미용서비스와 의료행위의 경계에 관한 고찰 - 문신행위에 대한 일본 최고재판소 결정의 시사점과 우리나라 소비자 인식 변화를 중심으로 -

The Korean government announced on October 2019 that it would allow semi-permanent makeup treatments to be performed in beauty businesses such as skin care salons and beauty salons through tattoos on eyebrows and eyeline areas in the future. Semi-permanent make-up is a type of tattoo, and the Supreme Court of Korea considers it to be a medical practice, as it is regarded as one of cosmetic plastic surgery. Therefore, tattooing by a non-doctor at a beauty business is an unlicensed medical practice and will result in criminal penalties for violating the medical law. Nevertheless, the government has emphasized the aspect that tattoo procedures are low in health and hygiene risks, and cosmetic tattoo procedures are not performed by medical personnel at medical institutions, so that what is done in beauty shops meets the needs of consumers. In addition, the National Assembly also proposed a Tattooist bill to legalize tattooing and to exclude tattooing from medical practice. Japan has long adhered to the position of tattoos as belonging to the category of medical practices as in Korea. However, through the decision of the Supreme Court on September 16, 2020, it is difficult to admit that tattooing by tattooists is an activity that belongs to medical practice, so it has been determined that it is not a medical practice. In Korea, discussions on how to determine the boundary between beauty services such as beauty tattoos and medical practices continues, and when it is necessary to draw conclusions based on the formation of a consensus centered on the consumers. However, taking into account that the tattoo procedure has the potential to cause physical and health risks to consumers, a system that allows doctors to actively intervene in case of side effects after tattooing is required.