일본의 프랜차이즈 계약에 관한 법적 규제

Franchises can take advantage of other person’s capital and competent person for franchiser and unfold business rapidly. Also, franchisee utilizes brand or know-how etc. that franchiser offers and have characteristic that can start separatively. Therefore, many businessman who utilize franchises business are entering newly to market of wide field. In the meantime, as business activity that use franchises increases, dispute that enclose franchise agreement between franchiser and franchisee businessman is increasing. Accordingly, our country established “Law about fair of affiliation business transaction” at May, 2002, and introduced system that require system that register open three of information and system that do affiliation money do salute and franchise agreement’s renewal at August, 2007. On the other hand, Japan is endeavoring to prevent dispute about franchise as the United States of America and control this, but legislation of general law is not consisting up to now. Dispute about franchise agreement of Japan is arising to problem that receive relief that person concerned is administration of justice through court than Fair Trade Commission. Franchise agreement is prescribing about binding about franchisee mainly here as continuous transaction contract that promise various kinds right and relation of duty between franchiser and franchisee. But, method is various about binding, and also, because there is much kinds in franchise’s types of business or personality of franchise business, it argues by to weigh the difference or may speak that decent thing is impossible. But, because many binding articles are prescribed in franchise agreement thus, need to examine circumspectly whether it is possible that franchiser restricts franchisee to where. Also, is ʻUnfair trade practices’ general appointment’ that it takes spare ʻUnfair trade practices’ prohibition’ of Anti Trust Law article 19, justice regulation of ʻUnfair trade practices’ of same law article 2 9 clauses and these contents that control this point. Therefore, because Anti Trust Law’s standard is made out at September 20, 1983 to administer franchise business, pronounced Fair Trade Commission’s “Anti Trust Law’s guide la about franchise system” is unique. Therefore, need to consider Anti Trust Law’s regulation always that administer interpretation and correction of franchise agreement article and franchise fledgling as for franchiser and confirm carefully binding to some measure is reasonable and proper thing.