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A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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The Concept of the 'Launching State' Revisited (발사국의 개념재고)

  • Aoki, Setsuko
    • The Korean Journal of Air & Space Law and Policy
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    • v.15
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    • pp.123-145
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    • 2002
  • Commercialization and privatization of outer space has been developing to the extent that public space law regime established at the UN seems to be somewhat incompatible with the today' s commercial launching services. Thus, this paper analyzes, at first, the UN space treaties to specify the obstacles for promoting commercial use. The necessity of some covert amendment of UN treaties is suggested through the national space legislation. Then three state practices are examined to propose a new concept of the "launching state" including the Sea Launch project, since the concept of the "launching state" is of the major importance to enact an effective national act to better accommodate UN space treaties to the present necessity.

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The compensation for damage by space accidents (우주손해배상법에 관한 약간의 고찰)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.3-25
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    • 2007
  • In 2002 Republic of Korea successfully launched a self-made mined proportion rocket and it is expected that she will be able to have own space launching system by 2010. According to Article 14 of the Space Exploration Promotion Act, a new law should be established to impose the limit of compensation for the damage by space accident. Therefore, The Space Accident Liability Act was passed in Korean Congress on Nov. 22, 2007 and it will be enforced in six months. The purpose of this Act is to provide reparation for the damage of the third parties that a launch causes; and the Commonwealth should be insured against any possible space accidents to pay for such a damage. Here space accident means the damages to our life, body, and properties from the launching of space objects. There should be an actual loss to establish the compensation of Liability Act. Article 2 in Liability Act defines "damage" as follows: the term "damage" means loss of life, personal injury or loss of or damage to property of persons. Physical and material damages are included in the conception of damage. The meaning of a launching includes any test launch and launch for a real arrangement which will ultimately provides a wide range of compensation. Article 4 indicates that absolute liability should be imposed in compensating for damage by space accidents. Article 4 also indicates that a launching party should be absolutely liable to compensate for the damage caused by its space object on the surface of the Earth. In general, liability stands where fault is. But if the activity is ultra-hazardous and causes serious harm, the individual needs to compensate for the damage unlimitedly. Because of the many launchings for the Seattleite launching, a launching organization is obligated to the liability insurance in preparation for the space accidents. According to the Article 6 of Space Accident Liability Act, to be insured for the compensation for damage is obligatory. It says: "In accordance with Article 11 in the Space Exploration Promotion Act, the person who wants to receive an approval f3r launching needs to be insured in compensation for the possible damage by space accidents.

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The Liability for Damage and Dispute Settlement Mechanism under the Space Law (우주법상 손해배상책임과 분쟁해결제도)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.173-198
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    • 2010
  • The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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Thrust Profile Prediction for a Vertical Launching Missile using Similarity Law (상사법칙을 이용한 수직발사 유도탄 추력곡선예측)

  • Cho, Sung-Jin;Kim, Eul-Gon;Ahn, Jo-Young
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.37 no.1
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    • pp.55-61
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    • 2009
  • In this paper, a thrust prediction method for a developing vertical launching missile is proposed through considering a verified vertical launching missile(a baseline missile) as a model. In order to predict thrust profile of a developing vertical launching missile, both Similarity law and Pi theory are applied to the model. By comparing prediction results based on the 6-DOF program of a baseline missile with simulation results of a developing vertical launching missile, the proposed method has been indirectly verified.

Research on the Necessity of Building the Second Space Rocket Launching Sites for Breakthrough Development of R.O.K National Space Power (도약적 국가 우주력 발전을 선도할 제2 우주센터 구축 필요성 연구)

  • Park, Ki-tae
    • Journal of Space Technology and Applications
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    • v.2 no.2
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    • pp.146-168
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    • 2022
  • Witnessing current military conflicts in South China Sea and Eastern Europe, most defense analysts evaluate one of the most serious security threat toward the US is coming from the superpower competitions with Russia and China. The main means for such super power hegemonic competitions is military power and space power is a key enabler to maximize the efficiency and effectiveness of military employment. Reflecting above circumstances, the space hegemonic competition between the Unites States and China is spreading into all aspects of national powers. Under such an environment, R.O.K needs to significantly develop national space power to preserve life and assets of people in space. On the other hand, the R.O.K has a lot of limitations in launching space assets into orbits by land-based space rockets due to its geographic locations. The limitation of rocket launching direction, the failure to secure a significant area enough to secure safety and the limitation to secure open area enough to build associated facilities are among them. On this paper, I will suggest the need to build the 2nd space rocket launching site after analyzing a lot of short-falls the current 'Naro' space center face, compared to those of advanced space powers around the world.

System Trade Study of the Air-launching Rocket Using Sequential Optimization Technique (순차적 최적화를 이용한 공중발사 로켓 시스템 대안 분석)

  • Choi, Young-Chang;Lee, Jae-Woo;Byun, Yung-Hwan
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.33 no.9
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    • pp.41-47
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    • 2005
  • Conceptual design process is defined for the air-launching rocket by including analysis modules like mission analysis, staging, propulsion analysis, configuration, weight analysis, aerodynamics analysis and trajectory analysis. As a result of the conceptual design, the supersonic(M=1.5) air-launching rocket with hybrid engine for first stage propulsion system is designed. For the best system alternative selection, trade study for the 1st stage engine type and launching speeds using sequential optimization and confirming feasibility of baseline air-launching rocket has been performed. As a result of trade study, all alternatives are competitive in total weight and show only small difference in total weight per unit payload weight. Therefore, it is confirmed that the baseline air-launching rocket which has advantage in system safety especially in supersonic launching is feasible.

Optimal Design to Improve Launch Velocity of Coilgun Launching System (코일건 발사 시스템의 발사속도 향상을 위한 최적설계)

  • Park, Chang Hyung;Kim, Jin Ho
    • Journal of the Korean Society of Manufacturing Process Engineers
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    • v.17 no.5
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    • pp.131-136
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    • 2018
  • Research on space development and satellites is being actively pursued. An interesting field is the study of reliable low-cost space launch vehicles. Since chemical fuel-based launching systems are expensive and take a lot of time and cost to maintain, the EML system, which is an electromagnetic force launching apparatus, is attracting attention. The EML system converts electrical energy stored in a capacitor into magnetic energy, and converts magnetic energy into mechanical kinetic energy, thereby accelerating the projectile. Although studies are actively conducted in the field, it is difficult to solve the equation because the impedance and speedance change with time and the nonlinearity is strong. Many researchers have solved this equation in a variety of methods. In this paper, the velocity analysis of the projectile was carried out by FEM (finite element method) using the commercial electromagnetic analysis program MAXWELL.

Optimal Supersonic Air-Launching Rocket Design Using Multidisciplinary System Optimization Approach (다분야 최적화 기법을 이용한 공중발사 로켓 최적설계)

  • Choi, Young-Chang;Lee, Jae-Woo;ByUn, Yung-Hwan
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.33 no.12
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    • pp.26-32
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    • 2005
  • Compared with the conventional ground rocket launching, air-launching has many advantages. However, a comprehensive and integrated system design approach is required because the physical geometry of air launch vehicle is quite dependent on the installation limitation of the mother plane. The system design has been performed using two different approaches: the sequential optimization and the multidisciplinary feasible(MDF) optimization method. Analysis modules include mission analysis, staging, propulsion analysis, configuration, weight analysis, aerodynamics analysis and trajectory analysis. MDF optimization shows better results than the sequential optimization. As a result of system optimization, a supersonic air launching rocket with total mass of 1244.91kg, total length of 6.36m, outer diameter of 0.60m and the payload mass of 7.5kg has been successfully designed.