SPACE DEVELOPMENT PROMOTION ACT
Act No. 7538, May 31, 2005
Amended by Act No. 8714, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9440, Feb. 6, 2009
Act No. 10087, Mar. 17, 2010
Act No. 10447, Mar. 9, 2011
Act No. 10775, jun. 7, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12736, jun. 3, 2014
Act No. 12723, jun. 3, 2014
Act No. 13009, Jan. 20, 2015
Act No. 15243, Dec. 19, 2017
The purpose of this Act is to facilitate the peaceful use and scientific exploration of outer space and to contribute to national security, the sound growth of the national economy, and the betterment of citizens's lives by systematically promoting the development of outer space and by efficiently using and managing space objects.
The terms used in this Act shall be defined as follows: <Amended by Act No. 12723, Jun. 3, 2014; Act No. 13009, Jan. 20, 2015>
| 1. | The term "space development" means any of the following activities: |
| (a) | Research on the design, manufacturing, launch, operation, etc. of artificial space objects and development of technology therefor; |
| (b) | Use and exploration of outer space and activities to facilitate such activities; |
| 2. | The term "space development project" means projects for advancing space development and projects for facilitating the development of education, technology, informatization, industries, etc. related thereto; |
| 3. | The term "space object" means the following: |
| (a) | The term "artificial space object" means an object designed and manufactured for use in outer space (including a space launch vehicle, artificial satellite, spaceship, and the components thereof); |
| (b) | The term "natural space object" means an object (including a meteorite) formed naturally in outer space; |
| (c) | The term "meteorite" means a solid piece of debris from outer space, which has fallen to the Earth's surface attracted by the gravity of Earth; |
| 4. | The term "space accident" means a breakdown, crash, collision, explosion, etc. of an artificial space object, which occurs in the course of launching (including preparation for launch, test launch, and unsuccessful launch) and operating the space object; |
| 5. | The term "satellite information" means information processed with images, voice, sound, data, or combinations thereof acquired using a satellite (including those obtained by processing or utilizing such information); |
| 6. | The term "dangers in space" means risks of crash, collision, etc. of space objects in outer space. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 3 (Responsibilities of Government) |
| (1) | The Government shall observe any outer space-related treaty it has entered into with any other country or international organization and shall pursue the peaceful use of outer space. |
| (2) | The Government shall establish and promote a comprehensive policy for space development. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 4 (Relationship with other Acts) |
Except as otherwise provided in any other Act, the promotion of space development and the use and management of space objects shall be governed by the provisions of this Act.
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 5 (Formulation of Master Plan for Promotion of Space Development) |
| (1) | For the promotion of space development and the use, management, etc. of space objects, the Government shall formulate a master plan for the promotion of space development (hereinafter referred to as "master plan") which prescribes mid- and long-term policy objectives and basic direction-setting on space development every five years. |
| (2) | A master plan shall include the following: |
| 1. | Matters concerning objectives and direction-setting of space development policies; |
| 2. | Matters concerning systems and strategies to pursue space development; |
| 3. | Matters concerning plans to pursue space development; |
| 4. | Matters concerning the expansion of infrastructure necessary for space development; |
| 5. | Matters concerning financing and investment plans for space development; |
| 6. | Matters concerning research and development for space development; |
| 7. | Matters concerning the nurturing of professionals necessary for space development; |
| 8. | Matters concerning international cooperation for the invigoration of space development; |
| 9. | Matters concerning the promotion of space development projects; |
| 10. | Matters concerning the use and management of space objects; |
| 11. | Matters concerning the utilization of the results of space development; |
| 12. | Other matters prescribed by Presidential Decree related to the promotion of space development and the use and management of space objects. |
| (3) | Where the Government intends to formulate or alter a master plan, it shall finalize the master plan following deliberations by the National Space Committee under Article 6 (1): Provided, That the foregoing shall not apply to cases that it alters insignificant matters prescribed by Presidential Decree. |
| (4) | The Government shall officially announce a master plan finalized pursuant to paragraph (3) without delay: Provided, That it may choose not to officially announce matters concerning national security in consultation with the heads of relevant central administrative agencies (including the Director of the National Intelligence Service; hereinafter the same shall apply). |
| (5) | Detailed procedures concerning the formulation and alteration of a master plan shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12723, Jun. 3, 2014]
