Passing of the amendment allowing the Human Rights Commission to access medical records following the refusal of inquiry at Bangudae Hospital
The South Korean National Human Rights Commission's amendment allowing access to medical records for investigations has passed in the National Assembly following a refusal by Bangudae Hospital to comply with a previous inquiry.
The South Korean National Human Rights Commission (NHRC) has successfully passed an amendment to the Medical Act, enabling the commission to access medical records during the investigation of human rights violations. This legislative change was sparked by an incident at the Bangudae Hospital, a mental health facility in Ulsan, where the hospital denied the NHRC access to patient records based on the existing medical law. The refusal to cooperate came after multiple documented incidents of abuse and deaths among severely disabled patients at the facility, highlighting the pressing need for oversight in such institutions.
On January 12, the amendment, led by Democratic Party lawmaker Seo Mi-hwa, was passed in a National Assembly session. It allows the NHRC to request medical institutions to provide access to patient records in human rights investigations, ensuring that previous laws, which required consent from the patient or their guardians, do not impede urgent inquiries. Lawmaker Seo emphasized that over the last decade, there have been more than 17,000 recorded cases of human rights violations within mental health facilities, warranting a clearer legal framework for the NHRC's investigative actions. The amendment aims to facilitate more timely and effective responses to complaints of abuse or neglect in psychiatric settings.
Bangudae Hospital has been under scrutiny following its refusal to allow an inquiry, facing potential penalties from the NHRC for noncompliance. During an NHRC visit planned in late 2024, concerning conditions were reported, including locked wards and unsanitary environments. Most notably, over half of the patients at Bangudae Hospital have communication disabilities, raising significant concerns regarding their treatment and oversight. The passage of this amendment is a critical step towards enhancing the accountability of mental health institutions in South Korea and ensuring that the rights of vulnerable individuals are protected.