A Study on the Improvement of Laws for the Development of National Defense and Space Power: Focused on Space Development Promotion Act

A Study on the Improvement of Laws for the Development of National Defense and Space Power: Focused on Space Development Promotion Act

Purpose: Recently, all countries of the world recognize space as an important area for military operations in modern warfare and are accelerating the space development. Especially countries in Northeast Asia including China and Japan are strengthening their space power, and space power is expected to be an important element in future warfare. Korea is also developing space technology and expanding its space activities as a member country of Space Club following the launch of NURI in 2022. Accordingly, it is necessary to prepare the foundation for utilizing the space with the military purpose step-by-step to prepare for the future warfare. Methods: Legal and institutional preparations should precede by using understanding and utilization of space of international community, especially those of advanced countries in space. This is because our space-related laws tends to see the space as a subject for scientific technology and the importance of security for the military use of space does not reflected. Therefore, the necessity for organic and practical cooperations between related agencies for the early establishment of defense space power and legal and institutional maintenance that sup-ports ever-growing space technology are required. Results: Ministry of National Defense will prepare「Master plan for the development of defense space power」and establish the defense space power based on it. However, the progress of 425 project has been delayed due to the different view of existing statue and government departments given that the trend of the urgency of strengthening defense space power, development of nuclear and missile of North Korea, space development of all countries over the world and strengthening of space forces. It is possible to promote to strengthen the defense space power by existing legal system, but there are many restrictive elements. We can consider enacting a special law related to defense space basically to overcome the existing legal system, but there is no agreement among relevant agencies and there is high possibility for criticism on militarization of the space by international com-munity. Conclusion: Therefore, it is necessary to promote the chairman of National commission on Space to at least Prime Minister and give full authority of the Minister of Defense on security and defense space through the amendment of current laws such as Space Development Promotion Act, Defense Acquisition Program Act, Act on the Organization of National Armed Forces and Aerospace Industry Promotion Act. And it should be noted that it is necessary to develop into activities that are not opposed to international law and the justification of the peaceful use of the space by international community.