Defying doctors’ opposition, parliamentary panel passes the Tattoo Artist Act

The Tattoo Artist Act, which has faced strong opposition from the medical community, and an amendment to the Pharmaceutical Affairs Act related to promoting substitute dispensing have passed the National Assembly's Health and Welfare Committee.

On Wednesday, the Health and Welfare Committee held a plenary session, deliberating and passing 69 bills, including the Tattoo Artist Act and the amendment bill to the Pharmaceutical Affairs Act. These are the bills reviewed by the legislative subcommittee on Tuesday and Wednesday last week.

The Pharmaceutical Affairs Act’s amendment bill adds the Health Insurance Review and Assessment Service (HIRA)’s business portal to the “post-notification for generic substitution” system. This alternative was prepared by merging the amendments to the Pharmaceutical Affairs Act proposed by Reps. Seo Young-seok, Lee Soo-jin, and Min Byeong-deok of the Democratic Party of Korea (DPK) during the subcommittee review.

The amendment allows for the establishment and operation of an information system to support post-notification for generic substitution, providing the basis for entrusting this task to HIRA. Matters necessary for establishing and operating the post-notification information system will be determined by the Ministry of Health and Welfare decrees.

The Tattoo Artist Act that passed the Health and Welfare Committee is an alternative prepared by merging and reviewing the Tattoo Artist Act proposed by Rep. Park Ju-min of the DPK, the Act on Tattoo Artists proposed by fellow party member Rep. Kang Sun-woo, and the Tattoo Artist and Semi-Permanent Makeup Artist Act proposed by Rep. Yoon Sang-hyun of the People Power Party (PPP). If the bill passes the Legislation and Judiciary Committee and the National Assembly plenary session, tattooing by non-medical practitioners will be legalized for the first time in 33 years since the Supreme Court ruling.

“For many years, since the 1992 Supreme Court ruling that deemed tattooing by non-medical practitioners illegal, tattooing remained outside the institutional framework,” Rep. Park said immediately after the passage of the Tattoo Artist Act. "We have taken a major step toward enacting the Tattoo Artist Act. We have opened the door to the system and stepped inside.”

Park added, “This is not the end. Strong concerns are being raised by the medical community and others. Efforts must continue to address these concerns and robustly ensure public safety."

Minister of Health and Welfare Jeoung Eun-kyeong also stated, “With the enactment of the Tattoo Artist Act, we expect to establish regulations on tattoo artist licensing, scope of practice, business establishment registration, and hygiene and safety management. This will bridge the gap between law and reality and lay the groundwork for promoting public health and safety.”

Minister Chung added, “We will thoroughly reflect the opinions raised during the bill deliberation process in the upcoming implementation preparations to ensure the legislative intent is fully achieved.”

The Tattoo Artist Act permits tattoo artists to perform tattooing procedures despite restrictions under the Medical Service Act and the Pharmaceutical Affairs Act, granting licensed tattoo artists exclusive status. The scope of tattooing services was comprehensively defined as an “invasive procedure,” encompassing both tattoos and semi-permanent makeup.

While the law permitted the use of over-the-counter drugs, it prohibited tattoo removal procedures. During the subcommittee review, the obligations and compliance requirements for tattoo artists were also strengthened. For hygiene and safety management, they must undergo annual hygiene training and health examinations, and all equipment used must be disinfected and sterilized.

They must also comply with pharmaceutical safety standards under the Pharmaceutical Affairs Act and immediately transport clients to a medical facility in the event of an emergency during a procedure. Restrictions on procedures were also clearly defined, prohibiting tattoo removal procedures, tattooing minors without parental consent, and performing procedures at locations other than registered tattoo establishments.