KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and Purpose of Research

▶ Growth of Private Sector-led Space Activities

○ Although the government has traditionally led the space industry, the transition to "New Space" has accelerated in recent years, with private corporations taking the lead in space development.

○ Currently, space development projects led by private corporations are being carried out in various forms, and the demand for satellite launches and space transportation is expected to increase further in the coming years. Therefore, it is necessary to promote space development projects while simultaneously addressing the lack of regulations on private space activities as stipulated in international space treaties.

▶ Government Policy on Promoting Emerging Industries

○ The government is establishing a plan to strengthen support for fostering a private sector-led space industry ecosystem. By actively reflecting the views of companies that are struggling to enter the market and addressing challenges in a swift and effective manner, it aims to stimulate the growth of new industries.

○ The government is working to develop the aerospace industry more efficiently and to implement the related policies by integrating the space-related policies and international cooperation functions (previously managed by the Ministry of Science and ICT) with the aviation policy planning and development functions (formerly under the Ministry of Trade, Industry, and Energy) - previously dispersed among diverse government departments - into the newly established Korea Aerospace Administration, and by incorporating the Korea Aerospace Research Institute and the Korea Astronomy and Space Science Institute as affiliated organizations under the Korea Aerospace Administration.

▶ Increasing Need for the Registration of Space Objects

○ When an artificial space object is launched, it is identified via a registration process. Regardless of whether the object is launched by a public or private entity, the state—referred to as the "registering state"—is responsible for registering the object. According to the principle of international space law, the registering state is responsible for launching and operating space objects.

○ The Space Development Promotion Act of Korea, enacted pursuant to the Outer Space Treaty and the Registration Convention, mandates both domestic and international registration of artificial space objects. The Act, however, provides only broad and abstract provisions for domestic registration—including preliminary and final registration—making it difficult to address specific issues such as the scope of objects subject to registration, registration deadlines, and related procedures.

▶ This study aims to improve the current registration and management system for artificial space objects by analyzing its scope, deadlines, and procedures under the Space Development Promotion Act, which was enacted to implement the UN Registration Convention.

 

Ⅱ. Main Contents

▶ Significance of the Registration System for Artificial Space Objects

○ Necessity of Registering Artificial Space Objects

– The need to register space objects originated from considerations of safety. As the number of space objects launched into outer space continues to grow, concerns have been raised about the possible saturation of certain orbits in the future, particularly the geostationary orbit. The increase in space activities has also given rise to the obligation for states to coordinate their satellite launches in order to avoid collisions in certain regions of outer space.

○ International Norms on the Registration of Space Objects (1): Outer Space Treaty

– The Outer Space Treaty includes all nations that actively engage in space activities as signatories, and its principles are implemented through domestic legislation. Therefore, it can be regarded as the fundamental legal framework governing humanity’s collective activities in space. 

– The Treaty, which consists of a preamble and seventeen articles, sets forth a number of key principles including the freedom of space activities, the non-appropriation of outer space, the peaceful use of outer space, the rescue of astronauts, the international responsibility of the signatories regarding their space activities, and their registration of and jurisdiction over space objects.

○ International Norms on the Registration of Space Objects (2): Rescue Agreement

– This Agreement, comprising a preamble and ten articles, outlines the various obligations of the contracting states, which include the following: the obligation to notify in the event that an astronaut is in distress; the obligation to rescue and provide assistance to astronauts in distress; the obligation to return rescued astronauts to their home country; and the obligation to inform, recover, and return fallen space objects.

○ International Norms on the Registration of Space Objects (3): Liability Convention

– This Convention, which consists of a preamble and twenty-eight articles, sets forth a definition of damages, and stipulates the absolute liability of a state that launches a space object, the negligence liability of a launching state, the joint liability of a launching state, claims for damages against a launching state, the amount of damages to be paid by a launching state, and the establishment of a compensation claims committee.

○ International Norms on the Registration of Space Objects (4): Registration Convention

– This Convention was signed on January 14, 1975 and entered into force on September 15, 1976. The Republic of Korea promulgated the Convention as Agreement No. 761 on October 15, 1981, and it took effect on the same day. In line with this, the “Space Development Promotion Act” was enacted in 2005. This Convention consists of a preamble and twelve articles, which stipulate the obligation of a launching state to register and notify the UN Secretary-General of the launch of a space object, and the obligation of the UN Secretary-General to maintain the register, and the obligation of the registering state to provide information about registered space objects.

○ Among other UN recommendations, the United Nations Office for Outer Space Affairs (UNOOSA), which serves as the Secretariat of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS), provides guidance on national space laws and policies, including the legal and administrative frameworks that member States are encouraged to establish.

▶ Legislative Frameworks for Space Object Registration in Major Countries

○ United States

– The United States’ federal regulation concerning the registration of space objects is codified in 14 CFR §450.217(Registration of Space Objects), which is part of the regulatory framework established under Title 51 of the United States Code relating to commercial space launches. Under this regulation, the licensee of a launch vehicle must submit the necessary information to the Federal Aviation Administration (FAA) regarding the information required for all objects placed in space, including the launch vehicle and its components for the licensed launch.

○ France

– The French space law system is structured around two main pillars: the growth of commercial space activities and the fulfillment of international obligations. These principles are set forth in the French Law on Space Operations (Loi n° 2008-518 du 3 juin 2008 relative aux opérations spatiales), which was enacted on 3 June 2008. This law establishes a national system for the authorization and supervision of space activities, and also contains provisions designed to ensure the safety of such activities, protect the environment, and impose liability for damages inflicted on third parties.

