On the 27th, the 'Tattoo Act' was passed by the Health and Welfare Committee, allowing individuals who are not doctors to perform tattoo procedures on the body. If it passes the National Assembly plenary session, non-medical professionals will also be able to legally perform tattoos.
Tattooists welcomed the ability to manage cosmetic tattoos systematically, but the medical community opposed allowing non-professionals to perform what they consider a medical act. Will tattoos walk the path of legalization, or will they remain under regulation due to the medical community's opposition?
Under current law, only individuals with a medical license can perform tattoos, as the Supreme Court determined in 1992 that tattoos are a medical act. The court states that non-medical individuals who perform tattoo procedures can face up to five years in prison or fines of up to 50 million won. The medical law stipulates that only medical professionals can perform medical acts.
The emergence of the Tattoo Act, which contrasts with the Supreme Court's decision 33 years ago, is due to a recent increase in individuals getting eyebrow, lip, and scalp tattoos for image transformation. According to the Ministry of Health and Welfare, the tattoo population in Korea was 13 million as of 2021. It is also known that Hong Joon-pyo, the former mayor of Daegu, and Ahn Cheol-soo, a People Power Party member, have gotten eyebrow tattoos.
Once regarded as a symbol of organized crime, tattoos have also become a means of expressing personal values. A 30-something office worker in Pangyo, Seongnam, stated, 'I got an eyeliner tattoo for a vivid impression,' adding, 'It seems that the fact that it is illegal has not been widely known.'
The Tattoo Act was enacted to bridge the gap between law and reality. The Tattoo Act, which passed through the welfare committee, allowed that 'despite the medical law, tattooists can perform tattoo acts.' Instead, it defined the qualifications and scope of work for tattooists and required them to receive hygiene and safety management training annually. Tattooists are prohibited from performing tattoos outside of their business premises and must obtain parental consent before performing tattoos on minors.
Tattooists welcomed the Tattoo Act as it guarantees job security through legal recognition. They have faced difficulties in registering their businesses and have operated by moving around to avoid getting reported. They stated that if tattoos are legalized, they will be able to pay more attention to public health and hygiene while under government oversight.
On the other hand, doctors oppose the Tattoo Act that allows non-medical professionals to perform tattoos, citing potential side effects like infections and allergies. Kim Beom-jun, a professor of dermatology at Chung-Ang University Hospital, noted, 'Tattoo procedures essentially involve piercing the skin barrier with needles to inject pigment into the dermis, which can cause allergies, red rashes, and itching similar to chronic eczema.'
Doctors believe that tattoo removal should also be performed by professionals. Professor Kim remarked, 'If allergies are severe, tattoo removal is considered, but even if the removal procedure is done with lasers, responses may vary based on pigment composition, and scarring can occur, making consultation with specialists important,' adding, 'Medical intervention is inevitable.'
The Korean Medical Association Organization stated, '(If the Tattoo Act is passed) the likelihood of similar legislation for other procedures increases in the future,' warning that this could pose a threat to public health. Currently, only doctors can perform procedures like botulinum toxin for wrinkle improvement or fillers for skin tightening, but they could become open to non-medical practitioners like tattoos.
The beauty industry predicts that the Tattoo Act can help expand the Korean beauty industry to international standards.
Korea is effectively the only country that views tattoos as medical acts. Japan's Supreme Court ruled in 2020 that tattoos are not medical acts. The United States, France, and Germany operate separate tattoo systems that grant licenses and qualifications to tattooists or require them to register their businesses.
Kim Joo-deok, a professor in the Department of Beauty Industry at Sungshin Women's University, noted, 'Korean artisans have excellent hand skills, which also attract foreigners to get tattoos domestically.' She added, 'If tattoos can be done legally while managing pigments safely, the K-beauty industry can also thrive.'