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유석진 순천향대학교 1982 논문집 Vol.5 No.3
The Republic of Korea is yet to write its mental health law. But, even since before the onset of the 20th century, the world has seen a number of countries legislating laws regulating matters concerning the mental health of their people. Examining these laws, we find many differences in their contents. They had to be different because they were written under various different circumstances, And those laws became even more different while they continued to be revised to suit the changing social and cultural environments, and the concepts of human rights and protection of mental patients1 which also dept changing consequently, as well as the developing economics and medical service. It is believed to be an urgent task to draft with broader perspectives a bill for an ideal law for future in line with the government policies for social welfare being carried out actively. W.H.O. has put forth a series of reference materials for the countries which need either to legislate or revise their mental health laws. The first of these materials was a book entitled, "Legislation Affecting Psychiatric Treatment," which was the only source of information available for countries attempting either to write or amend their mental health laws throughout the 50's and the 60's. But nowadays this book is no longer regarded so valuable as it was, due to various developments such as the continuing economic and social changes, enhancement of human rights, introduction of drug therapy in psychiatric treatment, the improved laws concerning the treatment have been remarkably decreasing cases of inpatients in recent years. Even in the countries where patients were compulsorily hospitalized, a recent development is that most doctors believe it is not necessarily more effective to keep their patients in hospitals. A developing country which has just entered the phase of industrialization and economic prosperity, Korea could learn a great deal from experience of other countries and utilize this knowledge in establishing an efficient public mental health system and writing an ideal law of its unique values and cultural tradition, while keeping pace with modern techniques for prevention and cure of mental illnesses. The ligislative guidance contained in the recent W.H,O publication suggests 10 items to be considered basically prior to writing a new law or amending an existing one. They are (1) Policy and Objectives; (2) Authority; (3) Budget; (4) Operations; (5) Research and Training; (6) Access to Services; (7) Protection of Individuals; (8) Minimum Standards for Mental Health Manpower and Resources; (9) Regulation of Theraputic Medicines and Other Treatment Methods; and (10) Delegation of Regulatory Powers. All of these items may not be covered necessarily by the mental health law, in case a nation faces no major difficulty in dealing with mental health problems as its other laws, whether it be medical law, public health law, health center law, civil law, criminal law, juvenile act, children's welfare law, or social welfare law, contain articles requlating the matters. So far we have examined the legislative guidance prepared by W.H.O. But it should be added at this point that it is most important to take accout of the unique circumstances of Korea, and not to copy the laws of other countries. Studying the case of the countries which have already legislated their laws is no doubt essential. Nevertheless, what is more crucial is to review and analyze the present situation of Korea from various perspectives, The attitudes and knowledge about mental disease of the general public and government officials, educating them about the diseases, the nation's unique value system based on their traditional culture, and the psychiatric healing methods and ideas of the past all these are the issues that should never he neglected. Another urgent problem in Korea today is to leglize various private facilities for detaining mental patients. Unfortunately the concern of the nation's psychiatric circles has failed to reach these facilities, though they are in urgent need of up-to-date information and techniques. It should ho noted, however, that this waiting to be cared.
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