Supreme Court Rules "Non-Medical Eyebrow Tattoos Not Unlicensed Medical Practice"... Acquittal Finalized
Accused of Eyebrow and Hairline Tattoos for 14 Clients
First and Second Instance Courts: "Tattoo Procedures Are Not Medical Practice," Acquitted
Supreme Court: "Ordinary Cosmetic Tattooing Is Not Medical Practice"
A beauty salon owner who performed so-called "semi-permanent makeup" procedures, such as eyebrow and hairline tattoos, without a medical license has been acquitted. This follows the Supreme Court's ruling that ordinary cosmetic tattooing performed by non-medical professionals cannot be considered unlicensed medical practice prohibited by the Medical Service Act.
On June 11, the Supreme Court's Third Division (Presiding Justice Roh Kyung Phil) upheld the lower court's acquittal of defendant A, a beauty salon operator charged with violating the Act on Special Measures for the Control of Health Crimes (unauthorized medical practitioner).
A, who is not a medical professional, was tried on charges of providing eyebrow and hairline tattoo procedures to 14 people a total of 14 times at their beauty salon between March and June 2019, receiving 2 million won in total. Prosecutors charged A on the grounds that these actions constituted unlicensed medical practice prohibited under the Act on Special Measures for the Control of Health Crimes and the Medical Service Act.
However, both the first and second instance courts found that A's tattoo procedures did not constitute medical practice and acquitted A. The prosecutor appealed, but the Supreme Court also agreed with the acquittal of the lower courts.
This ruling follows the Supreme Court's full bench decision on May 21, which changed the previous precedent by stating, "Tattoo procedures performed by non-medical professionals are not unlicensed medical practice."
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The court stated, "Tattooing is divided into calligraphic tattoos for artistic expression and cosmetic tattoos that emphasize or alter one's original appearance. While tattooing can be performed by a medical professional, it is commonly performed by non-medical professionals. Ordinary cosmetic tattooing performed by non-medical professionals does not constitute unlicensed medical practice under Article 27, Paragraph 1 of the Medical Service Act." With this reasoning, the court finalized the acquittal.
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