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Government Legislation

  • Partial Amendment to the Enforcement Rule of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2023-07-20
    • Opinion Submission Deadline : 2023-08-28

1. Reasons for Amendment


In light of the repeal of the “Standards on the Establishment of Mental Health Sanatoriums and Rules on Their Operation, etc.,” which is no longer compatible with the current law as it was left unchanged despite the enforcement of the wholly amended Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, this Amendment prescribes in the current Enforcement Rule of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients matters delegated by the Act, such as standards on the establishment of mental health sanatoriums, and matters necessary for the enforcement thereof.




2. Major Provisions


 A. Documents to be submitted when obtaining permission to establish a mental health sanatorium (Article 14 (1))

  Require the submission of documents to verify compliance with standards on the establishment of mental health sanatoriums and bed capacity (attached Table 7) and documents to verify compliance with standards on the number and qualification of workers (attached Table 8) when obtaining permission to establish a mental health sanatorium under the current Enforcement Rule following the repeal of the “Standards on the Establishment of Mental Health Sanatoriums and Rules on Their Operation, etc.”


 B. Matters concerning the use and operation of mental health sanatoriums (Article 14 (6))

  Require compliance with standards on the operation of mental health sanatoriums (admission/discharge, operation and use, etc.) under the current Enforcement Rule following the repeal of the “Standards on the Establishment of Mental Health Sanatoriums and Rules on Their Operation, etc.,” and modify/delete provisions that are not compatible with reality, such as compulsory installation of abscondment prevention facilities and regulations on increasing bed capacity (attached Table 9).

Regulatory effect assessment
  • 정신건강증진 및 정신질환자 복지서비스 지원에 관한 법률 시행규칙(규제영향분석서)_20230807.hwp [download]
Legislative proposal (draft)
  • 입법예고문(정신건강증진 및 정신질환자 복지서비스 지원에 관한 법률 시행규칙 일부개정령안_20230706).hwpx [download]