외식 프랜차이징과 관련된 심판례 분석과 제도개선에 관한 연구: 가맹사업법상 구속조건부거래 행위를 중심으로

The purpose of this study was to analyze the contents of trial and judicial precedents related to the violation by the franchise headquarters of food service industry of the Act on Exclusive Dealing under the Franchise Business Act and to draw the implications. Analysis of the contents revealed that the Fair Trade Commission strictly determines the coercion related to interior construction and required items in judgments related to the detention of the trade opponent among the types of exclusive dealing under the Franchise Business Act. In this regard, the court made a judgment by broadly acknowledging the objective necessity of franchising business management, the unity of trademark, the continuous management and control of whether franchisees use it, service quality and consumer satisfaction, etc. As an improvement measure, it is necessary to revise definition and scope in order to have them become required items in the information disclosure statement and the franchise contract under the Franchise Business Act because they are absent in relation to designation of required items in the current law.