Types of psychiatric admission under Korea's Mental Health Welfare Act

What is the Mental Health Welfare Act?

Its full name is the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, in effect since May 2017. It sets strict conditions for admission against a person's will and lays out procedures to protect the rights of people who are admitted.

Its basic principle is that voluntary admission comes first. Even when admission is needed, the person's consent should be sought wherever possible.

1. Voluntary admission

The person applies for admission themselves. If they ask to be discharged, the hospital must discharge them without delay, and the hospital must regularly check whether they wish to stay.

2. Consent-based admission

The person is admitted with the consent of a legal guardian (such as a family member). They can leave when they want, but if the guardian does not agree, discharge can be delayed by up to 72 hours — only if a psychiatrist judges that treatment is needed.

3. Admission at the request of guardians

The person is admitted without their consent at the request of two legal guardians (or one, if there is only one). Both of the following conditions must be met:

• A mental illness serious enough to need inpatient treatment
• A risk of harming themselves or others

First, a diagnostic admission of up to two weeks takes place; continued admission requires matching opinions from at least two psychiatrists working at different hospitals. An admission review committee then checks whether the admission is appropriate, and any extension requires another review.

4. Administrative admission (by the head of a local government)

A psychiatrist or mental health professional who finds a person suspected of being at risk of harming themselves or others because of mental illness can ask the head of the local government for diagnosis and protection; police officers can also make this request. It allows people to receive treatment even if they have no family, or their family cannot apply.

5. Emergency admission

In an urgent situation with a serious risk of harm to self or others, the person can be referred for admission with the consent of a doctor and a police officer. Emergency admission is limited to three days (excluding public holidays), within which the person must be discharged or moved to another type of admission.

Rights of people who are admitted

Whatever the type of admission, the person is guaranteed a range of rights. See "Patient rights and medical confidentiality in Korea" for details.

This article is general information, not legal advice. In a real situation, contact the hospital, a community mental health welfare center, or the Korea Legal Aid Corporation (132). Procedures may change with legal amendments, so check the latest text at the Korea Law Information Center.