宇宙損害 賠償法의 制定背景과 主要論点

Background and Main Contents of the Space Damage Compensation Act

&nbsp;&nbsp;The liability system for damage caused by space accidents is a special one for ruling the compensation of damage caused by space enterprises, for modern civilization brings forth the huge hazard and so this system may be called a unique one different from general tort liability system in civil law. In this sense, this system has various distinctive characteristics which are not found in other ones because of particularity of space accident.<BR>&nbsp;&nbsp;It is the best way that the risk of unpredictable accidents could be entirely managed in advance so as that an accident could be prevented and minimized. However, the liability management system for damage compensation from space accident would be provided as the measure preserving an unevitable damage after space accidents.<BR>&nbsp;&nbsp;In Korea "the Space Development Promotion Act" was enacted in 2005 for promotion of space development and the Article 14 of this Act provided to enact the special Act for indemnification from space accidents. Therefore, the draft Bill of the Space Damage Compensation Act is now under the preparation in compliance with that article. The major subjects of this Bill consist of ⓐ liability without negligence, ⓑ channelling of liability which means the whole liability is concentrated on the utility, ⓒ limit of the recourse right, ⓓ limit of immunity, ⓔ enforcement of financial protection, etc.<BR>&nbsp;&nbsp;Finally through the analysis based on the above items in this thesis, I explained the major legislative contents for the Bill of the Space Damage Compensation Act and suggested a few issues for the expectation of sound development of the system.