• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.183-221
• /
• 2013

While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

• Korean Journal of Heritage: History & Science
• /
• v.39
• /
• pp.95-130
• /
• 2006

Japanese government college researchers, including Sekino Tadashi(關野貞), have conducted research studies and collected data, on overall Korean cultural relics as well as Silla tumuli(新羅古墳) in the early modern times under the Japanese imperialistic rule. They were supported by the Meichi government in the early stage of research, by the Chosun government-general, and by their related organizations after Korea was coIonialized to carry out investigations on Korean antiquities, fine arts, architecture, anthropology, folklore, and so on. The objective for which they prosecuted inquiries into Korean cultural relics, including Silla tumuli, may be attributed to the purport to find out such data as needed for the theoretical foundation to justify their colonialization of Korea. Such a reason often showed locally biased or distorted views. Investigations and surveys had been incessantly carried out by those Japanese scholars who took a keen interest in Korean tumuli and excavated relics since 1886. 'Korea Architecture Survey Reports' conducted in 1904 by Sekino in Korea gives a brief introduction of the contents of Korean tumuli, including the Five Royal Mausoleums(五陵). And in 1906 Imanishi Ryu(今西龍) launched for the first time an excavation survey on Buksan Tumulus(北山古墳) in Sogeumgangsan(小金剛山) and on 'Namchong(南塚)' in Hwangnam-dong, which greatly contributed to the foundation of a basic understanding of Wooden chamber tombs with stone mound(積石木槨墳) and stone chambers with tunnel entrance(橫穴式石室墳). The ground plan and cross section of stone chambers made in 1909 at his excavation survey of seokchimchong(石枕塚) by Yazui Seiyichi(谷井第一) who majored in architecture made a drawing in excavation surveys for the first time in Korea, in which numerical expressions are sharply distinguished from the previous sketched ones. And even in the following excavation surveys this kind of drawing continued. Imanishi and Yazui elucidated that wooden chambers with stone mound chronologically differs from the stone chambers with tunnel entrance on the basis of the results of surveys of the locational characteristics of Silla tumuli, the forms and size of tomb entrance, excavated relics, and so forth. The government-general put in force 'the Historic Spots and Relics Preservation Rules' and 'the Historic Spots Survey Council Regulations' in 1916, establishing 'Historic Spots Survey Council and Museum Conference. When museums initiated their activities, they exhibited those relics excavated from tumuli and conducted surveys of relics with the permission of the Chosun government-general. A gold crown tomb(金冠塚) was excavated and surveyed in 1921 and a seobong tomb(瑞鳳塚) in 1927. Concomitantly with this large size wooden chamber tombs with stone mound attracted strong public attention. Furthermore, a variety of surveys of spots throughout the country were carried out but publication of tumuli had not yet been realized. Recently some researchers's endeavors led to publish unpublished reports. However, the reason why reports of such significant tumuli as seobong tomb had not yet been published may be ascribed to the critical point in those days. The Gyeongju Tumuli Distribution Chart made by Nomori Ken(野守健) on the basis of the land register in the late 1920s seems of much significance in that it specifies the size and locations of 155 tumuli and shows the overall shape of tumuli groups within the city, as used in today's distribution chart. In the 1930s Arimitsu Kyoichi(有光敎一) and Saito Tadashi(齋藤忠) identified through excavation surveys of many wooden chamber tombs with stone mound and stone chambers with tunnel entrance, that there were several forms of tombs in a tomb system. In particular, his excavation survey experience of those wooden chamber tombs with stone mound which were exposed in complicated and overlapped forms show features more developed than that of preceding excavation surveys and reports publication, and so on. The result of having reviewed the contents of many historic spots surveyed at that time. Therefore this reexamination is considered to be a significant project in arranging the history of archaeology in Korea.