In 2017, with the purpose of enhancing public health as well as improving the rights of mental patients and their families, the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients was legislated and enforced, replacing the Mental Health Act.

However, since the current Act is lacking in some provisions, this proposal seeks to improve such provisions as follows: provisions regarding supporting self-support of mental patients, etc.; provisions regarding prohibition/penalty on lending the certificate for medical health specialist; provisions regarding tenure and renewal of tenure for members of the mental health deliberation committee and relevant public officials, etc.

Details

A. Add that the national and local governments shall seek necessary measures to support the rehabilitation and self-support of mental patients, etc., such as providing various convenience and information (newly insert Article 4, paragraph 5)

B. Place the medical health specialist under suspension of certification and imprisonment of up to one year or a fine of up to ten million won, if the medical health specialist has allowed another person to use their name to conduct the tasks of a medical health specialist or lend their certification for medical health specialist (newly insert Article 17, paragraph 5; Article 17, paragraph 6, subparagraph 3; Article 86, subparagraph 1)

C. Allow the renewal of tenure for members of the mental health deliberation committee, and specify the tenure of the relevant public officials to the duration of their post (Article 53, paragraph 4)

Article 17 (Qualification, etc. for Mental Health Specialists) (5) A medical health specialist shall not allow another person to use their name to conduct the tasks of a medical health specialist or lend their certification for medical health specialist.
(6) In any of the following cases, the Minister of Health and Welfare may revoke the qualification of a medical health specialist or may suspend the qualification for a specified period not exceeding six months: Provided, that the qualification must be revoked in the case of subparagraph 1 or 2: 3. If a medical health specialist has allowed another person to use their name to conduct the tasks of a medical health specialist or lent their certification for medical health specialist, in violation of paragraph 5;