‘뉴스페이스 시대’우주 활동을 둘러싼 국가책임에 관한 고찰

As the Sputnik 1 was successfully launched into an elliptical orbit in 1957 by Soviet Union, the field of activity area of human-being has been expanded to outer Space. Activities of States in the exploration and use of outer space have been become active, and many states have started to participate in launching artificial satellite. As South Korea successfully launched Korea Space Launch Vehicle-I in 2013, and continuously succeeded in 2022 and 2023, We finally joined the 7th ranks of space powers. Nowadays the ‘New Space Era’ is one of the important sectors. Non-state actors such as non-governmental entities carry private space activities for example commercial launching and manufacturing space craft and satellite. Also every states strive to develop their space competence by encouraging their non-governmental entities through their domestic law. As a result, problems such as space debris, collisions among space objects, possession of space resources in outer space have become a huge problem. As so far UN has taken a leading role in development of creation of space law. The Committee on the Peaceful Uses of Outer Space (COPUOS) was set up by the General Assembly in 1959 to govern the exploration and use of space for the benefit of all humanity: for peace, security and development. Also ‘Treaty on Principles Governing the Activities of States on the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967 (1967 Outer Space Treaty)’and ‘Convention on International Liability for Damage Caused by Space Objects 1972 (1972 Liability Convention)’ have been the most significant norm regulating outer space. Traditional space law which has been established almost 60 years ago approachs state-centric system and only focus on principle of non-appropriation in outer space. Because of this principle the status and liability of non-governmental entities for commercial use cannot be directly governed under the existing space law regimes. In this regard, the need to establish effective legal mechanism for new space era is raised. However there are important articles focusing on specific issues such as liability for private sector of space activities reflecting main characteristic of new space era. According to Article 6 and 7 of 1967 Outer Space Treaty and Article 2 and 3 of 1972 Liability Convention, launching states are liable for outer space activities of non-governmental entities. Also important discussion on principle of state liability and different aspects of state liability such as strict liability, fault liability, and joint and several liability has been contained in both treaties. This article focuses on main issues such as liability of space activities of non-governmental entities under existing international space law and important link between state liability and activities of non-governmental entities. This work will ultimately provide important legal guide line for international space regime for new space era. As outer space has become more and more complex these days, we need to seek for new approach in interpreting existing space law to develop legal instruments to maintain peaceful order in outer space.