Supreme Court rules non-medical tattooing is not an illegal medical act

The Supreme Court ruled that standard tattooing performed by non-medical professionals does not constitute an illegal medical act under the former Medical Service Act. The full bench decision reversed a lower court conviction involving a defendant who performed a lettering tattoo on a client's right arm for 350,000 won.

While the lower court found the defendant guilty of practicing medicine without a license, the high court determined the act was a decorative procedure rather than a medical treatment aimed at disease prevention or cure. The justices noted that typical tattooing focuses on artistic expression rather than health outcomes and does not require the extensive expertise demanded of physicians.

The court cited several factors driving the reversal, including significant improvements in public hygiene knowledge following the coronavirus pandemic and the ability of clients to verify artist safety records online before undergoing procedures. "Typical calligraphy tattooing is mostly done without direct relation to disease prevention or treatment," the court said, adding that requiring a medical license for such work would effectively ban non-doctors from the profession and infringe on constitutional rights to occupational freedom and self-expression.

In the specific case, the defendant disinfected the area with ethanol, drew a sketch with a tattoo pen, and used a sterilized machine with a disposable needle to inject dye into the skin. The court found these methods constituted standard practice.