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(영문) 의정부지방법원 2018.01.11 2016고정2538
정신보건법위반
Text

Defendant

A A Fines 4,00,000 won, Defendant B’s fine 4,000,000 won, and Defendant C’s fine 3,000,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the co-heads of the E Hospital, a mental medical institution located in Gyeonggi-si, and the department of mental health. Defendant C is a mental health specialist belonging to the above E Hospital, who is delegated by the above A and B with the authority to determine the hospitalization of mentally ill persons and subsequently makes a decision of hospitalization.

1. Defendant A

(a) A person related to a mental medical institution shall, with the consent of a person without protection, receive documents confirming that he/she is a person without protection when intending to hospitalization of a mentally ill person into a mental medical institution with the consent of the person without protection;

Nevertheless, on April 25, 2016, the Defendant hospitalized 13 mentally ill persons who want to be hospitalized with the consent of the protective state, such as the above E Hospital’s family relation certificate, without obtaining documents verifying that the mentally ill persons F intended to be hospitalized were the stateless person of the protective state, and without obtaining documents verifying that they were the stateless person of the protective state, such as family relation certificate, from January 10, 2015 to May 9, 2016, the Defendant was hospitalized 13 persons of the mental disease who want to be hospitalized with the consent of the protective state, such as the above F, without obtaining documents verifying that they were the stateless person of the protective state, such as family relation certificate.

(b) No person who violates the Mental Health Act (in-depth hospitalization), except for emergency hospitalization, shall be hospitalized in a mental medical institution without a diagnosis by a medical specialist of a mental health.

Nevertheless, on May 25, 2015, the Defendant hospitalized seven mentally ill persons who want to be hospitalized except for emergency services, such as the foregoing G, without face-to-face treatment, from May 25, 2015 to January 14, 2016, as indicated in [Attachment Table 2] Nos. 1 to 5, 7, and 8.

2. Defendant B

(a) A mental medical institution, which violates the Mental Health Act (to be equipped with documents);

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