○ Russia

– Russia has enacted regulations governing its space activities, including the Federal Law on Space Activities (Law No. 5363-1; enacted on August 20, 1993). Article 17, Paragraph 1 of this law stipulates that space objects of the Russian Federation must be registered and bear markings that certify their affiliation with the Russian Federation. As a result, space objects are required to be registered with the state.

○ United Kingdom

– The United Kingdom regulates space activities primarily through the Outer Space Act (1986) and the Space Industry Act (2018), which provide a clear legal framework for such activities. Section 61 of the Space Industry Act contains provisions about the launch register, and stipulates that the Secretary of State must maintain a register of launches made from launch sites in the United Kingdom.

○ China

– China’s “Procedure for the Registration and Management of Space Objects” has been established pursuant to the Convention on the Registration of Space Objects. This procedure is considered a highly operational regulatory procedure within China's space law system. Although its legal status is lower than that of laws or administrative regulations, due to the absence of higher-level legislation, it plays a crucial role in regulating the registration of space objects within China and in ensuring compliance with international obligations.

○ Japan

– In 2016, Japan enacted the “Act on the Launch and Management of Satellites” in order to establish a legal and institutional framework for space development and the space industry. However, specific regulations on the registration of space objects are difficult to find at the legislative level. Instead, detailed provisions on the registration of space objects are set forth in detail in the “Manual for Reporting the Registration of Space Objects.”

○ Implications

– It has been confirmed that different countries have taken different legal and administrative approaches to implementing the registration convention, which is an international legal obligation. The United States, France, and Russia clearly stipulate in their statutes or subordinate regulations that they will implement a registration system to enforce the registration convention. However, Japan and China indirectly mention their compliance with the registration convention in their statutes on the launch and management of artificial satellites.

- Most countries, including the United States, France, and Japan, impose the obligation to register space objects on entities that obtain the relevant country's permit or license for space activities. It is evident that their space object registration system is understood to be an extension of their launch license or permit system, rather than an independent system existing in itself.

▶ Registration of artificial space objects under the current “Space Development Promotion Act”

○ Registration System in General

– The registration of artificial space objects can be said to have a complex nature in that it differs from the form of registration specified under existing administrative statutes. In fact, the preliminary registration system is not mentioned at all in the laws and regulations related to the registration of artificial space objects in these major foreign countries.

– Preliminary registration has the nature of not only a preliminary decision on the (main) registration, but also that of an internal approval for launch permits. Therefore, it is a unique step-by-step administrative action that combines both internal approval and prior decision, making it a type of multi-step administrative action.

– It is necessary to undertake a fundamental review of whether the two-step registration system should be maintained at all, as it can be seen as a double- regulation action when one considers that the preliminary registration includes a weak licensing function.

○ Registration Entities

– The entities responsible for preliminary registration include both Korean nationals who intend to launch an artificial space object and non-Korean nationals with the same intent. The main registration entity is whichever individual or entity completes the preliminary registration.

– Although satellites are manufactured through the division of labor of various entities, the international space law has a clause which stipulates that only “one” organization (company) can ultimately register a space object. As such, the current regulation concerning those who intend to launch a space object by the stage of participation or by segmentation  is judged to be rather meaningless.

○ Space Objects Subject to Registration

- Article 8, Paragraph 1 on the registration of artificial space objects excludes “space launch vehicles” from the category of artificial space objects subject to registration. However, the legislation of many foreign countries naturally includes space launch vehicles in the category of artificial space objects subject to registration. Therefore, it is judged to be inappropriate to exclude space launch vehicles from the registration of artificial space objects in the domestic legislation on our international responsibility in this regard.

○ Registration Items and Registration of Changes

- Preliminary registration items include the applicant, the name of the space object, the details to be preliminarily registered, and any changes that are made following preliminary registration. Information such as the launch date and location and the date of orbital insertion applies only in the case of registration.

- A typical case in which changes to the current space object registration are required occurs when a satellite, initially launched using the seller’s own budget, is later transferred to a domestic or international institution or company. In such cases, there is currently no established procedure for transferring the registration title, raising the need for specific processes regarding title transfer or cancellation of registration.

- Once a space object has been registered, it must be managed throughout its entire lifecycle. However, aside from the requirement in Article 9, Paragraph 2 of the Space Development Promotion Act, which stipulates the obligation to notify any changes upon the disposal of a satellite whose service life has expired, there are no detailed procedures. Therefore, it is necessary to establish more concrete procedures for cancelling registration

○ Time limit for Registration

- Those who want to pre-register an artificial space object must pre-register with the Director of the Aerospace Administration at least 180 days before the scheduled launch date. However, given the recent trend of developing ever lighter satellites (requiring a development period of less than one year), this provision is no longer suitable as it was originally designed for medium-size and large satellites at the time of its enactment, as they required long development periods (3 to 5 years) or were launched every few years.

- Therefore, it may be considered necessary to abolish the preliminary registration system and instead require main registration only after a satellite has entered orbit. Alternatively, in the case of small satellites, a special exemption could be applied to flexibly shorten the preliminary registration period to less than 180 days.

○ Ensuring Effective Registration

- Article 29 of the Space Development Promotion Act, Article 24 of the Enforcement Decree and the Schedule attached to its Enforcement Decree uniformly impose fines in relation to the registration of artificial space objects. However, it is necessary to insert provisions or criteria for abating the fines depending on the degree of violation or the type of space object.

 

Ⅲ. Expected Effects

▶ It is expected that the outcomes of this research can be used as reference information for developing and legislating policies on the registration and management of artificial space objects in the era of space development.