통신위성산업과 관련한 우주개발진흥법에 관한 법적 고찰

The law of the sea took centuries to assume shape through the gradual evolution of customary international law and the international law of the air arose over decades. International space law, however, has come into being literally before our eyes. It began to develop in the 1960s as states started regularly launching objects into space. Quite a number of international documents have been adopted since then to regulate the activities of states and the legal order of outer space, including the Moon and other celestial bodies. The concept of the ‘common heritage of mankind’ has been described as a political issue from the very beginning. Whether it can be considered as international ius cogens is still highly debated. Since res communis cannot be owned by any sovereignty, it may be used on the basis that equitable access is granted to all states. But this notion of ‘equality’ presupposes that access to common areas beyond national jurisdiction is open to all, without any constraints. Since the first launch of Sputnik, however, it is a fact that there is a tremendous gap in the level of technological development and financial investment among states. Such inequality prevents many states to pursue their rights to access res communis. The beginning of the ‘space age’ created the highest hopes in Korea. We realized, however, that there were many legal issues that needed to be addressed. In spite of the significance of outer space, there was no legal system or space law which regulates the outer space or spacecraft in Korea. It was only this year that the ‘Outer Space Development Promotion Act’ was passed by the Korean National Assembly. The adoption of this Act will be the tool in socio-economic development in the field of outer space law.