| Article 5-2 (Formulation of Action Plan for Promotion of Space Development) |
| (1) | In accordance with a master plan, the Minister of Science and ICT shall formulate and execute an action plan thereof every year in consultation with the heads of relevant central administrative agencies: Provided, That where necessary for national security, the head of a relevant central administrative agency may formulate a separate special action plan within the scope of the master plan in consultation with the heads of relevant central administrative agencies prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Detailed procedures concerning the formulation and execution of an action plan under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 5-3 (Formulation of Master Plan for Utilization of Satellite Information) |
| (1) | In order to promote the dissemination and utilization of satellite information, the Government shall formulate a master plan for the utilization of satellite information (hereinafter referred to as "master plan for the utilization of satellite information") every five years. |
| (2) | A master plan for the utilization of satellite information shall include the following: |
| 1. | Matters concerning objectives and direction of policies for the dissemination and utilization of satellite information; |
| 2. | Matters concerning the acquisition of satellite information; |
| 3. | Matters concerning a system for the dissemination of satellite information and a plan for the utilization thereof; |
| 4. | Matters concerning the nurturing of professionals related to satellite information; |
| 5. | Matters concerning demand for, trends, research, and development of technologies utilizing satellite information; |
| 6. | Matters concerning the prevention of duplicate investments in equipment, facilities, etc. related to satellite information; |
| 7. | Matters concerning demand for and trends of the development of artificial satellites for the acquisition of satellite information; |
| 8. | Other matters concerning the promotion of the dissemination and utilization of satellite information. |
| (3) | Where the Government intends to formulate or alter a master plan for the utilization of satellite information, it shall finalize the master plan following deliberations by the National Space Committee under Article 6 (1): Provided, That the foregoing shall not apply to cases that it alters insignificant matters prescribed by Presidential Decree. |
| (4) | The Government shall officially announce a master plan finalized pursuant to paragraph (3) without delay: Provided, That it may choose not to officially announce matters concerning national security. |
| (5) | Detailed procedures concerning the formulation and alteration of a master plan for the utilization of satellite information shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 5-4 (Formulation of Action Plan for Utilization of Satellite Information) |
| (1) | In accordance with a master plan for the utilization of satellite information, the Minister of Science and ICT shall formulate and execute an action plan thereof every year in consultation with the heads of relevant central administrative agencies. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Detailed procedures concerning the formulation and execution of an action plan under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 6 (National Space Committee) |
| (1) | The National Space Committee (hereinafter referred to as the "Committee") shall be established under the control of the President to deliberate on matters concerning space development, including the formulation of master plans. |
| (2) | The Committee shall deliberate on the following: Provided, That the deliberation by the Committee on the matter falling under subparagraph 6 may be omitted, if necessary for national security, etc.: <Amended by Act No. 12723, Jun. 3, 2014> |
| 1. | Matters concerning a master plan, a comprehensive plan for the utilization of satellite information, and a master plan for preparing against dangers in space under Article 15 (1) (hereafter referred to as "master plan, etc." in this paragraph); |
| 2. | Matters concerning the coordination of important policies of the Government with major duties of relevant central administrative agencies (including the National Intelligence Service; hereinafter the same shall apply) in relation to a master plan, etc.; |
| 3. | Important matters concerning the designation, operation, etc. of institutions specializing in space development prescribed in Article 7; |
| 4. | Matters concerning evaluation on the use and management of space development projects; |
| 5. | Matters concerning financing and investment plans for space development projects; |
| 6. | Matters concerning permission to launch space launch vehicles; |
| 7. | Matters concerning the correction of space development prescribed in Article 19 (2); |
| 8. | Other matters the chairperson brings to the Committee for deliberations. |
| (3) | The Committee shall be comprised of no more than 15 members, including one chairperson. |
| (4) | The Minister of Science and ICT shall take the chair of the Committee, and the following persons shall become the members thereof: <Amended by Act No. 10447, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | The Vice Minister of Strategy and Finance, the Vice Minister of Foreign Affairs, the Vice Minister of Trade, Industry and Energy, and public officials of the vice-minister level of relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons with abundant knowledge and experience relating to the area of outer space who are commissioned by the President. |
