가맹사업거래의 공정화에 관한 법률의 쟁점에 관한 고찰
A Review on the Disputed Points of the Fair Franchise Deal Act
권오승(오산대학교)
25권 1호, 273~296쪽
초록
The franchise of Korea was introduced in 1979 for the first time and it is spreading around quickly centered on restaurants through advance introduction of foreign brands and domestic companies. Along with these developments, the franchise act has been enforced since 2002 in order to eliminate the unfair trade practices that have been occurring in the franchise deals and for the franchisee and the franchisor to develop in balance but the trend shows that the mutual legal disputes is continuously increasing. Along with providing information systems engineering rewriting, the current franchise act has created various complementary devices such as adopting the rewriting the information engineering registration system and others so realistically, both parties are able to sign the contract equally but the reality is that the franchisees are suffering from considerable damage due to their lack of knowledge in franchise system and legal knowledge. We have suggested several ways to improve the problem so any dispute between the franchisor and the participating merchant can be prevented, develop with balance between, and for the franchises to be activated. Korea's current franchise act occupies most with regulations and penalties for participating in the franchisor that inflict damage through inequality of information and inequality of status. These types of regulations and penalties for the franchisor created a fair trade order for the balanced development of franchisor and the franchisee but on the other hand, this makes the franchisor to lose motivation for establishing the franchise to it can become a handicap for the activation of franchise. If there are no franchisor, there are no franchisee. As a result of restrictions on the franchisor, an active creation of franchisor headquarters must be created so the entrepreneurship motivation of the franchisor not to lose their motivation to create franchise so they could contribute to national economy, the compensation for the regulatory will continuously developed in the future.
Abstract
The franchise of Korea was introduced in 1979 for the first time and it is spreading around quickly centered on restaurants through advance introduction of foreign brands and domestic companies. Along with these developments, the franchise act has been enforced since 2002 in order to eliminate the unfair trade practices that have been occurring in the franchise deals and for the franchisee and the franchisor to develop in balance but the trend shows that the mutual legal disputes is continuously increasing. Along with providing information systems engineering rewriting, the current franchise act has created various complementary devices such as adopting the rewriting the information engineering registration system and others so realistically, both parties are able to sign the contract equally but the reality is that the franchisees are suffering from considerable damage due to their lack of knowledge in franchise system and legal knowledge. We have suggested several ways to improve the problem so any dispute between the franchisor and the participating merchant can be prevented, develop with balance between, and for the franchises to be activated. Korea's current franchise act occupies most with regulations and penalties for participating in the franchisor that inflict damage through inequality of information and inequality of status. These types of regulations and penalties for the franchisor created a fair trade order for the balanced development of franchisor and the franchisee but on the other hand, this makes the franchisor to lose motivation for establishing the franchise to it can become a handicap for the activation of franchise. If there are no franchisor, there are no franchisee. As a result of restrictions on the franchisor, an active creation of franchisor headquarters must be created so the entrepreneurship motivation of the franchisor not to lose their motivation to create franchise so they could contribute to national economy, the compensation for the regulatory will continuously developed in the future.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학