Review and Proposal Regarding Tattooing Procedures

Abstract

Purpose: The societal perception of tattoos has evolved, and tattooing procedures have become more prevalent. However, tattooing constitutes a medical procedure involving invasive actions on the skin, thereby falling within the scope of medical practices. Unless performed by qualified medical professionals possessing medical expertise, there is a constant risk of jeopardizing the life, physical well-being, or public health of tattoo recipients. Consequently, this paper seeks to investigate the current state of tattooing practices in South Korea, examining the legal issues at hand, and proposing measures to mitigate potential harm to consumers.
 Method: Through a comprehensive review of prior research and analysis of relevant literature, including an examination of judicial precedents, this study aims to examine the stance of the Constitutional Court and the Supreme Court regarding tattooing. Additionally, it seeks to review the legislative systems pertaining to tattooing in foreign countries such as the United States and Japan in order to propose improvements to the current tattooing system and suggest measures for consumer protection.
 Results: Through a review of legal precedents in our country, we have identified the evolving perception regarding the practice of tattooing. Additionally, by conducting research on foreign laws and systems, we have gained new insights into the legalization of tattooing and the considerations for potential solutions. By engaging in comprehensive discussions encompassing the protection of citizens' right to life and health, public health concerns, as well as the artistic nature, freedom of expression, and freedom of occupational choice associated with tattoos, we have sought to explore measures for improvement in the field of tattooing.
 Conclusion: Through this study, it was possible to ascertain the changing public perception of tattooing. Additionally, by conducting an analysis of foreign legal systems that reflect the evolving perception of tattoos, avenues for the legalization of tattooing could be explored. Protecting the right to life and promoting health, which are the objectives of medical law, naturally entail reserving medical procedures for qualified healthcare professionals. However, given the difficulty of reversing the widespread acceptance of tattooing brought about by societal changes, it is now necessary to consider the legalization of tattooing through legal and regulatory frameworks. This should be accompanied by consistent governmental oversight and supervision by the Ministry of Health and Welfare to safeguard the health rights of the population.