| (5) | In order to efficiently conduct affairs of the Committee, the Committee shall have a working committee for the promotion of space development and a working committee for the utilization of satellite information, which shall be chaired by the Vice Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12723, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | Matters necessary for the composition and operation of the Committee and the working committee for the promotion of space development and the working committee for the utilization of satellite information shall be prescribed by Presidential Decree. <Amended by Act No. 12723, Jun. 3, 2014> |
[This Article Wholly Amended by Act No. Jun. 7, 2011]
| Article 6-2 (Implementation of Space Development Projects) |
| (2) | The Government may contribute money to cover all or some expenses incurred in implementing space development projects referred to in paragraph (1). |
[This Article Newly Inserted by Act No. 10447, Mar. 9, 2011]
| Article 7 (Designation of Institution Specializing in Space Development) |
| (1) | The Minister of Science and ICT may designate and support specialized institutions for promoting space development projects systematically and efficiently (hereinafter referred to as "institution specializing in space development"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Each institution specializing in space development shall carry out the following activities: <Amended by Act No. 13009, Jan. 20, 2015> |
| 1. | Execution of space development projects based on master plans; |
| 2. | Comprehensively performing activities for the development, launch, operation, etc. of artificial space objects; |
| 3. | Other duties prescribed by Presidential Decree with regard to space development projects. |
| (3) | Matters necessary for criteria for designation of and details of support for institutions specializing in space development shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 8 (Domestic Registration of Artificial Space Objects) |
| (1) | Any citizen (including any corporation; hereinafter the same shall apply) of the Republic of Korea who intends to launch an artificial space object (excluding space launch vehicles; hereafter the same shall apply in this Article and Articles 9 and 10) in Korea or overseas shall file a preliminary registration with the Minister of Science and ICT, as prescribed by Presidential Decree, by no later than 180 days before the scheduled date of launch. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | Any person who is not a citizen of the Republic of Korea shall file preliminary registration with the Minister of Science and ICT in accordance with paragraph (1), if he/she falls under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | When he/she intends to launch a space object from an area or structure situated within the territory or jurisdiction of the Republic of Korea; |
| 2. | When he/she intends to launch a space object from outside the Republic of Korea using a space launch vehicle owned by the Government or a citizen of the Republic of Korea. |
| (3) | Any person intending to file preliminary registration of an artificial space object in accordance with paragraphs (1) and (2) shall attach a launch plan stating the following: <Amended by Act No. 10447, Mar. 9, 2011; Act No. 13009, Jan. 20, 2015> |
| 1. | Purpose of use of the artificial space object; |
| 2. | Ownership or licensee of the artificial space object; |
| 3. | Basic orbit of the artificial space object; |
| 4. | Fulfillment of the liability for damages in the event of space accidents; |
| 5. | Other matters concerning the launch, use, and management of artificial space objects, prescribed by Presidential Decree; |
| 6. | through 9. Deleted; <by Act No. 10447, Mar. 9, 2011> |
| (4) | When the Minister of Science and ICT finds, after examining a launch plan referred to in paragraph (3), that the applicant is unable to bear the liability for damages referred to in Article 14, he/she may require the applicant to rectify and supplement such plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | Any person who has completed preliminary registration of an artificial space object in accordance with paragraphs (1) and (2) shall file registration of the artificial space object with the Minister of Science and ICT, as prescribed by Presidential Decree, within 90 days from the date on which the artificial space object is successfully placed into orbit: Provided, That the foregoing shall not apply to artificial space objects registered with foreign countries under an agreement with the Government of the launching State pursuant to the Convention on Registration of Objects Launched into Outer Space. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| (6) | If any detail prescribed in the subparagraphs of paragraph (3) is modified, the person who has completed preliminary registration under paragraphs (1) and (2) or person who has obtained registration of an artificial space object in accordance with paragraph (5) shall notify the Minister of Science and ICT thereof within 15 days from the time such fact comes to his/ her knowledge. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 8-2 (Registration of Meteorites) |
