All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. (1) The basic concept of Article 2(1) of the Mental Health Act provides that “All mentally ill persons shall be guaranteed dignity and value as human beings,” and Article 2(5) of the same Act provides that “The voluntary hospitalization of a mentally ill person who requires hospital treatment shall always be encouraged.”

In relation to hospitalization by a legal guardian, Article 24(1) of the Mental Health Act provides that “The director of a mental medical institution, etc. may have the relevant mentally ill person hospitalized, etc. only where there is the consent of two legal guardians (in cases where there are only one legal guardian, the consent of one legal guardian) and where it is determined that hospitalization by a mental health specialist requires the hospitalization, etc., and shall obtain a written consent of hospitalization, etc. prescribed by Ordinance of the Ministry of Health and Welfare from the legal guardian and a document confirming that he/she is the legal guardian.

On the other hand, Article 21 (1) of the Mental Health Act provides that "A person responsible for supporting a mentally ill person or his/her guardian under the Civil Act shall be a person responsible for protecting a mentally ill person," and Article 21 (3) of the same Act provides that "where a person responsible for supporting a mentally ill person under paragraph (1) has no legal guardian or the legal guardian is unable to perform his/her duty due to unavoidable reasons, the head of Si/Gun/Gu having jurisdiction over the domicile (where a person responsible for protecting a mentally ill person

In addition, Article 26 (1) of the Mental Health Act provides that a person who finds a person presumed to have mental illness with regard to emergency hospitalization, who is highly likely to harm himself/herself or others, shall obtain the consent of a doctor and a police officer, when the situation is very urgent and it is impossible to hospitalization as provided for in Articles 23 through 25 of the Mental Health Act.