宇宙損害 賠償法의 制定背景과 主要論点

• 영문명: Background and Main Contents of the Space Damage Compensation Act
• 발행기관: 중앙대학교 법학연구원
• 저자명: 咸哲勳(Ham Chul-Hoon)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 601~624쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  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.
  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.
  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.
  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.

목차

Ⅰ. 序論
Ⅱ. 不法行爲에 관한 特別法의 發達과 機能
Ⅲ. 宇宙損害賠償에 관한 國內？外 立法動向
Ⅳ. 宇宙事故의 特性과 宇宙損害賠償法의 指導原理
Ⅴ. 結論
별표 : 우주손해배상법안

키워드

우주사고(space accident) 우주손해(space damage) 불법행위(torts) 무과실책임(liability without negligence) 우주손해협약(convention) 책임집중(channelling of liability) 구상권(recourse right) 손해배상조치(financial protection) 책임보험(third party insurance) 제조물책임(product liability)