"If Tattooing Is a Medical Practice, Then I Am Heo Jun"…Tattoo Artist Announces Intent to File Complaint with the Human Rights Commission
"Violation of Fundamental Rights Such as Freedom to Perform Occupation and Freedom of Art"
Trial Last Year for Celebrity Tattoo Procedure Charges
[Asia Economy Reporter Na Ye-eun] A tattooist, who is on trial for violating medical law by performing tattoo procedures on celebrities, has announced plans to submit a petition to the National Human Rights Commission of Korea (NHRCK).
Kim Do-yoon (41), branch president of the Tattooist Labor Union 'Tattoo Union,' held a protest in front of the Seoul Northern District Court on the 10th, holding a placard that read "If tattooing is a medical act, then I am Heo Jun," challenging the traditional precedent that "tattoos must be done by doctors."
Previously, the Supreme Court ruled in 1992 that considering the possibility of side effects and disease transmission, tattooing is a "medical act," and since then, tattoo procedures performed by tattooists have been regarded as illegal medical acts by non-medical personnel.
Kim stated, "The executive, judicial, and legislative branches have neglected the state's duty to protect fundamental rights, infringing on the basic rights such as the freedom to perform the tattooist profession and freedom of art," and announced plans to submit a petition to the NHRCK on the 13th. He also said, "We are preparing individual complaints through the UN human rights mechanisms and filing a complaint with the International Labour Organization (ILO)."
He plans to form a Task Force (TF) with the Tattoo Public Solidarity Committee, law firm May, the Cultural, Arts, and Sports Committee of the Lawyers for a Democratic Society representing tattooist lawyers, and lawyers from the Korean Confederation of Trade Unions Legal Office to engage in future legal battles and domestic and international responses.
Kim said, "We have begun preparing an individual complaint through the UN international human rights mechanisms," and added, "We are also reviewing and preparing to file a complaint with the ILO on the grounds that unfair discrimination against the tattooist profession violates the ILO Convention on Discrimination (Employment and Occupation) (Convention No. 111), which Korea has ratified."
He continued, "The ruling over the past 30 years that tattooing is a medical act under medical law and thus guilty must have been the easiest case to judge," and added, "Nevertheless, after the first trial, the judge canceled the final sentencing schedule and postponed the arguments, and after four changes to the trial schedule, the arguments were finally heard. I believe there is a good reason for this. I expect the most reasonable and wise judgment."
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Meanwhile, Kim is currently on trial for performing tattoo procedures on celebrities at his tattoo shop in Jongno-gu, Seoul, in December 2019. The sentencing originally scheduled for July 7 was postponed, and after several changes to the trial dates, the second trial was held on the 10th.
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