• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.101-118
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• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.39 no.6
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• pp.567-575
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• 2011

The development of space launch vehicle is an important step to advance to developed countries in the space area. It is also so risky due to necessity of huge costs and longer development period. The accuracy of cost estimation is important to develop a space launch vehicle successfully and efficiently. It is also necessary to estimate production and operation cost in order to develop commercial space launch vehicle possessing competitiveness. In this paper, Korean factors to be able to reflect the current state of workforce, average working hours and technology readiness level in Korea were analyzed to estimate production and operation cost of space launch vehicles that are developed in Korea. Korean factors have been applied to production and operation cost estimation of KSLV-II based on TRANSCOST. We evaluated the competitiveness level of KSLV-II as the commercial launch vehicle in the commercial launch services market by comparing with cost per flight of foreign launch vehicles.

• Journal of the Korean Society of Propulsion Engineers
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• v.23 no.4
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• pp.1-9
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• 2019

Recently, in the space market, there has been a rapid reduction of the launch price. The major reason is that a few commercial companies, especially SpaceX, began to enter into the space market about ten years ago, which has changed the space market from monopolization to competition, and accelerated the adoption of commercial efficiency in the technology and management. Also, the successful landing and recovery of a first stage in 2016 by SpaceX proved to be a prelude to opening a new era of reusable launch vehicles, and SpaceX declared the groundbreaking launch price through using the reusable launch vehicle. This study calculates the total launch cost required to put a certain satellite into the LEO, compares the launch cost in three cases with different payload weights, and reviews the impacts of the payload on the cost effectiveness of a reusable vehicle. The total launch cost is divided into 6 subsections cost, namely development cost, production cost, refurbishment cost, operation cost, fixed-cost of factory and launch site, and insurance cost. The cost estimation relationships used in the calculation are taken from the commonly proven cost models such as TRANSCOST.

• Journal of the Korean Society of Propulsion Engineers
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• v.24 no.5
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• pp.91-102
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• 2020

Recently, a new space era has evolved in which commercial companies' led space development has begun. In this era, commercial companies actively participate in space development as the size of the small satellite market and small launch vehicle market is expanding. Through space development, developed countries are making efforts to reduce development, production, and operation costs to secure the competitiveness of small launch vehicles. In this study, the development trend of small launch vehicles and required technologies for space development were analyzed and summarized. Thus, research and development is urgently needed so that spin-on technologies, such as electric pumps and additive manufacturing, can be utilized for space development.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty 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." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• Journal of Space Technology and Applications
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• v.1 no.1
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• pp.121-130
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• 2021

Since the 1960s, the United States has developed and implemented policies to encourage commercial space launches. Specifically, national policies have been implementing to expand the role of commercial space actors, which required establishing a process for private space launches. In the early days of the space age, private launches accounted for a small portion of the total launch rate, but, since the 1990s, the proportion has exploded, with private space companies presenting large projects one after another, accounting for more than 50% of the total launch rate. This diversification of space actors and the increase in orbital space objects have led to changes in the perspectives of existing space environmental management processes. During and after the Cold War, when the space age began, civilian actors' actions were limited, and policies limited their actions, too. So they had little impact on government space activities. However, space technology's entry barrier has lowered since, and policies to facilitate commercial space launches have been implemented for a long, and the accumulated amount of space waste over the past 60 years is also threatening the safety, stability, and sustainability of space use. This paper examined how the United States, the most active country in commercial space launches, has managed commercial space launches. The United States has a Space Traffic Management (STM), distributed to departments such as the Department of Defense, Department of Commerce, Department of Transport, NASA, etc. A review of changes in U.S STM management policy could also provide implications for us to manage commercial space launches in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.271-297
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• 2011

Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

• Journal of Aerospace System Engineering
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• v.10 no.4
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• pp.59-66
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• 2016

India and China are capable of developing indigenous space launch vehicles, with the rocket technology transferred from the U.S., Western countries, and the Soviet Union, in the 1950s and 1960s. Barring the early 1990s, both countries are absent in the missile nonproliferation regime, and have no major space cooperation records with the U.S., since the establishment of the Missile Technology Control Regime in 1987. With the advent of the $21^{st}$ century, historic progress has been made in the U.S.-India space cooperation, which includes using Indian launch vehicles to launch U.S.non-commercial satellites. However, the U.S. is skeptical with regards to space cooperation and using Chinese space launch vehicle services. In this paper, we present the U.S. nonproliferation policy applied on launch vehicles of India and China, and different aspects of the policy will be examined to draw implications on Korean space activities.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.45 no.12
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• pp.1069-1075
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• 2017

With the recent development of space technology, the satellite market, especially the small satellite market, is growing globally. As the satellite market continues to grow, the launch vehicle market is also growing, and demand for low-cost launches is increasing. There are a number of options for low-cost launches, including development of engine that uses low-cost propellants, product and transportation cost savings, but the most effective way to reduce launch costs is to reuse the used launch vehicles. USA's Space Shuttle, a famous rocket as manned spacecraft, could be referred as the start of reusable launch vehicle. However, Space Shuttle had limited reusable parts and it was very expensive even though it is a reusable launch vehicle because of its low efficiency. In recent years, aiming at a real reusable launch vehicle, reusable launch vehicle for commercial purposes have been developed around USA's SpaceX and Blue Origin, and re-landing tests were successfully accomplished. In addition, SpaceX successfully did the re-using of first-stage launch vehicle that had been succeeded in re-landing already. In accordance with this trend, countries such as Europe and India are also concentrating on the study of reusable launch vehicles. Including Blue Origin, companies like Virgin Galactic and XCOR in the United States, are also trying to commercialize the same reusable technology as the private manned space tourism. Confirmation of these technology trends is essential, because the re-use technology could change the landscape of the global launch vehicle market.

• The Bulletin of The Korean Astronomical Society
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• v.37 no.2
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• pp.195.1-195.1
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• 2012

Korea Aerospace Research Institute has developed an earth observation satellite whose primary mission objective is to provide high resolution electro optical earth images for Geographical Information Systems (GIS) establishment and the applications for environmental, agriculture and ocean monitoring. It was successfully launched into its mission orbit by using a commercial launch vehicle on 18th of May, 2012. This paper describes a series of launch activity at the launch site including its transportation to the launch site. Before conducting the launch site operation, satellite operation plane was prepared. Combining the satellite operation plan and launch vehicle activities, an integrated launch site operation plan and schedule have been drawn up. After arrival of the spacecraft at the launch site, post-ship check out has been conducted. And then it was fuel loaded and integrated with launch vehicle hardware. After completion of final electrical check out, count down procedure was executed. on 18th of May, it was launched into the space and was separated from the launch vehicle as planned. About 3 months of early operation and calibration/validation, now the satellite is conducting its normal mission.