문신시술과 민사책임에 관한 연구
A Study on Tattoos and Civil Liability
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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.
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