한국의 프랜차이즈계약 관련 법제현황 및 과제 - 정보공개제도를 중심으로 -

The contractual relationship between a franchisor and a franchisee is related to private law. However the government intervenes in the contractual relationship between a franchisor and a franchisee to make the contractual relationship fair. Not only the Fair Transactions in Franchise Business Act 2007 which enacts a provision to register the information disclosure statements in the Fair Trade Commission(hereinafter “FTC”) and to provide a prospective franchisee with the information disclosure statements but also the Fair Transactions in Franchise Business Act 2013 which enacts a provision to provide a prospective franchisee with ‘an assessment document of an estimated amount of sales’ would be estimated positively. I think that the intellectual property right should be enacted as pre-contractual disclosure provision of the Fair Transactions in Franchise Business Act considering the importance of the intellectual property right in the franchise system. The FTC of Korea has established and operates the Franchise Business Information System, so the prospective franchisee can search the information disclosure statements via internet at any time. If we take this circumstances into consideration, we need to accept an exceptional clause which allows the abandonment the cooling-off period. During the cooling-off period the prospective franchisee may consider whether to make a franchise contract or not. We should expressly put in an article which says the franchise contract should be rescinded by the return of franchise fees in case that the franchisor acts against law. The procedure of registration of the information disclosure statements should be improved in order to register the information disclosure statements quickly. If a registration is obliterated owing to false registration, the FTC should have the right to reject the registration of the information disclosure statements.