가맹사업법상 규제의 대리점법 도입의 적절성 - 정보제공, 계약의 갱신‧해지, 단체구성‧교섭 측면을 중심으로 -
A Study on introduction of regulations of ‘Fair Transactions in Franchise business Act’ to ‘Fair Agency Transactions Act’
정주미(서울대학교)
40권, 31~55쪽
초록
The Fair Agency Transactions Act(FATA) was enacted to protect the fair trade in agency transactions. For the more effective enforcement of the FATA, there is a debate about whether FATA should introduce of regulations of the Fair Transactions in Franchise business Act(FTFA). The regulations are concerned with Information providing, renewal and termination of the contracts, and rights of organization and negotiation for business associations. It is not appropriate to introduce the regulations of FTFA to the FATA. The first reason is the agency transactions means a variety of vertical forms of transactions, including the resale or consignment of goods or services. The second reason is that a supplier is not acknowledged as holding a superior position to an agency before the Korea Fair Trade commission(KFTC) judges it. Instead, it is suitable for the KFTC to make ‘standard forms of contracts’ in specific agency transactions to give guidelines for renewal and termination of contracts.
Abstract
The Fair Agency Transactions Act(FATA) was enacted to protect the fair trade in agency transactions. For the more effective enforcement of the FATA, there is a debate about whether FATA should introduce of regulations of the Fair Transactions in Franchise business Act(FTFA). The regulations are concerned with Information providing, renewal and termination of the contracts, and rights of organization and negotiation for business associations. It is not appropriate to introduce the regulations of FTFA to the FATA. The first reason is the agency transactions means a variety of vertical forms of transactions, including the resale or consignment of goods or services. The second reason is that a supplier is not acknowledged as holding a superior position to an agency before the Korea Fair Trade commission(KFTC) judges it. Instead, it is suitable for the KFTC to make ‘standard forms of contracts’ in specific agency transactions to give guidelines for renewal and termination of contracts.
- 발행기관:
- 한국경쟁법학회
- 분류:
- 기타법학