JOURNAL OF SPACE SECURITY ISSN:3058-5759(Print) 한국우주안보학회지

This article examines the evolving legal and strategic landscape of global space security, with a primary focus on establishing a robust framework for South Korea. It differentiates between utilizing space for terrestrial defense and securing space assets themselves against threats like anti-satellite weapons, cyber-attacks, and orbital debris. Outer space has evolved from a domain of superpower rivalry into a densely populated strategic environment encompassing state, commercial, and military actors. Existing international legal frameworks — most notably the Outer Space Treaty of 1967 — were conceived in a bipolar world and are manifestly insufficient to address the security challenges of the twenty-first century. This article argues that the necessities of space security law are both urgent and multidimensional, spanning arms control, attribution, critical infrastructure protection, debris governance, equitable access, and the accountability gap created by the rapid commercialisation of space activities. Drawing on international relations theory, treaty law, and emerging state practice, the article identifies seven foundational pillars that any credible space security legal order must address. It further contends that the failure to develop binding norms risks irreversible environmental degradation of orbital space, miscalculation between major powers, and the effective monopolisation of a global commons by a small number of technologically advanced states. The legislative approaches of major powers, highlighting the United States’ military institutionalization through its Space Force and the European Union’s emphasis on sustainability and safety regulations are analyzed. Central to the discussion is the application of international humanitarian law, specifically regarding the “dual-use” nature of satellites and the principles of proportionality and distinction during conflicts. Ultimately, the research emphasizes the necessity for South Korea to modernize its domestic space laws to balance industrial innovation with national security requirements. The evolution of space law has reached a turning point, shifting from the research-centric focus of the Cold War to a security and economy-centric framework for the 21st century. For students of international law, three takeaways are paramount: 1) The Policy Shift: Governance is moving from R&D promotion toward complex traffic management and the regulation of the space economy. 2) The Necessity of Resilience: Legal frameworks must incentivize the ability of space systems to recover functions quickly after damage, moving beyond simple defense to “survivability.” 3) Domestic Implementation: International treaties require domestic teeth. We see this in Korea’s 4th Basic Plan for Space Development Promotion, which underscores the need for a domestic Space Security Act to fulfill treaty obligations and protect national assets. Ultimately, we must defend the vision of outer space as the “Common Heritage of Mankind.” It is our shared duty to ensure this domain remains a sanctuary for peaceful cooperation rather than a theater for conflict.