Osaka– An Osaka tattoo artist was condemned Wednesday of breaking the Medical Practitioners’ Law in a case that drew global focus on Japan’s tattoo culture.
Osaka District Court Judge Takaaki Nagase ruled that tattoo artist Taiki Masuda, based in Suita, Osaka Prefecture, had broken the law when he drew tattoos on 3 people in 2014 and 2015, because making use of a tattoo needle was a kind of medical work and not, as Masuda had firmly insisted, a type of art and self-expression.
” With tattoo treatment, medical understanding and abilities are essential to adequately understand the risks and perform adequate judgments and steps,” the judgment stated. “Therefore, unless performed by a medical professional, there is a threat to health and no assurance of sanitation, making this a medical activity.”.
The judgment leaves concerns over the fate of other comparable facilities.
Masuda informed press reporters after the judgment that he prepared to appeal the choice.
” I do decline this judgment. I’m practicing art and tattooing belongs of standard Japanese culture,” he stated.
The case happened after Masuda chose to appeal an earlier order by the Osaka Summary Court to pay a fine of ¥ 300,000 for breaking the Medical Practitioners’ Law, which prohibits anybody besides certified medical professionals from participating in “medical practices.”.
A 2001 notification released by the Health, Labor, and Welfare Ministry stated that, as there was a threat due in regard to public health and sanitation, tattooing, laser hair elimination and chemical peel treatments can just be performed by certified physicians.
Masuda, nevertheless, argued that they were a kind of self-expression which rejecting him the right to run a tattoo parlor broke Articles 13, 21, and 22 of the Constitution.
Short article 13 warranties that people will be appreciated as people which their right to life, liberty, and the pursuit of joy shall, to the degree that it does not interfere with the public well-being, get a supreme factor to consider in legislation. Post 21 warranties liberty of speech and all types of expression and Article 22 offers all the right to pick their profession to the degree that it does not interfere with the general public well-being.
The court declined his claims that the Medical Practitioners’ Law broke Article 22 while stating that positioning a tattoo on somebody else was an unsafe activity not within the bounds of Article 21, though putting a tattoo on your body was.
The court also stated that it was rational to have a license for tattooing when thinking about the health and sanitation elements, and for that reason not in the offense of Article 13.
The judgment bought Masuda to pay just a ¥ 150,000 fine, half the initial ¥ 300,000 levy. His legal group was uncertain of the specific factor for the choice, although the judge did note that Masuda made efforts to maintain the health and sanitation of his shop so maybe the judge had chosen to take a lax method.
Michiko Kameishi, one of Masuda’s chief attorneys, including that any fine was of issue.
” The point is not whether he needed to pay even ¥ 10,000 but that the judgment was unreasonable. He should not have needed to pay anything,” Kameishi stated.