Article 1(Purpose) #
The purpose of this Act is to prescribe the scope of compensation for damage and limitation of liability, etc. in the event of damage being caused by objects from outer space, thus ensuring the protection of victims thereof and contributing to the sound development of space development projects.
Article 2(Definitions) #
The terms used in this Act shall be defined as follows:
1. The term "space object" means a space object under subparagraph 3 of Article 2 of the Space Development Promotion Act;
2. The term "person launching a space object" means a person who has made a preliminary registration or registration of a space object in accordance with Article 8 of the Space Development Promotion Act, or a person who has obtained permission for launching a space launch vehicle in accordance with Article 11 of the same Act;
3. The term "launch of a space object" means the launching of a space object by a person who has obtained permission pursuant to Article 11 (1) of the Space Development Promotion Act, which includes preparation for launch, test launch and failed lunch;
4. The term "space damage" means personal damage caused by the launch, operation, etc. of a space object, such as death, injury or other impairment of health of any third party, as well as physical damage, such as destruction and loss of, and damage to property.
Article 3(Relations with international treaty) #
(1) In cases where the Government has paid compensation for damage to a foreign government in accordance with the Convention on International Liability for Damage Caused by Space Objects, it may request the person launching a space object to indemnify such compensation.
(2) The application of this Act may be exempted or restricted with regard to a national of the Republic of Korea, a corporation or organization established in accordance with the statutes of the Republic of Korea, and a private individual, corporation, organization or government of any foreign country which prohibits or restricts paying compensation for damage suffered by the Government of the Republic of Korea.
Article 4(Strict liability and concentration of liability) #
(1) In the event of space damage, the relevant person launching a space object shall be obliged to pay compensation for such damage; provided, in the event of space damage caused by armed conflicts between countries, hostilities, civil disturbances or mutinies, or space damage caused in outer space, the foregoing shall be limited to cases caused intentionally or by negligence.
(2) A person launching a space object who has paid compensation for space damage caused by a third party's intention or negligence in accordance with paragraph (1) may request the person to indemnify such compensation; provided, where such damage has been caused by the supply of materials or services (including labor services; hereinafter the same shall apply) to be provided for the launch, etc. of a space object, a request for the indemnification of the compensation may be filed only when there has been intention or gross negligence of the person who supplied the said materials or services or his or her employees.
(3) The Product Liability Act shall not apply to space damage.
Article 5(Maximum amount of compensation for damage) #
The maximum amount of compensation for damage for which a person launching a space object shall be liable is 200 billion won.
Article 6(Purchase of damage compensation liability insurance policy) #
(1) Each person seeking to obtain permission for launch of a space object in accordance with Article 11 of the Space Development Promotion Act shall purchase a liability insurance policy aimed at compensating for damage.
(2) The amount of coverage of an insurance which shall be purchased in accordance with paragraph (1) shall be determined and announced by the Administrator of the Korea Aerospace Administration in view of the characteristics of a space object, the degree of complexity of technology, conditions of the surroundings of a launch pad, domestic and overseas insurance markets, etc. within the scope not exceeding the amount of coverage of a damage compensation liability insurance under Article 5. <Amended on Mar. 23, 2013;Jul. 26, 2017; Jan. 26, 2024>
Article 7(Measures to be taken by the Government) #
(1) The Government shall, in the event of space damage, take measures necessary for the rescue of victims and the prevention of further damage.
(2) In cases where the amount of compensation for damage payable by a person launching a space object under Article 4 (1) exceeds the insurance amount of coverage prescribed in Article 6 (2), and where the Government deems it necessary for attaining the purpose of this Act, the Government may render necessary assistance to persons launching a space object.
(3) The Government's assistance under paragraph (2) shall be rendered within the extent permitted by resolution of the National Assembly.
Article 8(Period for exercise of rights) #
(1) If the right to claim compensation for damage under this Act is not exercised within one year following the date on which the victim or his or her statutory agent learned of the aforementioned damage or the person responsible for compensation for damage under Article 4 (1), the extinctive prescription shall be complete.
(2) The right to claim compensation for damage under this Act shall not be exercised if three years have passed from the date of the occurrence of such damage.
Article 9(Regulatory review) #
The Administrator of the Korea Aerospace Administration shall review the validity of abolishing, loosening, or maintaining the period of exercise of right to claim compensation for damage under Article 8 every two years counting from the base date of January 1, 2016 (referring to any date before January 1 of every second year). <Amended on Jul. 26, 2017; Jan. 26, 2024>
[This Article Added on Dec. 1, 2016]