| (1) | The owner of a meteorite discovered in the Republic of Korea and a meteorite brought into the Republic of Korea from a foreign country may file an application for registration of the relevant meteorite with the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT checks the authenticity of a meteorite for which an application for registration is filed with him/her and it is verified as the meteorite, he/she shall issue a certificate of registration to an applicant for the registration thereof. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Where an alteration is made to already registered information, such as the transfer of ownership, due to the sale, transfer, division, etc. of a meteorite, a person in receipt of a certificate of registration pursuant to paragraph (2), shall report such alteration to the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Matters subject to registration under paragraph (1), to issue a certificate of registration under paragraph (2), and to file a report under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13009, Jan. 20, 2015]
| Article 8-3 (Prohibition on Taking Meteorites out of Republic of Korea) |
| (1) | Any meteorite discovered in the Republic of Korea shall not be taken out of the Republic of Korea: Provided, That the foregoing shall not apply where a meteorite is taken out of the Republic of Korea for the purpose of scientific research approved by the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Necessary matters concerning procedures, etc. for taking a meteorite out of the Republic of Korea under the proviso to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13009, Jan. 20, 2015]
| Article 9 (International Registration of Artificial Space Objects) |
| (1) | When the registration of an artificial space object is filed pursuant to Article 8 (5), the Minister of Science and ICT shall register such space object with the United Nations through the Minister of Foreign Affairs pursuant to the Convention on Registration of Objects Launched into Outer Space: Provided, That the foregoing shall not apply to satellites registered with the United Nations pursuant to Article 44 (1) of the Radio Waves Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | If any details of registration filed with the United Nations under the main body of paragraph (1) is modified due to expiration of life cycle of an artificial space object or other reasons, the Minister of Science and ICT shall notify the United Nations thereof through the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 10 (Artificial Space Objects and Management of Registers of Artificial Space Objects) |
| (1) | The Minister of Science and ICT shall maintain and manage the registers of preliminary registration and registration of artificial space objects, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall maintain and manage the registers of meteorites, as prescribed by Ordinance of the Ministry of Science and ICT. <Newly Inserted by Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| Article 11 (Permission to Launch Space Launch Vehicles) |
| (1) | Where a person intending to launch a space launch vehicle falls under any of the following subparagraphs, he/she shall obtain permission from the Minister of Science and ICT therefor. The same shall also apply to any modifications of permitted matters: Provided, That any modification to minor matters prescribed by Presidential Decree shall be reported within 30 days after such modification: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | When he/she intends to launch a space launch vehicle from an area or structure situated within the territory or jurisdiction of the Republic of Korea; |
| 2. | When he/she intends to launch a space launch vehicle owned by the Government or a citizen of the Republic of Korea from outside the Republic of Korea. |
| (2) | Any person intending to obtain permission for launch prescribed in paragraph (1) shall file an application with the Minister of Science and ICT along with a launch plan prescribed by Presidential Decree, such as a safety analysis report, an operation plan of the load thereon, and a plan for compensation for damages. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall take the following matters into consideration when granting permission for launch referred to in paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Appropriateness of the purpose of use of the space launch vehicle; |
| 2. | Appropriateness of safety management for the space launch vehicle and other things used for the launch; |
| 3. | Financial ability, such as subscription to compensation liability insurance in preparation for the event of space accidents; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Science and ICT, which are necessary for launch and preparation for launch, such as moving of the space launch vehicle. |
| (4) | The Minister of Science and ICT may attach necessary conditions to permission referred to in paragraph (1) when granting such permission. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT receives a report on modifications according to the proviso to paragraph (1), he/she shall accept the report if the details thereof are deemed in compliance with this Act as a result of review. <Newly Inserted by Act No. 15243, Dec. 19, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 12 (Grounds for Disqualification) |
None of the following persons may obtain permission to launch space launch vehicles referred to in Article 11: <Amended by Act No. 12723, Jun. 3, 2014> | 1. | An incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship; |
| 2. | A bankrupt who has not been reinstated yet; |
