Monday, February 5, 2018

Have you done ear/nose piercing in Korea? Here are some legal issues that you may want to think about.

There are many small shops in Korea where you can have your nose or ears pierced.
It is relatively cheap - 3~20 dollars per piercing.

Have you ever thought of getting pierced at those places?
Before you try, please read the Q&A below and think twice.

[Question] I had my ears pierced at a hip piercing shop and had infection. It became so severe, so I had to use my sick days and was hospitalized for a week. The doctor warned that the infection is likely to worsen and can cause ear deformity at the worst case.
I am wondering how I can get compensated for my damage.

[Answer]
First I am sorry to hear your suffering.
In Korea, piercing service done at those piercing shop or accessory shops is illegal. Only the licensed doctors are permitted to provide such services according to Korean laws. Therefore, the shop owner or employee who pierced your ears without license are subject to criminal charges due to violation of Act regarding medical treatment and public health. In addition, since the owner inflicted harm on your ear by piercing without license, and injured you, he will be subject to general criminal law as well.

You can report your damage and his violation to the police station or the prosecutor's office. Then the police or investigator at the prosecutor's office will summon the owner and investigate the case. They may call you in to get your testimony.

In Korea, we have civil lawsuit which embraces torts. Since the owner pierced your ears without license, which is an illegal service, and caused physical damage (infection on your ear, hospitalization, sick days, and etc.), he will be responsible for your physical, psychological and monetary damage.You can be indemnified for damage such as wage loss (if hospitalized), current/future hospital bills, prescription, medicine, and psychological damage (stress, etc). You may need a help of legal profession to prove your loss and suffering.

Depending on the circumstances,you may choose to report the violation and file a lawsuit at the same time or can report the violation and file a lawsuit after he is found guilty. 

If you are hurt after piercing at illegal piercing shop, there is a way to indemnify your damage and recover your loss. Please contact me by leaving a comment below.

I am a Korea license lawyer with US law school experience as well. I have earned my JD and LLM at US law school after practicing law in Korea for several years. I have lived in the States almost 15 years as a foreigner, so I have been there. I can explain Korean legal system to you in a language that you can understand and help you to go through this maze.

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