Court rules against tattooing by unlicensed practitioners
Tattoo artist Kim Do-yoon, left, and his attorney Kwak Yae-ram speak during a press conference in front of the Constitutional Court in Seoul's Jongno District, Thursday. The banner set up by Kim's tattoo union next to him reads, “Tattoos are a form of drawing art” in Korean. Korea Times photo by Lee Hae-rin
By Lee Hae-rin
The Constitutional Court upheld its previous ruling against tattooing by practitioners who do not hold a medical degree.
On Thursday, the top court ruled against a tattooist who claimed tattooing is a form of art, not a medical practice, and thus tattooists can perform their trade without having to go through medical school.
During a press conference in front of the court in Seoul, tattoo artist Kim Do-yoon and his lawyer said the court reaffirmed its previous 5-to-4 ruling against tattooing by artists rather than just medical practitioners. The court called tattooing “an act of medical service” and claimed allowing non-licensed practitioners could endanger people's health.
Kim took the case to the Constitutional Court after the Seoul Northern District Court ruled against him. The lower court ordered Kim to pay 5 million won ($3,800) of fines for having tattooed people without a medical license.
Kim, 42, is a renowned tattooist who has inked several celebrities, including Brad Pitt, members of K-pop boy band EXO, actor Han Ye-seul and many others. He has over 448,000 followers on Instagram and founded and leads the labor union joined by over 650 tattooists.
The country's Medical Service Act defines Kim's art as a “medical practice” and prohibits non-medical personnel from performing any act such as tattooing that pierces the skin. Tattooing without a medical license is subject to fines up to 10 million won ($7,642) or two years in jail.
In response, Kim filed a lawsuit against the Constitutional Court. He claimed that regulating the tattoo industry with the Medical Service Act violates freedom of occupation.
The court's position on tattooing has been consistent.
The Supreme Court's precedent in 1992 defined tattooing as a medical service and criminalized performance by non-medical practitioners.
But the tattoo industry has grown fast in recent years, as people began to perceive it as a form of self-expression.
The Korea Tattoo Association estimates that over 20,000 tattoo artists perform about 6.5 million tattooing procedures here every year, creating a 200 billion won ($152 million) market.
The Korea Institute for Health and Social Affairs report shows that, as of 2019, about one in four Koreans in their 20s and 30s have been tattooed, which includes cosmetic procedures such as semi-permanent eyebrow makeup.
Along with the growing market, the social norms on tattoos have changed as well. A Gallup Korea poll with more than 1,000 adults from last June shows that 70 percent of respondents find it unnecessary to blur out or cover tattoos on televised personalities.
Since 2020, several legislative bills have been proposed and pending at the National Assembly to allow non-medical workers to perform tattoo services, under the condition that they receive strict health and hygiene education. The National Human Rights Commission of Korea (NHRCK) recommended the National Assembly to handle these bills swiftly in March this year.
Kim said that he will continue to work in coalition with other civic groups and organizations in the beauty industry to raise people's awareness on the issue until the next ruling in October.