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Court Rules Punishment for Tattoos by Nonmedical Workers Constitutional

Written: 2022-04-01 12:46:53Updated: 2022-04-01 14:51:40

Court Rules Punishment for Tattoos by Nonmedical Workers Constitutional

Photo : YONHAP News

The Constitutional Court ruled that it is not unconstitutional to punish non-medical workers for offering tattoo procedures.

In a five-to-four decision on Thursday, the nine-member bench dismissed a petition by a group of tattooists against the Medical Service Act that prohibits the practice of tattooing by people without a medical license.

Under the current law, violators can face a minimum two years in prison and potentially millions of won in fines.

The petitioners claimed that relevant laws violate their constitutional right to select an occupation and that the government had failed to do its part to adopt policies that would legally certify their occupation.

The court, however, said there are risks of side effects in tattooing from the use of needles and dyes, and that existing laws provides safety guarantees by allowing only medical personnel to conduct the procedure.

The four justices who opposed the decision said safe procedures can be ensured by introducing qualification criteria and enforcing regulations on ensuring hygienic practices.

In a similar case in 2016, the bench was divided seven to two. 

Tatooists plan to hold a large rally in front of the National Assembly in May calling for the legalization of their profession.

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