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(영문) 대구지방법원 2015.08.21 2015고정187

정신보건법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is the head of the administrative office of the Korea Medical Foundation E Hospital (hereinafter referred to as the “E Hospital”) located in the Cheongbuk-gun, Cheongbuk-do, and is in charge of internal and external affairs, such as personnel affairs and funds, of the E Hospital.

1. With respect to a voluntarily hospitalized mentally ill person, ascertaining whether he/she wishes to discharge, etc. at least once a year, and indicating in the medical records and then obtaining confirmation from the patient himself/herself;

Nevertheless, the indictment was written by the Defendant around April 1, 2013 as the “FIB” on June 10, 2012. However, according to the business registration certificate, etc., the E hospital opened a business on April 1, 2013 and the existing patients hospitalized in the hospital prior to the establishment of the E hospital were deemed to have been newly hospitalized due to the opening of the E hospital.

However, even if the date of hospitalization of the above pre-existing patients is April 1, 2013, the date of the commencement of the E Hospital business, the day of July 22, 2014, when crackdowns on all 10 patients as of July 22, 2014, it does not affect the recognition of facts constituting a crime for which one year has already passed, and it does not seem to otherwise hinder the guarantee of the defendant's right to defense. Therefore, the

From June 28, 2013 to June 28, 2013, it was not stated in the medical records of the F and nine patients hospitalized.

2. A mentally ill person may be hospitalized only with the consent of two legal guardians, and where it is deemed that a psychiatrist requires hospitalization, etc., and a written consent of hospitalization, etc. and a document verifying that he/she is the legal guardian, when hospitalized, shall be obtained from the legal guardian.

Nevertheless, the Defendant hospitalized on May 30, 2014 without obtaining the consent of two legal guardians in the written consent to hospitalization of G patient.

3. Where a mentally ill person is subject to physical restrictions, such as isolation or binding of a mentally ill person, such restrictions shall be entered in the medical records according to the instructions of a psychiatrist.

Nevertheless, the Defendant from July 1, 2014 to July 28, 2014.