• Title/Summary/Keyword: Aviation Law and System

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A Comparative Study of Air Law and Space Law in International Law (국제법상 항공법과 우주법의 비교연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.83-109
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    • 2008
  • According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

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Case Study on Safety Assessment Standard for A-SMGCS (항공기 지상이동 유도 및 통제시스템의 안전성 평가 기준에 관한 사례연구)

  • Ku, SungKwan;Baik, Hojong
    • Journal of Advanced Navigation Technology
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    • v.18 no.6
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    • pp.562-568
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    • 2014
  • This study is safety assessment standard for advanced surface movement guidance control system (A-SMGCS) and case study of the past research project. A-SMGCS providing routing, guidance and surveillance for the control of aircraft and vehicles in order to maintain the declared surface movement rate under all weather conditions within the aerodrome visibility operational level while maintaining the required level of safety. Recently, in korea and europe are developing A-SMGCS system for the safety control of the airport movement area. In safety oriented industry such as aviation that it is necessary to verify and ensure for operating system. In this case study, analysis of safety assessment standard for verified A-SMGCS target level of safety (TLS) and previous developed A-SMGCS research project.

Prediction of the Available Time for the SBAS Navigation of a Drone in Urban Canyon with Various Flight Heights (도심 지역에서의 드론 운용을 위한 비행 고도별 SBAS 보강항법 가용 시간 예측)

  • Seok, Hyo-Jeong;Park, Byung-Woon
    • Journal of Cadastre & Land InformatiX
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    • v.46 no.1
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    • pp.133-148
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    • 2016
  • Voices demanding a revision of the aviation law on the operating drones are continuously rising high with the increase of their applicability in various industry fields. According to the current regulations, drones are permitted to fly under very strict conditions, which include limited places and the line-of-sight visibility from pilots. Because of the strict regulations, it is almost impossible for drones to be used in many industries such as parcel delivery services. To improve the business value of drones, we have to improve the accuracy of drones' positions and provide the proper protection levels in order to detect and avoid any risks including the collisions with the other drones. SBAS(Satellite Based Augmentation System) can support the aviation requirements with the accuracy and integrity so as to reduce the position errors and to calculate the protection levels of drones. In this paper, we assign the flight heights of drones according to the decision heights as per LAAS(Local Area Augmentation System) landing categories and conduct a simulation to predict the SBAS available time of the day.

A Study on The Enhancement of Aviation Safety in Airport Planning & Construction from a Legal Perspective (공항개발계획과 사업에서의 항공안전성 제고에 대한 법률적 소고)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.67-106
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    • 2012
  • Today air traffic at the airport is complicated including a significant increase in the volume of air transport, so aviation accidents are constantly occurring. Therefore, we should newly recognize importance of the Air Traffic Safety, the core values of the Air Traffic. The location of airport that is the basic infrastructure of the air traffic and the security of safety for facilities and equipments are more important than what you can. From this dimension, I analyze the step-by-step safety factors that are taken into account in the airport development projects from the construction or improvement of the airport within the current laws and institutions and give my opinion on the enhancement of safety in the design and construction of airport. The safety of air traffic, as well as airport, depends on location, development, design, construction, inspection and management of the airport including airport facilities because we have to carry out the national responsibility that prevents the risk of large social overhead capital for many and unspecified persons in modern society through legislation regarding intervention of specialists and locational criteria for aviation safety from the planning stage of airport development. In addition, well-defined installation standards of airports and air navigation facilities, the key points of the airport development phase, can ensure the safety of the airport and airport facilities. Of course, the installation standards of airport and air navigation facilities are based on the global standard due to the nature of air traffic. However, to prevent the chaos for the safety standards in design, construction, inspection of them and to ensure the aviation safety, the safety standards must be further subdivided in the course of domestic legislation. The criteria for installation of the Air Navigation facilities is regulated most specifically. However, to ensure the safety of the operation for Air Navigation Facilities, performance system proved suitable for the Safety of Air Navigation Facilities must change over from arbitrary restrictions to mandatory restrictions and be applied for foreign producers as well as domestic producers. Of course, negligence of pilots and defective aircraft maintenance lead to a large portion of the aviation accidents. However, I think that air traffic accidents can be reduced if the airport or airport facility is perfect enough to ensure the safety. Therefore, legal and institutional supplement to prioritize the aviation safety from the stage of airport development may be necessary.

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A Study on Legal and Institutional Improvement Measures for the Effective Implementation of SMS -Focusing on Aircraft Accident Investigation-

  • Yoo, Kyung-In
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.101-127
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    • 2017
  • Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.

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Legal Review on the Regulatory Measures of the European Union on Aircraft Emission (구주연합의 항공기 배출 규제 조치의 국제법적 고찰)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.3-26
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    • 2010
  • The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

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Study on Establishment of Aircraft Noise Abatement Procedures in Kimhae International Airport (김해국제공항 항공기 저소음 운항절차 수립을 위한 연구)

  • Kim, Yeon-Myung;Kim, Mi-Seon;Son, Jeong-Gon;Kim, Young-Il
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2008.04a
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    • pp.899-903
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    • 2008
  • The purpose of this study is to establish the noise abatement procedures in Kimhae International Airport and also make noise limit and methods to monitor and detect an aircraft flying over Kimhae airport. First of all, noise monitoring system(NMS) should be set up, have a test and noise limit will be adjusted afterwards. Before applying Noise Abatement Procederes and noise limit, the amendment of Aviation Law 'article 108' required to proceed. The accumulative data and long term process of NMS will proceed and it is necessary to issue a notification of noise limit in phases.

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A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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A study on the Comparative Analysis and Improvement Direction of Approved Training Organization for Pilot (비행교육을 위한 지정전문교육기관 비교분석 및 개선방안에 관한 연구)

  • Jun-Hyeok Hwang;Kyu-wang Kim
    • Journal of Advanced Navigation Technology
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    • v.28 no.1
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    • pp.51-59
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    • 2024
  • Currently, the approved training organization (ATO) is being used worldwide to supply excellent pilots in the aviation industry. This system, which is used worldwide, has been transformed and utilized according to each country. In this study, the operation method and educational environment of specialized pilot training institutions in Korea were examined in detail, and the differences were compared by comparing the operation methods and flight education environments of international standards, the United States, Europe, Canada, and neighboring countries such as Japan, China, and Singapore to derive differences from the system of specialized educational institutions in Korea. Based on these comparative data, through a survey of workers in the relevant work, satisfaction with the number of department classes set by the domestic aviation safety law specialized educational institution designation standards differed greatly depending on the characteristics of the survey subjects, and the importance differed depending on the department's class subjects.

Secure methodology of the Autocode integrity for the Helicopter Fly-By-Wire Control Law using formal verification tool (정형검증 도구를 활용한 Fly-By-Wire 헬리콥터 비행제어법칙 자동코드 무결성 확보 방안)

  • An, Seong-Jun;Cho, In-Je;Kang, Hye-Jin
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.42 no.5
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    • pp.398-405
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    • 2014
  • Recently the embedded software has been widely applied to the safety-critical systems in aviation and defense industries, therefore, the higher level of reliability, availability and fault tolerance has become a key factor for its implementation into the systems. The integrity of the software can be verified using the static analysis tools. And recent developed static analysis tool can evaluate code integrity through the mathematical analysis method. In this paper we detect the autocode error and violation of coding rules using the formal verification tool, Polyspace(R). And the fundamental errors on the flight control law model have been detected and corrected using the formal verification results. As a result of verification process, FBW helicopter control law autocode can ensure code integrity.