Partial Unconstitutional Clauses in the Korean Public Sanitation Administration Law

Hwang, Ji Hwan; Hann, Seung Kyung; Wang, Sang Han

Abstract

In 2007, the Public Sanitation Administration Law in Korea was partially amended to subdivide cosmetology into general and skin cosmetology. Thus starting from 2008, a skin cosmetology qualification requirement license was newly created in Korea. Instead of improving the health standards concerning public health, the amendments have exaggerated the monopolistic right of trade of the Korean Central Esthetician's Association with the assistance of the Division of Sanitary Policy in the Korean Ministry for Health. In addition, the amended ordinances stipulate that cosmetologists can analyze skin conditions, hence allowing medical diagnostic procedures by non-medical personnel which has serious health problems causing serious conflict with Korean Medical Law. Legislation precedents from around the world demonstrate that medical supervision by physicians is absolutely necessary with fastidious requisitions in order to safeguard public health. However, in Korea there is a subversive attempt by some esthetician groups to limit the employment of estheticians by medical institutions in order to safeguard their private privileges. The newly amended Public Sanitation Administration Law should be revised in order to preserve the fundamental rights of the people, to enhance public health, and to uphold the well being of the people instead of catering to special interest groups.