Tattoo law overhaul ends 33-year ban, includes oriental medicine doctors and dentists

The Tattoo Artist Act, which provides grounds for allowing not just non-medical professionals but also oriental medicine practitioners and dentists to perform tattooing procedures, has passed the National Assembly.

The National Assembly convened a plenary session on Thursday and introduced the Tattoo Artist Act. A revised bill that expands the scope of medical professionals permitted to perform tattooing was presented during the session and passed with 195 votes in favor out of 202 members present. No lawmakers opposed the bill, and seven abstained from voting.

The passage legalized tattooing by non-medical professionals, 33 years after the Supreme Court ruled it illegal. It will take effect two years after promulgation.

The revised bill, proposed by Rep. Park Ju-min of the Democratic Party of Korea, who chairs the National Assembly Health and Welfare Committee, expanded the scope to grant tattooing rights not only to doctors but also to dentists and oriental medicine doctors.

The bill prohibits tattooing by unlicensed individuals but exempts medical practices performed by licensed medical professionals as defined by the Ministry of Health and Welfare regulations under the Medical Service Act. This reflects the arguments of the Association of Korean Medicine and the Korean Dental Association, which contended that it was unfair to exclude licensed medical professionals like them from being permitted to perform tattoos.

The Tattoo Artist Act, passed by the plenary session, mandates the management of tattoo artists through a national licensing system. Only those who pass the national tattoo artist examination and receive a license from the Minister of Health and Welfare may perform tattoos. According to the amendments passed in the plenary session, tattooing performed by medical professionals designated by the Ministry of Health and Welfare regulations as part of medical practice is permitted.

Tattooing and semi-permanent makeup are also comprehensively defined as “tattooing acts.” However, the law will prohibit the following acts: tattoo removal procedures; tattooing minors without parental consent; and procedures performed at locations other than registered tattoo establishments. Tattoo establishments can only be opened by licensed tattoo artists and operate under a registration system.

Additionally, tattoo artists must undergo annual hygiene education and health examinations for hygiene and safety management, and all used instruments must be disinfected and sterilized. Medicines must be managed in accordance with the standards set forth in the Pharmaceutical Affairs Act. If an emergency occurs during a procedure, the client must be immediately transported to a medical institution.

In a related development, the Ministry of Health and Welfare also stated that it had no intention of excluding oriental medicine practitioners and dentists from tattooing activities while pursuing the enactment of the Tattoo Artist Act.

Consequently, it appears that, through future ministerial ordinances, not only doctors but also oriental medicine doctors and dentists will be included among medical professionals permitted to perform tattooing without a tattoo artist's license.