"Eyebrow Tattooing Is Not Illegal" - Beauty Technician Also Acquitted in Appeal Trial

Court: "Semi-permanent makeup procedure differs from medical treatment"

A beautician who was prosecuted for performing semi-permanent makeup procedures for cosmetic purposes, such as eyebrow tattoos, without a medical license was acquitted again in the appellate court.

The Criminal Appeals Division 1 of Cheongju District Court (Presiding Judge Kim Seong-sik) on the 30th dismissed the prosecution's appeal and upheld the original verdict of not guilty in the appeal trial of A (44), who was charged with violating the Medical Service Act. The court also acquitted another beautician who stood trial on the same charges.

A and others were prosecuted for performing semi-permanent makeup by implanting pigment with needles on eyebrows, eyeliner, lips, etc., at a beauty academy they operated in Cheongju for several years.

Officials of the Korea Tattoo Artists Association holding a press conference.
[Image source=Yonhap News]

The first trial court stated, "Semi-permanent makeup procedures are simple repetitive techniques and are difficult to be regarded as medical acts requiring advanced medical knowledge and skills," adding, "Just as ear piercing for earrings has become commonplace, the procedure in question also seems possible with limited medical knowledge and skills," and acquitted the defendants.

The appellate court also judged that the concept of medical acts is not fixed and can change at any time due to developments in medical technology. The court explained, "Considering the degree of risk and controllability, semi-permanent makeup procedures, unlike other medical acts, are unlikely to pose health and hygiene risks even if performed by someone without a medical license," and further stated, "In light of social norms and the acquittal rulings by the Supreme Court of Japan, it is difficult to simply classify semi-permanent makeup procedures as medical acts." The court added, "If the prosecution disagrees with the appellate court's ruling, the case will be consolidated with other cases currently under appeal to the Supreme Court for judgment," and noted, "The Supreme Court ruled in 1992 that semi-permanent makeup procedures are medical acts."

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