가맹사업법 오너리스크 규정에 관한 연구 - 가맹본부 임원의 명성ㆍ신용 훼손행위를 중심으로 -

In recent years, cases involving officers of franchisor have attracted public and media attention. The Fair Franchise Act was revised as owner risk cases were raised as social issues. The owner risk provision requires the parties to include in the contract a statement of damages, but does not specify the contract clause. However, considering the explanation of FTC or the standard contract form, it seems that the franchisor is to bear responsibility for damages caused by the franchisor's officers. This content is against the principle of self-responsibility and comparatively unusual. Considering the seriousness of the owner risk cases, the possibility of justification was examined, but it seems difficult to claim responsibility for the franchisor irrespective of the affairs relevance. Also, when considering the nature of franchising, the management duty of the franchisor for reputation and credit as core asset can be recognized, but it does not include the duty to control over the personal activities. With the history of franchising, the activities of founder and CEO have considerable influence on the business. Therefore, it is desirable that the owner risk provision be stipulated in the contract with regard to reputation and credit. However, the attitude of forcing the contents of the contract needs to be wary. Strong partnerships between franchisors and franchisees are key to success. Strong partnership is only possible through autonomous efforts of the parties, not the regulations. The creative development of franchising is possible when the Fair Franchise Act is operated in a way to guarantee the autonomy of the parties.