• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.427-468
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• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• Economic and Environmental Geology
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• v.44 no.1
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• pp.83-94
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• 2011

Extra heavy oil reservoirs are distributed over the world but most of them is deposited in the northern part of the Orinoco River in Venezuela, in the area of 5,500 $km^2$, This region, which has been commonly called "the Orinoco Oil Belt", contains estimated 1.3 trillion barrels of original oil-in-place and 250 billion barrels of established reserves. The Venezuela extra heavy oil has an API gravity of less than 10 degree and in situ viscosity of 5,000 cP at reservoir condition. Although the presence of extra heavy oil in the Orinoco Oil Belt has been initially reported in the 1930's, the commercial development using in situ cold production started in the 1990's. The Orinoco heavy oil deposits are clustered into 4 development areas, Boyaco, Junin, Ayachoco, and Carabobo respectively, and they are subdivided into totally 31 production blocks. Nowadays, PDVSA (Petr$\'{o}$leos de Venzuela, S.A.) makes a development of each production block with the international oil companies from more than 20 countries forming a international joint-venture company. The Eastern Venezuela Basin, the Orinoco Oil Belt is included in, is one of the major oil-bearing sedimentary basins in Venezuela and is first formed as a passive margin basin by the Jurassic tectonic plate motion. The major source rock of heavy oil is the late Cretaceous calcareous shale in the central Eastern Venezuela Basin. Hydrocarbon materials migrated an average of 150 km up dip to the southern margin of the basin. During the migration, lighter fractions in the hydrocarbon were removed by biodegradation and the oil changed into heavy and/or extra heavy oil. Miocene Oficina Formation, the main extra heavy oil reservoir, is the unconsolidated sand and shale alternation formed in fluvial-estuarine environment and also has irregularly a large number of the Cenozoic faults induced by basin subsidence and tectonics. Because Oficina Formation has not only complex lithology distribution but also irregular geology structure, geological evolution and characteristics of the reservoirs have to be determined for economical production well design and effective oil recovery. This study introduces geological formation and evolution of the Venezuela extra heavy oil reservoirs and suggest their significant geological characteristics which are (1) thickness and geometry of reservoir pay sands, (2) continuity and thickness of mud beds, (3) geometry of faults, (4) depth and geothermal character of reservoir, (5) in-situ stress field of reservoir, and (6) chemical composition of extra heavy oil. Newly developed exploration techniques, such as 3-D seismic survey and LWD (logging while drilling), can be expected as powerful methods to recognize the geological reservoir characteristics in the Orinoco Oil Belt.

• Journal of the Korean Society of Groundwater Environment
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• v.6 no.2
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• pp.59-65
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• 1999

Both the groundwater changes due to different pumping rates and the geochemistry of thermal waters in the Suanbo area are considered in this study. The observation of groundwater level change since 1991 shows that the change is directly correlated with pumping rates of thermal waters and reveals the retardation of ca. 5 weeks after pumping. The hydrogeological aquifer in the area is under reducing condition. The thermal waters are of Na-HCO$_3$ type. and are alkaline (pH=8.5∼8.7) with low TDS values (274∼284 mg/l) and high concentrations of Na (68∼72 mg/l). F (6.4∼8.9 mg/l), and HCO$_3$(136∼146 mg/l). Oxygen and hydrogen isotope ratios of thermal water indicate a meteoric water origin. The activities of Rn-222 and Ra-226 in both thermal water and local groundwater were determined to delineate possible geochemical controls on the Rn-222 and Ra-226. The Rn-222 concentrations are several orders of magnitude greater than the Ra-226 concentrations. The concentrations of Rn-222 range from 190 to 7.490 pCi/1 with an average of 2,522 pCil/l. and those of Ra-226 average 0.32 pCi/1 with the range from 0.25 to 0.42 pCi/1. The concentrations of Rn-222 and Ra-226 are inversely correlated with EC and alkalinity. The pH it positively correlated with Ra-226. The correlation between Rn-222 and Ra-226 is poor. Thermal waters in the study area are produced from highly fractured phyllite. The thermal water qualify. CSAMT (controled-source audiofrequency magnetotelluric) prospecting, and petrological evidences, however, indicate that the heat is possibly transmitted through deep normal faults reaching a deep granite batholith, and the phyllite acts only as a groundwater pathway.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.3-54
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• 2013

Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.261-284
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• 2018

The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.259-294
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• 2013

After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.349-384
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• 2013

The Sputnik 1 launching in 1957 made the world recognize the necessity of international regulations on space development and activities in outer space. The United Nations established COPUOS the very next year, and adopted the mandate to examine legal issues concerning the peaceful uses of outer space. At the time, the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition of the military uses of outer space at the legal section in the COPUOS. Although both countries had common interests in securing the freedom of military uses in outer space. As the social and economic benefits derived from space activities have become more apparent, civil expenditures on space activities have continued to increase in several countries. Virtually all new spacefaring states explicitly place a priority on space-based applications to support social and economic development. Such space applications as satellite navigation and Earth imaging are core elements of almost every existing civil space program. Likewise, Moon exploration continues to be a priority for such established spacefaring states as China, Russia, India, and Japan. Recently, Companies that manufacture satellites and ground equipment have also seen significant growth. On 25 February 2012 China successfully launched the eleventh satellite for its indigenous global navigation and positioning satellite system, Beidou. Civil space activities began to grow in China when they were allocated to the China Great Wall Industry Corporation in 1986. China Aerospace Corporation was established in 1993, followed by the development of the China National Space Administration. In Japan civil space was initially coordinated by the National Space Activities Council formed in 1960. Most of the work was performed by the Institute of Space and Aeronautical Science of the University of Tokyo, the National Aerospace Laboratory, and, most importantly, the National Space Development Agency. In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012 Japan passed the Partial Revision of the Cabinet Establishment Act, which restructured the authority to regulate Japanese space policy and budget, including the governance of the JAXA. Under this legislation, the Space Activities Commission of the Ministry of Education, Culture, Sports, Science, and Technology, which was responsible for the development of Japanese space program, will be abolished. Regulation of space policy and budget will be handed over to the Space Strategy Headquarter formed under the Prime Minister's Cabinet. Space Strategy will be supported by a Consultative Policy Commission as an academics and independent observers. By revoking Article 4 (Objectives of the Agency) of a law that previously governed JAXA and mandated the development of space programs for "peaceful purposes only," the new legislation demonstrates consistency with Article 2 of the 2008 Basic Space Law. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressive military use of space. New legislation is the culmination of a decade-long process that sought ways to "leverage Japan's space development programs and technologies for security purposes, to bolster the nation's defenses in the face of increased tensions in East Asia." In this connection it would also be very important and necessary to create an Asian Space Agency(ASA) for strengthening cooperation within the Asian space community towards joint undertakings.

• Journal of the Korean Geosynthetics Society
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• v.20 no.2
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• pp.23-33
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• 2021

In Korea, many reservoirs have been built for the purpose of solving the food shortage problem and supplying agricultural water. However, the current 75.6% of the reservoirs are in serious aged as more than 50 years have passed since the year of construction. In the case of such an aging reservoir, the stability due to scour and erosion inside the reservoir is very reduced, and if concentrated rainfall due to recent abnormal weather occurs, the aging reservoir may collapse, leading to a lot of damage to property and human life. Accordingly, each agency that manages aging reservoirs uses Ordinary Portland Cement (OPC) as an injection material and applies the grouting method. However, in the case of OPC, it may deteriorate over time and water leakage may occur again. And there are environmental problems such as consumption of natural resources and generation of greenhouse gases. So, there is a need to develop new materials and methods that can replace the OPC. In this study, an laboratory test and analysis were performed on the grout material developed to induce a curing reaction similar to that of OPC by recycling power plant byproduct. In addition, test in the field such as electric resistivity survey, Standard Penetration Test (SPT), and field permeability test were performed to analyzed to reinforcement effect and determine the possibility of using instead of OPC. As a results of the test, in the case of recycled power plant byproduct, the compressive strength was 2.9 to 3.2 times and the deformation modulus was 2.3 to 3.3 times higher, indicating that it is excellent in strength and can be used instead of OPC. And it was analyzed that the N value of the reservoir was increased by 1~2, and the coefficient of permeability (k) decreased to the level of 8.9~42.5%. showing sufficient reinforcing effect in terms of order.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.135-183
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• 2003

