일본의 우주손해배상에 관한 비교법적 연구

Abstract

With the increasing engagement of private enterprises and various non-governmental entities in space activities, the traditional state-centered approach to space activities is shifting towards a more private-driven model. The Liability Convention provides a legal framework that imposes compensation liability on the launching states, specifying their responsibilities in the event of damage caused by space objects or launch vehicles. However, at the time of the Convention's establishment, only state-led space activities were considered, thereby limiting its scope to states alone. This presents a limitation in terms of addressing the liabilities arising from space activities conducted by private entities. Specifically, there is a lack of clear regulations as to whether the launching state or the non-governmental entity itself should bear liability for damages resulting from space activities. The Space Damage Compensation Act of Korea was enacted on December 21, 2007, and came into effect on June 22, 2008. Although it has been amended five times since its enactment, these amendments have been limited to adjustments in the notification requirements for the compensation insurance amounts and changes in the authorities. In contrast, Japan established the Space Activities Act in 2016, which provides a detailed regulatory framework for the management of satellite-related activities, as well as the liabilities and compensation for damages that may arise from space activities. Notably, Japan's Space Activities Act distinguishes between the “launching entity” and the “operator of space objects” and allocates liability for damages accordingly, which stands in contrast to the Korean Space Damage Compensation Act, where only the “launching entity” is designated as the responsible party for damage compensation. In light of the growing trend of private-sector engagement in space activities, limiting the liability to the “launching entity” is a topic that requires further deliberation. Therefore, this paper aims to conduct a comparative legal analysis focused on the Japanese Space Activities Act, examining how the issue of damage liability arising from space activities is addressed. Furthermore, it provides legal directions and implications for Korea as it endeavors to refine its legal framework for space activities.