Government considers legalizing tattooing by non-doctors

The government is considering legalizing tattooing by non-doctors, expanding the scope from the current law, which allows only people with medical licenses to perform such an act.

In Korea, getting a tattoo from a tattoo artist who does not have a medical license is illegal. [YONHAP]

The government is considering legalizing tattooing by non-doctors, expanding the scope from the current law, which allows only people with medical licenses to perform the act.

On Thursday, the government officials and medical authorities shared that the Ministry of Health and Welfare requested a study on issues surrounding tattoos on Monday. The study will cover who can legally tattoo by considering legitimizing service from nonmedical professionals through creating training programs and qualification exams.

In Korea, tattooing was stipulated as a medical practice under a Supreme Court ruling in 1992. This placed tattooing within the realm of the Medical Service Act which prohibits medical practices by non-healthcare people. In other words, giving someone a tattoo without a medical license is illegal and getting one from an unlicensed person is also illegal.

The Health Ministry plans to make a final report by November that would provide a basis for establishing policies regarding tattoo education and a qualification exam for tattoo artists. A Health Ministry official said that the research was a response to the social needs requiring the institutionalization of tattoo service.

“We requested the research to be prepared beforehand, following the numerous legislative proposals submitted to the National Assembly,” the official added.

As of last year, 11 bills have been proposed in the previous three years, touching issues such as qualifying non-doctors to tattoo, reporting a tattoo shop and safety procedures.

However, in 2022, a tattoo artists' union's complaint against the classification of tattooing as a medical practice was rejected by the Constitutional Court in a five-to-four decision.

The Korean Medical Association welcomed the Constitutional Court’s legal judgment on permitting such acts only to doctors as the procedure directly relates to human life.

BY KIM JI-HYE, KIM JI-YE [kim.jiye@joongang.co.kr]