Aerospace force is a determining factor in a modem war. The combat field is expanding to space. Thus, the legitimacy of establishing aerospace force is no longer an debating issue, but "how should we establish aerospace force" has become an issue to the military. The standard limiting on the military use of space should be non-aggressive use as asserted by the U.S., rather than non-military use as asserted by the former Soviet Union. The former Soviet Union's argument is not even strongly supported by the current Russia government, and realistically is hard to be applied. Thus, the multi-purpose satellite used for military surveillance or a commercial satellite employed for military communication are allowed under the U.S. principle of peaceful use of space. In this regard, Air Force may be free to develop a military surveillance satellite and a communication satellite with civilian research institute. Although MTCR, entered into with the U.S., restricts the development of space-launching vehicle for the export purpose, the development of space-launching vehicle by the Korea Air Force or Korea Aerospace Research Institute is beyond the scope of application of MTCR, and Air Force may just operate a satellite in the orbit for the military purpose. The primary task for multi-purpose satellite is a remote sensing; SAR sensor with high resolution is mainly employed for military use. Therefore, a system that enables Air Force, the Korea Aerospace Research Institute, and Agency for Defense Development to conduct joint-research and development should be instituted. U.S. Air Force has dismantled its own space-launching vehicle step by step, and, instead, has increased using private space launching vehicle. In addition, Military communication has been operated separately from civil communication services or broadcasting services due to the special circumstances unique to the military setting. However, joint-operation of communication facility by the military and civil users is preferred because this reduces financial burden resulting from separate operation of military satellite. During the Gulf War, U.S. armed forces employed commercial satellites for its military communication. Korea's participation in space technology research is a little bit behind in time, considering its economic scale. In terms of budget, Korea is to spend 5 trillion won for 15 years for the space activities. However, Japan has 2 trillion won annul budget for the same activities. Because the development of space industry during initial fostering period does not apply to profit-making business, government supports are inevitable. All space development programs of other foreign countries are entirely supported by each government, and, only recently, private industry started participating in limited area such as a communication satellite and broadcasting satellite, Particularly, Korea's space industry is in an infant stage, which largely demands government supports. Government support should be in the form of investment or financial contribution, rather than in the form of loan or borrowing. Compared to other advanced countries in space industry, Korea needs more budget and professional research staff. Naturally, for the efficient and systemic space development and for the prevention of overlapping and distraction of power, it is necessary to enact space-related statutes, which would provide dear vision for the Korea space development. Furthermore, the fact that a variety of departments are running their own space development program requires a centralized and single space-industry development system. Prior to discussing how to coordinate or integrate space programs between Agency for Defense Development and the Korea Aerospace Research Institute, it is a prerequisite to establish, namely, "Space Operations Center"in the Air Force, which would determine policy and strategy in operating space forces. For the establishment of "Space Operations Center," policy determinations by the Ministry of National Defense and the Joint Chief of Staff are required. Especially, space surveillance system through using a military surveillance satellite and communication satellite, which would lay foundation for independent defense, shall be established with reference to Japan's space force plan. In order to resolve issues related to MTCR, Air Force would use space-launching vehicle of the Korea Aerospace Research Institute. Moreover, defense budge should be appropriated for using multi-purpose satellite and communication satellite. The Ministry of National Defense needs to appropriate 2.5 trillion won budget for space operations, which amounts to Japan's surveillance satellite operating budges.