Safe and Legitimate Tattoos

- Tattooist Act passed by the National Assembly, establishing a legal framework for non-medical tattooing -

- To take effect in two years, allowing time to prepare for national exams, licensing, and hygiene standards -

The Ministry of Health and Welfare (MOHW, Minister Jeong Eun Kyeong) announced that the Tattooist Act was passed at the plenary session of the National Assembly on Thursday, September 25.

Until now, tattoos for cosmetic or aesthetic purposes have been widely practiced by non-medical practitioners. However, due to the invasive nature* of the procedure, concerns over infection risks made such practices punishable under the Medical Service Act when performed by non-medical professionals.

   * Tattooing is defined as the insertion of ink into the skin using needles to create letters, images, eyebrows, and other designs (Article 2 of the Act)

To close the gap between law and practice and to protect the health and safety of both tattoo recipients and practitioners, the National Assembly passed the Tattooist Act, creating a legal framework that enables non-medical professionals to perform tattoos in a safe and hygienic manner.

This legislation responds to longstanding calls from the field for the legal recognition of non-medical tattooing. The new institutional framework is expected to pave the way for the development of tattoo-related professions and industries.

At the same time, as tattooing has long been regarded as a form of medical practice*, the Act introduces multiple safeguards to ensure safety throughout the entire process.

   * A Supreme Court ruling (May 22, 1992) classified tattooing as a medical practice due to its invasive nature and potential for disease transmission

Under the new Tattooist Act, only licensed tattooists who pass a national examination may perform tattoo procedures. Tattooing by medical professionals remains classified as medical practice under the Medical Service Act and may continue to be conducted within medical institutions. Licensed tattooists may perform tattooing and use over-the-counter medicines notwithstanding the Medical Service Act and the Pharmaceutical Affairs Act; however, they are not permitted to perform tattoo removal. Tattoo parlors operated by licensed tattooists must meet specified facility and equipment standards and register with their local government.

To ensure that tattoo procedures are carried out safely and hygienically, tattooists must comply with the obligations and requirements set forth in the Act. These include annual safety and hygiene training, regular health check-ups, sterilization of instruments, disposal of medical waste in accordance with the Wastes Control Act, and compliance with safety standards under the Pharmaceutical Affairs Act when using medicines. In the event of an emergency, clients must be transferred to emergency medical facilities, and records must be maintained on the procedure date, type of ink used, and tattoo site. Any adverse reactions must be reported to local authorities.

In addition, tattooing minors without guardian consent and providing tattooing services outside of registered parlors are strictly prohibited. Tattoo parlors are also required to carry liability insurance for client compensation and are banned from false or misleading advertising.

Given that this is a law concerning public health and safety, it will take effect two years after promulgation to allow sufficient time for preparation. To address practical needs and circumstances, transitional measures—including temporary registration and grace periods for licensing—will apply for up to two years after enforcement.

Minister Jeong Eun Kyeong stated, “Until now, the law and institutions have not reflected the reality that non-medical tattooing has become widespread. The Tattooist Act, developed through years of debate and consultation, establishes a system that allows the tattoo industry to operate soundly and safely, while protecting the rights of both clients and practitioners.”

She added, “We are well aware of the concerns about potential side effects and emergencies during tattooing. We will continue to gather expert and stakeholder input and make thorough preparations for implementation, always placing the highest priority on public health and safety.”

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