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South Korean high court upholds decades-old tattoo ban

The Constitutional Court in Seoul, South Korea, upheld a ruling that declared tattooing a medical procedure on Thursday, making it the only developed country that only permits medical professionals to perform it

April 1, 2022 7:04am

Updated: April 1, 2022 9:26am

The Constitutional Court in Seoul, South Korea, upheld a ruling that declared tattooing a medical procedure on Thursday, making it the only developed country that only permits medical professionals to perform it.

The independent, highly specialized court that shares authority with the Supreme Court voted 5-4 that the law was constitutional, rejecting claims critics have made that the ban breaches freedom of expression and right to engage in an occupation.

"The limited medical knowledge and skills involved in tattooing cannot ensure the levels of treatment that medical professionals can provide, treatment that may be needed before or after the procedure," the verdict said, reports Reuters.

The ban stems from a 1992 Supreme Court decision that copied a Japanese verdict stipulating that tattooing was medical activity, which Japanese courts have since overturned.

Nonetheless, South Korea is home to nearly 50,000 tattoo artists that risk police raids, fines and even jail time for practicing their trade, according to Reuters.

Violating the ban is punishable by fines up to 50 million won ($41,300) and prison terms, which are usually two years but can be as much as life.

A union of 650 tattoo artists issued a statement calling the decision “retrograde” and “not worth a penny.”

"The court is still walking on four feet when all citizens walk upright," said Kim Do-yoon, the union's chief, a renowned tattooist better known as Doy.

"Why do they insist tattooing is a medical procedure even though doctors can't and don't do that?" said Kim Sho-yun, vice president of the Korea Tattoo Federation, in a press conference outside the courthouse.

The popularity of “K-tattoos” has boomed at home and abroad thanks to their fine-line designs and delicate details.

Tattoos are usually covered up on television and in public, but many Korean celebrities and K-pop stars have shown theirs off on social media.

However, Korea’s older generation associates tattoos with gangs and believe they go against the Confucian belief that altering the human body means disrespect to one’s parents.