Patient rights and medical confidentiality in Korea

The right to be informed at admission

At admission, the hospital must tell the person the type of admission, the reasons for it, how to request discharge, and their other rights. If anything is hard to understand, you can ask for it to be explained again.

Rights during admission

• Freedom of communication and visits: phone calls, letters, and visits are free in principle; any restriction for treatment reasons must be minimal and the reason recorded.
• Limits on seclusion and restraint: allowed only when there is a clear risk of harm to self or others that cannot be prevented otherwise, on a psychiatrist's order, and to the minimum extent.
• No unfair treatment: people cannot be insulted, discriminated against, or forced into labor unrelated to treatment because they are admitted.
• Human rights training: hospital staff must receive human rights education regularly.

If you want to be discharged

1. 1First, ask the hospital for discharge. For voluntary admission, the hospital must discharge you right away.
2. 2For involuntary admission, you can request a review of discharge or treatment conditions from the regional mental health review committee. The hospital must forward your request and cannot block it.
3. 3If you believe the admission itself is unlawful, you can petition the court for relief under the Habeas Corpus Act.
4. 4If your human rights have been violated, you can file a complaint with the National Human Rights Commission of Korea (1331).

Medical confidentiality is protected by law

The Medical Service Act prohibits medical staff from disclosing patients' secrets learned during treatment. In principle, only the patient can view or get copies of their medical records; family members or representatives need the documents required by law, such as the patient's written consent and a power of attorney.

There is no way for an employer, school, or acquaintance to look up your psychiatric records without your knowledge, though there are legal exceptions such as criminal investigations and trials.

This article is general information, not legal advice. For your specific situation, consult the Korea Legal Aid Corporation (132) or a lawyer.