[Untangling Issues] ① Brazilian Waxing Allowed, but Tattoos Not Allowed?

[Asia Economy Reporter Kim Jong-hwa] As the novel coronavirus disease (COVID-19) crisis prolongs, companies are sighing deeply. Unable to endure alone, even when they want to merge offices or start a joint business with acquaintances in the same industry, the law stands in their way. This is the so-called 'regulatory barrier.'

At times like this, the government agency that can offer help is the 'Ombudsman.' Last year, the Small and Medium Business Ombudsman Support Group resolved a staggering 5,328 complaints. This averages to about 15 complaints resolved per day. While one might think, "Is it really this difficult to do business in Korea?" the greater surprise was, "How on earth did they resolve so many complaints?"

The weekly Sunday series [Untangling Business Knots] introduces the regulatory barriers that threatened the survival of entrepreneurs and the processes through which these were resolved. [Editor's note]

# Mr. A, who was a makeup artist, learned tattoo procedures through an apprenticeship system and opened a tattoo shop in a small provincial city in 2012. However, due to reports from parents of customers who received tattoo procedures from Mr. A, he was fined between 800,000 KRW and 2,000,000 KRW. As the frequency of fines increased, Mr. A eventually closed his business due to operational losses.

The reason Mr. A was fined is that he violated the Medical Service Act. Article 27 of the Medical Service Act states that no one other than medical personnel may perform medical acts. Therefore, non-medical personnel performing semi-permanent makeup and tattoos are considered illegal.

The problem is that such legal provisions do not reflect reality at all. According to the Ministry of Health and Welfare and the beauty industry, it is known that as many as 13 million people have at least one tattoo on their bodies, including semi-permanent makeup (eyebrow tattoos, eyeliner, etc.).

Since hospitals do not tattoo bodies, most of these 13 million people have received procedures at tattoo shops or private establishments, committing illegal acts. Nevertheless, some beauty academies and professional practitioners provide apprenticeship-style education and training on tattoo procedures. Illegal acts are being taught in formal academies.

They have filed constitutional complaints six times since 1988. They argue that regulating tattoo procedures as medical acts violates constitutional freedoms such as freedom of expression and freedom to choose one's occupation.

There is also internal confusion within the government. Due to a Supreme Court precedent in 1992 that eyebrow tattoos are medical acts, tattoos still fall within the illegal domain, but in 2015, the Ministry of Employment and Labor designated tattooists as a new occupation, causing further confusion.

As the statistic of 13 million people indicates, semi-permanent makeup and tattoo procedures have deeply penetrated daily life. However, the law still classifies them as illegal, making it impossible to establish hygiene or health-related standards, which ironically threatens public safety.

Tattooists active around Seoul's Hongdae and Itaewon areas operate without signs in one-room apartments to avoid crackdowns, and since their work is illegal, there are no hygiene standards. There is no way to prevent practitioners from not sterilizing needles or reusing equipment other than appealing to their conscience.

Recently, with the popularity of Brazilian waxing, issues of fairness have also been raised. Brazilian waxing involves applying certain stimuli to the skin for hair removal, which is not much different from eyebrow tattoos. Despite incidents caused by improper sterilization of tools used for waxing, Brazilian waxing is legal while tattoo procedures remain illegal.

Last October 10, the Small and Medium Business Ombudsman submitted related matters to the National Policy Coordination Meeting, requesting that semi-permanent makeup and similar procedures be allowed in beauty salons, and is currently pushing for related legal amendments. In consultation with the Ministry of Health and Welfare, by the end of this year, plans will be made to allow non-medical personnel to perform tattoo procedures in areas with low safety and hygiene risks.

Through amendments to the Medical Service Act, semi-permanent makeup and tattoo procedures will be legalized, and the Public Health Control Act will specify qualifications, education, and compliance requirements for tattoo practitioners. As early as next year, tattoo shops will be able to openly operate under their own signboards.

An official from the Small and Medium Business Ombudsman emphasized, "Judging tattoo procedures as subjects for legalization under either the Medical Service Act or the Public Health Control Act in line with the trend of change is the flow of the times," adding, "Whether it constitutes a medical act is not the key issue; rather, establishing appropriate health and hygiene standards and managing them legally and hygienically is more important."

This content was produced with the assistance of AI translation services.