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(영문) 의정부지방법원 2017.06.09 2016고단3898
정신보건법위반등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

The defendant is the director of C Hospital, who is a medical institution for mental illness located B at his own government, and is a medical specialist in a mental health department.

1. With respect to patients hospitalized in a medical institution for mental illness with the consent of the handicapped of protection, when the director of the medical institution for mental illness has received an order of discharge according to the result of the review of the Basic Mental Health Deliberation Committee, the relevant patients shall be immediately discharged;

Nevertheless, the Defendant, at the above C Hospital on September 6, 2012, received the notice from the Basic Mental Health Deliberation Committee to order the discharge of the patient D, and delayed discharge of the above D on October 5, 2012. Furthermore, the Defendant did not immediately discharge the patient 28 patients, such as the foregoing D, even though the Basic Mental Health Deliberation Committee notified of the discharge order as in attached Table 1.

2. When intending to admit a mentally ill person to a mental medical institution with no written consent of the person without protection, the persons concerned with the mental medical institution shall, with the consent of the person without protection, receive documents verifying that the person is the person without protection.

Nevertheless, on March 30, 2015, the Defendant hospitalized a mentally ill person E who intends to be hospitalized with the consent of a person without protection, without obtaining documents verifying that he/she is a person without protection, such as a family relation certificate. From March 30, 2015 to April 16, 2016, the Defendant hospitalized the 11 mentally ill person who intends to be hospitalized with the consent of a person without protection of the above E, such as family relation certificate, without obtaining documents verifying that he/she is a person without protection.

3. No person who is hospitalized in a non-faceted medical institution shall be hospitalized in a mental health institution without a diagnosis by a psychiatrist except for emergency hospitalization.

Nevertheless, on June 24, 2015, the Defendant provided face-to-face medical treatment for mentally ill persons F to be hospitalized with the consent of a person without protection.

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