North Korea Revised its Space Law to Permit Military Use

North Korea revised its Space Development Law (우주개발법) in 2022 to allow for use of space for national defense purposes. Specifically, it removed sentences that previously committed to only peaceful uses of space and opposed the militarization of space and now threatens countermeasures on countries that attempt “unfriendly acts” on its space program. It expands the scope of international cooperation and codifies that space scientists receive preferential treatment for housing.

The revisions came shortly before it attempted to launch its first military reconnaissance satellite in 2022. The length of the law has nearly doubled, from 23 articles in the original 2013 version to 48 articles in the most recent law. A copy of the revised law was obtained by 38 North earlier this year as part of the new NK TechLab project.

The revised law points to a maturing space sector and strategy in North Korea, the expansion of which has been reported in North Korean media and corroborated through satellite imagery over the past few years. But it also demonstrates an attempt to adopt some level of international norms and standards, with new stipulations that reflect its national obligations under various United Nations (UN) space-related conventions. How these are carried out in practice is yet to be seen, but the revisions suggest a desire to increase the overall credibility of North Korea’s space program.

National Defense

When the country’s Space Development Law was first passed on April 1, 2013, its stated mission was to accelerate economic construction and improve people’s lives.

The revised law, passed on August 7, 2022, expands and reframes its mission as “the development of the country’s science, technology and economy, improvement of the people’s living standards and strengthening of the country’s defense capabilities.”

It is not the only place that national defense has been added.

Article 3 of the law, which defines the principles of space development, previously said one purpose was to safeguard national interests. That has been revised to reflect the country’s evolving national security interests.

That article has also been revised to include “strengthening self-defensive national defense capabilities” as a purpose of space development. A commitment to “develop space for peaceful purposes” has been removed.

Article 8 defines the duties of North Korea’s National Aerospace Technology Administration (국가항공우주기술총국 or NATA) and has been expanded with an additional duty: the promotion of space development projects to strengthen national defensive capabilities.[1]

In addition, the final article of the 2013 law was removed. Article 23 had asserted that North Korea “opposes the application of selectivity and double standards in the field of space activities and the militarization of space.” It reflected the country’s frustration over its space program being treated differently from those of other nations, namely that its previous satellite launch attempts had been condemned for contributing to its ballistic missile pursuits.

Notably, one of the new provisions is Article 43, which threatens “appropriate countermeasures” will be taken in response to “unfriendly acts by other countries that infringe on our country’s space development rights and interests.”

It refers to the 2019 countermeasures law (대응조치법), which includes “acts that threaten the peace of security” of the country among unfriendly acts. The countermeasures specified are non-military in nature, including the severance of diplomatic ties, economic agreements and international cooperation, but also include the catch-all “other measures corresponding to the unfriendly acts.” [2]

Background

The revisions and amendments to the law were made at a meeting of the standing committee of the Supreme People’s Assembly on August 7, 2022. North Korean state media reported the law had been changed, but did not detail the changes.

For several years leading up to 2022, state media had not reported much about the space program. However, around February and March 2022, shortly before the law was revised, this changed. North Korean media reported development tests of satellite technology at the Sohae Satellite Launch Station, which were followed by Kim Jong Un’s visit to the site to inspect progress of modernization and expansion plans.

Later in 2022, after the new law had taken effect, state media revealed the country planned to launch a military reconnaissance satellite. The first attempt at that was made in May 2023 using the new Chollima-1 rocket.

Research and Development

The original law contained little on the space administration’s role in the development of the space sector in North Korea, but the revised law provides greater instruction.

It mandates a training system be established for space science personnel and that the agency must collect and disseminate advanced scientific information necessary for space development. This latter task is common in North Korea where agencies collect international data from the Internet, scientific journals and books to make available within the country.

The law even states that space developers receive preferential treatment, requiring the state to guarantee good working and living conditions for them. The country had already been practicing this when it built the “Satellite Scientists Street” in Pyongyang’s Unjong District in 2014 as a reward for those working on space projects.

International Cooperation

The 2013 law already recognized the need for international space cooperation based on the principles of equality and mutual benefit.

The revised law keeps those principles and adds sovereignty and non-interference in internal affairs to the list. It also explicitly mentions the prospect of exchanges and cooperation with other space agencies.

In 2016, North Korea had signed multiple United Nations conventions dealing with space. These included the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the rescue agreement) and the Convention on International Liability for Damage Caused by Space Objects (the liability convention).

While the 2013 law already had commitments to notifying other countries of space launch plans, the international registration of space objects and international cooperation, several provisions in the 2022 revision in reflect these space norms and obligation. For instance, articles have been added that specify North Korea will assist astronauts should they need rescue inside the country and return them to their country of origin and that any space objects that fall inside the country’s boundaries will be returned to the launching country.

Criminal Responsibility

The law also specifies that violations of the law can be criminally prosecuted and lays out cases in which personnel can be disciplined, including given unpaid labor, labor education, demotion or dismissal. The law does not specify any minimum or maximum sentences.

1. [1]

   “대응조치법, DPRK Law on Countermeasures”, p1129, 北韓法令集 下 2024, South Korea’s National Intelligence Service

2. [2]

   The National Aerospace Technology Administration was known as the National Aerospace Development Administration (NADA) until it changed its name in September 2023.