Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant is the director of the F Hospital, the director of the medical institution for mental illness in E in his/her own Government, and is a medical specialist in mental health.

1. Violation of the Mental Health Act;

(a) With respect to a patient hospitalized in a mental medical institution with the consent of a person without protection, when he/she receives an order of discharge according to the result of the review of the Basic Mental Health Deliberation Committee, the director of the mental medical institution shall immediately discharge the patient concerned;

Nevertheless, the Defendant, at the foregoing hospital on September 6, 2012, did not immediately release patients G from the hospital after being notified of the discharge order from the Committee for Deliberation on Basic Mental Health, and discharged the above G on September 10, 2012, and did not immediately discharge two patients for whom the discharge order was notified by the Committee for Deliberation on Basic Mental Health from September 6, 2012 to November 1, 2013.

(b) When intending to hospitalize a mentally ill person into a mental medical institution with the consent of a person without protection, the person concerned with the mental medical institution shall, with the consent of the person without protection, obtain documents verifying that the person is the person with no protection.

Nevertheless, on February 12, 2016, the Defendant hospitalized three mentally ill persons who want to be hospitalized with the consent of the person without protection at the above hospital on February 12, 2016, without obtaining documents verifying that they are the person without protection, such as family relation certificates, and without obtaining documents verifying that they were the person with no protection, as shown in attached Table 2, from February 12, 2016 to March 17, 2016.

2. On September 6, 2012, the Defendant was not able to receive medical care-oriented travel expenses for three days from the date when two days have elapsed since the date when he/she received a notice of discharge order from the Basic Mental Health Deliberation Committee to the date of discharge on September 10, 2012 after he/she received a notice of discharge order from the patient G.