South Korean Courts Revisit Tattoo Regulations as Public Opinion Shifts

SEOUL, Dec. 25 (Korea Bizwire) –More than 30 years since the Supreme Court of South Korea ruled that allowing non-medical professionals to perform tattoo procedures was illegal, recent lower court rulings have sparked a significant shift.

These rulings have declared that cosmetic practices such as eyebrow tattooing, also known as semi-permanent makeup, are not illegal. This change reflects a significant transformation in societal perception and technological advancements in dye techniques that have minimized health and hygiene risks.

In 1992, the Supreme Court of South Korea classified tattooing as a medical procedure, thereby making it illegal for non-medical professionals to perform tattoos. This position was reaffirmed last year when the Constitutional Court upheld, in a close 5-to-4 decision, the constitutionality of a medical law restricting tattoo procedures to medical professionals, following a constitutional petition by the Tattoo Union.

However, recent rulings from the Busan District Court and the Cheongju District Court have attracted attention by declaring that eyebrow tattooing by non-medical professionals is not a criminal act.

According to these decisions, foreign practices are shifting towards more liberal policies. In contrast to South Korea, where only doctors are allowed to tattoo, other countries are moving towards either full liberalization of qualifications or recognizing tattoo artists who have completed specified training.

For instance, New York City in the United States issues tattoo licenses to individuals who have received education in infection prevention and passed an examination. In France, individuals who have completed a minimum of 21 hours of hygiene and health education and reported this to the regulatory authorities are allowed to perform tattoo procedures.

Similarly, in the United Kingdom, those registered in tattoo establishments and who have undergone a year of training in tattoo techniques, hygiene, and safety, are permitted to tattoo.

Recently, Japan’s Supreme Court has reportedly revised its stance, ruling that tattooing does not constitute a medical practice. This represents a significant shift in the legal interpretation of tattooing in Japan.

The National Human Rights Commission of South Korea also urged the National Assembly in February of last year to deliberate and review legislation, arguing that the current law, which criminalizes non-medical professionals for tattoo procedures, infringes on the freedom of occupation of tattoo artists and the freedom of expression of the individuals receiving tattoos.

Despite the Constitutional Court’s decision to uphold the law, the split opinions of the judges highlighted a pressing need for South Korea to reconsider its unique position of regulating tattooing as a medical practice, unlike the rest of the world where it is commonly allowed for non-medical professionals.

In its ruling, the Constitutional Court noted that “South Korea has become the only country in the world that regulates tattooing as a medical practice,” adding, “Apart from South Korea, every other nation allows non-medical professionals to perform tattooing. The reasons for this and the fact that tattooing by non-medical professionals not only continues to thrive but is on the rise merit serious consideration.“

In a notable case, the Busan District Court Eastern Division acquitted a 20-year-old, identified only as Mr. A, who was charged with violating the Medical Act for performing tattoos using a needle coated with artificial dye on three individuals between November 2021 and May 2022, for which he received 100,000 won.

Similarly, in August of this year, the Cheongju District Court’s Criminal Appeals Division acquitted a 40-year-old, identified as Mr. B, who was charged with performing semi-permanent makeup on eyebrows, eyelines, and lips at a beauty academy he operated.
Lina Jang (linajang@koreabizwire.com)