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학술논문법학논총2012.12 발행KCI 피인용 7

문신시술과 민사책임에 관한 연구

A Study on Tattoos and Civil Liability

남기연(단국대학교)

36권 2호, 447~469쪽

초록

In the past tattoos had a negative image. Recently tattoos has become one of the fashion among young people. Tattoo fashion trend today for young people. Young people express their love by getting tattoos on their bodies. This paper describes civil liability by tattoos in Korea, including the unlicensed acts of medical care, the medical contract and compensate for damage. The Korea Medical law permits medical behaviors for only doctors with medical licensure. The Korea Supreme Court is very strict in interpretation of acts of medical care. Most instances in which there is any contact relating to health with the body and it is within the domain of ‘force applied’, it is determined to be a medical practice. Therefore medical licensure is required for tattoo. This is because unlicensed acts of medical care pose a threat to human life and body as well as public health. Really tattoos can be performed without any restrictions. The main complications of tattoos can be classified into infection. Also tattooist shall be responsible for violation of Explanation Duty illegally. This paper dealt also with the range and limits of compensation for damages responsibility by the Explanation Duty violation.

Abstract

In the past tattoos had a negative image. Recently tattoos has become one of the fashion among young people. Tattoo fashion trend today for young people. Young people express their love by getting tattoos on their bodies. This paper describes civil liability by tattoos in Korea, including the unlicensed acts of medical care, the medical contract and compensate for damage. The Korea Medical law permits medical behaviors for only doctors with medical licensure. The Korea Supreme Court is very strict in interpretation of acts of medical care. Most instances in which there is any contact relating to health with the body and it is within the domain of ‘force applied’, it is determined to be a medical practice. Therefore medical licensure is required for tattoo. This is because unlicensed acts of medical care pose a threat to human life and body as well as public health. Really tattoos can be performed without any restrictions. The main complications of tattoos can be classified into infection. Also tattooist shall be responsible for violation of Explanation Duty illegally. This paper dealt also with the range and limits of compensation for damages responsibility by the Explanation Duty violation.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17252/dlr.2012.36.2.017
분류:
법학

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