Realistically and administratively, it is difficult to punish all tattoo procedures as unlicensed medical practices. (Image courtesy of Yonhap)
SEOUL, Feb. 11 (Korea Bizwire) — With permanent makeup and tattoos become increasingly mainstream in South Korea, lawmakers and health authorities are facing mounting pressure to establish safety and hygiene regulations for an industry that technically remains illegal under current law, according to a National Assembly report released on February 10.
The National Assembly Research Service’s report highlights the growing disconnect between the current legal framework and social reality. An estimated 10 million South Koreans have received permanent makeup procedures, while another 3 million have traditional tattoos, according to a 2021 study conducted by the National Evidence-based Healthcare Collaborating Agency.
Despite this widespread adoption, tattoo services remain in a legal grey area. A 1992 Supreme Court ruling classified tattooing as a medical procedure that could only be performed by licensed medical professionals, citing risks of disease transmission and the invasive nature of injecting pigments into the skin.
This position was reinforced in 2022 when the Constitutional Court upheld the law’s constitutionality in a 5-4 decision, rejecting a challenge from the Tattoo Union, a tattoo artists’ union.
This stance increasingly puts South Korea at odds with international trends. New York City permits tattoo artists to practice after completing infection prevention training and passing an examination.
France allows tattooing after 21 hours of hygiene and health education, while the United Kingdom requires one year of training in tattoo techniques, hygiene, and safety at registered establishments.
Japan, which once had similar restrictions, changed course in 2020 when its Supreme Court ruled that tattooing was not a medical procedure. Subsequently, in 2022, the Ministry of Health, Labour and Welfare removed tattoo needles and equipment from medical device classification.
A tattoo artist works on a tattoo in a studio in Seoul, South Korea. (Image courtesy of Yonhap)
Legislative efforts to regulate the industry have been unsuccessful. During the 21st National Assembly, 11 bills were proposed to establish licensing systems and hygiene requirements for tattoo practitioners, but all expired without passage.
The National Human Rights Commission of Korea urged in 2022 that regulations be developed to improve professionalism and safety while protecting both practitioners’ freedom to work and clients’ freedom of expression.
The Ministry of Health and Welfare has taken steps toward potential reform, commissioning a research project in March of last year to develop a national certification system for non-medical tattoo artists.
The ministry plans to complete the final research report in November and use the findings to establish detailed regulations for national licensing examinations and safety education requirements.
A ministry survey of 1,685 tattoo and permanent makeup recipients found that more than half supported allowing non-medical professionals to perform procedures. The report noted that most procedures are currently performed by non-medical practitioners in specialized shops or beauty facilities, emphasizing the urgent need for safety management measures.
The National Assembly Research Service stressed that while medical professionals continue to express concerns about potential complications, the ministry must work actively to mediate between stakeholders and find common ground for comprehensive industry regulation.
Ashley Song (ashley@koreabizwire.com)
