• The Korean Journal of Air & Space Law and Policy
• /
• v.18
• /
• pp.211-245
• /
• 2003

While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.

• The Korean Journal of Air & Space Law and Policy
• /
• v.22 no.1
• /
• pp.55-74
• /
• 2007

When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

• The Korean Journal of Air & Space Law and Policy
• /
• no.spc
• /
• pp.181-199
• /
• 2007

When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.1
• /
• pp.355-384
• /
• 2017

In Korea, a Law on Airport Noise Prevention and Noise Control Area Support has been in effect since 2010. And also, airport noise measures project and residents support project conducted following the Law on Airport Noise Prevention and Noise Control Area Support. However, a Law on Airport Noise Prevention and Noise Control Area Support does not apply to military airfield. Many city residents already complain about military airport noise, but there are no countermeasures. They claim the noise from the military airfield is an intrusion on their lives, and some people brought a class action against the government. In the 20th National Assembly, some congressmen already proposed some legislations that aims to support residents adjacent to the military airfield. Nevertheless, relevant legislations are currently pending at the 20th National Assembly. Legislation preventing aircraft noise and providing support measures is essential to residents life who near by military airfield. At first, this study looked at legislations proposed by congressmen in the 20th National Assembly. And also, this study looked at A Law on the Improvement of Living Environment around the Defence Facilities of Japan. Based on this study, we did an analysis of the problem of legislation and proposed improvement suggestion. I hope so that this study could someday help congressmen make a legislation about military airfield noise. We hope the 20th National Assembly will pass the legislation finally to help the residents who near by military airfield relieve their pain by noise and restore their human dignity.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.1
• /
• pp.303-325
• /
• 2015

The latest slogan put forth by the international space community is the safety, security, and sustainability of outer space activities. The security of outer space activities, in particular, would be defined as the secure state from space-based threats. The latter comprises passive threats (such as collision with other satellites and space debris) and aggressive threats (such as electromagnetic interference, arms race on the earth or in outer space, and military attacks). Has outer space been used for military purposes in practice? If so, does international law regulate the military space activities it? The use of outer space for military purposes is referred to as space militarization and space weaponisation. Satellites has been used in Gulf War, Kosovo War, and Afghan War, recently, and research and development on space weapons are under way. Since only the placement of weapons of mass destruction on orbit around the earth is prohibited in accordance with 1967 Outer Space Treaty, it may be asked whether other weapons may be placed on orbit. It will be necessary to analyze the stance of on the above question, by studying UN space-related treaties including UN Charter. New international space norms represented by PPWT, ICoC, and UN GGE Report are at the center of progressive development of international law. In conclusion, the author will signpost the various points on international norms to be codified on the use of outer space for military purposes.

• The Korean Journal of Air & Space Law and Policy
• /
• v.20 no.2
• /
• pp.159-234
• /
• 2005

As so clearly have been demonstrated in the Gulf War and Iraq Freedom Fight, along with the civilian space exploration and development, the 'militarization' of aerospace technology and the 'battlefield-worthiness' of space are becoming more and more at issue. Korean peninsula, the last major theatre where the 4 world powers' national interests stand face to face, no doubt is in dire need for understanding and organizing necessary legislations for establishing national security from any space threats, such as satellite imaging, as well as countering against such threats. Compare to United States, Japan and China that have already declared the national security as the purpose of the space development, and equipped themselves with necessary legislations, Korea's legislations fall short of fully appreciating and effectively responding to the significance of military use of outer space and its control. This article will review legislations of leading countries' of space law and space technologies from two different perspectives. After briefly summarizing the problems of Korea's current legislations, particularly with the National Space Development Act (proposal), drafted by Ministry of Science and Technology, in mind, this article reviews and offers certain legislative directions to which Korea should pursuel for national security of outer space.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.1
• /
• pp.97-126
• /
• 2014

October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.2
• /
• pp.179-197
• /
• 2004

As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

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

• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.2
• /
• pp.207-230
• /
• 2006

It should be noted that current rules and provisions of the law, such as the act of military air base and the act of the construction, do not provide a fairly good solution regarding the conflict between the company and the air force. The act of military air base does not have the jurisdiction on the matters occurring outside the edge of the flight safety zone. Freezing measure about the construction permit is not suitable for this case. A sort of policy or revision of the law will be needed to foster the transaction between parties in question which may be useful for enhancing overall efficiency.