Tattoo Shop in Hot Water after Inking 6 Junior High Schoolers

spot_img
spot_img

Most Popular

spot_img

Yancheng City on the coast of our very own Jiangsu Province has been recently the scene for a legal case involving a local tattoo parlour engaged in providing tattoo services to six junior-high schoolers, a case in which the responsibilities of all involved should be well noted.

江苏沿海的盐城市最近发生了一起当地纹身店为六名初中生提供纹身服务的法律案件,该案涉及各方责任,应予以明确。

It is in fact a case which dates back to May, 2022, when one of the six, a junior-high-school student, was on his 2nd day of the new school year. He saw some tattoos on the bodies of his classmates and felt it to be “very cool”.

事实上,这起案件可以追溯到2022年5月,当时六人中的一名初中生正在新学年的第二天。他看到同学身上有一些纹身,觉得“很酷”。

The boy went on to contact the tattoo parlour involved in the case. That particular establishment later tattooed the lad from his chest to the entire left arm, over six visits to the parlour. 

男孩随后联系了涉案纹身店。后来,这名小伙子去了这家店六次,从胸部到整个左臂,都被这家特定的机构纹身了。

Shanghai-based media outlet, The Paper, reports that the establishment was fully aware the boy was a minor under the age of 14.

上海媒体澎湃新闻报道称,该机构完全清楚该男孩是一名不满 14 岁的未成年人。

Mortified upon finding out about the tattooing, the boy’s mother took her son to a local hospital to have the tattoos removed. She also requested compensation from the tattoo parlour.

男孩的母亲得知纹身后感到羞愧,于是带儿子去当地医院去除纹身。她还向纹身店要求赔偿。

Feeling emboldened, the mother then took the matter to the courts, seeking  a return of the ¥4,100 originally spent on the tattoos by her son, the ¥24,999 spent by her to remove said tattoos, plus compensation for spiritual anguish.

母亲壮起胆子,将此事告上法庭,要求返还儿子原本花在纹身上的4100日元,以及她为去除纹身花费的24999日元,并赔偿精神痛苦。

The parlour, wrongly as it turns out, attempted to argue that the law does not prohibit the tattoo of minors. As such, it was not liable for the tattooing charges, those associated with removing the tattoos or any related to spiritual anguish.

该客厅试图辩称法律并不禁止未成年人纹身,但事实证明这是错误的。因此,它不承担纹身费用、与去除纹身相关的费用或任何与精神痛苦有关的费用。

The court in Dongtai City of Yancheng noted the boy to be a person with limited capacity for civil conduct, his parents lacking advance knowledge of his tattooing and their subsequent resolute opposition.

盐城东台市法院审理认为,男童系限制民事行为能力人,其父母对男童纹身事前不知情,且坚决反对。

It therefore held that the oral agreement reached between the boy and the tattoo parlour was invalid. The establishment knew the identity and age of their client, but failed to identify and understand the motivation and purpose of the tattoo request. It should therefore bear the brunt of the blame and shoulder the main responsibility. 

因此认为,男孩与纹身店达成的口头协议无效。该机构知道客户的身份和年龄,但未能识别和理解纹身请求的动机和目的。因此,它应该首当其冲,承担主要责任。

Nevertheless, the guardian of the boy was also remiss in failing to fully perform their duties as guardian and should therefore also bear some of the blame.

但男孩的监护人也有失职,未能充分履行监护人职责,也应承担一定的责任。

The court arrived at the verdict that the tattoo parlour shall return all expenses and bear compensation for the tattoo-removal procedure to the tune of 60 percent, some ¥14,999, together with ¥3,000 of compensation for spiritual anguish.

法院判决纹身店退还全部费用,并赔偿纹身去除费用的60%,即14999元,并赔偿精神损失费3000元。

Its ruling fell under the “Measures for the Administration of Juvenile Tattoo”, issued in June of last year. It stipulates that no enterprise, organisation or individual shall provide tattoo services to minors and neither shall they coerce, entice or abet minors to engage therein. 

其裁决适用于去年6月颁布的《未成年人纹身管理办法》。规定任何企业、组织和个人不得向未成年人提供纹身服务,不得胁迫、引诱、教唆未成年人从事纹身服务。

Article 17 of the “Law on the Protection of Minors” also stipulates that parents or other guardians shall not commit acts that infringe upon the physical and mental health of minors. Readers of The Nanjinger should therefore note that, even with the consent of parents, tattoo parlours cannot provide tattoo services to minors.

《未成年人保护法》第十七条还规定,父母或者其他监护人不得有侵害未成年人身心健康的行为。因此,《南京人》读者应注意,即使征得家长同意,纹身店也不能向未成年人提供纹身服务。

Magazine Features

OUTRAGEOUS!