Students learn how to do eyebrow tattoos at an academy in Gangnam District, southern Seoul, on Sept. 26, 2025. [YONHAP]
The Supreme Court ruled that tattooing by nonmedical professionals can't be punished as unlicensed medical practice, overturning a 34-year-old legal precedent ahead of the implementation of the Tattooist Act.
An appeals hearing for two tattoo artists, surnamed Park and Baek, indicted on charges of violating the Medical Service Act took place at the Supreme Court on Thursday. The Supreme Court overturned the lower court rulings that had found them guilty and remanded the cases with acquittal recommendations.
Park was indicted for performing scalp tattoo procedures at a hair salon in Yongsan District, central Seoul, between January and December 2020. Baek was charged with performing lettering and calligraphy-style tattoos at a fashion accessories store in Seongnam, Gyeonggi, in May 2019.
The Medical Service Act prohibits nonmedical personnel from performing medical procedures, which included tattoos. Violations are subject to criminal penalties.
Park was fined 1.5 million won ($995) in the first trial, and Baek faced a 1 million won fine. Both appealed, but their second trials upheld the same penalties.
The appellate rulings for Park and Baek were issued in November 2021 and September 2022, respectively, before the Tattooist Act was passed.
Tattoo artists congratulate each other after the Tattooist Act passes the National Assembly on Sept. 25, 2025 [NEWS1]
The Tattooist Act permits tattoo procedures by nonmedical practitioners, and was promulgated in October 2025. The act includes a two-year grace period, and is set to take effect on Oct. 29, 2027.
Under the new law, nonmedical practitioners who obtain a tattoo artist license will be allowed to perform tattoo procedures. But until the law officially takes effect, tattoo procedures by nonmedical practitioners technically remain prohibited.
Korea is currently under a grace period, and lower courts have issued conflicting rulings.
Some lower courts have acquitted tattoo artists after accepting arguments that tattoo procedures do not constitute medical practice. But there are other courts that have continued to issue guilty verdicts.
However, Thursday’s ruling overturns the Supreme Court’s longstanding precedent of treating cosmetic tattoo procedures by nonmedical practitioners as punishable unlicensed medical practice.
The Supreme Court first established the precedent in May 1992, ruling that eyebrow tattoo procedures constituted a “medical practice that may pose risks to public health and sanitation if not performed by medical personnel.”
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
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