| 3. | A person who has been sentenced to imprisonment with prison labor for violating this Act and for whom two years have not passed since the execution of such punishment is terminated (including cases where the execution is deemed terminated) or exempted; |
| 4. | A person under the suspension of execution of imprisonment with prison labor for violating this Act; |
| 5. | A corporation, the representative of which falls under any of subparagraphs 1 through 4. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 13 (Revocation of Permission for Launch, and Hearings) |
| (1) | In any of the following cases, the Minister of Science and ICT may revoke permission to launch a space launch vehicle: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Where launch is delayed for one year or longer from the scheduled date of permitted launch without justifiable grounds; |
| 2. | Where permission for launch is obtained by deceit or other fraudulent means; |
| 3. | Where the head of a central relevant administrative agency requests the revocation of permission for launch in anticipation of a serious threat to national security; |
| 4. | Where a problem is detected in the safety management of a space launch vehicle before launch, such as leakage of fuel from the space launch vehicle and defects in telecommunications systems; |
| 5. | Where no permission for modification is obtained, in violation of the latter part of Article 11 (1); |
| 6. | Where a person who has obtained permission to launch a space launch vehicle falls under any subparagraph of Article 12: Provided, That the foregoing shall not apply to cases falling under subparagraph 5 of Article 12, if the representative is replaced and appointed within three months from the date on which he/she becomes falling under the grounds for disqualification. |
| (2) | The Minister of Science and ICT shall hold a hearing when he/she intends to revoke permission to launch space launch vehicles under paragraph (1): Provided, That hearings may be omitted in cases falling under paragraph (1) 3 and 4. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 14 (Liability for Damages Caused by Space Accidents) |
Any person who has launched a space object pursuant to Articles 8 and 11 shall hold the liability for damages arising from space accidents caused by the artificial space object. In such cases, the scope of compensation for damages, limitation of liabilities and other relevant matters shall be prescribed by other Acts. <Amended by Act No. 13009, Jan. 20, 2015> [This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 15 (Formulation of Master Plan for Preparing against Dangers in Space) |
| (1) | In order to provide against dangers in space, the Government shall formulate a master plan for preparing against dangers in space (hereinafter referred to as "master plan for preparing against dangers in space") which prescribes mid- and long-term policy objectives and basic direction on securing preparation against dangers in space every ten years. |
| (2) | A master plan for preparing against dangers in space shall include the following: |
| 1. | Matters concerning environmental protection and surveillance of space; |
| 2. | Matters concerning forecasts and alarms of dangers in space; |
| 3. | Matters concerning research and development for the prevention of and preparing against dangers in space; |
| 4. | Matters concerning international cooperation for the prevention of and preparing against dangers in space; |
| 5. | Other matters necessary to provide against dangers in space. |
| (3) | Where the Government intends to formulate or alter a master plan for preparing against dangers in space, it shall finalize the master plan following deliberations by the Committee: Provided, That the foregoing shall not apply to cases where it alters insignificant matters prescribed by Presidential Decree. |
| (4) | The Government shall officially announce a master plan finalized pursuant to paragraph (3) without delay: Provided, That it may choose not to officially announce matters concerning national security. |
| (5) | Detailed procedures concerning the formulation and alteration of a master plan for preparing against dangers in space shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 15-2 (Formulation of Action Plan for Preparing against Dangers in Space) |
| (1) | In accordance with a master plan for preparing against dangers in space, the Minister of Science and ICT shall formulate and execute an action plan thereof every year in consultation with the heads of relevant central administrative agencies. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Detailed procedures concerning the formulation and execution of an action plan under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 15-3 (Designation of Space Environment Surveillance Agency, etc.) |
| (1) | The Minister of Science and ICT may designate a space environment surveillance agency which will conduct the following affairs for the efficient establishment and operation of a system for the prevention of and preparation against dangers in space: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Establishment and operation of a system for issuing forecasts and alarms of dangers in space; |
| 2. | Establishment and operation of an international cooperation system for the prevention of and preparation against dangers in space; |
| 3. | In addition to matters provided in subparagraphs 1 and 2, affairs prescribed by Presidential Decree in relation to the prevention of and preparation against dangers in space. |
