—‹β—‹ κ²½μ°°μ„œ β—‹β—‹β—‹κ³Ό
β—‹β—‹β—‹ Police Station, β—‹β—‹β—‹ Division, Seoul




β–  피신청인 (ν™˜μž)

Person Subject to Emergency Admission

μ„±λͺ… / Name: Michael SCOTT

ꡭ적 / Nationality: Republic of Bora Bora

μ—¬κΆŒλ²ˆν˜Έ / Passport No.: AB1234567

μ£Όμ†Œ / Address: λΆˆμƒ (Unknown)

ν˜„μž¬ μ†Œμž¬μ§€ / Current Whereabouts: λΆˆμƒ (Unknown)




β–  증상 및 행동에 λŒ€ν•œ κ°œμš”

Summary of Symptoms and Behavior

λŒ€μƒμžλŠ” 졜근 κ·Ήλ„μ˜ λΆˆμ•ˆ, ν˜Όλž€, 망상적 사고λ₯Ό 보이고 있으며, μžμ‹  λ˜λŠ” νƒ€μΈμ—κ²Œ μœ„ν•΄λ₯Ό κ°€ν•  κ°€λŠ₯성이 λ†’λ‹€κ³  νŒλ‹¨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.

μ˜μ‚¬μ†Œν†΅μ΄ μ›ν™œν•˜μ§€ μ•Šκ³  ν˜„μ‹€ νŒλ‹¨ λŠ₯λ ₯이 ν˜„μ €νžˆ μ €ν•˜λ˜μ–΄ 있으며, 자발적으둜 μΉ˜λ£Œμ— λ™μ˜ν•˜κΈ° μ–΄λ €μš΄ μƒνƒœμž„.

Communication is significantly impaired, reality testing is markedly reduced, and voluntary consent to treatment is deemed unlikely.

이에 따라 γ€Œμ •μ‹ κ±΄κ°•μ¦μ§„ 및 μ •μ‹ μ§ˆν™˜μž λ³΅μ§€μ„œλΉ„μŠ€ 지원에 κ΄€ν•œ 법λ₯ γ€μ— κ·Όκ±°ν•˜μ—¬ μ‘κΈ‰μž…μ›μ΄ ν•„μš”ν•˜λ‹€κ³  νŒλ‹¨λ¨.

Accordingly, emergency hospitalization is considered necessary pursuant to the Mental Health Promotion and Welfare Act of the Republic of Korea.




β–  보호의무자 λ˜λŠ” 보호자

Legal Guardian or Family Member
(β€» 확인 λΆˆκ°€ μ‹œ κ³΅λž€ / Leave blank if unavailable)

μ„±λͺ… / Name: β€”

ν™˜μžμ™€μ˜ 관계 / Relationship: β€”

μ „ν™”λ²ˆν˜Έ / Phone: β€”




β–  μ‘κΈ‰μž…μ› λ™μ˜ μ˜μ‚¬

Medical Professional Consenting to Emergency Admission

μ ‘μˆ˜λ²ˆν˜Έ / Reference No.: 123456

μ†Œμ†κΈ°κ΄€ / Affiliation: β—‹β—‹ Mental Health Center

μ„±λͺ… / Name: 이지은 (Ji-eun Lee)

μ„œλͺ… / Signature: (omitted)




β–  μ‘κΈ‰μž…μ› 의뒰 κ²½μ°°κ΄€

Police Officer Requesting Emergency Admission

μ§μœ„ / Rank: Inspector

μ†Œμ† / Affiliation: β—‹β—‹ Police Station, β—‹β—‹ Substation

μ„±λͺ… / Name: κΉ€λ―Όμˆ˜ (Min-su Kim)

μ„œλͺ… / Signature: (omitted)




본인은 상기 μ‚¬μœ μ— 따라 μ‘κΈ‰μž…μ›μ„ μ˜λ’°ν•©λ‹ˆλ‹€.
I hereby request emergency hospitalization for the reasons stated above.

신청일 / Date: March 3, 2024

신청인 μ„±λͺ… / Applicant Name: κΉ€λ―Όμˆ˜ (Min-su Kim)

μ„œλͺ… / Signature: (omitted)




μ •μ‹ μ˜λ£ŒκΈ°κ΄€μ˜ μž₯ κ·€ν•˜
To the Director of the Psychiatric Medical Institution

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