민간우주활동 촉진을 위한 미 정부의 “우주임무승인”(Mission Authorization) 입법제안에 대한 국제법적 고찰

As “non-traditional” space activities by non-governmental entities, such as exploration of space resources as well as satellite end-of-life extension by satellite refueling and repair in orbit, are emerging or newly planned, in April 2016, the Office of Science and Technology Policy (OSTP) of the United States released a legislative proposal on “Mission Authorization” to regulate their on-orbit mission after launch. At present, as the government’s oversight of civilian space activities is primarily made through launch licenses issued by the Federal Aviation Administration (FAA), there should be limitations in regulating the activities occurring in outer space, which may possibly result in the U.S. being in breach of international obligations of the 1967 Outer Space Treaty to authorize and continuously supervise space activities undertaken by non-governmental entities. According to the proposal, the Mission Authorization” approach would use the existing regulatory authorities and process, whereby the Department of Transportation (DOT) reviews the proposed mission as part of the Payload Review process related to a launch license. The OSTP’s recommendation is intended to fill in the gaps in fulfilling the U.S. government’s treaty obligations as well as to promote civilian space activities, and it can be assessed that it has demonstrated the U.S. leadership in building a legal and organizational foundation for supporting newly emerging space activities.