| (2) | The Minister of Science and ICT may subsidize all or part of the expenses incurred in conducting affairs under the subparagraphs of paragraph (1) to a space environment surveillance agency designated pursuant to the aforesaid paragraph within the budgetary limits. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Where necessary to prevent and prepare against dangers in space, the Minister of Science and ICT may establish and operate Headquarters for Countermeasures against Dangers in Space headed by the Vice Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Criteria for designation of a space environment surveillance agency and matters necessary for the composition, operation, etc. of Headquarters for Countermeasures against Dangers in Space shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12723, Jun. 3, 2014]
| Article 16 (Composition, etc. of Space Accident Investigation Committee) |
| (1) | If space accidents prescribed by Presidential Decree occur, the Minister of Science and ICT may establish a Space Accident Investigation Committee under his/her jurisdiction to investigate space such accidents. <Amended by Act No. 10447, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Space Accident Investigation Committee shall be comprised of not less than five but not more than 11 members, including one chairperson, and the members thereof shall be commissioned by the Minister of Science and ICT from among relevant experts who satisfy the qualifications prescribed in Presidential Decree, whereas the chairperson thereof shall be appointed by the Minister of Science and ICT among the Committee members: Provided, That as for matters prescribed by Presidential Decree in view of national security, a separate space accident investigation committee may be organized as prescribed by Presidential Decree. <Amended by Act No. 10447, Mar. 9, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Space Accident Investigation Committee may investigate any of the following persons to carry out its duties. In such cases, persons subject to such investigation shall comply therewith unless they have justifiable grounds to the contrary: <Amended by Act No. 10447, Mar. 9, 2011; Act No. 13009, Jan. 20, 2015> |
| 1. | A person who has filed preliminary registration or registration of an artificial space object under Article 8; |
| 2. | A person who has obtained permission to launch space objects under Article 11; |
| 3. | Other persons involved in artificial space objects, such as manufacturers of artificial space objects and testers of the performance of artificial space objects. |
| (4) | The chairperson of Space Accident Investigation Committee may request the heads of relevant administrative agencies to cooperate for the control of access to areas of space accidents and other matters necessary for investigations. In such cases, the heads of relevant administrative agencies so requested shall cooperate unless they have justifiable grounds to the contrary. <Amended by Act No. 10447, Mar. 9, 2011> |
| (5) | Matters necessary for the timing of organization, operation, etc. of the Space Accident Investigation Committee other than the matters prescribe in paragraphs 1 through 4 shall be prescribed by Presidential Decree. <Amended by Act No. 10447, Mar. 9, 2011> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 17 (Dissemination and Utilization of Satellite Information) <Amended by Act No. 12723, Jun. 3, 2014> |
| (1) | The Minister of Science and ICT may adopt measures necessary to facilitate the dissemination and utilization of satellite information acquired by satellites developed in accordance with master plans, such as the designation and establishment of an organization exclusively dedicated to such activities. In such cases, he/she shall consult with the Minister of Land, Infrastructure and Transport about national spatial data under the Framework Act on National Spatial Data Infrastructure, and with the heads of relevant central administrative agencies about national security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12723, Jun. 3, 2014; Act No. 12736, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may subsidize expenses incurred in conducting activities of an organization exclusively dedicated to activities under paragraph (1) and promoting the dissemination and utilization of satellite information within the budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12723, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Government shall endeavor not to invade privacy during utilization of satellite information. |
| (4) | In order to efficiently deal with the dissemination and utilization of satellite information under paragraph (1), the following matters shall be prescribed by Presidential Decree: <Newly Inserted by Act No. 12723, Jun. 3, 2014> |
| 1. | Establishment of an integrated system for the dissemination and utilization of satellite information; |
| 2. | Receipt, processing and disclosure of satellite information; |
| 3. | Reproduction and sale of satellite information; |
| 4. | Inspection of the present status of the utilization of satellite information; |
| 5. | Security affairs of satellite information; |
| 6. | Other matters necessary for the dissemination and utilization of satellite information. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 18 (Support for Space Development Projects by Private Sector) |
