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KMID : 1234820220230010149
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Korean Society of Law and Medicine
2022 Volume.23 No. 1 p.149 ~ p.176
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Critical Review and Alternatives to the Decriminalization of Tattooing
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Shim Young-Joo
Lee Sang-Han
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Abstract
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South Korean law strictly prohibits engagement in medical activities by non-medical practitioners. In the country, tattooing is classified as a medical practice, and non-medical practitioners who engage in it are penalized because they are unauthorized to carry out this procedure. In reality, however, people rarely seek tattooing services from medical personnel. Arguing that their freedom of job selection is violated, non-medical personnel who make a living as tattoo artists reject the characterization of the procedure as a form of medical treatment and demand the decriminalization of tattooing by non-medical practitioners. Nevertheless, tattooing can cause health- and hygiene-related dangers when it is not performed by medical professionals because it involves penetration into the skin using needles. Hence, stringent management is necessary for infection prevention. The gap between reality and the law gives rise to the need for proactive thinking about the institutionalization of tattoo practice by non-medical personnel. Policymakers should reflect on the fact that only minimal tattooing services are currently performed by medical staff while also accounting for health and safety. On this basis, this study examined tattoo-related legislation in South Korea to determine whether the procedure corresponds to medical practice and identify ways to solve problems that occur from the perspective of health care. As a response that promotes safety and reflects reality, this research proposed a three-phase approach.
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KEYWORD
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Tattoo treatment, Medical practice, Decriminalization, Consent of Victim, Social Rule in Article 20 of the Criminal Act, Justifiable behavior in Article 20 of the Criminal Act
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