Sep 28, 2017 (Japan Times) - An Osaka tattoo artist was found guilty Wednesday of violating the Medical Practitioners’ Law in a case that drew international attention to Japan’s tattoo culture.
Osaka District Court Judge Takaaki Nagase ruled that tattoo artist Taiki Masuda, based in Suita, Osaka Prefecture, had violated the law when he drew tattoos on three individuals in 2014 and 2015, because the use of a tattoo needle was a form of medical work and not, as Masuda had insisted, a form of art and self-expression.
"With tattoo treatment, medical knowledge and skills are indispensable in order to sufficiently understand the dangers and carry out sufficient judgments and measures," the ruling said. "Therefore, unless carried out by a doctor, there is a danger to health and no guarantee of sanitation, making this a medical activity."
The ruling leaves questions over the fate of other similar establishments.
Masuda told reporters after the ruling that he planned to appeal the decision.
"I do not accept this ruling. I'm practicing art and tattooing is a part of traditional Japanese culture," he said.
The case came about after Masuda decided to appeal an earlier order by the Osaka Summary Court to pay a fine of ¥300,000 for violating the Medical Practitioners' Law, which forbids anyone other than licensed doctors from engaging in "medical practices."
A 2001 notice issued by the Health, Labor, and Welfare Ministry said that, as there was a danger due in terms of public health and sanitation, tattooing, laser hair removal and chemical peel treatments can only be carried out by licensed doctors.
Masuda, however, argued that they were a form of self-expression and that denying him the right to operate a tattoo parlor violated Articles 13, 21, and 22 of the Constitution.
Source: ANNnewsCH