| (1) | The Minister of Science and ICT shall adopt measures to promote space development projects and induce expansion of investments in research and development in the private sector, such as supply of outstanding human resources for space development, taxational and financial support, preferential purchase, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the heads of relevant central administrative agencies to cooperate for support measures prescribed in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 19 (Suspension and Correction of Space Development) |
| (1) | When the Minister of Science and ICT receives a request from the Minister of National Defense during a war or upheaval, or in any emergency situation similar thereto to suspend a space development activity being carried out by a citizen of the Republic of Korea for the purpose of undertaking military operations, he/she shall issue an order to the citizen to suspend the space development activity. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT receives a request from the head of a relevant central administrative agency to take corrective measures with regard to space development activities performed by a citizen of the Republic of Korea in view of the maintenance of public order or national security, he/she may issue an order to the citizen to correct the space development activity after deliberation by the Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 20 (Requests for Assistance or Cooperation in Space Development) |
| (1) | If the Minister of Science and ICT deems it necessary for promoting space development, he/she may request the heads of relevant central administrative agencies or the heads of local governments to assist with and cooperate for the following. In such cases, the heads of the relevant central administrative agencies or the heads of the local governments so requested shall comply therewith unless they have justifiable grounds to the contrary: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13009, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning the control of access to surrounding areas (including territorial waters and airspace) for the launch of artificial space objects in Korea; |
| 2. | Matters concerning telecommunications, fire-fighting, emergency rescue and salvage, safety management, etc. |
| (2) | When the Minister of Science and ICT makes a request for assistance or cooperation referred to in paragraph (1), he/she shall limit the assistance or cooperation to the minimum extent necessary for space development. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 20-2 (Compensation for Damages Caused by Launched Space Objects) |
| (1) | The State and local governments shall compensate persons who have sustained a loss caused by access control referred to in Article 20 (1) 1. |
| (2) | Matters necessary for standards, procedure, methods of payment, etc. of compensation for a loss referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10775, Jun. 7, 2011]
| Article 21 (Implementation of Space Development Projects Related to National Security) |
| (1) | When the Minister of Science and ICT implements a space development project related to national security, he/she shall consult in advance with the heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for the formulation and implementation of security measures for space development projects referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 22 (Rescue of Astronauts) |
When an astronaut aboard an artificial space object of a foreign country makes an emergency landing or is in distress or has an accident in the territory of the Republic of Korea or nearby international waters, the Government shall render all possible assistance to such astronaut and return the astronaut to the launching State or the State of registry or to an international organization, whichever is responsible for the launch of the relevant artificial space object. <Amended by Act No. 13009, Jan. 20, 2015>
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 23 (Return of Artificial Space Objects) |
If an artificial space object of a foreign country crashes or makes an emergency landing onto the territory of the Republic of Korea, the Government shall safely return the artificial space object to the launching State, the State of registry, or an international organization, whichever is responsible for the launch of the relevant space object. <Amended by Act No. 13009, Jan. 20, 2015>
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 24 (Collection of Data and Surveys of Actual Conditions on Space Development, etc.) |
| (1) | The Minister of Science and ICT may collect data on space development and aerospace industries or survey the actual conditions thereof in order to promote space development systematically and efficiently. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | If the Minister of Science and ICT deems it necessary for the survey on the actual conditions of Korea referred to in paragraph (1), he/she may request relevant administrative agencies, research institutes, educational institutions, and enterprises to provide him/her with data or to make a statement of opinions. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the details, timing, procedure, etc. of collection of data and surveys of actual conditions referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 25 (Duty of Confidentiality) |
No person who is engaging or has engaged in duties prescribed in this Act shall divulge any confidential information he/she has learned in the course of performing his/her duties or use it for purposes, other than the purpose of this Act.
