Research Report
Ⅰ. Background and Purpose
□ States' burden regarding the space debris risk
○ While international obligation does not matter regarding the space debris mitigation, the needs exists for acting in accordance with the international effort to mitigate the space debris.
○ Government is expected to take the responsibility for the damage caused by the space debris the nationality of which is identified without insurance coverage.
□ It is hard to expect to get financial compensation about the space debris damage
○ It is expected to face great difficulties in pursuing the international responsibility and tort liability for space debris damage because of unknown nationality of space debris and fragments.
□ Increasing number of korean space activity has made necessary to assume legislative effort about the space debris risk.
Ⅱ. Main Contents
□ Legal status of space debris and its regulation
○ Space debris generation is not illegal per se.
○ There exists controversy about whether space debris generation hindering space access is illegal or not.
○ There exists controversy about whether international consultation duty should apply to the space debris generation matter.
□ Space debris collision avoidance and responsibility
○ There exists controversy about whether the space debris belongs to the concept of space object defined in the 1972 responsibility treaty.
○ Domestic regulations in the case of U.S.A and France have some provisions excluding the state financial assistance regarding the damage caused by the space object beyond nominal normal operations.
□ Space debris mitigation regulation
○ IADC guidelines and UN COPUOS guidelines have no binding forces.
○ It is claimed that the contents of the guidelines are insufficient for assuring the space debris mitigation.
□ Industry standards regarding the space debris mitigation
○ Industry standards has no binding forces.
○ There exists controversy about the sufficient rationale for setting the industry standards.
Ⅲ. Expected Effect
□ This study may be used for legislative effort for space debris.
□ This study may be used for assuring the preparedness with respect to the adoption of international standards.
□ This study may be used for implementing the remedy process regarding the space debris damage.