Constitutional Court: "Punishment for Non-Medical Tattoo Procedures Is Not Unconstitutional"

Constitutional Court: "Risks Including Side Effects... Cannot Guarantee Medical Procedure Execution"
Dissenting Opinion: "Need to Judge from a New Perspective Considering Social Awareness Changes"

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[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the Medical Service Act provision punishing tattoo artists for performing tattoo procedures as medical acts does not violate the Constitution.

On the 31st, the Constitutional Court dismissed a constitutional complaint filed by tattoo artists who perform artistic tattoos or semi-permanent tattoos, arguing that Article 27, Paragraph 1 of the Medical Service Act infringes on their freedom to choose their occupation, with a 5 (dismissal) to 4 (opposition) vote.

The Court stated, "Tattoo procedures involve injecting pigment by penetrating the skin with needles, which compromises the integrity of the skin and carries risks such as infection and side effects from pigment injection," and judged that "only medical professionals are allowed to perform tattoo procedures to ensure safety."

It added, "The limited medical knowledge and skills related to tattoo procedures alone cannot guarantee the same level of safety as medical professionals nor the complete execution of necessary medical measures before and after the procedure."

Furthermore, the Court ruled, "Whether to introduce alternatives such as a tattoo procedure qualification system falls within the legislature's discretion," and "It cannot be considered unconstitutional that the legislature chose not to adopt alternatives and allowed only medical professionals to perform tattoo procedures for public health and hygiene."

Justices Lee Seok-tae, Lee Young-jin, Kim Ki-young, and Lee Mi-seon dissented, stating, "Tattoo procedures differ from other unlicensed medical acts as they are not performed for therapeutic purposes," and "Given the changing social perception and increasing demand, it is necessary to judge from a new perspective, unlike precedents."

The Tattoo Association and others filed a constitutional complaint against provisions of the Medical Service Act that impose imprisonment for life or up to two years, and fines ranging from 1 million to 10 million won, for performing tattoo procedures.

They also argued that viewing tattoo procedures as medical acts and punishing non-medical personnel for performing them, while not establishing qualifications or requirements for tattoo artists to legally operate, and uniformly prohibiting tattoo work to medical professionals only, infringes on the constitutional fundamental rights of tattoo artists.

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