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 26 (Entrustment of Authority) |
| 1. | Matters concerning the registration of meteorites under Article 8-2 and matters concerning the management of the registers of meteorites under Article 10 (2); |
| 2. | Examination of safety related to permission or permission for modification referred to in the former and latter parts of Article 11 (1); |
| 3. | Matters concerning the collection of data on space development and aerospace industries and survey of the actual conditions thereof referred to in Article 24. |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 27 (Penalty Provisions) |
| (1) | Any person who launches a space object without permission or permission for modification referred to in the former and latter parts of Article 11 (1) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 13009, Jan. 20, 2015> |
| 1. | A person who takes a meteorite out of the Republic of Korea, in violation of Article 8-3; |
| 2. | A person who fails to comply with an order for suspension or correction referred to in Article 19; |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 28 (Joint Penalty Provisions) |
When a representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits an offence under Article 27 in connection with the business of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. [This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
| Article 29 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 13009, Jan. 20, 2015> |
| 1. | A person who fails to file preliminary registration of an artificial space object, in violation of Article 8 (1) or (2); |
| 2. | A person who fails to file registration of an artificial space object, in violation of Article 8 (5); |
| 3. | A person who fails to report modified matters, in violation of the proviso to Article 11 (1). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who fails to give notice of modification within 15 days or give such notice by falsehood, in violation of Article 8 (6); |
| 2. | A person who refuses, interferes with, or evades the investigation of an accident referred to in Article 16 (3). |
| (3) | The Minister of Science and ICT shall impose and collect administrative fines referred to in paragraphs (1) and (2), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10775, Jun. 7, 2011]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Master Plans for Promotion of Space Development) The medium-and long-term master plans for space development deliberated by the National Science and Technology Council prescribed in Article 9 of the Framework Act on Science and Technology shall be construed as a master plan for the promotion of space development until the master plan for the promotion of space development is established pursuant to Article 5. |
| (3) | (Transitional Measures concerning Registration of Space Objects) The space objects already registered by the Republic of Korea with the United Nations as at the time this Act enters into force shall be deemed registered pursuant to Article 8. |
ADDENDA <Act No. 8714, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That... <Omitted>... the amended provisions of the Act promulgated before this Act enters into force but the enforcement date for which has not arrived, from among the Act amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement date of relevant Act respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9440, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10087, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10447, Mar. 9, 2011>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 (4), 6-2, 8 (3) and 16 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10775, Jun. 7, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Persons Eligible for Compensation for Damages Caused by Launched Space Objects) The amended provisions of Article 20-2 shall also apply to those who have sustained a loss caused by access control for the launch of space objects during the period from August 1, 2009 to the date preceding the date on which this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12723, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of subparagraph 1 of Article 12 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Incompetents, etc.)
Notwithstanding the amended provision of subparagraph 1 of Article 12, the former provision shall apply to a person who has been already declared incompetent or quasi-incompetent at the time the aforesaid amended provision enters into force and in whose case the effect of declaration of incompetent or quasi-incompetent is maintained pursuant to the amended provisions of Article 2 of Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12736, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13009, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15243, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Case of Application concerning Report of Modifications to Space Launch Vehicles)
The amended provisions of Article 11 (5) shall apply beginning with the case where a report of modifications is filed after this Act enters into force.